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HomeMy WebLinkAbout04/10/071 40 "Szeaded ane t ie oat& wed to dad a kiade puteete. AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 10, 2007 - Council Chambers, City Hall. , 1315 Valley Drive Regular Session 7,7:10 p.m. Closed Session - Immediately following Regular Session MAYOR Sam Y. Edgerton MAYOR PRO TEM Michael Keegan COUNCIL MEMBERS Patrick 'Kit' Bobko J. R. Reviczky Peter Tucker CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins CITY CLERK 1 All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in. the Council Chambers foyer. 1 All written communications from the public included in the agenda will be posted with the agenda on the City's website: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS PRESENTATIONS WINNERS OF ART SHOW OF HERMOSA BEACH SPONSORED BY THE WOMAN'S CLUB OF HERMOSA BEACH PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item. from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. a. Letter from Dan Inskeep requesting City consideration of incentives for energy efficient modernization efforts. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on March 13, 2007. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. 2 (c) • Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to appropriate funds for, and authorize the purchase of, ten (10) Sony digital recorders with augmented memory for the traffic and patrol officers at a total cost of $3,953. Memorandum from Police Chief Greg Savelli dated March 28, 2007. (e) Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated April 4, 2007. (f) Recommendation to accept the work by Fleming Environmental, Inc. for Project No. CIP 03-418 Sewer Improvements - Upgrade of Sewage Lift stations; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Fleming Environmental, Inc. (10% retained; 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated April 3, 2007. (g) Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 3, 2007. Claimant: Pompano, Mark Date of Loss: 03-13-07 Date Filed: 03-29-07 Allegation: Violation of Civil Rights (h) Recommendation to approve amendment to the contract for JAS for on-going staff services. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 2007. (i) Recommendation to receive and file the action minutes of the Upper Pier Avenue Committee meeting of March 7, 2007. (j) Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 21, 2007. (k) Recommendation to approve a Change Order to TrueLine Surfacing, current Contractor for the Community Center Tennis Courts Resurfacing Project, for the installation of two basketball courts and backboards at Edith Rodaway Park in the amount of $18,813.00; and, authorize the Director of Public Works to make changes as necessary within the project budget. Memorandum from Public Works Director Richard Morgan dated April 3, 2007. • • (I) Recommendation to adopt a resolution overturning the decision of the Planning Commission and approve the proposed variances to allow a 2.7 foot side yard setback and a 4.7 foot garage setback at the property addressed as 1144 2nd Street and legally described as Lot 91, Tract No. 733. Memorandum from Community Development Director Sol Blumenfeld dated April 10, 2007. (m) Recommendation to authorize the purchase of one (1) Ford Ranger 4x4 pickup truck and authorize the purchase of one (1) Animal Transport Unit to be installed on aforementioned Ford Ranger 4x4 pickup truck. Memorandum from Police Chief Greg Savelli dated March 26, 2007. (n) Recommendation to adopt a resolution increasing the fee for employee parking permits, limiting the number to be issued to each business and prohibiting the use of contractor's permits at silver meters. Memorandum from City Manager Stephen Burrell dated April 5, 2007. (o) Recommendation to adopt a resolution amending the Master Fee Resolution to add a fee for passport photos. Memorandum from City Clerk Elaine Doerfling dated April 3, 2007. 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. APPEAL OF THE PLANNING COMMISSION DECISION, ON JANUARY 16, 2007, TO ADOPT A RESOLUTION TO MODIFY THE CONDITIONAL USE PERMIT, INCLUDING LIMITS ON HOURS OF OPERATION TO 12:00 MIDNIGHT AND TO PROHIBIT LIVE ENTERTAINMENT AND DANCING, AT 705 PIER AVENUE (SAFFIREIPOINTE 705 CLUB). Continued from meeting of March 27, 2007. Memorandum from Community Development Director Sol Blumenfeld dated April 3, 2007. RECOMMENDATION: Adopt resolution sustaining decision to modify the conditions of the CUP for the restaurant and to revoke the approvals for live entertainment and outside dining as set forth in the resolution. • • 6. MUNICIPAL MATTERS a. CENTENNIAL CELEBRATION — FUND RAISING STATUS REPORT. Memorandum from City Manager Stephen Burrell dated April 5, 2007. RECOMMENDATION: Receive and file. b. CENTENNIAL CELEBRATION - TASTE OF HERMOSA EVENT PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated April 3, 2007. RECOMMENDATION: Appropriate $20,000 of Centennial Celebration sponsorship fiends towards the culminating Centennial event. c. CENTENNIAL SUMMER CONCERT SERIES — SUMMER 2007 PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated April 3, 2007. RECOMMENDATION: Approve concert dates and select a music venue. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE B. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. SCHEDULE APPLICANT INTERVIEWS FOR NEWLY FORMED EMERGENCY PREPAREDNESS ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated April 3, 2007. RECOMMENDATION: Schedule applicant interviews for a time certain prior to the regular meeting of April 24, 2007, with appointments to follow at the regular Council meeting. b. VACANCIES - BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated April 4, 2007. RECOMMENDATION: That the City Council direct the City Clerk to immediately advertise and request applications from interested parties for two Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 2007, two Planning Commission terms that will expire June 30, 2007, and two Civil Service Board terms that will expire July 15, 2007. 5 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3).resolution of matter by Council action tonight. a. Request from Mayor Edgerton to consider a change in the Municipal Code to allow permits for Private Residential events to be hosted at their homes twice a year. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on January 30, 2007. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Anticipated Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 ADJOURNMENT 6 • Steppin' Out Registration Registration Process: 1. Fill out and sign this form. 2. Include payment or credit card information. 3. Hand in at Center for Health and Fitness front desk where you can pick up your pedometer. If you don't need a pedometer, you may mail or fax your registration to: Beach Cities Health District 514 N. Prospect Avenue, 3rd Floor Redondo Beach, CA 90277 Attn: Steppin' Out Fax: (310) 376-4738 411r40 vet-eAtzg4-- Health District BCHD A Public Agency Live Well. Health Matters. Individual and Group Registration:* Name/ Team Leader's Name: Street Address: City: State: Zip Code: Date of Birth: Phone: Email: * Groups must fill out team participants information on the attached sheet. Registration fee / Individual: Registration fee / Group: $2.00 for pedometer # of Team Members x $10 = $10.00 does not include pedometer # of Members x $5 (under 18 or over 55) = $5.00 Under age 18 or over age 55* # of Pedometers x $2 = *does not include pedometer Total Registration Fee: Method of Payment: Cash: Check: Visa: Mastercard: Credit Card # : Expiration Date: Signature: Date: Team Information: Name Phone E-mail Address Birthdate I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in the program(s). I am aware that Beach Cities Health District programs, including strength training, stretching and aerobic exercise and the use of equipment, are potentially hazardous. I un- derstand that I should consult a physician before engaging in any physical activity or exercise. I herby agree to fully accept any and all risk of injury, illness and death that may result from my participation in the program(s) and herby fully release Beach Cities Health District from any and all liability or damages for claims I may have relating to the program(s). If I choose to pay by credit card, my signature below authorizes such payment. I understand that photographs and/or video may be taken during BCHD classes and activities for promotional purposes and my signature acknowledges consent to be photographed or filmed. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY Y UNDERSTAND THAT IT CONTAINS A COMPLETE RELEASE OF LIABILITY IN FAVOR OF BEACH CITIES HEALTH DISTRICT. Signature: Date: Steppin' Out Registration Registration Process: 1. Fill out and sign this form. 2. Include payment or credit card information. 3. Hand in at Center for Health and Fitness front desk where you can pick up your pedometer. If you don't need a pedometer, you may mail or fax your registration to: Beach Cities Health District 514 N. Prospect Avenue, 3rd Floor Redondo Beach, CA 90277 Attn: Steppin' Out Fax: (310) 376-4738 BCHD A Public Agency Health District Live Well. Health Matters. Individual and Group Registration:* Name/ Team Leader's Name: Street Address: City: State: Zip Code: Date of Birth: Phone: Email: * Groups must fill out team participants information on the attached sheet. Registration fee / Individual: Registration fee / Group: $2.00 for pedometer # of Team Members x $10 = $10.00 does not include pedometer # of Members x $5 (under 18 or over 55) = $5.00 Under age 18 or over age 55* # of Pedometers x $2 = *does not include pedometer Total Registration Fee: Method of Payment: Cash: Check: Visa: Mastercard: Credit Card # : Expiration Date: Signature: Date: Team Information: Name Phone E-mail Address Birthdate I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in the program(s). I am aware that Beach Cities Health District programs, including strength training, stretching and aerobic exercise and the use of equipment, are potentially hazardous. I un- derstand that I should consult a physician before engaging in any physical activity or exercise. I herby agree to fully accept any and all risk of injury, illness and death that may result from my participation in the program(s) and herby fully release Beach Cities Health District from any and all liability or damages for claims I may have relating to the program(s). If I choose to pay by credit card, my signature below authorizes such payment. I understand that photographs and/or video may be taken during BCHD classes and activities for promotional purposes and my signature acknowledges consent to be photographed or filmed. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND THAT IT CONTAINS A COMPLETE RELEASE OF LIABILITY IN FAVOR OF BEACH CITIES HEALTH DISTRICT. Signature: Date: Hermosa Beach Plag Commission, • I am writing you as a fellow Commissioner for almost ten years in your neighboring city, Redondo Beach. This letter is in regards tomy good friend Dan Miller, that runs Club Saffire in your fair city. I know that you will be deciding about Dans fathers C.U.P. and I want to say a few words on his behalf, since you haven't had the chance to get to know this young man. I am out of state and will have to rely on this letter to get my point across. First a little bit about myself for credibility purposes. I was a residence of Redondo Beach for almost twenty years and became a Commissioner for Public Works way back when Brad Parton was Mayor. I was moved to the Public Safety Commission for eight years, all through my friend Mayor Greg Hills two terms and as my second term came to a close as the Vice Chair, I went to the Youth Commission. Unfortunately, I found out that I had cancer and had to move to the. Palm Springs area for treatment, of which I am doing fine now thank God! I actually came back to my home Redondo Beach to get married in August and was honored to have my friend Mayor Mike Gin speak at my wedding: In my time in the South bay, I helped start a non profit organization keeping kids out of. gangs and drugs with a fellow Commissioner and school board member for Hawthorne, Hugo Rojas. "The California Youth Karate Club" has done some incredible work with kids and we have awards from: Congress Woman Maxine Waters Senator Gloria Romero Sheriff Baca I was teaching kids at Boxing Works in Hermosa Beach many years ago, when City Council man for Hermosa Beach J.R. Reviczky had his picture taken with me for the Beach Reporter with a child I was teaching . He was Mayor of Hermosa Beach at the time and was happy to see children being helped in your city in a volunteer capacity by our organization. In fact a couple years ago, Mayor Yoon of Hermosa Beach gave our organization, "The California Youth Karate Club" an award at the South Bay Music Awards held in Hermosa Beach. I also became friends with many Police Chiefs and Captains of Redondo Beach as well as Captain Eckert of your Police Dept. When Pointe 705 opened for business years ago, I was an investor and ran the front door for the first year. I was good friends with the owners Scott and Shane and we all loved the place. When they chose to sell it, I still went in the club from time to time and didn't really see any change what so ever in the noise factor from then till now. Dan has informed me that Club Saffire has had less than twenty complaint calls in the last year, when other clubs in the city have had over 50! This would strike me as odd, why you would want to consider altering Club Saffires C.U.P., when other clubs give the city more problems and you allow them to stay open until two. Dan is a wonderful h an being, that regularly takes time out gfhis busy life to help others in a volunteeripacity. I know most of you do not known, so from one Commissioner to another, I just want to let you know that he is a good person. They really want to just sell Club Saffire and move forward with their lives, but without a C.U.P. that would make it very difficult for them to do that. I am sure they will comply with any requests you have for them and I would like to just add my reference to Dan as a stand up person in the community. I know you will all make the right decision. Thanks for the great job you all do my fellow Commissioners and keep up the good work! Chris Young Former Commissioner of Redondo Beach Present Commissioner for Indio NEWS FROM DON K1 ABE Supervisor, Fourth District County of Los Angeles 822 Hahn Hall of Administration FOR IMMEDIATE RELEASE Contact: David A. Sommers (213) 974-1095 (213) 453-6446 (cell) COMMUNITY LEADER TOM MARTIN PASSES AWAY LOS ANGELES, March 30, 2007 — Thomas (Tom) R. Martin, a long -serving South Bay community leader and field representative for several elected officials, passed away this morning at the age of 61 after a prolonged battle with cancer. Tom was a prominent figure in the South Bay and Beach Cities for over thirty years, serving as a field representative to former State Senator Bob Beverly for twenty-six years and as a field deputy to Los Angeles County Supervisor Don Knabe for nine years. He was a California native, attended grammar school in Manhattan Beach and finished high school in the South Bay. He graduated from the University of Southern California in 1967 with a degree in Political Science and Public Administration. After a tour of duty in the United States Navy during the Vietnam War, Tom returned to the South Bay to work for Senator Beverly from 1969 to 1996. He joined Supervisor Knabe's staff in 1996 and served until his battle against cancer forced his retirement in 2005. Tom was involved in numerous community service clubs and organizations, including the Navy League, Rotary, The City of Hope, YMCA, South Bay Symphony Association, Redondo Beach Beautification Committee, the South Bay Juvenile Diversion Project and the Jaycees. He once served .as president of the Manhattan Beach Coordinating Council and Beach Cities Council on Aging. He served a term as a trustee on the Beach Cities Health District. In 1994, he was named recipient of the Redondo Beach Chamber of Commerce "Man of the Year" award, and in 2000 was honored by the Torrance Chamber of Commerce with the "J. Walker Owens Outstanding Volunteer" award. In 1999, The Los Angeles Times featured an extensive 'Column One' profile of Tom and the unique aspects of his work as a field representative to an elected leader. More recently, over 100 community leaders, council members and Mayors gathered last month to honor Tom by dedicating the Lifeguard Headquarters on the Manhattan Beach Pier in his name. "Tom always displayed the qualities that are the foundation of a truly remarkable public servant — character, trustworthiness, honor, and courage. He used these attributes every day in his lifetime of service to the communities he loved so much," said Supervisor Don Knabe. "Tom Martin was a friend and a professional in the truest sense." Tom is survived by his wife Jeri, stepsons Brian and Jimmy, and stepdaughters Teri and Leisha. ## • Dan Inskeep 7916th Street Hermosa Beach CA 90254-3402 (310) 376-9347 home (310) 381-6902 fax daninskeep(a,hotmail.com April 4, 2007 The Hermosa Beach City Counsel 1315 Valley Drive Hermosa Beach CA 90254 Subject: City incentives for energy efficient modernization Dear Counsel Members, I am proud of our City's efforts in relation to environmental awareness and excited by recent news of the Counsel's actions to participate in the Cool Cities Program. I've since volunteered to help with the Cool Cities initiative and hope to help make it a success. In addition to broad efforts, I respectfully request the Counsel consider another way to encourage environmentally responsible activities by its residents: City incentives for energy efficient modernization including reduced or waived fees and streamlining of building requirements for applicable installations. In the course of installing two solar electric systems in Hermosa Beach (photovoltaic solar panels) I've encountered a few hurdles that, through your action, could be minimized or eliminated without cost to the City. As an example, to complete my second system I face an expensive electrical panel upgrade that is necessary solely for code compliance purposes. This upgrade provides no safety or operational benefit and is the kind of requirement that I would propose be eliminated. Permit and inspection fees could also be trimmed to recapture only the City's third party costs. California Civil Code 714 and California Government Code 65850.5 already prevent local ordinance from prohibiting or unreasonably restricting solar system installations. The City could ensure compliance with these laws while at the same time go further by providing its own direct incentives without incurring measurable budget impact. I hope you will consider this request and take action in an effort to further Hermosa Beach's position as a trend-setter in environmental efforts. r • v//01o7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 13, 2007, at the hour of 7:20 p.m. ROLL CALL: Present: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton Absent: None PLEDGE OF ALLEGIANCE - Dency Nelson. ANNOUNCEMENTS -- Councilmember Bobko announced an Upper Pier Avenue Community Workshop to take place Saturday, March 24, at 10:00 a.m. in, the Council Chambers, with refreshments. Councilmember Tucker said he attended the League of California Cities meeting, with over 64 coastal cities in attendance, and learned that a subcommittee has been formed to encourage the Coastal Commission to return to the original goals established when the commission was founded in 1973. Mayor Pro Tempore Keegan reminded everyone of the St. Patrick's Day Parade on Saturday, March 17 at 11:00 a.m., beginning at the corner of Pier and Valley and then south on Hermosa Avenue. Councilmember Reviczky read a letter of appreciation from Sister Anne of the Good Shepherd Shelter, one of the recipients of the Beach Cities Toy Drive. Mayor Edgerton said he attended a meeting last Wednesday with the mayors of Manhattan Beach and Redondo Beach; said Manhattan Beach has now signed the cool cities program and Redondo Beach is planning to as well; said both mayors of the other beach cities are in agreement about a loop bus using alternative fuel, and that other topics discussed were solar panels and reducing electricity usage. He then commented on the very successful Education Foundation fundraiser which also provided an enjoyable evening for all who attended. COMMENDATIONS: PRESENTATION OF COMMENDATION TO ISAIAS ALVIRA, OUTSTANDING SCHOOL CROSSING GUARD OF THE YEAR FOR 2006-2007 Mayor Edgerton presented the commendation to Mr. Alvira who expressed his appreciation and said he enjoyed contributing to the safety of the school children. PRESENTATIONS: PRESENTATION BY THE KENNY NICHOLSON FOUNDATION FOR THE BEACH CITIES TOY DRIVE City Council Minutes 3-13-07 Page 12120 • • Doris Nicholson presented framed certifications of recognition to Mayor Edgerton, Councilmember Reviczky, and Councilmember Tucker for their support of the Beach Cities Toy Drive over the years. Ms. Nicholson described the activities of their foundation assisting veterans and their children, along with other needy children who benefited from the Toy Drive. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, said if the consent ordinance, agenda item 3(a), is adopted this evening by the Council, he would begin the referendum process in the morning; expressed interest in Council member Tucker's comments regarding the Coastal Commission and hoped he could discuss with him further details; Dency Nelson — Hermosa Beach, said this. year's Shakespeare by the Sea at Valley Park was not currentlyon the organization's schedule although the City's calendar showed a date of July 25; said there seemed to be a disconnect between the organizers and the City over funding and hoped that the City would donate more than the usual $500 in order to make this performance possible (City Manager Burrell was directed to investigate the problem and report back to the Council); and Linda Miller — Hermosa Beach, said the notice for the February 20. Public Works Commission meeting indicated that issues regarding Sixteenth Street, both east and west of Pacific Coast Highway, would be discussed, but her husband was told he could not discuss west side issues; asked if both sections would be discussed again at future Commission meetings since the west side of the street was the source of problems on the east side (City Manager Burrell said investigation was underway to determine if there was a Brown Act violation, but did not believe there was; said the Commission, an advisory body only, would discuss the west side of Sixteenth Street at their next meeting with their findings being submitted to the City Council for a discussion of Sixteenth Street issues on both sides of Pacific Coast Highway); 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(d) Keegan. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. At 7:45 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b). City Council Minutes 3-13-07 Page 12121 • (a) RECOMMENDATION TO RECEIVE AND FILE THE MEMORANDUM REGARDING THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 27, 2007. Action: To receive and file the memorandum regarding the minutes of the regular meeting of February 27, 2007. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 47035 THROUGH 47180, INSLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 46941, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented: (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND DAVID MOMENI FOR AN INCREASE IN SCOPE OF SERVICES AND CONTRACT AMOUNT OF $17,240 FOR PROJECT NO. CIP NOS. 05-110 AND 04-112 CRACK SEAL/SLURRY SEALING OF AVIATION BOULEVARD AND PROSPECT AVENUE; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAID AMENDMENTS, UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AUTHORIZE CHANGE IN SCOPE OF WORK; SLURRY SEAL VALLEY DRIVE BETWEEN GOULD AVENUE AND HERONDO AVENUE IN PLACE OF MONTEREY BOULEVARD; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGES WITHIN THE APPROVED BUDGET. This item was removed from the consent calendar by Mayor Pro Tempore Keegan for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To approve the staff recommendation to: (1) Approve the first amendment to the professional services agreement between the City of Hermosa Beach and David Momeni for an increase in scope of services and contract amount of $17,240 for project No. CIP NOS. 05-110 and 04-112 crack seal/slurry sealing of Aviation Boulevard and Prospect Avenue; (2) Authorize the Mayor toexecute and the City Clerk to attest said amendments, upon approval as to form by the City Attorney; City Council Minutes 3-13-07 Page 12122 (e) (f), S • (3) Authorize a change in scope of work; slurry seal Valley Drive between Gould Avenue and Herondo Avenue in place of Monterey Boulevard; (4) Authorize the Director of Public Works to approve changes within the approved budget. Motion Keegan, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING OF FEBRUARY 15, 2007. Action: To receive and file the Action Minutes of the Upper Pier Avenue Committee Meeting of February 15, 2007. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Claimant: Mark J. Pompano Date of Loss: 08-11-06 Date Filed: 02-08-07 Allegation: Violation of civil rights Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. 3. CONSENT ORDINANCES a. ORDINANCE NO. 07-1278 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE SECTION 17.44.040 TO EXEMPT PIER PLAZA BUILDING SITES FROM PROVIDING A PERCENTAGE OF PARKING SPACES ON SITE WHEN IN- LIEU PARKING FEES ARE PAID." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 6, 2007. At the Council's request, Community Director Blumenfeld provided details of the ordinance and responded to Council questions. City Manager Burrell and City Attorney. Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner Hermosa Beach, said it would be impossible to 'differentiate between bars and . restaurantsby determining the 'percentage of alcohol versus food being served; said any parking advantage should apply to only retail and offices; reiterated that he would begin the referendum process if this ordinance is adopted; and Sandy Seman - Hermosa Beach, spoke in opposition to the ordinance, noting that residences rebuilt under similar circumstances would not enjoy the same relaxation of parking requirements; said that Sharkeez, really a City Council Minutes 3-13-07 Page 12123 • bar, not a restaurant, should have to supply parking since they would now have part of their business expanded to the second floor. Action: To waive full reading and adopt Ordinance No. 07-1278. Motion Mayor Edgerton, second Keegan. The motion carried by the following vote: AYES: Keegan, Reviczky, Tucker, Mayor Edgerton NOES: Bobko ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(d) was heard at this time but is shown in order for clarity. Public comments on items removed from the. Consent Calendar are shown under the appropriate item. At 11:01 p.m., the order of the agenda went it item 3(a), consent ordinance. 5. PUBLIC HEARINGS a. TEXT AMENDMENT REGARDING LOT MERGERS TO CONSIDER CLARIFICATIONS AND/OR MODIFICATIONS TO THE SUBDIVISION ORDINANCE TEXT (CHAPTER 16.20 MERGER OF PARCELS) AND DEFINITION OF "BLOCK" IN THE ZONING ORDINANCE (CHAPTER 17) PERTAINING TO THE REQUIREMENT TO MERGE ADJACENT PARCELS UNDER COMMON OWNERSHIP THAT INCLUDE SUBSTANDARD LOT SIZES, WHEN AN EXISTING BUILDING STRADDLES THE PROPERTY LINE. THE MAJORITY OF PARCELS SUBJECT . TO THIS MERGER REQUIREMENT HAVE ALREADY BEEN MERGED (IN THE YEARS 1987 - 1990), HOWEVER, A LIMITED NUMBER REMAIN. THE PURPOSE OF THE AMENDMENT IS TO CLARIFY THE CIRCUMSTANCES WHERE A LOT MERGER MAY BE REQUIRED; CONSIDER NEIGHBORHOOD CONSISTENCY RELATIVE TO LOT SIZE AND WIDTH; TO EXPAND NOTICING REQUIREMENTS; AND TO CONSIDER LIMITING THE MERGERS TO R-1 ZONED PROPERTIES. THE GENERAL PURPOSE OF THE LOT MERGER ORDINANCE IS TO PREVENT THE FUTURE DEVELOPMENT OF SUBSTANDARD SIZED PARCELS THAT ARE NOT CONSISTENT WITH EXISTING PARCELS ON THE SAME BLOCK. (Continued from meeting of 2/27/07) Memorandum from City Manager Stephen Burrell dated March 8, 2007. Community Director Blumenfeld presented the staff report and responded to Council questions. City Council Minutes 3-13-07 Page 12124 The public hearing opened at 7:55 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:55 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 07-1280, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE SUBDIVISION ORDINANCE PERTAINING TO MERGER OF PARCELS (CHAPTER 16.20) AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE," amended at the meeting as follows: (1) Section 5, paragraph 2, at the end of the definition of "block," add "not including an alley." and (2) Section 5, paragraph 3, 16.20.030.D. after the word "larger" in the second to last line, add "and fewer in number." Motion Keegan, second Edgerton. The motion carried by a unanimous vote. b. RESOLUTION AMENDING THE CITY'S FEE RESOLUTION TO INCREASE PARK FEES. Memorandum from Community Development Director Sol Blumenfeld dated March 1, 2007. The public hearing opened at 8:03 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:03 p.m. Action: To approve the staff recommendation to adopt Resolution No. 07- 6519, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A REVISED FEE` IN LIEU OF PROVIDING REQUIRED PARK LAND IN ACCORDANCE WITH THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Keegan. The motion carried by a unanimous vote. MUNICIPAL MATTERS Councilmember Reviczky left the dais at 8:04 p.m., because he is the current "Man of the Year." a. REQUEST BY THE HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU TO INSTALL A PERMANENT "MAN & WOMAN OF THE YEAR" PLAQUE AND STATUE ON THE NORTH SIDE OF THE COMMUNITY CENTER BUILDING WHERE THE HISTORICAL MUSEUM IS LOCATED. Memorandum from City Manager Stephen Burrell dated March 6, 2007. City Manager Burrell' presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors' Bureau, submitted a list of recipients since the program was initiated in City Council Minutes 3-13-07 Page 12125 • • 1961, and discussed the criteria and composition of the selection committee; discussed the reasons for the proposed location which was supported by the Historical Society, the Arts Foundation and the Public Works Commission as long as the use of water is not included with the bronze statue; described the plaque and planterand noted that all features would be funded by the Chamber of Commerce and all the proper permits would be obtained; said the unveiling would be part of the 100 Acts of Beautification of the Centennial Year. Action: To approve the request to place the proposed plaque, statue and planter' honoring the recipients of the Man and Woman of the Year at the specified location without the use of water. Motion Keegan, second Tucker. The motion carried, noting the absence of Councilmember Reviczky Councilmember Reviczky returned to the dais at 8:10 p.m. b. REQUEST FOR TAXICAB RATE INCREASE FROM $2.20 TO $2,65 DROP AND $2.45 AS THE BASE RATE. ' Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Ennis Jackson — City Staff member, said for five years he was involved with bandit cab enforcement in Beverly Hills; said stickers on the cabs indicate they are licensed to do business in Hermosa Beach and the City can cite those without stickers; suggested the fine be increased to $1100, the cost of a license for a franchised taxicab to discourage bandit cabs, which consider the current fine the cost of doing business; William Rous — South Bay Yellow Co -Op, said all expenses for the operation of a cab (gasoline, insurance, maintenance) are borne by the drivers and the increase will help offset those expenses; said they investigate any complaint brought to their attention; said statistics indicate a 92% record of their cabs arriving within 15 minutes of a request; said the dispatch center in St. George, Utah uses efficient technology that is very effective and always being improved; said Hermosa's high franchise fee of $1100 per cab, double that of Torrance and Redondo Beach, should be sufficient to cover bandit cab enforcement; and Michael Kalin — Bell Cab, said there is a hot line posted in their cabs to report complaints which they will investigate; said it was impossible to compare Los Angeles with Hermosa Beach because there are many more cabs licensed in Los Angeles with many more fares and that the cabs licensed in Hermosa Beach are licensed in surrounding communities as well; said the franchise fee in Hermosa Beach is City Council Minutes 3-13-07 Page 12126 • higher than any other city in Los Angeles County and should be enough to protect their drivers from bandit cabs. Proposed Action: To approve staff recommended rate increase. Motion Keegan, second Tucker. Substitute Motion: To continue the item to the next meeting in order to obtain more information. Motion Mayor Edgerton, second Reviczky. The motion failed, noting the dissenting votes of Bobko, Tucker, and Keegan. Action: To approve the staff recommendation to adopt Resolution No. 07- 6520, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN INCREASE IN TAXIMETER RATES AND LINKING/INDEXING THESE RATES TO THOSE ESTABLISHED BY THE CITY OF LOS ANGELES' DEPARTMENT OF TRANSPORTATION." Motion Keegan, second Tucker. The motion carried, noting the dissenting votes of Reviczky and Mayor Edgerton. Council consensus was to direct staff to develop a bandit enforcement program and report back in six to seven months. The meeting recessed at 9:05 p.m. The meeting reconvened at 9:25 p.m., with item 6(c). c. PROPOSED INCREASES IN EMPLOYEE PERMIT FEES AND CHANGE IN THE AREAS WHERE CONTRACTORS PARKING PERMITS ARE VALID. Memorandum from City Manager Stephen Burrell dated March 6, 2007. Supplemental information received March 13, 2007: a draft resolution, a list of employee permits issued in permit year 2006/07, and a packet of letters from Kevin Cody, Erin McCoy, Cris North, Monica Owen Vergara, Julia Fretschl, Molly Dessert, Mary Jane Schoenheider, and Marc Radin. City Manager Burrell presented the staff report and responded to Council questions. Proposed Action: To double the current rate for this year to $132 and to prohibit newly constructed buildings from obtaining these permits. Motion Keegan, second Mayor Edgerton. The motion was withdrawn. Action: To set the fee at $132, require a W-2 or certified 1099 to prove employment, and limit the maximum number of permits per business to 13 and direct staff to prepare a resolution for adoption at a future Council meeting incorporating these changes. Motion Keegan, second Edgerton. The motion carried by a unanimous vote. City Council Minutes 3-13-07 Page 12127 • Further Action: To direct staff to perform a study of daytime/nighttime usage within the impacted zone and its effect on residents; how to encourage nighttime parking in the parking structure; a different cost for a permit during the day versus night time hours, and limiting the number of permits for those businesses that meet the current parking requirements. Motion Keegan, second Edgerton. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Burrell said there would be two public hearings regarding Planning Commission decisions at the next meeting of March 27, and recommended continuing the 705 Pier Avenue appeal to April 10 because Mayor Edgerton would be absent from the March 27 meeting; said he would speak to their attorney about the continuance on the condition that they close at midnight between March 27 and April 10 or having the item heard on March 27 without Mayor Edgerton present. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to replace existing trees and ice plant in the median planters on Hermosa Avenue with date palms and other ground cover as one of the 100 Acts of Beautification. City Manager Burrell said he would obtain prices for consideration at the budget meeting. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 13, 2007, at the hour of 11:32 p.m. to the Regular Meeting of March 27, 2007, at 7:10 p.m. City Council Minutes 3-13-07 Page 12128. vchlist Check Register 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Page:. Bank code : boa Voucher Date Vendor ' Invoice Description/Account Amount 47329 3/22/2007 11437 ADMINISTRATIVE SERVICES CO -OI 204002 TAXI VOUCHER PROGRAM/ FEB 07 145-3404-4201 2,411.75 Total : 2,411.75 47330 3/22/2007 14250 ALAMO RENT A CAR 20688 CAR RENT/BURRELL & SAVELLI - SEMINAR 001-2101-4312 166. Total : 166.73 47331 3/22/2007 06421 ALL STAR FIRE EQUIPMENT, INC. 114302 Breathing Apparatus Conversion Kit 001-2201-5401 150.20 Total : 150.20 47332 3/22/2007 12796 AMERICAN LA FRANCE OF 198 RADIATOR AND INSTALLATION/ Ell 715-2201-4311 5,665.05 233 REPLACE FRONT TIRES/ E11 715-2201-4311 1,550.00 Total : 7,215.05 47333 3/22/2007 05179 AT&T 051 788 4923 001 Long Dist Phone Charges/ Mar 07 001-2101-4304 23.67 Total : 23.67 47334 3/22/2007 00252 BEACH TRAVEL 20687 Airfare/S. Burrell & G Savelli - Seminar 001-2101-4312 725 Total : 725. 47335 3/22/2007 12952 BED BATH & BEYOND 20820 Replacement Bedding for Dorm Beds 001-2201-5401 318.15 Total : 318.15 47336 • 3/22/2007 05621 BURRELL, STEPHEN R. 20686 Per Diem/ Police Chief -CM Seminar 001-2101-4312 150.00 Total : 150.00 47337 3/22/2007 00262 CALIFORNIA MARKING DEVICE 385 NAME PLATES & HOLDERS/ UPPER PIER CON 001-4202-4305 243.56 Page: a, whilst Check Register Page: 03/22/2007 5:01 A8PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47337 3/22/2007 00262 CALIFORNIA MARKING DEVICE (Continued) Total : 243.56 47338 3/22/2007 13361 CINGULAR WIRELESS 556214765X03112007 Cell Phone Useage/ Feb 07 001-4202-4304 235.60 Total : 235.60 47339 3/22/2007 05935 CLEAN STREET 49052 DOWNTOWN & UPPER PIER CLEANING/ FEB ( 109-3301-4201 8,991 001-6101-4201 2,997. 49053 CITYWIDE STREET SWEEPING/ FEB 07 001-3104-4201 16,541.00 Total : 28,529.33 47340 3/22/2007 09614 CONTINENTAL MAPPING SERVICE 30907 31607 300' Noticing - Mar 07 Plan Comm Mtg 001-4101-4201 Prepare/Mail Appeal Notices -705 Pier 001-4101-4201 47341 3/22/2007 07809 CORPORATE EXPRESS 77176216 Office Supplies/ Feb 07 001-1208-4305 77176217 Office Supplies/ Feb 07 001-4601-4305 77176218 Office Supplies/ Feb 07 001-1208-4305 77292129 Office Supplies/ Mar 07 001-4601-4305 77292131 Office Supplies/ Mar 07 001-4601-4305 Total : 2,446.00 225.00 2,671.00 126.75 66.68 65.95 79.0 77.76 Total : 416.88 47342 3/22/2007 00879 • COUNTY OF LOS ANGELES AR329412 SEWER PUMP STATION MAINT/ JAN 07 160-3102-4251 1,416.98 AR329442 ARTESIA BLVD MEDIAN MAINT/ JAN 07 302-3104-4251 80.98 Total 1,497.96 Page: 2 vchlist Check Register Page: 3 0312212007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor invoice Description/Account Amount 47343 3/22/2007 14287 CPCA 20833 Membership Dues/Neighborhood Watch 001-2101-4201 50.00 Total : 50.00 47344 3/22/2007 08855 D & D SERVICES, INC. 17210 Dead Animal Disposal/ Feb 07 001-3302-4201 295.g& Total : 295.1. 47345. 3/22/2007 08741 D.F. POLYGRAPH 2007/1 Polygraph/ Mar 07 001-2101-4201 150.00 Total : 150.00 47346 3/22/2007 14282 DEVINE, JOHN & SUSANNE 20809 Work Guarantee Refund/ # 5016 001-2110 1,600.00 Total : 1,600.00 47347 3/22/2007 11449 DEWEY PEST CONTROL 3656867 PEST CONTROL SERVICES / FEB 07 001-4204-4201 535.00 Total : 535.00 47348 3/22/2007 12446 DIRECT SAFETY COMPANY 00573574 FIRST AID SAFETY SUPPLIES FOR YARD 001-4204-4321 268.34 00573690 FIRST AID - SAFETY SUPPLIES FOR YARD 001-4204-4321 370.42 Total : 638. 47349 3/22/2007 00181 EASY READER 312007 Legal Ads/ Feb 07 001-1121-4323 469.87 Total : 469.87 47350 3/22/2007 07853 EMPIRE PIPE CLEANING & EQUIP 7476 CLEAN AND VIDEO SEWER SYSTEM/ FEB 07 160-3102-4201 10,182.55 Total : 10,182.55 47351 3/22/2007 10668 EXXON MOBIL FLEET/GECC 12922425 Gas Card Purchases/ Feb 07 Page: 3 vchlist ' Check Register Page: 03/Z2/2007 5;01;08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47351 3/22/2007 10668 EXXON MOBIL FLEET/GECC (Continued) 715-2101-4310 3,598.69 715-2201-4310 350.12 715-4201-4310 176.26 715-4202-4310 149.01 715-6101-4310 334.47 715-3302-4310 616.3 715-3104-4310 430. 715-4601-4310 105. 001-1250 43.94 715-2601-4310 426.85 Total : 6,232.10 47352 3/22/2007 01320 GALLS/LONG BEACH UNIFORM CO 844555 Flashlight Batteries 001-2101-4309 108.14 Total : 108.14 47353 3/22/2007 10836 GRAINGER 805216165 TRUCK - HAND PALLET 001-4204-5401 561.17 Total : 561.17 47354 3/22/2007 14149 HARING, SUZANNE 113006 Lunch w Bunny Entertainment Deposit 001-4601-4201 350.00 Total : 350.00 47365 3/22/2007 14204 HARTZOG & CRABILL, INC. 07-103 TRAFFIC ENGINEERING SER/ JAN 07 001-3104-4201 2,018. Total : 2,018.00 47356 3/22/2007 05345 HAWTHORNE, CITY OF 07212006 INTERFACE HANDHELDS TO RECORDS MGM1 151-2024 10,845.00 170-2103-4201 5,385.00 Total : 16,230.00 47357 3/22/2007 06518 HAYER CONSULTANTS, INC. 2771 Plan Check/ 3-2-07 001-4201-4201 Total : 3,568.29 3,568.29 Page: 4 vchlist Check Register Page: 03122/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47358 3/22/2007 00065 HERMOSA BEACH CAR WASH, ZIPI 3307 City Car Washes/ Feb 07 715-3302-4311 11.90 715-4202-4311 9.54 715-2101-4311 183.20 Total : 204.64 47359 3/22/2007 14288 ICLEI 20862 Membership Dues • 001-1101-4315 600.00 Total 600.00 47360 3/22/2007 12586 INTERNATIONAL CODE COUNCIL, 07-0269250 Member Dues 001-4201-4315 100.00 Total : 100.00 47361 3/22/2007 13741 JAS PACIFIC, INC BI 9201 Interim Sr. Bldg Inspector/ Dec 06 001-4201-4201 Total : 5,200.00 5,200.00 47362 3/22/2007 10820 JENKINS & HOGIN,LLP 14256 Legal, RE: General Services/ Feb 07 001-1131-4201 6,281.40 14257 Legal, RE: Land Use/ Feb 07 001-1131-4201 2,766.60 14258 Legal, RE: Tattoo Parlor/ Feb 07 001-1131-4201 12. 14259 Legal, RE: Stop Oil/ Feb 07 001-1131-4201 805.80 14260 Legal, RE: Union Cattle/ Feb 07 001-1131-4201 44.20 14261 Legal, RE: Cable TV/ Feb 07 001-1131-4201 787.50 Total : 10,697.94 47363 3/22/2007 13734 KOVAC-REEDY, KELLY 20831 Reimburse Expense/Neighbohood Watch 001-2101-4201 70.33 Total : 70.33 47364 3/22/2007 00151 L.A. CO SHERIFF'S DEPARTMENT 92826MV Arrestee Processing Fee - Dec 06 Page: 5 vchlist Check Register Page: 6 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47364 3/22/2007 00151 L.A. CO SHERIFF'S DEPARTMENT (Continued) 001-2101-4251 291.68 Total : 291.68 47365 3/22/2007 12964 L.A. CO. DEPT OF HEALTH Firm # 2917 Annual Backflow Monitoring Permits 001-6101-4251 108.00 Total : 108.00 47366 3/22/2007 13039 L.A. DODGERS 15835918 Dodgers Trip Tickets 0 001-1550 1,045.00 Total : 1,045.00 47367 3/22/2007 11065 LAOLAGI, ROSE 11626 Instructor Pymt/#11565, 67,620, 22, 24 001-4601-4221 2,604.00 Total : 2,604.00 47368 3/22/2007 11452 LEHNER/MARTIN,INC 987915 Helium Tank Refill/ Feb 07 001-4601-4308 19.20 Total : 19.20 47369 3/22/2007 14249 LEWIS MCCRARY PARTNERS 20685 •Regist/ S. Burrell & G Savelli - Seminar 001-2101-4312 Total : 47370 3/22/2007 02175 LIEBERT, CASSIDY WHITMORE 74237 Legal, RE: HE050 00032 RK/ Feb 07 001-1203-4201 74238 Legal, RE: HE050 00034 RK/ Feb 07 001-1203-4201 74239 Legal, RE: HE050 00036 RK/ Feb 07 001-1203-4201 74241 Legal, RE: HE050 00039 RGU/ Feb 07 001-1203-4201 74242 Legal, RE: HE050 00043 RK/ Feb 07 001-1203-4201 74243 Legal, RE: HE050 00044 MP/ Feb 07 001-1203-4201 570.00 570.00 393.6 63.05 2,718.30 70.50 6,848.10 104.00 Page: vchlist Check Register Page: 7 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47370 3/22/2007 02175 LIEBERT, CASSIDY WHITMORE (Continued) 74245 . Legal, RE: HE050 00046 RGU/ Feb 07 001-1203-4201 565.50 74246 Legal, RE: H0050 00047 RK/ Feb 07 001-1203-4201 1,214.93 74743 Legal, RE: HE050 00045 RK/ FEb 07 001-1203-4201. 1,640. Total : 13,618.12 47371 3/22/2007 09688 LIGHTHOUSE LODGE & SUITES 20691 Lodging/ S Burrell & G Savelli - Seminar 001-2101-4312 369.60 Total : 369.60 47372 3/22/2007 08445 LITTLE CO OF MARY HOSPITAL Q017978268 Blood Alcohol Draw/ Freels Grindle 001-2101-4201 47.00 Total : 47.00 47373 3/22/2007 11107 LONG BEACH, CITY OF 20846 Summer Blast Trip Deposit - Jun 07 001-4601-4201 100.00 001-1550 100.00 Total : 200.00 47374. 3/22/2007 13947 M3 SERVICES 32007 Retention Payment/ Fire Station Remodel 180-8610-4201 5,354 Total : 5,354. 47375 3/22/2007 10045 MAIN STREET TOURS 0609C Country Crafts Trip Deposit 001-4601-4201 200.00 0611c Pageant Masters Dinner Trip Deposit 001-1550 200.00 0612C Midway Magic Trip Deposit 001-1550 200.00 Total : . 600.00 47376 3/22/2007 14171 MASS PRESS 4107000 BUSINESS CARD MASTER SHEETS 001-1208-4305 1,042.49 Page: 7 vchlist Check Register Page: 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47376 3/22/2007 14171 MASS PRESS (Continued) Total : 1,042.49 47377 3/22/2007 06514 MAXIMUS, INC. 1030387-003 MANDATED COST CLAIMS/ 3RD QTR 001-1202-4201 975.00 Total : 975.00 47378 3/22/2007 01911 MEDICAL INSTITUTE 582950 First Aid/ A Davis 001-1203-4320 227.40, Total : 227.011. 47379 3/22/2007 14185 MEMORIES IN MOTION 21407 Centennial Celebration DVD Editing 001-1101-4319 100.00 Total : 100.00 47380 3/22/2007 10455 MUNI FINANCIAL 40602 ANNUAL INFO STMT/ MYRTLE AVE & LOMA DF 137-1219-4201 1,500.00 138-1219-4201 1,500.00 Total : 3,000.00 47381 3/22/2007 13846 MY ESCUELITA 20840 Instructor Pymt/ # 11527 001-4601-4221 470.40 Total : 470.40 47382 3/22/2007 14286 NATW 20832 Membership Dues/ Neighborhood Watch 001-2101-4201 50.00 Total : 50.0, 47383 3/22/2007 07762 NEOPOST 11871436 INK CARTRIDGE AND PRINTER LABLES 001-1208-4305 179.64 Total : 179.64 47384 3/22/2007 00220 NJP SPORTS, INC. 103802 BARRIER NETTING AND TENNIS NETS 001-6101-4309 913.94 Total : 913.94 47385 3/22/2007 13114 OFFICE DEPOT 377586486-001 Ink Cartridges/ Mar 07 001-1203-4305 50.67 Page: 8 vchlist Check Register Page: 9 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47385 3/22/2007 13114 OFFICE DEPOT (Continued) 377819802-001 47386 3/22/2007 03910 PORTERS ALIGNMENT & BRAKE SE 15880 47387 3/22/2007 10847 PRENTER, CAROLE 20863 47388 3/22/2007 10775 PRICE, HELEN 20828 47389 3/22/2007 11539 PROSUM TECHNOLOGY SERVICES 20343 47390 3/22/2007 13301 RESOURCE, COLLECTION, THE 0139933 -IN '47391 3/22/2007 11318 RUSTH HEATING & AIR 32107 47392 3/22/2007 03353 S.B.C.U. VISA 043704407202581915 043704600401607761 369705451660527913' Office Supplies/ Mar 07 001-4601-4305 Front End Alignment/ Crown Vic 715-2101-4311 2006 Assessment Tax Rebate 105-3105 2006 Assessment Tax Rebate 105-3105 IT SUPPORT/ FEB 07 715-1206-4201 JANITORIAL SERVICES - FEB 07 001-4204-4201 INSTALL WALL HEATER / COMM RES 301-8626-4201 Lodging/S Burrell - League Cities CM Mtg 001-1201-4317 Website Renewal - 3 years 715-1206-4201 001-1550 Employment Ad/ Rec. Cood 001-1203-4201 44.82 Total : 95.49 50.0 Total : 50.00 24.61 Total : 24.61 24.61 Total : 24.61 12,300.00 Total : 12,300.00 7,718.00 Total : 7,718. 1,000.00 Total : 1,000.00 419.52 74.97 149.94 75.00 Total : 719.43 Page: vchlist Check Register Page: 10 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47393 3/22/2007 03428 SAFETY-KLEEN CORPORATION 0033485412 REPLACE SOLVENT TANK SOLUTION 715-4206-4201 252.41 Total : 252.41 47394 3/22/2007 14248 SAVELLI, GREG 20689 47395 3/22/2007 12924 SHAH, RUSHABH 22807 47396 3/22/2007 09656 SHRED IT CALIFORNIA 333490919 47397 3/22/2007 00114 SMART & FINAL IRIS COMPANY 8158 47398 3/22/2007 14285 SMITH, RENEE 135314 47399 3/22/2007 14181 SO CAL RISK MANAGEMENT 3107 47400 3/22/2007 09737 SOLYMOSI, MARIE 117318 Per Diem/ Police Chief - CM Seminar 001-2101-4312 150.00 Total : 150.04 Website Maint/ Feb 07 715-1206-4201 Total : 2,325.00 2,325.00 Shredding Services/ Feb 07 001-2101-4201 105.00 Total : 105.00 Prisoner Supplies/ Jan 07 001-2101-4306 93.87 Total : 93.87 Rental Deposit Refund 001-2111 250.00 Total : 250.00 Workers Comp Claims Admin/ 4th Qtr 705-1217-4201 9,220. Total : 9,220.. Bee Removal/ Feb 07 001-3302-4201 85.00 Total : 85.00 47401 3/22/2007 00113 SOUTH BAY FIRE EXTINGUISHER 106232 Recharge Fire Extinguisher 001-4204-4201 23.00 Total : 23.00 47402 3/22/2007 00118 SOUTH BAY MUNICIPAL COURT 20804 Citation Surcharge/ Feb 07 001-3302 14,367.00 Page: 10 vchlist Check Register Page: 11 03/22/2007 5;01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47402 3/22/2007 00118 SOUTH BAY MUNICIPAL COURT (Continued) Total : 14,367.00 47403 3/22/2007 08812 SOUTH BAY REGIONAL PUBLIC CO 200607254 L3 COMMUNICATIONS/MOBILE VISION/ HB9 153-2106-5405 190.00 Total : 190.00 47404 3/22/2007 00159 SOUTHERN CALIFORNIA EDISON C 2-01-414-2152 Electrical Billing - Jan 07 001-6101-4303 802.3 2-02-274-0542 Electrical Billing - Feb 07 001-6101-4303 13.77 2-19-024-1604 Electrical Billing - Feb 07 001-6101-4303 304.11 2-26-686-5930 Electrical Billing - Feb 07 105-2601-4303 1,997.52 Total : 3,117.70 47405 3/22/2007 10412 STERICYCLE 0003936210 Medical Waste Disposal - Feb 07 001-2101-4201 103.51 Total : 103.51 47406 3/22/2007 11793 SUBWAY SANDWICHES & SALADS 2207 Deposit/ Lunch w Bunny Lunches 001-4601-4308 340.38 Total : 340.38 47407 3/22/2007 06409 SULLY -MILLER CONTRACTING CO. 171784 Asphalt/ Feb 07 001-3104-4309 219.6 , Total : 219.61 47408 3/22/2007 09078 TRUGREEN LAND CARE REGIONAL 5603626 LANDSCAPE MAINT/ FEB 0.7 001-6101-4201 14,335.64 105-2601-4201 952.75 5603627 LANDSCAPE MAINT/ FEB 07 105-2601-4201. 3,502.00 Total : 18,790.39 47409 3/22/2007 13865 UNDER PRESSURE, INC 2293 DOWNTOWN STEAM CLEANING/ FEB 07 109-3301-4201 109-3304-4201 2,145.00 225.00 Page: 11 vchlist Check Register Page: 12 03/2212007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47409 3/22/2007 13865 UNDER PRESSURE, INC (Continued) Total : 2,370.00 47410 .3/22/2007 01340 VERIZON ' CZ3000009728BR149, Re -program Phones/ Comm Ctr 125-8626-4201 310.00 Total : 310.00 47411 3/22/2007 00015 VERIZON CALIFORNIA 310 318-0200 880930 Phone Charges/ Feb 07 001-1121-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 001-1208-4304 001-2101-4304 001-2201-4304 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 001-1204-4304 001-3302-4304 715-1206-4304 310 372-6373 040311 Personnel Fax Line/ Mar 07 001-1203-4304 Total : 47412 3/22/2007 14284 WEST COVINA, CITY OF 20818 Regis/Durkin & Ramirez/Weather Class 001-2201-4317 Total : 47413 3/22/2007 09574 WING, AUDRIE F. 20858 2006 Assessment Tax Rebate 105-3105 Total : 47414 3/22/2007 13359 WITTMAN ENTERPRISES, LLC 2007000166 ABM Transport Billing/ Jan 07 001-1202-4201 10.� 5. 2.61 7.88 33.23 33.76 1.32 254.91 150.27 22.83 38.57 119.87 58.55 35.79 3.64 11.37 26.96 817.11, 60.00 60.00 24.61 24.61 2,420.97 Page: 12 vchlist Check Register Page: 13 03/22/2007 5:01:08PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47414 3/22/2007 13359 WITTMAN ENTERPRISES, LLC (Continued) Total : 2,420.97 47415 3/22/2007 00135 XEROX CORPORATION 023501997 Copier Maintenance / Feb 07 715-2101-4201 175.34 Total : 175.34 2344837 3/20/2007 00243 HERMOSA BEACH PAYROLL ACCO 03152007 Payro11/3-1 to 3-15-07 582. 10 88- 160-1103 , 705-1103 3,731.13 715-1103 4,969.95 001-1103 440,424.25 105-1103 4,375.04 109-1103 1,747.35 117-1103 1,503.56 145-1103 56.49 146-1103 2,864.02 150-1103 361.58, 156-1103 2,946.90 Total : 473,563.15. 2351598 3/22/2007 14008 SO CAL RISK MGMT ASSOC, INC 03222007 Workers Comp Claims -3/16/07 705-1217-4324 13,92357 Total : 13,923.57 89 Vouchers for bank code : boa Bank total 701,633.0 89 Vouchers in this report Total vouchers : 701,633.55 Page: 13 vchlist 03/29/2007 5:21:28PM Check Register CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice DescriptionlAccount Amount 47416 3/29/2007 06290 AIR SOURCE INDUSTRIES 460684 47417 3/29/2007 06827 ALL CITY MANAGEMENT 9559 47418 3/29/2007 06421 ALL STAR FIRE EQUIPMENT, INC. 114489 47419 3/29/2007 12114 ALL STATE POLICE EQUIPMENT CC 0054099 -IN 47420 3/29/2007 12470 AMERICA'S TROPHY COMPANY 3107 47421 3/29/2007 13609 ARROYO BACKGROUND INVESTIG 120 47422 3/29/2007 00321 AT&T 331 254-6071 301 5 333 267-6155 686 9 333 267-6160 767 0 333 267-6161 416 3 333 267-6164 193 5 Oxygen Refill/ Mar 07 001-2201-4309 Total : CROSSING GUARD SERVICE/ 2-18 TO 3-3-07 001-2102-4201 Barricade Tape 001-2201-5401 T2 LEVEL 111A BALLISTIC VESTS 001-2101-4350 150-2111-4350 Total : Total : Total : MEMORIAL BENCH PLAQUE - R GREENWALD 001-6101-5402 Background Investigations/ Mar 07 001-2101-4201 Circuit Billing/ Mar 07 001-2101-4304 Circuit Billing/ Mar 07 001-2101-4304 Circuit Billing/ Mar 07 001-2101-4304 Circuit Billing/ Mar 07 001-2101-4304 Circuit Billing/ Mar 07 001-2101-4304 Total : Total : 143.38 143.38 3,509.63 3,509. 88.83 88.83 4,186.57 4,186.57 8,373.14 185.65 185.65 400.00 400.00 • 57.46 187.72 59.25 59.25 50.51 Page: vchlist Check Register Page: 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47422 3/29/2007 00321 AT&T (Continued) 333 267-6165 717 0 Circuit Billing/ Mar 07 001-2101-4304 50.51 Total : 464.70 47423 3/29/2007 10276 BATTERY SYSTEMS 1-233070 BATTERIES FOR HBFD EXPLORER - C11 715-2201-4311 155.0 Total : 155.61 47424 3/29/2007 12952 BED BATH & BEYOND 20820 Replacement Bedding for Dorm Beds 001-2201-5401 254.50 Total : 254.50 47425 3/29/2007 14192 BELAIRE-WEST LANDSCAPING, INC 2 AVIATION ST TREE PROJECT/FROG PYMT # 2 301-8121-4201 37,975.50 302-8121-4201 93, 570.75 Total : 131,546.25 47426 3/29/2007 08482 BOUND TREE MEDICAL,LLC 50447323 Medical Supplies - Mar 07 001-2201-4309 50447368 Medical Supplies - Mar 07 001-2201-4309 50447961 Medical Supplies - Mar 07 001-2201-4309 47427 3/29/2007 06665 CALIF EXCURSIONS 7033 Transport/ Spring Break Camp Trip 145-3409-4201 47428 3/29/2007 09632 CDWG 47429 3/29/2007 12111 CHACO, JOHN DRX7178 DTF2587 RECORDABLE DVD DISKS 001-2101-4305 RECORDABLE DVD DISKS 001-2101-4305 20842 Instructor Pymt/ # 11821, 824 Total : Total : Total : 12.12 234.26 264. 510. 597.05 597.05 62.66 149.00 211.66 Page: vchiist Check Register Page: 3 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47429 3/29/2007 12111 CHACO, JOHN (Continued) 47430. 3/29/2007 06307 CHASE, MARGARET 20843 47431 3/29/2007 11009 CMTA 58771 001-4601-4221 588.00 Total : 588.00 Instructor Pymt/ ## 11796, 799 001-4601-4221 1,001.00 Total : 1,001.00 Dues/ Copeland, Workman, Ghassemi • 001-1141-4305 110.00 001-1202-4315 75.00 Total : 185.00 47432 3/29/2007 04715 COLEN AND LEE 3149 GENERAL LIABILITY CLAIMS ADMIN/ FEB 07 705-1209-4201 1,650.00 Total : 1,650.00 47433 3/29/2007 07809 CORPORATE EXPRESS 77389431 Office Supplies/ Mar 07 001-1208-4305 194.54 Total : 194.54 47434 3/29/2007 03674 CPS HUMAN RESOURCE SERVICE SOP20736 Sergeant Test Materials 001-1203-4201 546.25 SOP20773 Acct Clerk Test Materials 001-1203-4201 741.75 Total : 1,288.10 47435 3/29/2007 10689 DE CANIO, DARLENE 135418 Excursion Refund 001-2111 76.00 Total : 76.00 47436 3/29/2007 12319 DUTHIE POWER SERVICES 958277 MINOR GENERATOR SERVICE 001-4204-4321 279.69 958278 GENERATOR & TRANSFER SWITCH INSPECT 001-4204-4321 405.00 Total : 684.69 47437 3/29/2007 01397 EMPLOYMENT DEVELOPMENT DEF 93203396 Unemployment Claims/ 2nd Qtr 06/07 Page: 3 vchlist Check Register Page: 4 CITY OF HERMOSA BEACH 03/29/2007 5;21;28PM Bank code boa Voucher Date Vendor Invoice Description/Account Amount 47437 3/29/2007 01397 EMPLOYMENT DEVELOPMENT DEF (Continued) 932-03396 932-0339-6 47438 3/29/2007 05509 ESCALANTE, RICK 47439 3/29/2007 13494 FAST FORMS 47440 3/29/2007 14293 FOOTLIK, SCOTT 47441 3/29/2007 14300 FROST, SHULTZ 20839 1835 00226 20927 47442 3/29/2007 05125 GHASSEMI PETTY CASH, MARIA 20886 705-1215-4186 Unemployment Claims/ 1st Qtr 06/07 705-1215-4186 Unemployment Claims! 4th Qtr 05/06 705-1215-4186 Instructor Pymt/ # 11657, 661 001-4601-4221 Total Total : #10 WINDOW AND NON -WINDOW ENVELOPE; 001-1208-4305 Total : Mechanical Permit Refund/ # M07-00033 001-3206 Work Guarantee Refund/ # 7506 001-2110 Petty Cash Replenishment/ Mar 07 Total : Total : 8.00 21.00 23. 52.0W 476.00 476.00 508.01 508.01 44.80 44:80 1,600.00 1,600.00 • Page: 4 vchlist Check Register Page: 5 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47442 3/29/2007 05125 GHASSEMI PETTY CASH, MARIA (Continued) 001-1101-4305 3.96 001-1201-4317 25.00 001-2201-5401 41.12 001-3104-4309 93.74 001-4101-4305 21.34 001-4201-4305 28.1 001-4202-4305 10. 001-4202-4317 12.0 001-4601-4308 324.09 001-4601-4305 30.74 001-6101-4309 75.00 109-4603-4201. 23.73 001-1202-4317 127.68 Total : 816.96 47443 3/29/2007 14149 HARING, SUZANNE 20848 Lunch w Bunny Entertainment/Final Pymt 001-4601-4201 350.00 Total : 350.00 47444 3/29/2007 11122 HDL SOFTWARE LLC 0006842-1N SENTINEL USER LICENSES 715-1206-4201 20.00 Total : 20.00 47445 3/29/2007 13916 HUNTER, DONNA 20826 Expense Reimb/ Lunch w Bunny Supplies 001-4601-4308 106.4111 Total : 106. 47446 3/29/2007 10256 ICMA 10906772 PERFORMANCE MEASUREMENT GUIDE 001-1202-4305 103.60 Total : 103.60 47447 3/29/2007 13741 JAS PACIFIC, INC BI9266 Interim Sr. Bldg inspector/ Feb 07 001-4201-4201 9,165.00 BI9277 Interim Sr. Bldg Inspector/ Jan 07 001-4201-4201 5,850.00 Total : 15,015.00 Page: 5 vchlist Check Register Page: 6 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47448 3/29/2007 01165 JOBS AVAILABLE 706053 Employment Ad/ Recreation Coordinator 001-1203-4201 153.00 Total : 153.00 47449 3/29/2007 13840 JOHN M CRUIKSHANK 6887 DESIGN & ENGINEER SERVICE/ FEB 07 150-8119-4201 301-8119-4201 47450 3/29/2007 00444 JOHNSON, TEREA 20916 47451 3/29/2007 09696 L.A. AREA FIRE CHIEFS ASSOC 20891 47452 3/29/2007 07174 MANION, EMMITT L. 20882 47453 3/29/2007 14171 MASS PRESS 4107158 47454 3/29/2007 14280 MATRIX CONSULTING GROUP 1 47455 3/29/2007 10681 MAYNOR, DONALD H. DHM3597 Total : 899.Plik 116.1811 1,015.84 Per Diem/Communication Skills Class 001-2101-4313 144.00 Total : 144.00 Annual Membership Dues 001-2201-4315 200.00 Total : 200.00 2006 Assessment Tax Rebate - 105-3105 24.61 Total : 24.61 Business Cards 001-1208-4305 219.35 Total : 219.11 STAFF & DEPLOYMENT STUDY/PROG PYMT # 001-2201-4201 5,425.00 Total : 5,425.00 LEGAL SERVICES - UUT AUDIT/ 3RD QTR 001-1202-4201 1,250.00 Total : 1,250.00 47456 3/29/2007 10324 MBIA MUNI SERVICES COMPANY INV -13505 UUT AUDIT SERVICES/ 3RD QTR 001-1202-4201 1,600.25 Total : 1,600.25 47457 3/29/2007 12948 MICO-"THE MICROFILM COMPANY" 10430 Mircofiche Duplication/ Mar 07 Page: 6 vchlist 03129/2007 .5:21:28P M Check Register CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47457 3/29/2007 12948 MICO-"THE MICROFILM COMPANY" (Continued) 47458 3/29/2007 13570 MILLER SANCHEZ, SARAH 20845 47459 3/29/2007 14298 MULLIGAN'S FAMILY FUN CENTER T5095 47460 3/29/2007 13114 OFFICE DEPOT 47461 3/29/2007 10139 PARKING CONCEPTS INC. 47462 3/29/2007 14084 PASADENA FORD, INC 47463 3/29/2007 13581 PRICE, JIM 001-4201-4201 Instructor Pymt/ # 11933, 935 001-4601-4221 Spring Break Camp Trip 001-4601-4201 378825555-001 Office Supplies/ Mar 07 001-4601-4305 2840906 2841006 2850906 2851006 X138028 X138029 .X138030 OPERATING EXP - 109-3304-4231 OPERATING EXP - 109-3304-4231 OPERATING EXP - 109-3305-4231 OPERATING EXP - 109-3305-4231 1,325.75 Total : 1,325.75 Total : Total : Total : 99.78 571.20 571.20 • 286.18 286.18 99.78 PKG STRUCTURE / SEP 06 PKG STRUCTURE / OCT 07 LOT A / SEP 06 LOT A / OCT 06 CROWN VICTORIA BLACK AND WHITE 715-2101-5403 CROWN VICTORIA BLACK AND WHITE 715-2101-5403 CROWN VICTORIA BLACK AND WHITE 715-2101-5403 1082 Lunch W Bunny Train 001-4601-4201 Total : Total : 15,248.49 18,986.68 8,782.67 10,712.73 53,730.57 23,082.40 23,082.40 23,082.40 69,247.20 400.00 Page: 7 vchlist 03/29/2007 5:21:28PM Check Register CITY OF HERMOSA BEACH Page: 8 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47463 3/29/2007 13581 47464 3/29/2007 13051 PRICE, JIM ROBERTS, SCOTT (Continued) 20844 47465 3/29/2007 03726 RUSHER AIR CONDITIONING 1175700 47466 3/29/2007 03353 S.B.C.U. VISA 043706100408011498' 31207 443704540600440001( 550705452540098146' 705706131061338198( 899704770097587998 47467 3/29/2007 00839 SAXE-CLIFFORD PH D, SUSAN 6-0306-3 47468 3/29/2007 13786 SB WIRELESS 47469 3/29/2007 13061 SIMPLEX GRINNELL Instructor Pymt/ # 11860 001-4601-4221 INSPECTION/ AC IN SERVER ROOM 001-4204-4201 Lodging/Police Chief Assoc Conf/Savelli 001-2101-4317 Finance Charge 001-2101-4201 SGT Test Panel Lunch 001-2101-4317 Lodging/ D Powers - Fire & EMS Conf 001-2201-4317 Lodging/ J Crawford -Firehouse Conf 001-2201-4317 Registration/D Powers - Fire & EMS Conf 001-2201-4317 Pre-employment Evaluation/ Mar 07 001-1203-4320 1023 Diagnose and Repair Wireless System 715-1206-4201 71407651 Fire Alarm Sys Monitoring Fee/ Comm Ctr 001-4204-4321 Total : Total : Total : Total : Total : Total : Total : 47470 3/29/2007 09955 SOUTH BAY PIPELINE 21507 EMERGENCY SEWER REPAIR/1035 VALLEY DI 400.00 373.80 373.80 384 384.24 619.44 5.70 90.09 322.26 980.56 275.00 2,293.05 • 375.00 375.00 680.73 680.73 540.00 540.00 Page: 8 vchlist Check Register Page: 9 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice DescriptiontAccount Amount 47470 3/29/2007 09955 SOUTH BAY PIPELINE (Continued) 160-3102-4201 10,088.37 Total : 10,088.37 47471 3/29/2007 08812 SOUTH BAY REGIONAL PUBLIC CO 200607175 Remove Radios from old BMWs 001-2101-4307 237.50 200607258 Metal Cabinets for R11 and Al 2 150-2204-5401 6499 Total : 887. 47472 3/29/2007 09691 SOUTHERN CALIFORNIA FLAGPOL 26607 FLAGS FOR VETERAN'S MEMORIAL 001-2120 682.75 Total : 682.75 47473 3/29/2007 11793 SUBWAY SANDWICHES & SALADS 2208 Lunch w Bunny Lunches/ Final Pymt 001-4601-4201 340.37 Total 340.37 47474 3/29/2007 11209 UC REGENTS 07030228 CONTINUING EDUCATION/FEB & MAR 07 001-2201-4201 3,828.84 Total : 3,828.84 47475 3/29/2007 08207 UNDERGROUND SERVICE ALERT 220070294 Underground Service Alert/ Mar 07 160-3102-4201 57.60 Total : 57.60 47476 3/29/2007 08097 UNION BANK OF CALIFORNIA 364862 Safekeeping Fees/ Feb 07 001-1141-4201 291.6 Total : 291.67 47477 3/29/2007 04768 UPTIME COMPUTER SERVICE 20296 Printer Maintenance/ Mar 07 715-1206-4201 908.07 Total : 908.07 47478 3/29/2007 12074 VERISIGN 1130429975 2YR SECURE SITE/ COMM CTR CREDIT CARD 001-4601-4201 645.00 Total : 645.00 Page: 9 vchlist Check Register Page: 10 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 47479 3/29/2007 00015 VERIZON CALIFORNIA 310 167-1756 990511 Circuit Billing/ Mar 07 001-2101-4304 295.06 310 197-3683 Phone Charges/ Mar 07 715-1206-4304 213.54 001-3302-4304 20.80 001-2101-4304 1,301 001-4204-4321 83. 001-2201-4304 243.86 001-4601-4304 149.86 001-4202-4304 121.73 001-4201-4304 94.11 109-3304-4304 42.63 001-1204-4304 31.26 310 PLO -0346 030623 Circuit Billing/ Mar 07 001-2101-4304 42.36 Total : 2,639.26 47480 3/29/2007 09056 VERIZON ONLINE 15044121 Fiber Optic Line 715-1206-4201 149.95 Total : 149.95 47481 3/29/2007 12899 WESTERN STATES INFORMATION 146 E -Newsletter Services/ Mar 07 001-1101-4319 750.00 Total : 750 47482 3/29/2007 14290 WHITMONT LEGAL 20880 Witness Fee Refund/ Frilot & Gaines 001-3818 300.00 Total : 300.00 47483 3/29/2007 10703 WILLDAN 061-22509 Labor Standards Compliance/ Feb 07 140-8644-4201 280.00 Total : 280.00 47484 3/29/2007 01206 ZUMAR INDUSTRIES 0094216 Street Sign Maint Material/ Mar 07 001-3104-4309 878.99 0094218 Street Sign Maint Material/ Mar 07 001-3104-4309 690.64 Page: 10 whilst Check Register Page: 11 03/29/2007 5:21:28PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor invoice 47484 3/2912007 01206 ZUMAR INDUSTRIES (Continued) Description/Account Amount 0094219 Street Sign Maint Material! Mar 07 001-3104-4309 125.75 0094220 Street Sign Maint Material/ Mar 07 001-3104-4309 295.11 Total : 1,990.49 116536 3/28/2007 14299 BEAR STEARNS SECURITIES CORF 03282007 Beach Drive Bond Payment 611-2252 9,113. Total : 9,113.45 2370693 3/29/2007 14008 SO CAL RISK MGMT ASSOC, INC 03292007 Workers Comp Claims -3119-23107 705-1217-4324 23,389.28 Total : 23,389.28 71 Vouchers for bank code : boa Bank total : 367,882.99 71 Vouchers in this report Total vouchers : 367,882.99 "I hereby certify that the demands or claimp covered by the checks listed on pages / to .27 inclusive, of the check register for a4A> — 3/?8' /Oae accurate funds are available for payment, and are in conformance to the budget." By Date Finance Director Page: 11 Honorable Mayor and April 2, 2007 For the Meeting of Members of the City Council April 10, 2007 CANCELLATION OF CHECKS Please ratify the following request for cancellation of the check listed below: #47335 03/22/07 — Bed Bath & Beyond— $318.15. Unable to use the check. The check was not mailed. #47401 — 03/22/07 — So. Bay Fire Extinguisher— $23.00. Check not needed The check was not mailed. 1/1 Concur: �r Step:n '..urrell, City anager tuatkAmoa„___ 03if tWo-ret) John M. Workman, City Treasurer Noted for fiscal impact: Viki Copeland, Finance Director April 5, 2007 Honorable Mayor and Members of the Hermosa Beach City Council • /1-(', // 0/0 Regular Meeting of April 10, 2007 TENTATIVE FUTURE AGENDA ITEMS Administrative Penalty Ordinance Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 1, 2007. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of May 15, 2007. Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of April 18, 2007. Public Works Director Activity Reports — April 2007 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 1, 2007. Community Resources Director CIP Status Report Public Works Director Recommendation to receive and file the action minutes of the Planning Commission meeting of April 17, 2007. Community Development Director Recommendation to receive and .file the action minutes of the Public Works Commission meeting of March 21, 2007. Public Works Director Activity Reports — March 2007 Administrative Penalty Ordinance Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 1, 2007. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of May 15, 2007. Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of April 18, 2007. Public Works Director Activity Reports — April 2007 A Wednesday, March 28, 2007 Honorable Mayor and Members of Regular meeting of The Hermosa Beach City Council April 10th, 2007 PURCHASE OF NEW DIGITAL RECORDERS FOR THE POLICE DEPARTMENT. RECOMMENDATION Staff recommends that Council: 1. Appropriate the funds for, and authorize the purchase of, ten (10) Sony digital recorders with augmented memory for the traffic and patrol officers at a total cost of $3,953. Background The Police Department is currently using Sony digital recorders similar to those listed above to record contacts with suspects and victims. The practice of recording contacts continues to be a very successful program. The ten recorders listed above will be issued to new officers and used to replace damaged recorders. This purchase is being made from CDW-G which is a government provider (CMAS). FISCAL IMPACT We are requesting the funds required for the purchase of these recorders be appropriated in the Asset Seizure Fund for the 2006/2007 fiscal year. Ten (10) Sony digital recorders at a cost of $3,370 with Twenty (10) 128 MB Memory Sticks at a cost of $270 plus tax and shipping of $313 equals a total cost of $3953. This price includes a government purchase discount. Res.i G -f . '.avelii Chief of Police Hermosa Beach Police Department submitted, Concur, '44 11 ep en Bur ell City Manager Fiscpact, Viki Copeland Finance director. /O/D 7 2d 6 The Right Technology. Right Away' www.CDWS.com -B(i8-4239 VALERIE MOHLER 1315 VALLEY DR L L CITY OF HERMOSA BEACH T HERMOSA BEACH, CA 90254-3846 0 Customer Phone* 3103180253 ACCOUNT MANAGER JEFF BUTCHKO 877-853-0557 QTY ITEM NUMBER 10 10 803497 644534 S H T 0 • Page SALES QUOTATION QUOTE NO. FVN1287 ACCOUNT NO. DATE 5598186 3/27/2007 CITY OF HERMOSA BEACH 1315 VALLEY DR TOM HERMOSA BEACH, CA 90254-3846 Contact: TOM ECKERT Customer P.O.* SONY SHIPPING METHOD UPS Ground (1 - 2 DESCRIPTION TERMS Request Terms SONY PROFESSIONAL DIG RECORDER W/SW Mfg#: SOU-ICDBM1VTP2 Contract: MARRET SONY 128MB MEMORY STICK MEDIA Mfg#: SOD -MBH -128 Contract: MARKET SPECIAL INSTRUCTIONS Please include this quote# on your PO and fax it to 847 -371 -2100 -thanks Recommended items for SONY PROFESSIONAL DIG RECORDERWSW 1011309 SVN 2YR EXT REPLACEMENT $20 SVN-054453 69.82 1011304 SVN 1YR EXT REPLACEMENT $20 SVN-054450 29.92 SUBTOTAL FREIGHT SALES TAX QUOTE EXEMPTION CERTIFICATE UNIT PRICE EXTENDED PRICE 337.00 27.00 3370.00 270.00 3640.00 12.99 300.31 BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account. Manager's Direct Fax: 847-371-2100 TOTAL US Currency 3,953.30 Please remit payment to.- CDWGovernment, Inc. 75 Remittance Give Suite 1515 Chicago,IL 50875-151.5 • z/// April 4, 2007 Regular Meeting of April 10, 2007 Mayor and Members of the City Council REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS Recommendation: To receive and file the report. Complaint/Survey Summary This summary report includes two surveys and one letter that were received in the City Clerk's office from October 1, 2006 through March 31, 2007. No complaints were received during the specified time period. The departments in this summary have been abbreviated (FC = Finance Cashier, PW = Public Works). The following summarizes the 3 surveys and 1 letter received: Dept(s) Date Rec'd Service Additional comments FC , 01-29-07 Poor Concerned about rude behavior of staff PW 02-01-07 Excellent Commended helpful staff for wonderful service FC 03-08-07 Excellent Commended staff as always courteous and helpful Noted: Steph • : 11, City Manager Elaine Doerfling, City Clerk Honorable Mayor and Members of The Hermosa Beach City Council PROJECT NO. CIP 03-418 SEWER IMPROVEMENTS - UPGRADE OF SEWAGE LIFT STATIONS, ACCEPTANCE April 3, 2007 / Regular Meeting of April 10, 2007 07 Recommendation: It is recommended that the City Council: 1. Accept the work by Fleming Environmental, Inc. for Project No. CIP 03-418 Sewer Improvements - Upgrade of Sewage Lift stations; 2. Authorize the Mayor to sign the Notice of Completion; and 3. Authorize Staff to release payment to Fleming Environmental, Inc. (10% retained; 35 days following filing of Notice of Completion). Background: On May 23, 2006, City Council approved the award of the construction contract for Project No. CIP 03-418 Sewer Improvements — Upgrade of Sewage Lift stations to Fleming Environmental, Inc. Upgrade of the Sewage Lift Station at 35th Street and The Strand consisted of refurbishing the existing wet well and replacing the existing pumping system with an engineered pre-packaged sewage lift station. The project also included abandonment of the sewage lift station at 33`d Place and Ingleside Avenue and construction of a permanent gravity flow connection to the Manhattan Beach sewer system in lieu of rehabilitating this pump station. Analysis: The project was constructed according to the plans, specifications and change orders prepared by Staff. Punch list items have all been completed. Therefore, Staff recommends acceptance of the work as complete. Fiscal Impact: The construction contract was completed within authorized budget. Attachment: Notice of Completion Respectfully submitted, Frank Senteno, P.E. Associate Engineer Noted for Fiscal Impact: Viki Copelan Finance Director Concur: Richard D. . rgan, P. . Director + ublic Works/City Engineer Concur: Stephe City Ma ger 2f orUN,a�U/vivivv/v/v /v.'K'•t/M/� O UU/vNNUUUN:%.i/Y/UUUUU/iV/U/v/vly/ bU//4Ire. City of Hermosa Beach Office of the City Clerk 1315 Valley Drive Hermosa Beach, CA 90254 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO .q� Nrianwcian�/ �vNiiN.av�yrsiwi�.r� Nii�vN�vsrvi iviwvvnovi� SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3693, must be filed within 10 days after completion (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the ownerof the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Hermosa Beach 3. The full address of the owner is 1315 Valley Drive Hermosa Beach, CA 90254 4. The nature of the interest or estate of the owner is; In fee. N/A (If other than fee, strike 'In fee' and insert, for example 'purchaser under contract of purchase,' or 'lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES City of Hermosa Beach A Municipal Corporation 1315 Valley Drive, Hermosa Beach, CA 90254 6. A work of improvement on the property hereinafter described, was completed on ' October 30, 2006 The work done was: Upgrade of the Sewage Lift Station at 35th Street and The Strand which included refurbishing the existing wet well and replacing the existing pumping system with an engineered pre-packaged sewage lift station. The project also included abandonment of the Sewage Lift Station at 33rd Place and Ingleside Avenue and construction of a permanent gravity flow sewer system in lieu of rehabilitating this pump station. 7. The name of the contractor, if any, for such work of improvement was Fleming Environmental, Inc. 6130 Valley View St Buena Park, CA 90620-1030 May 23, 2006 (If no contractor for work of improvement as a whole, insert 'none'.) 8. The property on which said work of improvement was completed is in the city of (Date of Contract) Hermosa Beach County of Los Angeles, State of California, and is described as follows: CIP 03-418 Sewer Improvements — Upgrade of Sewer lift Stations 9. The street address of said property is Location 1: 351k Street and The Strand, Location 2: 33rd Place and Ingleside Avenue (If no street address has been officially assigned, insert 'none') Dated: April 10, 2007 Verification for Individual Owner Mayor VERIFICATION I, the undersigned, say: I am the Mayor of the City of Hermosa Beach the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 10 2007, at Hermosa Beach, California (Date of signature.) Mayor of Hermosa Beach 27/4/6-7 April 3, 2007 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council April 10, 2007 RECOMMENDATION TO DENY CLAIM Recommendation: It is recommended that City Council deny the following claim and refer it to the City's Liability Claims Administrator: 1. Claimant: Pompano, Mark Date of Loss: 03-13-07 Date Filed: 03-29-07 Allegation: Violation of Civil Rights A copy of this claim is on file in the City Clerk's office. Respectfully Submitted, MichaI A. Earl, Direct • r Personnel & Risk Management Concur: S ephen R. B rrell City Manager 2g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark J. Pompano 2904 Laurel Avenue Manhattan Beach, CA 90266 Claimant in pro per In re • Mark J. Pompano CLAIM FOR DAMAGES: Claimant, vs. CITY OF HERMOSA BEACH, HERMOSA BEACH POLICE DEPT, SERGEANT RAUL J. SALDANA California Government Code Section 910 Claimant hereby makes a claim against the CITY OF HERMOSA BEACH, CALIFORNIA, pursuant to Government Code Section 910, et. Seq. • A) Claimant Name and Address: Mark J. Pompano, 2904 Laurel Avenue, Manhattan Beach, California 90266. B) Notices concerning this claim may be sent to: Mark J. Pompano, 2904 Laurel Avenue, Manhattan Beach, California 90266. C) Date and Situs: On April 3, 2006, Sergeant Raul Saldana, while acting in his official capacity as a supervisor employed with the Hermosa Beach Police Department ("HBPD") contacted the Claimant's employer (City of Los Angeles) and initiated an employment complaint against the Clamant. In his complaint, Sergeant Saldana alleged that on or about March 30, 2006, Claimant inappropriately attended the criminal trial of People vMorgan held at Inglewood Superior Court, Division 4, Inglewood, California. Sergeant Saldana also alleged that the Claimant "eye -fucked" him and that the Judge reprimanded the Claimant for his presence in her courtroom. As a result of Sergeant Saldana's allegations, the Claimant's employer conducted an employment complaint investigation of Claimant. As part of the investigation, Sergeant Saldana provided the Claimant's employer with a tape-recorded statement of his allegations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On or about March 13, 2007, Claimant's employer completed its investigation of Sergeant Saldana's allegations against Claimant. The investigation determined that the trial was open to the public, and a nexus between Claimant's observation of the trial and Claimant's employment never existed due to the facts that; 1) Claimant was engaged in lawful conduct on his own time, 2) Claimant never represented himself as an employee of the City of Los Angeles, 3) Claimant never made any -type of gesture with his eye(s) to Sergeant Saldana, 4) An inquiry with the trial Judge and/or the trial transcripts revealed that the Judge never reprimanded, admonished or chastised Claimant, and, 5) The Judge never gave any indication that the Claimant's presence in her courtroom was unappreciated, inappropriate, unlawful or unacceptable. As such, Claimant's employer completely exonerated Claimant of any misconduct or inappropriate behavior. During his tape-recorded interview with the Claimant's employer's investigators, Sergeant Saldana acknowledged that he was aware the Claimant had pending litigation against some other HBPD members as the result of an incident in 2003. Sergeant Saldana also acknowledged that he was aware the Federal Bureau of Investigation (FBI) was conducting a preliminary investigation of the Hermosa Beach Police Department (HBPD) in response to the Claimant's concerns that his civil rights were violated during the 2003 incident. Claimant is aware that Sergeant Saldana has a pattern, practice, and/or custom of retaliating against people that have questioned, criticized, and/or complained about his behavior and actions while under color of authority. Claimant is also aware that Sergeant Saldana has allegedly made more than one less -than -truthful statements to his employer, the Court, and/or the news media. Claimant asserts that Sergeant Raul Saldana knowingly made the frivolous aforementioned complaint for purposes of, and/or as an instrument; 1) to intimidate and threaten Claimant from cooperating with the FBI, 2) to intimidate, threaten, and dissuade Claimant into forgoing his civil litigation agRinst the City of Hermosa Beach, 3) to adversely impact Claimant's health and well being, and, 4) to hinder and/or interfere with Claimant's ability to provide for his family by adversely impacting Claimant's employment. This claim is made for deprivations of Federal Statutes and Civil Rights, California Civil Rights, invasion of privacy, conspiracy to obstruct justice, conspiracy to deprive civil rights, violations of California Penal Code Sections 132 (Offering False Evidence) 136 (Intimidating Witnesses), 136.1 (Preventing and Dissuading Witnesses), and Government Code Section 1031 (Duty to investigate hires), negligent employment of police officers, negligent retention and supervision of peace officers, intentional and negligent infliction of emotional distress; official customs, policies, procedures and practices of the City of Hermosa Beach, Hermosa Beach Police Department pattern,practice and custom to ignore complaints of police misconduct, failure to impartially investigate such claims in accordance with acceptable law enforcement standards, tacit condemnation of and approval of police officer illegality, brutality, corruption, dishonest, a peace officers' code of silence, failure to report known or suspected incidents of police officer misconduct to the California Department of Justice, and failure to maintain necessary and reasonable peace officer personnel records correlating misconduct to personnel performance reviews. D) Personal injuries, defense costs, attorneys' fees and general damages to Claimant in excess of $10,000.00. E) Other than those identified above, the identities of each officer responsible are not presently known. F) Claimant agrees to "Hold Harmless" both the City of Hermosa Beach and the Hermosa Beach Police Department should the investigation by your City's Risk Manager determine that Mr. Raul Saldana was acting on his own accord and not at the direction, advise or suggestion of the City of Hermosa Beach, the Hermosa Beach Police Department and/or any entity or individual contracted by the City of Hermosa Beach, California. Dated: March 27, 2007 Mark J. ' ompano ,.claimant) Honorable Mayor and Members of the Hermosa Beach City Council !0 • April 4, 2007 ��j/U) Regular Meeting of April 10, 2007 SUBJECT: CONTRACT AMENDMENT FOR ON-GOING STAI+J SERVICES FOR INTERIM SENIOR INSPECTOR Recommendation: That the City Council approve the amendment to the contract for JAS for on-going staff services. Background & Analysis: The Senior Building Inspector position is currently filled on an interim basis by JAS, a contract building inspection services firm. The City has been recruiting to permanently fill the Senior Inspector position, however, no qualified candidates have been found to date and the recruitment is on-going. A one year term is specified in the current contract, which expires on May 22, 2007. Therefore it is necessary to extend the current contract with JAS in order to continue to provide these building services for the community. The term of the contract is open ended with provision for termination upon ten day written notice, and will show a contract commencement date of May 10, 2007. Sol Blumen Community Concur: ld'rector evelopment Approved for Fiscal Impact: Step City anager Attachments: 1. JAS Contract JAS Contract Viki Copeland, Director Finance Department 2h 7 AGREEMENT TO PROVIDE BUILDING CONSULTING SERVICES TO THE CITY OF HERMOSA BEACH This agreement, (the "Agreement") is entered into on May 10, 2007 by and between the City of Hermosa Beach, a municipal corporation, located at Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885, hereinafter referred to as "CITY", and JAS Pacific, Inc.4295 Jurupa Street, Suite 203, Ontario, California, 91761 hereinafter referred to as "CONSULTANT": WHEREAS, CONSULTANT is a California corporation which provides building and planning consulting services to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, CONSULTANT is qualified to provide such services; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of consulting services provided by CONSULTANT; and WHEREAS, CITY, requires CONSULTANT services to comply with state and federal building regulations; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 IMPLEMENTATION 1.1 Term of Agreement. This Agreement and the rights and obligations of CITY and CONSULTANT shall commence on the date first written hereinabove, and shall continue as needed. This Agreement may be terminated with or without cause by either party with ten (10) days advance written notice specifying the effective date of termination. In the event of such teiinination, CONSULTANT shall be compensated for such services up to the point of termination. 1.2 Scope of Services. CONSULTANT shall provide CITY with consulting services consistent with the duties required as specified in Exhibit A attached hereto and incorporated herein by reference which shall include: a. Provide public information regarding the Building Code and Zoning Code. b. Supervise building inspection staff in the office and in the field. c. Conduct limited plan reviews, prepare reports, provide plan check, zone check and plan coordination and maintain plan check status in electronic files and project case files. 1.3 Other Duties of Consultant. CONSULTANT shall: (1) pay all fees and other remuneration to the individuals whom it provides to perform the services pursuant to this Agreement; (2) prepare and file all applicable tax documents and reports; (3) pay all amounts due and owing pursuant to the applicable tax documents and reports. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person engaged by CONSULTANT performing services hereunder for CITY. 1.4 Workers' Compensation. CONSULTANT agrees to maintain orkers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law covering the individuals providing services pursuant to this Agreement. 1.5 Other Insurance. CONSULTANT agrees to and shall at its own cost and expense procure and maintain during the term of this Agreement general liability insurance in an amount of not less than $1 million per occurrence and annual aggregate. Such insurance shall be procured from an insurer authorized to do business in California, and approved in writing by CITY. CITY and its officers and employees shall be named as additional insureds. In addition, CONSULTANT shall obtain professional liability insurance in the amount of $500,000 per occurrence and $1 million annual aggregate. CONSULTANT shall provide CITY with satisfactory evidence that premiums have been paid and shall deliver to CITY satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefore have been paid. The policies shall provide that they are not subject to cancellation without thirty (30) days written notice to CITY. 1.6 Driver's License. Proof of valid California Driver's License with safe driving record shall be provided by CONSULTANT. ARTICLE 2 COMPENSATION 2.1 Fee. CITY shall pay CONSULTANT for the consultant services rendered pursuant to this Agreement in accordance with the rates and amounts set forth in Exhibit A, except that compensation shall not exceed $20,000 during the term of the Agreement. 2.2 Invoices. CONSULTANT shall submit to CITY a monthly invoice for services rendered. If CONSULTANT'S bill is properly prepared, CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT'S bill not later than thirty (30) days from invoice date. 2.3 Payment Address. All payments due shall be paid to: JAS Pacific Inc., Municipal Consulting and Engineering Services 4295 Jurupa Street, Suite 203 Ontario, CA 91761 ARTICLE 3 SUPERVISION OF CONSULTANTS CITY shall review the work by CONSULTANT to perform work described in Exhibit A. The individuals provided by CONSULTANT to perform such services shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures'adopted by CITY. CONSULTANT shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. CONSULTANT, and the individuals it provides to perform building consultant services, shall have the status of independent contractors to CITY and shall have no power to incur any debt or obligation for or on behalf of CITY. Neither CITY nor any of its officers or employees shall have any control over the conduct of CONSULTANT, or any of the individuals provided by CONSULTANT to perform building consultant services, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in aany manner employees of CITY, it being distinctly understood that CONSULTANT is and shall at all 3 times remain to CITY a who independent contractor and CONSULT'S obligations to. CITY are solely as such as are prescribed by this Agreement. ARTICLE 4 INDEMNIFICATION CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent of wrongful acts, errors or omissions of CONSULTANT and its employees, subconsultants and agents in the performance of professional services under this Agreement. CONSULTANT shall promptly pay the amount of any judgment rendered against the CITY, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CITY in the defense of such claims. CITY shall indemnify and hold harmless CONSULTANT, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent or wrongful acts, errors or omissions of CITY and its employees, officers, and agents in the performance of its governmental responsibilities. CITY shall promptly pay the amount of any judgment rendered against CONSULTANT, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CONSULTANT in the defense of such claims. ARTICLE 5 GENERAL PROVISIONS 5.1 Representation. A CITY representative shall be designated by the CITY and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: Representative for CONSULTANT —1- Addison Smith Representative for CITY -- Sol Blumenfeld 5.2 Legal Action.. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 5.3 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 5.4 Titles. The titles used in this Agreement are for general reference only and are not part of this Agreement. 5.5 Conflict of Interest. CONSULTANT shall provide no services requiring review by the City on behalf of any private client within the corporate boundaries of CITY during the period that this agreement is in effect. 5.6 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. 5.7 Benefits. CONSULTANT will not be eligible for any paid benefits for federal, social security, state workers' compensation, unemployment insurance, professional insurance, medical/dental, or fringe benefits offered by CITY. 5.8 Audit or Examination. CONSULTANT shall keep all records of funds received from CITY and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters are closed in accordance with 24 CFR Part 84, Sec. 84.53. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. JAS MUNICIPAL CONSULTING AND ENGINEERING SERVICES By: Date: Title: THE CITY OF HERMOSA BEACH By: Date: Title: IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their authorized representatives effective as of the date first set forth above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney B:/95/cd/bldgconsulting contracts/JASContractAmend3 iew V//6/ IER PIER AVENUE COMMIE WEDNESDAY, MARCH 7, 2007 ROOM 4, COMMUNITY CENTER 710 PIER AVENUE 7:00 P.M. ACTION MINUTES The meeting was called to order by Councilmember Bobko at 7:05 p.m. 1. Roll Call Present: Committee Members: Bobko, Brittain, Gross, Hoffman, Klade, MacMillan, Marinelli, Nota, Peha, Tucker Absent: Pizer Also Present: City Manager Steve Burrell, Public Works Director Richard Morgan, Community Development Director Sol Blumenfeld, Rhea Punneo, Administrative Assistant, Public Works Department 2. Flag Salute Mr. Bobko. led the flag salute. 3. Meeting Minutes Approved as amended (date was corrected). 4. Public Comments None 5. Committee Determinations a. Mr. Bobko was elected Chairman b. The July meeting will be held on Wednesday, July 11, 2007 and the December meeting will be held on Wednesday, December 12, 2007. c. Saturday, March 24, 2007, at 10:00 a.m., in City Hall Council Chambers selected as the date, time and location for the Town Hall Meeting to gather information from property owners and business owners. It was also determined that: 1) Flyers developed by the Community Development Department would be sent to the property owners and businesses on Pier Ave., would be available at department counters in City Hall, and would be posted on cones along Pier Avenue. 2) A special edition of the E -Newsletter would be sent out announcing the Town Hall Meeting. 3) Display ads and announcements in editorial sections would be in the newspapers. 4) The Town Hall Meeting would be an open forum type meeting. 5) If no one could be located to be moderator, Mr. Bobko would act as moderator for the meeting. 6) Ms. Brittain volunteered to contact residents in Marineland and Mr. Klade volunteered to contact businesses on Pier Ave. In addition, Mr. Burrell said he would contact the Chamber of Commerce. 2i • • 7) Council Chambers would be set up by staff without tables; the meeting would be televised; coffee and edibles would be provided. 8) A brief history of the area from RUDAT through today, boundaries and zoning of the area and "WHAT CHANGES, IF ANY, TO UPPER PIER AVENUE WOULD YOU LIKE SO SEE IN 5 YEARS?" would be the items on the agenda. 9) The Town Hall Meeting would provide general ideas to act as guideposts for the committee 6. Adjournment Meeting adjourned at 8:40 PM. PW Commission 2 1/17/07 • Y ---/o PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, MARCH 21, 2007 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. ACTION MINUTES 1. Roll Call Present: Commissioners Brittain, DiVirgilio, Katz, Koch Also Present, R. Morgan, Director of Public Works/City Engineer, M. Flaherty, Public Works Superintendent, R. Punneo, Administrative Assistant, Public Works Department Absent: Commissioner Marinelli 2. Flag Salute 3. Minutes of: February 21, 2007 Action: Approved as written after comments by P. Egerer. 4. Public Comment: Anyone wishing to address the Commission on other items not on the agenda pertaining to Public Works may do so at this time. Ken Barkley, 30th Street — presented petition regarding puddles on 30th St. 5. Correspondence None 6. Items for Commission Consideration a. 16' Street Restriping West Of PCH Action: Commission directed staff to bring this item back at the next meeting (April 18, 2007) and notice residents of proposed option of eliminating all parking on 16th St. west of PCH in lieu of re -striping. This option was suggested by representatives of the Commodore condominiums (1600 Ardmore Ave.). 7. Commissioners' Reports Ms. Brittain announced UPAC Town Hall Meeting; Ms. Brittain was advised Clock would possibly be installed by end of April; Mr. Morgan will be speaking with Caltrans regarding left turn pocket onto Aviation; Mr. Flaherty reported that the St. Patrick Day Parade was a success. 8. Other Matters 9. Adjournment 2j /OD/a7 April 3, 2007 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council April 10, 2007 EDITH RODAWAY PARK IMPROVEMENTS Recommendation: It is recommended that the City Council: 1. Approve a Change Order to TrueLine Surfacing, current Contractor for the Community Center Tennis Courts Resurfacing Project, for the installation of two basketball courts and backboards at Edith Rodaway Park in the amount of $18,813.00; Authorize the Director of Public Works to make changes as necessary within the project budget. Background: The resurfacing of the Edith Rodaway Park Basketball Courts is scheduled for construction this fiscal year. The courts' pavement surface was recently milled, crack sealed, and overlaid with pavement fabric and new asphalt in preparation for the installation of new basketball courts. The existing basketball court, posts, and backboards were also removed during the preparation of the pavement surface. Staff is proceeding with replacement of the old single basketball court with two new basketball courts. They will be slightly scaled down and will follow the same size and color scheme as the court at Valley Park. It was noted at the February 13, 2007 Council Meeting that in order to save time and expense, Staff would obtain a cost estimate from TrueLine for additional work consisting of the resurfacing of the basketball courts at Edith Rodaway Park. Analysis: Staff has determined the estimate from TrueLine to be very reasonable and therefore recommends issuing a Change Order to TrueLine to install two Basketball Courts, posts, and backboards at Edith Rodaway Park in accordance with the attached proposal (Attachment 1). TrueLine recently completed the resurfacing of the Community Center tennis courts. Staff was very happy with their work and therefore recommends that TrueLine begin the work at Edith Rodaway Park. Fiscal Impact: Funding is available in the project budget; therefore, there is no fiscal impact at this time. 2k Attachment: Proposal from TrueLine Respectfully submitted, Concur: Fran Senteno, P.E. ( Richar; 4. Morgan, P.E. Associate Engineer Noted For Fiscal Impact: Viki op eland Director of Finance Director of Public Works/City Engineer Concur IP Step Q`r ' `': ur - City Manager F:1B951PWFILES\CCITEMS104-534 Edith Rodaway - Chg Order 04-10-07.doc 411viar tic ter 'IU:Zda Ed Kruse • TRUELINEum W.Pomona Rd. #30 CORONA, CA 92882 Lie # 662625 03-06_07 City of Hermosa Beach Prank Senteno P.E. Engineering Dept 11315 Valley Dr. Hermosa Beach, CA 90254-3885 310-318-0238 lx 310-937-5010 cell 310-918-3430 • 951-817-0777 p.1 RECEIVED MAR 0 6 2007 PUBLIC WORKS We are pleased to submit the following bid: Job Description; Apply new surface to two new basketball courts, install four backboards, and adjust fencing SERVICE !:ifi i. , DESCR fR770 N Install four basketball posts, backboards, and hoops same as in A existing _ _ - •5 CHARGES 9,588.00 other Hermosa City parks WO to be set at 10' height and two at 8' height Power wash surface to clean Fill two low spots per markings an play surface • 1Apply Latexite acrylic resurfacer mixed with 460 silica sand to fill in voids in i asphalt substrate Apply Latexite corer coats mixed with #90 silica sand (green field and red keys and center jump ;Apply top coat of Latexite color without sand ' Stripe out two basketball courts 7,640.00 *Option to apply resurfacer to entire asphalt area (i.e_ to include out of bounds) 1,685.00 Extend fencing to 12 ft height with center brace 181' to include fencing on Prospect ave to Hollowell (up to double gate). 6,930.00 Totafservice'charge. 25,743.00 Price valid until: ATTACHMENT I CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT Date: April 10, 2007 To: MEMORANDUM Honorable Mayor and Members of the Hermosa Beach City Council From: Sol Blumenfel irector Community Development Departn ent Stephen R. Burrell, City Manager Subject: 1144 2nd Street — Variance No. 07-1 #0/0 7 Background On March 27, 2007, the City Council overturned the decision of the Planning Commission and approved the Variance request to allow a 2.7 foot side yard setback and a 4.7 foot garage setback at the property addressed as 1144 2❑d Street. City Council added a Condition of Approval requiring that the plans be revised to not exceed the 100% increase in floor area maximum as allowed by Municipal Code Section 17.52.035 (Requirements for Buildings Nonconforming to Parking Requirements). The attached Resolution reflects that change. Recommendation . To adopt the attached the Resolution. 21 1 3 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 27 28 29 • • RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO OVERTURN THE DECISION OF THE PLANNING. COMMISSION AND APPROVE THE PROPOSED VARIANCES TO ALLOW A 2.7 -FOOT SIDE YARD SETBACK AND A 4.7 -FOOT GARAGE SETBACK AT THE PROPERTY ADDRESSED AS 1144 2ND STREET AND LEGALLY DESCRIBED AS LOT 91, TRACT NO. 733 The City Council does hereby resolve and order as follows: Section 1. An application was filed by David and Kelly Trudgen, owners of the property located at 1144 2°d Street, seeking Variances to allow for the expansion of an existing garage with a 2.7 -foot side yard rather than the required 3 feet and a 4.7 -foot garage setback rather than the required 17 feet. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Variance on January 16, 2007, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. At the January 16, 2007, meeting the Planning Commission denied the subject Variances by a vote of 4:1, because the Planning Commission was unable to support Finding No. 1 that the 25' x 90' lot, a common R-1 lot size on this block, is so exceptional and extraordinary as to require the granting of a Variance Section 4. On February 27, 2007, the City Council, pursuant to Section 2.52.040, initiated reconsideration of the Planning Commission decision: Section 5. Based on the evidence received at the public hearing, the City Council makes the following factual findings: 1. The subject lot is a "through lot" fronting on 2°d Street with garage access from 1st Place. 2. The lot is currently developed with a one-story single-family dwelling which has the following nonconformities: • A substandard garage width of 15.9' feet as opposed to the required 17 feet to qualify as two spaces; • No guest parking space as required for the R-1 zone; • A garage setback of 4.7' feet rather than the required 17 feet; • A side yard setback of 2.7' feet along the west property line rather than the required 3 feet; and, • 0percent (0%) required open space as opposed to the required 400 square feet. The applicant's objective is to widen the existing garage into a qualifying two -car garage, thus allowing for a 100% addition in floor area as permitted in the Non -Conforming Ordinance (H.B.M.C. 17.52.030 (B)(2)(a)) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 • 20 21 22 23 24 25 26 27 28 29 • 4. Therefore, the applicant is requesting Variances to allow a 2.7 -foot side yard rather than required 10% of lot width (3 feet), and a substandard garage setback of 4.7 feet rather than the required 17 feet. The nonconforming westerly side yard is proposed to be maintained at the basementllst floor, and continued for the garage expansion. 5. At the City Council meeting of March 27, 2007, the applicant volunteered to revise the plans to show the removal of the basement level bedroom in order to not exceed the 100% floor area increase allowed by the Nonconforming Ordinance. Section 6. Based on the factual findings, the City Council makes the following findings pertaining to the application for the Variances: 1.. The lot is only 25 feet wide and is approximately 2,250 square -feet, thus is eligible to qualify as a "Small Lot" as defined in Municipal Code Section 17.08.040 (Development Standards for Small Lots); therefore the narrow width and the small lot size is an exceptional and extraordinary condition which limits the options to remodel the existing structure to accommodate the side and garage setback requirements for the R-1 zone. 2. The majority of the buildings in the vicinity have substandard yards and inadequate garage setbacks and to deny the owner the ability to remodel in this manner would deny the owner a property right possessed by the majority of owners in the same zone and in the nearby area. 3. The granting of the Variances will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone as the addition is not out of character with the area and the Variances from the required side yard of 2.7' feet rather than 3' feet and garage setback of 4.7' feet rather than the required 17' feet are not severe or unusual. . The construction, expansion, and remodel of a single family home in this location is consistent with the policies and goals of the General Plan. Section 7. Based on the foregoing, the City Council hereby overturns the decision of the Planning Commission and hereby approves the requested Variances subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Council at their meeting of March 27, 2007, and modified pursuant to the conditions below. Any minor modification shall be reviewed and may be approved by the Community Development Director. 2. The plans shall be revised to not exceed the 100% expansion allowed by Municipal Code Section 17.52.030(B) (Expansion of Nonconforming Buildings) prior to Zone Check approval. Furthermore, the basement level bedroom shall be removed from project plans. 3. Upon issuance of building permits the project shall proceed in compliance with the scope of work outlined on the plans and any further demolition or construction contrary to said plans will result in project delays in order for the City to review project modifications, and may require new plan submittals and Planning Commission review to proceed with construction work. 2 2 3 5 6 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. PASSED, APPROVED and ADOPTED this 27th day of March, 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Date S Monday, March 26, 2007 Honorable Mayor and members of the Regular meeting of Hermosa Beach City Council Tuesday, April 10 2007 PURCHASE OF ANIMAL CONTROL VEHICLE FOR THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT RECOMMENDATION Staff recommends that Council: 1. Authorize the purchase of one (1) Ford Ranger 4x4 pickup truck. 2. Authorize the purchase of one (1) Animal Transport Unit to be installed on aforementioned Ford Ranger 4x4 pickup. truck. BACKGROUND Community Services vehicles are part of the inventory in the Vehicle Replacement Fund. For the current 2006/2007 budget year, one Ford Ranger 4x4 pickup truck is scheduled for replacement. It is recommended that Council authorize staff to purchase this vehicle from Wondries Fleet Group in Alhambra, California as part of the purchase contract with the City of Murrietta (bid #6409013). AsWondries Fleet Group has established a government contract with the City of Murrieta, City rules allow the purchase of equipment from this vendor under these conditions (Cooperative Purchase Agreement), thus allowing for a more favorable purchase price than if purchased via a separate contract. The cost for this vehicle is $17,941.00, including sales tax. Also scheduled for replacement is the Animal Transport Unit that is currently installed on one of the Community Services Ford Ranger 4x4 pickups. It is recommended that Council authorize staff to purchase a replacement Animal Control Unit from Swab Wagon Company in Elizabethville, PA. Swab Wagon Company is one of only two companies located nationwide that manufacture Animal Transport Units to the required specifications_ Swab Wagon Company provided the lowest cost estimate for the necessary equipment. The cost for the Animal Transport Unit is $9,550.00, including applicable taxes and shipping cost. FISCAL IMPACT The funds required for the replacement of the vehicle and Animal Transport Unit have been appropriated in the Vehicle Replacement Fund for the 2006/2007 fiscal year. The total amount allocated for the replacement of the Ford Ranger 4x4 pickup and the Animal Control Unit is $29,755.00. The total cost for the purchase of these two items is approximately $27,491.00. R submitted, Greg S=velli Chief of Police Stephen : rrell City Manager Fjscal I/npact, Viki Copeland Finance Director April 5, 2007 Honorable Mayor and Members of the Hermosa Beach City Council 62,1927t lee -z_. 0-10 7- 00 7 Regular Meeting of April 10, 2007 RESOLUTION IMPLEMENTING CHANGE IN EMPLOYEE PARKING PERMITS AND CONSTRUCTION PARKING PERMITS Recommendation: That the City Council adopt the attached resolution which will implement the decision that was made at the February 13, 2007 meeting. Background: The City Council changed the Employee Parking Permit program by increasing the fee to $132.00 per year, limiting the number of permits to 13 per business, and restricting the use of the contractor's permit from silver meters. The attached resolution implements the decision of the City Council. The new rate is effective on May 1, 2007. In order to purchase an Employee Parking Permit, one of the following types of documentation is required: current paycheck stub, a business license or a letter from a business owner in the impacted area. A picture I.D and current registration in the name of the person requesting the permit is also required. For company or family vehicles that are not registered to the applicant, a letter from the registered owner, referencing the vehicle license number, and authorizing the applicant to use the vehicle is required. All outstanding parking violations must be paid prior to the purchase of any parking permit. Respectfully submitted, Stephen R. Burrell City Manager 2 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 •28 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INCREASING THE FEE FOR EMPLOYEE PARKING PERMITS AND . LIMITING THE NUMBER TO BE ISSUED TO EACH BUSINESS AND PROHIBITING THE USE OF CONTRACTOR'S PERMITS AT SILVER METERS The City Council of the City of Hermosa Beach does hereby resolve as follows: 1. Employee Parking Permit fee is set at $132 per year effective May 1, 2007. The maximum number of employee permits that can be issued to any business is thirteen (13). 3. Contractor Permits may not be used at any silver meter location. PASSED, APPROVED, and ADOPTED this 10th day of April, 2007. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY April 3, 2007 "/A/o 2 City Council Meeting April 10, 2007 Mayor and Members of the City Council AMENDMENT TO THE CITY'S MASTER FEE RESOLUTION ADDING A FEE FOR PASSPORT PHOTOS Recommendation: Itis recommended that the City Council adopt the attached resolution amending the Master Fee Resolution to add a fee for passport photos. Background: At its meeting of February 27, 2007, the City Council approved the designation of the City Clerk's Office as a Passport Acceptance Facility. As was noted at that meeting, photos will be offered as well to provide a one-stop service for the convenience of those applying for passports at City Hall. The U.S. Department of State has approved our request and issued a Certificate of Designation for the City Clerk's Office to serve as a Passport Acceptance Facility, authorizing (by name) the City Clerk and staff to serve as passport application acceptance agents. We are pleased to be able to offer this valuable service to our community. Our training is already underway, supplies have been ordered, and we expect to be open for business by the end of this month (or early May at the latest). The hours of operation for this service will be Monday through Thursday from 10 a.m. to 2 p.m. or by appointment. Passport application fees are set by the U.S. Department of State — currently $67 for adults ($52 for children) payable to Passport Services, and a $30 processing fee payable to the passport acceptance facility (City of Hermosa Beach). Since the passport photo fee determined by the service provider, we researched the fees charged by other facilities in the area. The results are as follows: Post Office $15.00 Kinko's $14.02 City of Monrovia $10.00 AAA (Auto Club) $ 8.00 (members) $15.00 (non-members) We believe a $10 fee would adequately cover. the costs involved for this cost -neutral service, and the attached resolution would add that fee to the City's Master Fee Resolution. Noted: Stephen R.ell, City Manager Elaine Doerfling, City Cler 3 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) TO ADD A FEE RELATING TO PASSPORT PHOTOGRAPHS WHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, and as stated in Section 2.64.010 of the Hermosa Beach Municipal Code, it is the intent of the City Council to require the determination and recovery of costs reasonably borne from fees and charges levied in providing City products or services; and WHEREAS, the costs of providing City services for passport photographs has been determined; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby finds that the fee established herein is justified and does not exceed the cost of providing the specified service. SECTION 2. Resolution No. 90-5422, Schedule 5 ("Miscellaneous Departmental Fees/City Clerk") is hereby amended to add a Passport Photo Fee of $10. SECTION 3. The fee added by this Resolution shall take effect immediately. SECTION 4. The fee added by this Resolution shall be administratively adjusted annually on September 1 of each year by the average negotiated changes in salaries and benefits contained in the memoranda of understanding between the City and its employee bargaining groups for the current fiscal year. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution, shall cause the same to be entered among the Resolutions of said City; and shall make a minute of -I- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting in which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 10th day of April, 2007. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -2- Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 10, 2007 CONTINUED FROM THE MARCH 27, 2007 MEETING SUBJECT: APPEAL OF A PLANNING COMMISSION MODIFICATION OF CONDITIONAL USE PERMIT FOR ON -SALE ALCOHOL IN CONJUNCTION WITH A RESTAURANT, AND REVOCATION OF THE CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND OUTSIDE DINING FOR CLUB 705, 705 PIER AVENUE, HERMOSA BEACH APPELLANT: CLUB 705 Planning Commission Recommendation: To sustain the Commission's decision to modify the conditions of the Conditional Use Permit for the restaurant, and to revoke the approvals for live entertainment and outside dining, as set forth in the attached resolution. Background The City Council, at their meeting of March 27, 2007, continued the hearing on this matter as requested verbally by the applicant's attorney. The Planning Commission at their meeting of January 16, 2007, voted 5:0 to modify the Conditional Use Permit, since the business has been operating contrary to the terms of the conditions of the existing Conditional Use Permit for a restaurant. The C.U.P. conditions were modified to ensure that the use is consistent with the approved restaurant use, by limiting operating hours to no later than midnight, prohibiting live entertainment, dancing, and/or disc jockeys, and prohibiting outside promoters. The review of the Club 705 CUP was originally referred to Community Development from the Police Department in connection with an ABC license transfer. ABC had requested comment on the operation of the business and the Police Department responded by collecting incidence reports and reviewing them with Community Development and the business owners. Based upon the high volume and the nature of call outs to the business, the Police Department recommended the matter be reviewed by the Planning Commission and did not recommend approval of the license transfer at ABC. The matter was originally considered by Commission in November 2006 and twice continued to January 16, 2007. The owner appealed the Commission decision and requested a March 27, 2007 hearing date. Club 705 is located within the Plaza Hermosa Shopping Center. The business has had several changes in ownership from a Marie Callenders restaurant to the current tenant Club 705. Saffire/ 705 had recently been sold and is now called Club 705. Over the last several months the Police and Fire Departments have responded to complaints involving fights, public intoxication, underage serving and over crowding in violation of the building, fire, and penal codes. The business owner has received written notice of these hearings and provided correspondence describing the proposed operation of the facility as evidence that prior problems will not ti continue. The owner also disputes the Police Department response record. According to the owner, the business has recently completed cosmetic improvements to the interior and made new menu changes reflecting the new business orientation. PROJECT HISTORY ❑ April 9, 1985, City Council Resolution 85-4820 approves Marie Caliendars for general alcohol sales and outdoor dining in conjunction with a restaurant and allows operating hours until 2:00 a.m. o April 5, 1994, Planning Commission Resolution 94-10, amends original CUP for Descanso Gardens allowing live entertainment with a maximum of 3 musicians using non -amplified music in lounge/waiting area secondary. o June 7, 1994, Planning Commission Resolution approves an amendment to above project to allow outdoor waiting area and live entertainment with an approved acoustical study supplied by owner and not as a main attraction, o March 18, 1997, Planning Commission Resolution 97-26 approves a modification to floor plan to include an additional bar for a total of three, two stages and a dance floor. Changes in floor plan, no material changes to conditions. ❑ May 5, 2001, Planning.Commission resolution 01-18 allows outside dining in area previously approved only for outdoor waiting area. Conditions only address outdoor uses (no outdoor music, maintain existing planted areas, add decorative railings). No changes to operating conditions from Resolution No. 97-26. PROJECT INFORMATION • ZONING: • GENERAL PLAN: • EXISTING FLOOR AREA: ■ PARKING PROVIDED: ENVIRONMENTAL DETERMINATION: Analysis: Section 17.70.010 of the Zone Code allows the Planning Commission to modify or revoke a CUP under any the following grounds: A. That the approval was obtained by fraud; B. That the use for which such approval is granted is not being exercised; C. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; E. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. The Conditional Use Permit, (Resolution 01-18 and Resolution No. 97-26), contains conditions that allow the Police Chief to determine if a continuing police problem exists and to authorize presence of a police approved doorman and or security personnel to eliminate security problems SPA 8 - Specific Plan Area Commercial Corridor 8,900 Square Feet 432 Total; 164 Lower Level Categorically Exempt and to submit a report to the Community Development Department thereby automatically initiating review of the Conditional Use Permit by the Planning Commission. Rather than suggesting the presence of additional doorman or security personnel, the Police Chief but has recommended that the Commission consider modifying the current CUP due to the large number of Police and Fire Department calls to the property. The call history includes excessive over -crowding, loitering around the building frontage and parking area, battery, fights and assaults and public intoxication. The call history during the first seven months of 2006 is summarized as follows: Summary of Violations Call Out 1. Over Crowding 2. Noise Violation 3. Loitering 4. Assaults 5. Serving Underage 6. Public Intoxication 'Action FD Response PD Response PD Response PD Response PD Response PD Response CUP 01-18 and 97-26 Violation Cond, Nos. 12, 13 (Res. 01-1) Cond. No. 3, (Res. 97-26) Cond. No. 1 (Res. 97-26 Cond. No. 1 (Res. 97-26) Cond. No.1 (Res. 97-26) Cond. No. 1 (Res. 97-26) Other Code Violations Fire Code HBMC Penal Code ABC Penal Code Penal Code ABC, HBMC HBMC, ABC No. Calls 8 3 7 2 3 2006 Call Outs 6/10 2/2, 2/6,2/19,3/16,5/11, 6/I0, 6/18, 7/7 3/25, 6/18,7/7, 3/19, 3/25,4/8,5/14, 6/11,7/1, 7/9 3/03,7/15 7/1,5/14,2/19 Since July 2006, there have been 10 incident calls to the property involving fights, loud music and disturbances. P.C. Resolution 01-18 (Condition No 12) requires that the applicant submit a detailed seating and occupant load plan prepared by a licensed design professional for approval by the Community Development Department and any changes to the interior layout of the business that alters the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. According to the Police Department, the business has regularly removed seating to accommodate dancing and other uses in violation of this condition. P.C. Resolution 97-26 (Condition No. 2) provides that "the primary emphasis of the business shall be maintained as a restaurant. Live entertainment shall be secondary and shall not be a separate or main attraction or show or promoted as such. The business regularly been advertised as a lounge, disco and venue for special promoted events, which is inconsistent with this condition of the CUP and the Police Department reports that the business has regularly removed tables and chairs to accommodate the special promoted events and dancing in violation of this condition. The current owner continues to promote the business as a nightclub as evidenced by advertisements on their website. (Attachment No. 2). P.C. Resolution 97-26 (Condition No. 13) provides that the operation of the business shall comply with all applicable requirements of the Municipal Code. 3 P.C. Resolution 97-26 (Condition No. 8) provides that "the business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness and boisterous activities of patrons outside the business and parking area. Police Department response calls indicate that the business is not providing adequate supervision since patrons were reported by the Police Department to be unruly and boisterous and allowed to loiter around the building frontage and parking area. Thus the business has not utilized management and supervisory techniques torevent unruly behavior. y P.C. Resolution 97-26 provides that live entertainment shall be limited to three musicians/performers using non -amplified instruments such as a piano, guitar, violin, etc.. If entertainment is to include amplified' live entertainment or more musicians, an acoustical study shall be prepared by a qualified acoustical engineer that addresses sound dampening features to baffle and direct sound away from the entrance/exit and window areas to ensure compliance with the noise ordinance. The scope of the study must be approved by the Community Development Department and consider a worst-case analysis and/or on a maximum sound level that will not be exceeded at any given time. The Resolution further provides that: 1. Management shall be responsible for the music/entertainment volume levels. 2. During the performance of any amplified live entertainment, the exterior doors and windows shall remain closed. The business has provided amplified live entertainment but has only recently supplied an acoustical study (received on January 16, 2007 at the Planning Commission hearing, and another study received March 27, 2007, the day of the City Council appeal hearing) to comply with the CUP. It is the owner's obligation to, comply with this condition by meeting with staff and submitting a CUP complying study. This first study was not prepared by an acoustical engineer and has not been approved by the City, and the most recently submitted study while prepared by an acoustical consultant (Davy and Associates), does not meet the terms of the condition since the study does not demonstrate that it addresses a "worst-case" or a maximum sound level, and does not recommend any sound dampening measures. Staff has commented on the deficiencies to the consultant, but at this time has not received a revised study. P.C. Resolution 94-17, Section II, Condition No. 1 provides that the establishment shall not adversely affect the welfare of the residents and/or commercial establishments nearby. The Police Department records indicate that surrounding neighbors at the mobile home park (531 Pier Avenue) have complained about excessive noise and unruly and boisterous behavior. Conclusion: From the above the Planning Commission found that that the business was not operating in accordance with Resolution Nos. 01-18 and 97-26 and thus acting under it's authority in Chapter 17.70, the Commission modified the business CUP. Specifically, the Commission found that: That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; and That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. The Commission believed that the business has demonstrated a clear pattern of non-compliance with many of the operating conditions, that it was not operating in a manner consistent with its original approval and that it has created a nuisance by focusing on bar/lounge activity. Therefore, the Commission recommended the following modifications to the conditions of approval: 1. The continued use of the restaurant shall be substantially consistent with plans submitted and approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor dining area. Minor. modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. 2. The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a restaurant. Live entertainment (including amplified music, disk jockeys, live music whether acoustic or amplified, live performances of all kinds) and customer dancing are prohibited. 3. If at some future time the owner applies to amend this Conditional Use Permit to provide dancing, live music, or other live entertainment, the application shall be accompanied by an acoustical analysis prepared by a qualified acoustical engineer demonstrating that noisewill not be audible from any adjacent residential use or from the adjacent street. Mitigation measures to attenuate noise may include sound baffles, double -glazing and other methods specified in the acoustical study. Any sound attenuation recommendations provided in the acoustical study will be imposed as conditions of approval of an amendment allowing live entertainment. 4. The hours of operation for all operations of the restaurant, including the lounge/bar areas, shall be limited to between 7:00 A.M. and 12:00 Midnight. All customers shall vacate the premises by not later than 12:00 Midnight and the doors shall be locked. 5. The parking area and exterior access at the northwest side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to egress only. A security and lighting plan for the parking area and the exterior north access shall be submitted for review and approval of the Police Chief and shall be implemented on site. The north parking area shall be used exclusively for vehicular parking and no other purpose. 6. The business shall not operate in a manner that adversely effects or interferes with the comfortable enjoyment of neighboring residential and commercial property. 7. The business is prohibited from using "outside promoters" to advertise the venue and to organize and produce events at the venue. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment that is not part of the primary business use. The business shall be under the exclusive control of the owners at all times. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments. 9. The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. 10. The restaurant shall discontinue operations until a new detailed seating and occupant load plan, prepared by a licensed design professional, is submitted and approved by the Community Development and Fire Departments. An approved occupant load sign must be posted in the business as directed by the Fire Department prior to operating the business. 11. The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. If the Fire Chief determines that there is a repeated pattern of occupant load violations, he shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit. 12. Any significant changes to the interior layout, which alter the primary function of the business as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the Planning Commission and require amendment to this Conditional Use Permit. Concur:. Sol Blumenf, ld, Director Community evelopment Stephen R. Burrell City Manager en R. b`ertson, Senior Planner Chief of olice Attachments 1. Proposed Resolution to sustain the Commission's decision 2. Planning Commission Resolution 3. Correspondence 4. Business advertising and promotions 5. Planning Commission Resolutions 01-18 and 97-26 6. Police Report History 7. Fire Department Report F:1B95\CD\CC\cup-705 Pier -club 705 modification (final).doc 1 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO MODIFY A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT AND OUTDOOR DINING, INCONJUNCTION WITH AN EXISTING RESTAURANT AT 705 PIER AVENUE, KNOWN AS "CLUB 705" AND "SAFFIRE" Section 1. At the initiation of the Police Department and the Community Development Department, the Planning Commission conducted a duly noticed public hearing to consider the revocation or modification of the Conditional Use Permit governing the business at 705 Pier Avenue, approved March 18, 1997 (P.C. Resolution 97-26), and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant to Section 17.70.010 of the Zoning Ordinance on December 6, 2006 and January 16, 2007, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 2. Following the public hearing, on January 16, 2007 the Planning Commission modified the Conditional Use Permit for on -sale general alcohol by imposing additional operating conditions and prohibiting live entertainment and outdoor dining in the restaurant as set forth in Planning Commission Resolution 07-1. Section 3. The owner of Club 705, pursuant to Section 17.56.070 of the Municipal Code, filed an appeal of the decision of the Planning Commission. Section 4. The City Council conducted a duly noticed public hearing to consider the appeal of the decision of the Planning Commission on March 27, and April 10, 2007, at which the record of the decision of the Planning Commission and additional testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 5. Based on evidence received at the public hearing, City Council makes the following findings to modify the Conditional Use Permit, pursuant to Section 17.70.010 of the Municipal Code: 23 1. The Hermosa Beach Chief of Police reported major disturbances due to unruly behavior of the patrons and inadequate management of the existing restaurant, including overcrowding, repeated 24 noise violations, loitering, assaults, serving alcohol to underage customers, and public intoxications. 25 2. Planning Commission Resolution 97-26 (Condition No. 1) requires that the project shall 26 be consistent with submitted plans and (Condition No. 2) provides that the "primary emphasis of the 27 business shall be maintained as a restaurant. Live entertainment shall be secondary and shall not be a separate or main attraction or promoted as such". The business has regularly been advertised as a 28 lounge, disco, and venue for special promoted events, which is inconsistent with these conditions of the CUP. Also, the Police Department reports that- the business has regularly removed tables and 29 chairs inconsistent with the approved floor plan, which specifically identifies these areas for 7 2 s 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 restaurant seating, in order to accommodate the special promoted events and dancing in violation of these conditions. The current owner continue to promote the business as a nightclub as evidenced by advertisements on its website. 3. The Police Department response calls indicate that the business is not providing adequate supervision since patrons were reported by the Police Department to be unruly and boisterous, and allowed to loiter around the building and parking area. Therefore the business has not used management and supervisory techniques to prevent this behavior as required by the CUP (P.C. Resolution 97-26, Section II, Condition No. 2). 4. The business has for a considerable period of time offered its patrons amplified live entertainment without ever receiving approval of the acoustical study required by the CUP. (P.C. Resolution 97-26, Section I, Condition No. 4). 5. This repeated pattern of disturbances and other violations was determined to be the result of poor management, staffing, and supervisory techniques contrary to the terms of the Conditional Use Permit, and contrary to what is required of any responsible operation of an establishment serving general alcohol under the license granted by the State Department of Alcohol Beverage Control. This behavior adversely affected the public welfare and the welfare of surrounding residential and commercial uses and caused excessive noise and creating a nuisance, which is also inconsistent with the requirements of the Conditional Use Permit. 6. The area approved for outdoor dining use, approved in May 2001, has not been used for that purpose (i.e. for seating or dining), and when used in conjunction with the business as a smoking or standing area has contributed to the noise and nuisance problems associated with the business. 7. Based on the evidence provided by the Police Department, the business has been operated contrary to the terms and conditions of the permit and in violation of the Municipal Code, Penal Code and Fire Code. Section 6. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance, the City Council sustains the decision of the Planning Commission on appeal and hereby modifies the Conditions of Approval of the Conditional Use Permit for on -sale alcohol in conjunction with a restaurant, which supersedes the conditions contained in P.C. Resolutions 97-26, and 01-18 and revokes the approvals for live entertainment and outdoor dining: 1. The continued use of the restaurant shall be substantially consistent with plans submitted and approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor dining area, the existing stage, and dance floors, which shall be removed. Minor modifications to any of the plans shall.be reviewed and may be approved by the Community Development Director. 2. The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a restaurant. Live entertainment (including amplified music, disk jockeys, live music whether acoustic or amplified, live performances of all kinds) and customer dancing are prohibited. 3 6 10 11 12 13 14 15 16 17 18 19 • 20 21 22 23 24 25 26 27 28 29 • • 3. If at some future time the owner applies to amend this Conditional Use Permit to provide dancing, live music, or other live entertainment, the application shall be accompanied by an acoustical analysis prepared by a qualified acoustical engineer demonstrating that noise will not be audible from any adjacent residential use or from the adjacent street. Mitigation measures to attenuate noise may include sound baffles, double -glazing and other methods specified in the acoustical study. Any sound attenuation recommendations provided in the acoustical study will be imposed as conditions of approval of an amendment allowing live entertainment. 4. The hours of operation for all operations of the restaurant, including the lounge/bar areas, shall be limited to between 7:00 A.M. and 12:00 Midnight. All customers shall vacate the premises by not later than 12:00 Midnight and the doors shall be locked. 5. The parking areaand exterior access at the northwest side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to egress only. A security and lighting plan for the parking area and the exterior north access shall be submitted for review and approval of the Police Chief and shall be implemented 011 site. The north parking area shall be used exclusively for vehicular parking and no other purpose. 6. The business shall not operate in a manner that adversely effects or interferes with the comfortable enjoyment of neighboring residential and commercial property. 7. The business is prohibited from using "outside promoters" to advertise the venue and to organize and produce events at the venue. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment that is not part of the primary. business use. The business shall be under the exclusive control of the owners at all times. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods andlor commercial establishments. 9. The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. 10. The restaurant shall discontinue operations until a new detailed floor plan, and seating and occupant load plan, prepared by a licensed design professional, is submitted and approved by the Community Development and Fire Departments, including elimination o the stage and dance floor areas. An approved occupant load sign must be posted in the business as directed by the Fire Department prior to operating the business. 11. The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. If the Fire Chief determines that there is a repeated pattern of occupant load violations, he shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit. 3 4 5 8 9 10 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 29 s �r 12. Any significant changes to the interior layout, which alter the primary function of the business as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the PIanning Commission and require amendment to this Conditional Use Permit. General Operating and Standard Conditions: 13. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 14. The business shall provide adequate staffing and management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business, or in the immediate area. 15. If the Police Chief determines that there are a disproportionate number of police calls to the business due to the disorderly or disruptive behavior of patrons and the inability or refusal of the business to manage its patrons, the Chief may require on an interim basis that the business employ private security personnel. 'The Chief shall notify the Director of Community Development of this action, who shall forthwith schedule a public hearing before the Planning Commission to consider modification or revocation of this Conditional Use Permit by the Planning Commission. 16. The, exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 17. Any changes to the interior or exterior layout which alter the primary function of the restaurant shall be subject to review and approval by the Planning Commission. 18. The operation of the business shall comply with all applicable requirements of the Municipal Code. 19. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. The Conditional Use Permit , as modified, shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. /0 2 4 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. PASSED, APPROVED, and ADOPTED this day of , 2007, PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY F:\B951CD\CC\CUPR- club 705 (final).doc 3 4 7 8 9 10 11 12 13 14 P.C. RESOLUTION 07-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT AND REVOKING THE APPROVALS FOR LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 705 PIER AVENUE, KNOWN AS "CLUB 705" AND "SAFFIRE" Section 1. The Planning Commission conducted a duly noticed public hearing to consider the revocation or modification of Conditional Use Permit, approved March 18, 1997 (P.C. Resolution 97-26), and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant to Section 17.70.010 of the Zoning Ordinance on December 6, 2006 and January 11, 2007, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 2. Based on evidence received at the public hearing, the Planning Commission makes the following findings: 1. The Hermosa Beach Chief of Police reported major disturbances due to unruly behavior of the patrons and inadequate management of the existing restaurant, including overcrowding, repeated noise violations, loitering, assaults, serving alcohol to underage customers, and public intoxications. ts 2. This repeated pattern of disturbances and other violations was determined to be the result of poor management, staffing, and supervisory techniques as required by the Conditional Use Permit, and as 16 required of any responsible operation of an establishment serving general alcohol under the license granted 17 by the State Department of Alcohol Beverage Control. This behavior adversely affected the public welfare and the welfare of surrounding commercial establishments and caused excessive noise creating a 18 nuisance, which also inconsistent with the requirements of the Conditional Use Permit. 19 3. The area approved for outdoor dining use, approved in May 2001, has not been used for that 20 purpose in several years. 21 4. Based on the above evidence provided by the Police Department the permit has been exercised contrary to the terms and conditions of the permit, in violation of the Municipal Code, and the portion for 22 outside dining has ceased to exist. 23 Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance, the 24 Planning Commission hereby revokes the Conditional Use Permit for live entertainment and outdoor 25 dining and modifies the Conditions of Approval, which supersedes the conditions contained in P.C. Resolutions 9 7-26, and 01-18: 26 27 28 . The continued use of the restaurant shall be substantially consistent with plans submitted and approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor dining area. Minor modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. • 2. The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a restaurant and no live entertainment. Any intensification of use involving live entertainment, such as providing a disc jockey or other forms of amplified music for customer dancing, any type of live entertainment (i.e. live music whether acoustic or amplified, comedy acts, or any other type of performances) or extended hours of operation beyond what is specified requires amending this Conditional Use Permit. In the event the City establishes an entertainment permit program, the owner must apply and receive the permit in order to offer any kind of live entertainment. 3. If the Conditional Use Permit is amended to provide dancing, live music, or other live entertainment an acoustical analysis shall be conducted to verify compliance with the noise ordinance, demonstrating that noise will not be audible from any adjacent residential use or from the adjacent street. Mitigation measures to attenuate noise may include sound baffles, double -glazing and other methods specified in the acoustical study. The Community Development Director shall approve the scope of the acoustical study. Any sound attenuation recommendations provided in the acoustical study must be completed and approved by the Community Development Department prior to offering live entertainment and failure to implement any of said recommendations will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 4. The hours of operation for all operations of the restaurant, including the lounge/bar areas, shall be Iimited to between 7:00 A.M. and 12:00 Midnight. 5. The parking area and exterior access at the North West side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to access only and appropriate lighting and security. A security plan for the parking area and the exterior north access shall be submitted for review and approval of the Police Chief and shall be implemented on site. No outdoor use in the north parking area other than access to the facility is permitted. 6. The business shall not operate in a manner as to have and adverse effect on or interfere with the comfortable enjoyment of neighboring residential and commercial property. 7. The business is prohibited from using "outside promoters" to advertise the use to obtain customers. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment that is not part of the primary business use. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 9. The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. 10. The restaurant shall discontinue operations until a detailed seating and occupant load plan, prepared by a licensed design professional, has been submitted and approved by the Community Development and Fire Departments. An approved occupant load sign must be posted in the business as directed by the Fire Department prior to operating the business. /3 3 4 5 6 7 8 10 12 13 14 tS 16 17 18 19 20 21 22 23 24 11. The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. The Fire Chief may determine that there is a repeat pattern of occupant load violations and then shall submit a report to the PIanning Commission which will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 12. Any significant changes to the interior layout, which alter the primary function of the business as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the Planning Commission and require amendment to this Conditional Use Permit. General Operating and Standard Conditions: 13. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 14. The business shall provide adequate staffing and management and supervisory techniques to prevent Loitering, unruliness, and boisterous activities of the patrons outside the business, or in the immediate area. 15. The Police Chief shall determine if a continuing police problem exists, and may require the presence of a doorman and/or security personnel to eliminate the problem, and/or shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission 16. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 17. Any changes to the interior or exterior layout which alter the primary function of the restaurant shall be subject to review and approval by the Planning Commission. 18. The operation of the business shall comply with all applicable requirements of the Municipal Code. 19. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. Section 5. This grant shall not be effective for any purposes until the permittee and the owners of the 25 property involved have filed at the office of the Planning Division of the Community Development 26 Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. 27 28 The Conditional Use Permit Amendment, as modified, shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. s 6 7 s 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 • Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding; against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any. development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 07-1 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of January 16, 2007. Kent Allen, C So Blume eld, Secretary Date: January 16, 2007 15 operties. He noted Mr. Coleman's properties may be removed from the list after the ey reviews the files. There bei ; no further input, Chairman Allen closed the public hearing. Commissioner : rofti noted his support for staff recommendation to clarify . d rework the Lot Merger Ordinance; - d asked that the City go with the standard noticing • scedure. Vice -Chairman Kersenbo• noted his support for staff recommen some money by mailing only . those affected property owners. Chairman Allen noted his concurre e with Vice -Chair . Kersenboom's suggestion to save some funds by directly contacting o those prop- y owners who are affected; and that consideration be given to alternative notice tion and suggested saving Commissioner Hoffman highlighted the con was inadequate noticing and noted his p —ference includes noticing property owners with'' he 300 -foot ra y in the past with what the public believed continue with the full notice efforts that us. Commissioner- Pizer noted his s •port for the fully noticed pro -ss. MOTION by Chairman Al , seconded by Commissioner Perrotti, . APPROVE TEXT 06-3 -- Text Amendment rega . mg Lot Mergers; that the standard noticing po remain in effect; and to continue this m er to the February 2007 Planning .Commission me ing. This motion carried as follow AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES- None. AB AIN: None SENT: None 7. CUP 01-1 -- Modification or Revocation of the Conditional Use Permit (CUP) for on - sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire (continued from November 21 and December 6, 2006 meetings). Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld advised this is a hearing to consider revocation for Modification to the CUP for Club 705ISaffire; stated the business is under new ownership; noted that at the prior meeting, the owner submitted a request to continue this hearing from January to better prepare for this hearing; that the Commission granted that request but took testimony at that meeting. He noted the club is located in Plaza Hermosa Shopping Center; stated that during 2006, the Police and Fire Departments responded to complaints involving fights, public intoxication, under -aged serving, and over -crowding, all summarized in staff report; and noted there were a total of 24 callouts, which include violations of the. Building, Penal, and Fire Codes, occurring from February through June. He advised that the current owner contests part of the police record, believing that many of the operating problems were a function of the transition of the business; stated the owner has submitted a letter indicating there will be a new business plan, proposing an upscale Japanese sushi restaurant; and advised that they have a non-binding 16. Planning Commission Minutes January 16, 2007 letter of interest from a major entertainer. He noted that staff has asked the Police Department to update the callout report; and that in summary since July, there have been 9 new callouts for disturbances, loud music and fighting, occurring during the old and new owners' tenures. Director Blumenfeld advised that the business was originally approved as a restaurant; that there have been several changes in ownership and four amendments to the CUP since 1985; that over the years, the CUP has been amended to allow live entertainment, one additional bar, and the addition of an outside waiting area; advised that the business has not been operated previously in conformance with these various, CUP's with respect to operating the business in violation of the requirements of the Municipal Code, failing to provide management/supervisory techniques to prevent loitering, unruliness, and boisterous behavior in the restaurant, supervision of the building frontage and the parking area, operating the business as a lounge or disco and venue for special events, removing tables and chairs for those activities rather than operating as a restaurant; and mentioned their business is currently being promoted on the website for these venues/uses. He noted this promotional activity occurred prior to the new ownership and is occurring with the new ownership; that they are offering live entertainment without submitting the required acoustical study as one of the standard conditions and are required to provide any noise attenuation features that might be required. He noted that in addition, there is a violation of Resolution 94-17 with respect to operating the business so as to adversely affect the residents in commercial establishments in the area. Director Blumenfeld stated the Commission is empowered to modify or revoke a CUP when there is good cause to do so, and when the violations are so egregious that the CUP should be revoked or modified; he added that based upon the emergency response record, the business has been operating in violation of the CUP, and there have been violations as well with the new ownership. He stated the owner indicates that was a lapse in management that led to these ongoing violations and that the proposed change in ownership willcure these problems under a new business plan. Commissioner Perrotti noted the operator's attorney indicates an acoustic study had been done. Director Blumenfeld stated there is no acoustical study in the files. Commissioner Perrotti pointed out that one of the proposed revisions concerns not requiring a cover charge, questioning if this is for the entire business. Director Blumenfeld noted it is not standard procedure for a restaurant to charge a cover fee to purchase a meal and that if there is some other venue going on in the business, that may be considered and reflected in the CUP. Commissioner Perrotti noted he has some reservations with the City getting involved in cover charge issues. Commissioner Hoffman asked what time of day the 11 callouts usually occur. Police Chief Greg Savelli stated that most of the calls occurred in the evening hours after 10:00 P.M. and as late as 4:00 A.M.; and stated that after reviewing this list today, two of the callouts were appropriately removed from the list, noting it should indicate 9 callouts related to the business. Vice -Chairman Kersenboom questioned when the new owners took over this establishment. Planning Commission Minutes January 16, 2007 Director Blumenfeld stated the original application was made in the summer. Police Chief Savelli advised that June 26th was the date for application of the ABC transfer, noting that is what triggered the Police Department's interest in the property; advised they were approached by ABC to ask for comments on possible conditions to the ABC license transfer, which is what triggered the Department's investigation on the number of callouts for service; and that when it was determined there was a significant number of calls for service, it was then referred to the Planning Commission for consideration. He noted that since August 2006, there have been approximately 8 callouts identified for this business. Commissioner Perrotti stated that security should be increased to minimize the garage noise. Police Chief Savelli stated that may be one of the Department's recommendations to increase doormen, or security personnel; noted that out of the 6 concerns listed, 4 were management related, such as under -aged serving, excessive crowding, and loud music; and explained that security would help with the disturbance of patrons coming and going from the facility. He stated the new owners have claimed they want to improve the management; pointed out the record indicates that in the first 6 months of new ownership, there was a significant number of calls; and that the second 6 months, the number has decreased. Chairman Allen opened the public hearing. Albro Lundy, representing the new owner Maximoore, explained that when the new owner took over the business, they .were obligated to honor the prior contractual commitments of the producers and the venue of entertainment; and stated that since they have been running it their own programs, there have not been any calls for service. He provided a summary of special events that have taken place with the new management and noted there have not been any callouts since then. Tim Moore, resident and owner, commented on his prior experience with this type business; and advised that the new business plan has been put in place and that with the new general manager and new management system, they are moving in the right direction. Jim Lissner, resident, expressed his concern with the proliferation of bars all over Hermosa Beach; he pointed out there is a higher callout rate in the Downtown area and with smaller businesses than with this business, questioning if this business is being treated equitably; stated this business has reduced its callout rate from 24 in the first half down to 9 in the second half; and he suggested that sound absorbing materials be placed in the parking area if deemed to be a problem. Lee Grant, resident, expressed his belief this is not the proper location for a nightclub; commented on the prior problems this established has experienced; stated there may not always be an interest to provide an upscale business at this location; and suggested the City look again at what kind of businesses it wants to have in this community. Morty Benjamin, resident, stated he lives up the street from Club 705; expressed his belief this area has deteriorated; asked the new owner what other commitments he has for entertainment other than the ones that caused the other complaints; and stated he'd like to see much needed improvements in this part of town. He expressed his belief this business does not improve the area and he questioned what is required to shut down a problematic business. Planning Commission Minutes January 16, 2007 Director Blumenfeld explained that this hearing is required to close a business under Chapter 17.70; stated the CUP represents a property right; that the City has to provide a property owner with due process; that the owner is required to present their evidence; that the Commission takes testimony and based on the testimony evidence the City, takes actions. He advised if there is a repeated pattern of violation, the Commission can consider revocation/modification of aCUP. Mr. Benjamin noted his support to revoke the CUP, stating he would like to see a nice restaurant at this site, such as a Marie Callendars; and questioned what additional obligations this new owner has from the previous owner. Tim Norquist, resident, stated he has been a regular patron at Club 705 since the new management has taken over, taking salsa dancing lessons every Thursday; and he commended the new management for their operations and for creating a pleasant environment. Ann Sullivan, resident, stated this type of business at this location is not an upgrade to the area; noted her concern with restaurants eventually becoming late evening bars/nightclubs; and stated the quality of life in this City has deteriorated. Shirley Castle, resident, stated this CUP should be revoked or modified; and urged the City to stop allowing these troublesome businesses. Eric Nadler, El Segundo resident, stated that in February 2005, he became a lender to Saffire; that as a condition of his loan, he was granted unrestricted access to the club and privy to many of the issues and decisions affecting the club during 2005 and early 2006; and expressed his belief it was poorly run in that era and not capable of properly managing this facility, noting the blame rests entirely on the shoulders of prior management. He urged the Commission not to project those issues on the current management, stating he has full confidence in the ability of the new management team/system. He stated they have already shown a clear pattern of improvement, dropping the callouts from 24 to 9 and asked that the CUP be maintained as is. Anthony Chavez, Los Angeles resident, stated he is a regular patron of this club, noting he also attends the salsa dancingclasses on Thursdays; noted he not only comes to the dance classes, but that he also shops in this community as do other club patrons; and stated he has not seen the problems that have been discussed this evening at this facility. He suggested that something be done with the garage if that's where the problem is and he noted that approximately 25 people are present this evening who are patrons of this business. He noted for Chairman Allen that he usually leaves this establishment by 11:00 P.M. Jim Lundy, Bel Aire resident, stated that he is a patron of Club Saffire; that he has spent many years enjoying this community; that he also enjoys the salsa dance lessons at this facility, commending the dance instructors at the facility; and stated that most of the problems would be coming from the parking structure. He stated he has done some sound testing on his own; and that his findings indicate the noise is within normal limits. Patty Egerer, resident, noted a lack of confidence this business will not morph into another nightclub; stated that making money on alcohol sales is the driving force behind these businesses; expressed her belief the property owner and leasing agents knew they were violating the CUP and conditions; and she urged the Commission to protect this City against troublesome businesses. She noted her support to revoke the CUP; stated that should that not Planning Commission Minutes January 16, 2007 • be the Commission's vision, this establishment should not be permitted to serve alcohol beyond 9:00 P.M.; and that they don't have the right to be in business at this time because they are not in compliance with state law. She stated that base -heavy music should be prohibited; and she urged the Commission to consider what impact the alcohol serving businesses are having on this community. John Bowler, resident, expressed his belief the transition taking place here is favorable; stated the prior management was responsible for the problems; and that the new owners should not be punished for attemptingto improve this business and working with the City to reduce the problems in their first months in business. Xavier Flamenco, general manager, stated he worked for the previous owner, but noted that the new management team and system is proving this business can become an important part of this community; and stated that since June 28th, the new management has put in place new rules, implementing more security, more hours and days of security, and put in place parking attendants. He stated that since meeting with City officials, they immediately responded to the issues brought up, stepping up their policies and procedures. He noted that their security people have been instructed to bring people out as quietly as possible, to make sure they advise patrons they're not permitted to linger on the sidewalks, to follow patrons .into the parking lot; and that they're notto leave the parking lot until everyone has left, keeping them as quiet as possible. He stated they have done a number of fund-raisers for this community and have hosted events at the Civic Center, noting their desire to be a positive business in this community. He stated that one dimensional dining is not possible at this location, pointing out that Marie Calendars could not survive at this location even with the strength of that large chain; and noted they look at the dining of this business as the foundation of the entire business, that it's how they establish their customer base; and he stated they are not interested in becoming a nightclub. He stated they continue to be interested in an entertainment venue, but to keep it upscale and not target the younger crowds. He urged the City to allow them the opportunity to correct any problems, taking the steps necessary to resolve the issues. Mr. Flamenco noted for Vice -Chairman Kersenboom that they are not interested in advertising this business as the prior management had and that the advertisements would be tasteful. Commissioner Pizer questioned if the new owner is planning on modifying the website for this business, stating it is has some tasteless images. Mr. Longacre, resident, address his concern with the proliferation of bars in this community and the loss of beach culture; expressed his concern that the City only gets $780 a day from all liquor serving businesses in this town, but that the daily expense for public safety costs $43,000; and stated the City Council and Planning Commission have a responsibility to get control of these issues. He asked if escrow has closed at this time. He asked that the lights not be turned off in the parking area until all '•vehicles have left; and suggested that the parking be free/validated. Mr. Lundy stated the new owners want to make a good difference in this community, that the new management is interested in providing an upscale establishment; he urged the City to allow the business owners who want to go upscale the financial opportunity to do so, to be able to make a living here as well as make this a better place to live; pointed out that this business has not had any callouts in the past few months because of their new business plan; and stated it has the backing and money to make this a well-managed destination location. Planning Commission Minutes January 16, 2007 • Commissioner Pfizer asked the owner if he agrees with the January 9, 2006 letter submitted to the Planning Commission. Mr. Moore indicated yes. Police Chief Savelli noted that the Police Department has worked with the transition of the ownership to try and express those concerns, at the same time passing those concerns along to the Planning Commission; stated the Police Department is relatively neutral in this as long as the operation of any business at this location meets the conditions imposed. He reiterated that the number of calls have decreased with the new ownership. There being no further input, Chairman Allen closed the public hearing. With regard to the January 9, 2006, letter that was provided to the Commission, Commissioner Pizer noted his discomfort with the following sentences contained in that letter: "Saffire was only over its allowed occupancy by 78 persons"; "They're proposing to bring an elegant upscale restaurant and lounge business to Hermosa that is sorely needed"; "The new Segal establishment is exactly the type of restaurant that the citizens of Hermosa Beach are hoping for, a restaurant which will eliminate unruly drunkenness that currently prevails in this City on Friday and Saturday nights," noting he doesn't see how this business is going to eliminate. that. "The Segal establishment, must create a place where people want to come and spend their money," stating this gives him a feeling the new owner will manage the place much better, but pointed out it's still going to be the same type of operation. He stated this business should close • at midnight and that free parking should be provided. Commissioner Hoffman explained that this is not a policy or management issue for the Commission to consider, that Commission is charged with enforcing and implementing the City's General Plan, and in this particular case, to consider the proper land use and its affect upon the surrounding properties and community; and noted the intent to protect and maintain the small town beach community atmosphere of Hermosa Beach. He stated this is not a site that is consistent with the small town beach community atmosphere when it houses a club, restaurant, lounge, or sports bar; noted that given that charge and taking the direction of Council and its most recent decision at a similar location in the same part of town, he would be inclined to recommend a midnight closing hour; and to support staff's recommendations. Chairman Allen noted his intent to support the Police Department and staff's recommendations; and expressed his belief midnight closing would be appropriate. Vice -Chairman Kersenboom noted his support of staff recommendation and a midnight closing. Commissioner Perrotti stated he will support staffs recommendations; noted his concern with' eliminating cover charges; stated that eliminating cover charges will result in a loss of revenue that pays for entertainment; that eliminating the cover charges will create an incentive to sell more liquor to make up for that lost revenue; and added that cover charges also help to regulate an establishment's clientele, thereby curbing some of the less desirable patrons. He stated it is a business decision and should not be micromanaged by the City. He stated there should be security in the parking lot; and noted his support to limit the hours of operation to midnight. Commissioner Pizer added this is the same type of late night use that has caused problems in the past. Planning Commission Minutes January 16, 2007 •. • Director Blumenfeld stated the Commission could require the owners to submit a security plan for review by the Chief of Police and to have the City determine what is adequate with the submittal. Taking into consideration Commissioner Perrotti's comments concerning cover charges, Police Chief Savalli indicated he would support eliminating the recommendation for cover charge. MOTION by Commissioner Perrotti, seconded by Vice -Chairman Kersenboom, to APPROVE CUP 01-1 — Modification of the Conditional Use Permit for on -sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire; to delete Paragraph 9 concerning the cover charge; and to add a sentence in Paragraph 5 that a Parking Security Plan should be submitted for review by the Chief of Police. This motion carried as follows: AYES: NOES: ABSTAIN: ABSENT: Allen, Hoffman, Kersenboom, Perrotti, Pizer None None None RE SS AND RECONVENE Chairman :lien recessed the meeting at 9:23 P.M. and reconvened the meeting at 9:30 '.M. 8. VAR 0 expansion car garage as Variance to side yard and parking setback require ' ents for an an existing substandard garage to accommodate . omplying two- ecessary for a second story addition at 1144 2n • treet. Staff Recommended Action: To direct staff as deemed appropriate. Senior Planner Robertson stated with a 2.7 -foot side yard setback rat rather than the required 17 feet; stated 2"d Street, with garage access from 1St. P single story dwelling which has several substandard garage width of 15.9 feet instead no guest parking, the 4.7 garage setback, th- .7-fo line, and no qualifying open space. He no d the appli the existing attached single car garage • create a comp! street parking space; that the appli . nt is also proposing to feet of floor area, including a se bedroom with an adjacent bat square -foot roof deck and to widen the existing g allow 100 percent a therefore, the app setback and a in its curren is is a request to allow the r than the required 3 t the subject lo e; noted xis pansion of an existing garage. eet and a 4.7 -foot garage setback s an R-1 lot, a through lot fronting on at the lot is currently developed with a g nonconforming conditions, having a e required 17 feet to qualify for two spaces, side yard setback along the west property t is proposing to add 26 square feet to 2 -car garage for an additional off - dude an additional 1,390 square d story, conversion of a dec'nto a master bedroom, and a oom in the basement; and that the - • • licant is proposing a 169- r additional balconies. He stated the ap • icant's main objective is at with this, it would ordinance; and, -foot side yard be widened age into a qualifying 2 -car garage; explained ition to the floor area as permitted in the nonconform ant is requesting variances to allow the expansion with a standard garage setback. He noted the garage cannot otherwis cation without these variances. Senio lanner Robertson explained that in order to grant these requested variances, there . re four equired findings that must be made: 22 - Planning Commission Minutes January 16, 2007 S-..1 1 1111 • BANKERS REALTY Telephone: 310-548-0185 Fax: 310-548-0183 VV1/VV FAX TRANSMITTAL DELIVER TO: FROM: Steve Burrell Daniel Miller COMPANY: DATE: City of Hermosa Beach 4/3/2007 FAX NUMBER: TOTAL PAGES: 310-372-6186 3 TELEPHONE NUMBER: SUBJECT 1 Q-318-0216CUP restriction hearing for 705 Pier Ave 310-318-0216. MESSAGE: Dear Steve, Thanks for meeting with me yesterday. I appreciate the opportunity to provide the City Councilmen with additional reading material. I thought I would send a copy of a letter to the Planning Commission about Pointe 705 from Chris Young. Chris was an original investor and doorman in the business when it first opened with Scott and Shane. He went on to become very active in local city politics. Please forward this to the City Councilmen if you can. Thanks. Daniel Miller 310.291-6185 PS — Any additional Info you may be able to obtain from the call center regarding the call log for the police actions we discussed you can fax to 310-548-0183_ Thanks. THIS document Is Intended for the use of the Individual or entity to which it is addressed It may contain Information that Is privileged or confidential. If the person receiving Ibis docurment Is not the Intended redplent you are notllled that any dissemination, distribution, or copying of this document in any manner Is strictly prohibited Ifyou haw received this document in error, please notify Bankers Rcatty Immcdlatety. _ 3 G V . V".. 11./ , n.. • Hermosa Beach Planning Commission, I am writing you as a fellow Commissioner for almost ten years in your neighboring city, Redondo Beach. This letter is in regards to my good friend Dan Miller, that runs Club Saffire in your fair city. I know that you will be deciding about Dans fathers C.U.P. and I want to say a few words on his behalf, since you haven't had the chance to get to know this young man. I am out of state and will have to rely on this letter to get my point across. First a little bit about myself for credibility purposes. I was a residence of Redondo Beach for almost twenty years and became a Commissioner for Public Works way back when Brad Parton was Mayor. I was moved to the Public Safety Commission for eight years, all through my friend Mayor Greg Hills two terms and as my second term came to a close as the Vice Chair, I went to the Youth Commission, Unfortunately, I found out that I had cancer and had to move to the Palm Springs area for treatment, of which I am doing fine now thank God! I actually came back to my home Redondo Beach to get married in August and was honored to have my friend Mayor Mike Gin speak at my wedding. In my time in the South bay, I helped start a non profit organization keeping kids out of... gangs and drugs with a fellow Commissioner and school board member for Hawthorne, Hugo Rojas. "The California Youth Karate Club" has done some incredible work with kids and we have awards from: Congress Woman Maxine Waters Senator Gloria Romero Sheriff Baca I was teaching kids at Boxing Works in Hermosa Beach many years ago, when City Council man for Hermosa Beach J.R. Reviczky had his picture taken with me for the Beach Reporter with a child I was teaching . He was Mayor. of Hermosa Beach at the time and was happy to see children being helped in your city in a volunteer capacity by our organization. In fact a couple years ago, Mayor Yoon of Hermosa Beach gave our organization, "The California Youth Karate Club" an award at the South Bay Music Awards held in Hermosa Beach. I also became friends with many Police Chiefs and Captains of Redondo Beach as well as Captain Eckert of your Police Dept: When Pointe 705 opened for business years ago, I was an investor and ran the front door for the first year. I was good friends with the owners Scott and Shane and we all loved the place. When they chose to sell it, I still went in the club from time to time and didn't really see any change what so ever in the noise factor from then till now. Dan has informed me that Club Saffire has had less than twenty complaint calls in the last year, when other clubs in the city have had over 50! This would strike me as odd, why you would want to consider altering Club Saffires C.U.P., when other clubs give the city more problems and you allow them to stay open until two. St II Lrlf 1J 1 t• Dan is a wonderful human being, that regularly takes time out of his busy life to help others in a volunteer capacity. I know most of you do not know Dan, so from one Commissioner to another, I just want to let you know that he is a good person. They really want to just sell Club Saffire and move forward with their lives, but without a C.U.P. that would make it very difficult for them to do that. I am sure they will comply with any requests you have for them and I would like to just add my reference to Dan as a stand up person in the community. I know you will all make the right decision, Thanks for the great job you all do my fellow Commissioners and keep up the good. world Chris Young Former Commissioner of Redondo Beach Present Commissioner for Indio Z5 Mar a7 07 03:38p Sh-wAlkarzulli Davy &Associates, Inc. Consultants in Acoustics 13105.....•8 p.1 2627 Manhattan Beach Blvd., Suite 2)2 • Redondo Beach, CA 90278-1604 • Tel; 310-643-5161 • Fax: 310-643-5364 • Ernail.:DavyAssoc@aoLcom March 26, 2007 Mr. Xavier Flamenco Club 705 3019 West Vernon Avenue Hermosa Beach, CA 90008 SUBJECT: ACOUSTICAL ANALYSIS Club 705, Hermosa Beach, California Dear Xavier: JN2007- 25 RECEIVED MAR 2 7 nu COMMUNITY DEV. DEPT Enclosed are copies of our completed Acoustical Analysis for the Club 705 in Hermosa Beach, California. The results of the measurements indicate that the Club will comply with the requirements of the City of Hermosa Beach Noise Ordinance with no additional mitigation. If you have any questions concerning the enclosed report, please call me. It has been a pleasure working with you on this project. Sincerely, DAVY & ASSOCIATES, INC. ce A. Davy, P. . President •BD/kbd • SUPPLEMENTAL • INFORMATION Mar 27 07 03:38p S in Marzulli 13101.0598 p.2 Davy Associates, Inc. Consultants in Acoustics 2627 Manhattan Beach Blvd., Sulte 212 • Redondo Beach. CA 90278.1604 • Tel; 310.643.5161 • Fax; 3107643-.5364 • Emall:bavyAssoc@aol.com JN2007-25 ACOUSTICAL ANALYSIS Club 705 Hermosa Beach, California FOR Club 705 Hermosa Beach, California March, 2007 „17 Mar 27 07 03:38p Sh:.i arzulli 1.0 introduction 13105AS8 p.3 At the direction of Club 705 , Davy & Associates, Inc, has completed acoustical mearsurements to determine potential noise impacts from amplified music in the Club at the residences to the north and to the west. Noise levels were measured outside•the Club while amplified music was being played. These measured exterior noise levels were compared with the requirements of the City of Hermosa Beach Noise Ordinance. 1 2.8 Mgr 27 07 03:39p SAW Marzulli 2.0 Noise Measurements 1310_0598 p.4 Noise levels were first measured outside the Club on Friday, March 23, 2007 between the hours of 9:30 p.m. and 11:30p.m.. Noise levels were measured at The Commodore residences at 1600 Ardmore Avenue to the north of the Club, in the 1500 block of Valley Drive in front of the mobile home park to the west of the Club and in the 700 block of Pier Avenue opposite the entrance to the Club. All measurements were made with a Larson Davis Model 820 precision integrating sound level meter. The meter was calibrated with a B&K Model 4230 acoustical calibrator prior to the measurements and following the measurements. The 820 meter displays the equivalent noise level (LEQ) which is the average noise level over the measurement period. At all three locations, traffic noise from vehicles on Pier Avenue, Valley Drive and Ardmore Avenue was the dominant noise source. Noise levels from the Club were not audible. The results of the measurements are summarized in Table 1. Table 1 113leasured A -weighted Noise Levels in dB Location - Traffic Noise Club Music 1600 Ardmore 62.1 dBA Not Audible 1500 block of Valley 64.7. Not Audible 700 block of Pier 67.5 Not Audible Mar 27 07 03:39p Sh-Allarzul 1 i 13105. .e p.5 3.0 Hermosa Beach Noise Ordinance Requirements Condition 3. states that if the Conditional Use Permit is amended to provide dancing, live music or other live entertainment, an acoustical analysis shall be conducted to verify compliance with the City Noise. Ordinance. Chapter 8.24 - Noise Control of the Hermosa Beach City Code states that for commercial establishments adjacent to residential property, noise from the premises of any commercial establishment including any outdoor dining -area part of the establishment between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible at the residential dwelling units' property line is prohibited 4.0 Summary of Results Based on this analysis, noise levels from the Club to the north, to the west and to the south are not audible while live music is being played inside. Therefore, Club 705 is in compliance with the Hermosa Beach Noise Ordinance. Bruce A. Davy, P.E. Davy & Associates, Inc. I.N.C.E. Board -Certified Fundraisers hosted at 705 Pier Ave. 10/8 AIDS Awareness Benefit 12/5 Mira Costa Band Boosters Family Night/ Performance 12/9 P.S., I Love You Foundation Christmas Benefit 1/27 Rover Rescue Foundation 3/16 Mira Costa "Save a Child" Concert RECEIVED APR - 4 2007 Per These fundraisers are a part of our commitment to become an active member of this community. We have already committed to other fundraisers including an AIDS Awareness Dinner at the Ardmore Restaurant. As well as, Family Disco Night every Tuesday with a percentage of the proceeds going to various family oriented organizations. 31 ECEIVE APR 0 4 2007 COMMUNITY DEV, DEPT. .y7 To: Hermosa Beach City Council From: Address: I am a resident of Hermosa Beach and would like to go on record as saying that Y do not have any problems with Club 705 and oppose the changes the changes proposed by the planning commission. I would ask that the council vote to allow the business at 705 Pier, Ave. to continue operating with live entertainment, dancing as well as operating until 2:00 am. Thank you, '/ .4A S r &-2a. f 11cranie ECE VE2..., APR 0 4 2007 COMMUNITY DEV. DEPT. Name: Address: • M-leAc90/ o2 (51-712 6-3 ATTP-- -0-57 eA , dna ��-- I reside at Marine Land Mobil Home Park located directly across the street from 705/ Ardmore Restaurant. i wish to inform the city council of a noticeable difference in the maintenance of noise compliance from their business establishment. Since that of August 2006, there has been a significant amount of noise reduction coming from that area. Thank you for your time and acknowledgement. �!f1/ / tie los- to/b9-7- .ao qve 33 RECEIVE APR 0 4 2007 COMMUNITY DE DEPT April 2, 2007 To: Hermosa Beach City Council From: Robert Barone 1821 Pacific Coast Highway I would like to comment on the issues regarding Club 705. I live at the Peppertree Apartments just one block away. I have seen the increased parking lot security and I do not have any complaints with noise emanating from the parking lot. I therefore do not feel that there is any reason to change their Conditional Use Permit. 3cf RECEIVED APR 0 4 2007 COMMUNITY DEV. DEPT. a_ w0 W 0 0 0 City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA. RECEIVED MAR 2 7 2007. COMMUNITY DEV. DEPT. Dear Honorable Mayor and Council Members, We would like to address the allegation that 705 and The Ardmore Restaurant have caused undo problems for the surrounding community. Please refer to the attached report from the Hermosa Beach Police Department. The first two calls listed (5070530552 - S070410007) are both traffic related stops that simply reference the address as the point of contact. The ones noted SECCHK are normal security checks. The call (S070010110 on 01101/07) involved two juveniles fighting in the skate park that was reported from our address. The next incident (5063620010 on 12128/06) was another traffic related stop - merely referencing our address. While the next incident (S063480057 on 12/14/06) is indeed a noise complaint, please note that thecall originated at 2:41AM. Our establishment closes at 2:00 AM and our security has cleared all customers from the premises by 2:'20 AM. it should be noted that this area (particularly the Greenbelt) is subject to the same problem that plagues the rest of Hermosa Beach with noisy patrons returning from downtown. Given the time, it is highly likely that this is the origin of the noise, not 705. We acknowledge that there were a small number of incidents that occurred during the difficult transition from the previous ownership to our new management team. They included the 3 other noise complaints last October that may or may not have originated with our establishment (see above). Still this means that there has not been a single complaint regarding our establishment in FIVE MONTHS!! This raises the question, is this evidence of an establishment that is causing problems in the community? How many other popular establishments in Hermosa that continue to operate unencumbered can match this record? 3' • It has been our intent from the beginning to correct those problems created by the previous owners and to operate as a responsible, community oriented establishment. We feel the record reflects our success in that quest. a We have gained control over the security issues of the previous owner. We have opened our completely redesigned, upscale restaurant facility "The Ardmore" serving classic California Fusion Cuisine. • We have retooled our entertainment schedule to cater to our local community. • We have hosted several fundraisers benefiting the Mira Costa band and local animal rescue groups. Given the chance, we will continue to be an active participant in community events and be a sensitive and generous member of our neighborhood_ 11 INCIDENT HISTORY JIIMARY CALL S070530552 S070410007 5070100490 S070010110 07 6063620010 5063480057 5063270022 5063080018 S063010607 5063010050 5062850025 5062740082 S062660697 5062660017 S062660010 S062640655 DATE 02/22/07 02/10/07 0 -0/ NUMBER E1/Q1/ ,. 1 12/14/06 11/23/06 11/04/06 10/28/06 10/28/06 10/12/06 10/01/06 09/23/06 09/23/06 09/23/06 09/21/06 FOR PRIOR INCNTS AT LOCATION ENTRY CLOSE P TYPE UNIT DISPO LOCATION 22:36 00:09 21:14 01:35 00:12 02:41 00:56 01:30 22:55 02:01 01:35 03:04 23:43 00:21 00:13 22:56 22:41 00:14 22:48 01:36 00:32 02:58 01:29 01:35 23:20 02:05 01:39 04:08 23:48 00:23 00:15 23:08 OF. RECORDS DISPLAYED: 16 2 23152 1L6M', 1 T .1L1M ADAST 2 SECCHK 1AP1 SECURE 1 242VIC DUP 3 926 1L2M REPT 2 415 1L2M ADAST 2 SECCHK 1L5M SECURE 2 SECCHK 1AP2 SECURE 2 SECCHK 1L3M ADAST 2 415 1L2M ADAST 2 415 1L5M ADAST 2 415 1AP1 ADAST 2 SECCHK 1AP1 SECURE 2 SECCHK 1LP2 SECURE 2 SECCHK 1LP2 SECURE 2 SECCHK 1AP1 ADAST 3% .705 705 705 705 705 705 705 705 705 705 705 705 705 705 705 705 PIER AV ,HEqiiirk PIER AV ,HER PIER AV ,HEA® PIER AVHER1 '"" PIER AV ,HER PIER AV ,HER PIER AV ,HER .,HER ,HER ,HER ,HER ,HER ,HER ,HER ,HER ,HER PIER PIER PIER PIER PIER PIER PIER PIER PIER AV AV AV AV AV AV AV AV AV RECEIVED MAR 2 7 7.007 COMMUNITY DEV. DEPT. To: Hermosa Beach City Council From: Shane McColgan 1220 Hermosa Ave. Dear Councilmen, I would like to address the issue of the changes to the conditional use permit for 705 Pier Ave. and the devastating impact these changes would have for that business and the prospect of any future businesses at that location. I will not be able to attend this meeting but felt the need to voice my opinion. As you may know, my brother and I operated 705 for a number of years. Therefore, I have personally experienced the challenges facing that business, especially the extremely high cost of operating a venue as large as 705. My brother and I went into that venue with the goal of establishing a sophisticated entertainment venue where people could enjoy upscale dining and entertainment. We felt that no business had survived at that location before because the previous businesses had all limited themselves to only dining. I met with one previous owner from Descanso who warned me that the electric bill alone could be devastating because of how much power was needed for air conditioning and heating. We knew that a one sided business would not be able to endure with such high overhead costs, We recognized that such a large venue would need' entertainment to supplement the income of a restaurant. March 25, 2007 RECEIVED MAR 2 7 2007 COMMUNITY DEV. DEPT. 705 is a destination spot, the business is located away from the Pier Plaza and most of the other bars and restaurants. The business needs both food and entertainment to attract customers up the street. Limiting the hours would have an equally harmful impact as this would not allow the business to be competitive in the entertainment market. Let's face it; the late night dancing crowd would not frequent a business which would shut down just as they, the customers, were starting to have fun. The city is about to begin a project to renovate upper Pier Avenue and I do not think it a good image for one of the first businesses seen by the public to be vacant, It is my opinion that the proposed changes would lead to the inevitable closing of the business and make that location unattractive to any other potential future businesses In conclusion, I feel that the proposed changes would not leave the business. enough resources to generate sufficient income for such a large venue and that these changes would lead to the eventual closing of 705. I also feel that these restrictions would take away from the value of the business and location in regards to any future businesses at 705 Pier Avenue. Thank You, Shane McColgan 39 71 1_,.. Com' ptAve C ,-y , • f' n /1,), /o 7 RECEIVED, ED MAR 2 7 2007 COMMUNITY DEV. DEPT. IARINELAND MQ LLE HOME PARK SAM OWENBY Manager Pier Avenue mesa Beach, CA 90254 • arineLand 531 Pier Ave. Ph: 310-374-6161 Fsa Beach, California, 90254 Fax: 310-374-0925 iunelandmhp@verizon.net 74-6161 ` (310) 374-0925 (fax) • To: To Whom It May Concern From: Sang Owenby Date: 03/27/07 Re: Noise from Point 705 RECEIVE® MAR 2 7 2007 COMMUNITY DEV. DEP. As manager of MarineLand M.H.P. I have received no complaints from my residents concerning the noise etc... from Point 705. I also live 3 homes in from Valley Blvd. and hear no excessive noise coming from the establishment. 1 have on occasion heard noise from the underground parking structure but since it is used by almost everyone including patrons of Club 705 there is no way to blame it on that establishment or their specific patrons.' If you need further clarification please do not hesitate to call upon me at the numbers listed above or 310-365-0729. • 1' 5 \k -c- \r -H,\ - ki5LI‘A,:s vc\1H (t)vA. ifZ a� RECEIVE MAR 2 7 2007 COMMUNITY DEV. DEPT. To Hermosa Beach City Council From: Jenifer Goldschmidt March 23, 2006 Dear Councilmen, My name is Jenifer Goldschmidt, I Own my house at 531 Pier Ave# 28, across the street from 705's parking structure. Since the new owners have taken over there has been noticeable changes in the way the business operates. My self and the other residents were invited to the preview mixer for the new restaurant and the food was amazing .I have had no problems with noise or any disturbances from 705, When I walk by or drive by they have people working the parking lot to keep the noise to a minimum. The staff from 705 invited my self and the other residents to come meet and discuss any issues that the residents may have with there business. They have kept there promise about maintaining the parking lot with security staff. I see no reason to change there CUP since they have done everything to change .the way the business was run by the previous owner and they have kept there word. io] Jenifer Goldschmidt 531 Pier Ave # 28 Hermosa Beach CA 90254 413 RECEIVED MAR 2 7 2007 COMMUNITY DEV. DEPT To: Whom it may concern Date: March 27th1, 2007 My husband and 1 live at 531 Pier Ave. #6, during the last 12 months we have not heard any excessive noise from Point 705.. We have no complaints concerning noise regarding this establishment. hottett, Terri Hampton-Pou_unas RECEIVED MAR 2 7 2007 COMMUNITY DEV DEPT. From: Sean DeFeo To: Hermosa Beach City Council March 27, 2007 Dear City Council, I am a local resident and I frequent 705 on a regular basis, I'm also employed by The Ardmore @ 705. Being a local in Hermosa and working in this fine city, it would be devastating to almost all locals to take live entertainment away and closing at midnight. Not only would it mean my employment would suffer. I would not be able to make ends meet I would have to get a second job to survive. Please reconsider your decision. Sean DeFeo Lf RECEIVED MAR 2 7 2007 COMMUNITY DEV. DEPT Joe Olaya 531 Pier Ave # 5 Hermosa Beach CA, 90254 March 27, 2007 To Whom It May Concern: I have been a resident of Marineland Mobile Home Park located at 531 Pier Ave just west across two streets from Club 705 (formerly known as Saffire). In the two years that I have lived in Marineland, I have never had a problem regarding any noise coming from Club 705 and neither has my roommate. In my experience living near the Restaurant / Club, they seem to take consideration and courtesy for their surrounding residence and businesses. Sincerely, Joe Olaya 4-6 RECEIVED MAR 2 7 2007 COMMUNITY DEV. DEPT. To Hermosa Beach City Council March 23, 2006 From: Anna Kondo Dear Councilmen, My name is Anna Kondo, I'm a resident at 531 Pier Ave# 28, across the street from 705's parking structure. Since the new owners have taken over there has been noticeable changes in the way the business operates. My self and the other residents were invited to the preview mixer for the new restaurant and the food was amazing .I have had no problems with noise or any disturbances from 705, When I walk by or drive by they have people working the parking lot to keep the noise to a minimum. The staff from 705 invited my self and the other residents to come meet and discuss any issues that the residents may have with there business. They have kept there promise about maintaining the parking lot with security staff. 1 see no reason to change there CUP since they have done everything to change the way the business was run by the previous owner and they have kept there word. Anna Kondo 531 Pier Ave#28 Hermosa Beach CA 90254 RECEIVE MAR 2 7 2007 COMMUNITY DEV. DEPT, To: Hermosa Beach City Council From: Marcia Harrigan 1600 Ardmore Ave. unit 130 March 27, 2007 In the past months, I have noticed an improvement regarding the business at 705 Pier Ave. The noise from the parking structure has been greatly reduced and I have had no complaints in months. I have also seen that the new management has become much more proactive in the community. I will not be able to attend the meeting but I wanted to take a moment to voice my opinion. RECEIVE:■, MAR 2 7 2007 COMMUNITY DEV. DEPT. RECEIVED MAR 2 7 2007 COMMUNITY DEV. DEPT. 22e 71.4t4tevIe 705 Appetizers Caprese salad- Roma tomatoes with fresh buffalo mozzarella, basil and a balsamic reduction $7.00 Calamari- served with a chili garlic aioli dipping sauce $8.00 Dungeness crab cakes- served with a lemon aioli sauce $10.00 Brie cheese chicken quesadilla- served with avocado salsa $10.00 Potato and leek soup $5.00 Seared ahi tuna- served with fried shitake mushrooms and avocado $10.00 . Tuna tartar $11.00 Salad Mixed greens served with balsamic vinaigrette $7.00 Classic Chicken Caesar salad with crisp romaine lettuce, croutons and Parmesan cheese $8.00 Pasta Chicken Marsala- served with bow tie pasta and seasonal vegetables $12.00 Ardmore Pasta- Penne pasta tossed with sauteed Roma tomatoes and garlic. Topped with chiffonade basil $10.00 Chicken rayioli served with sauteed spinach, lemon butter sauce and peanuts $12.00 Linguini Shrimp Alfredo $14.00 Main Seared medallions of Filet Mignon with garlic mashed potato, caramelized onions served with demiglaze reduction and gorgonzola cheese sauce $22.00 Filet Mignon topped with red wine sauce served with bacon mashed potatoes and grilled asparagus. $22.00 Salmon with sweet corn risotto and roasted red pepper butter sauce $18.00 • Pan Seared Ahi Tuna served with Jasmine rice and tempura vegetables and lemon herb vinaigrette $18.00 s! KENT BURTON BRAD N. BAKER ALBRo L. LUNDYIII Via Hand Delivery Hermosa Beach Planning Commission 1315 Valley Drive Hermosa Beach, CA 90254 Re: Saffire/Pointe 705 Club 705 Pier Avenue Gentlemen: BAKER a �'v r c January 9, 2007 ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 515 PIER AVENUE HERMOSA BEACH CA 90254-3889 TELEPHONE: 310 • 376-9893 FACSIMILE: 310 • 376-7483 RECEIVED JAN 0 9 2007 COMMUNITY DEV. DEPT. This letter is being sent in regard to the upcoming Planning Commission hearing, scheduled for January 16, 2007, which concerns potential modifications to Maximoore, Inc.'s conditions of approval regarding'the conditional use permit, in order to address any lingering concerns the Planning Commission may have. As you know, my client, Maximoore, Inc. intends to partner with Mr. Steven Seagal in establishing a premier sushi bar and restaurant. Maximoore will strive to create a sushi bar and restaurant of which the City of Hermosa Beach can be proud. Maximoore's plans are to develop a destination location that will serve to attract the type of excellent clientele which the City of Hermosa Beach desires My client is also seeking to change the negative image that exists in the minds of Hermosa Beach residents regarding Pointe 705 which is affected by the negative attitude toward the Pier Plaza. According to the figures supplied by the Hermosa Beach Police Department in the report attached to the the Planning Commission Report, the majority of Saffire/Pointe 705's violations (8 total) were noise related with the last recorded noise violations noted on July 7, 2006 . The Summary of Violations reflect the call outs (a police department term used to indicate calls made and responded to) from February 2006 to July 2006. In specific regard to these noise violations, according to The City of Hermosa Municipal Code -Health and Safety, Chapter 8.24, Section 8.24.030. Prohibited Noises -General Standard, it is provided in pertinent part that: "No person shall make, or cause to suffer to be made upon any public property, public right-of-way or private property, any unnecessary and unreasonable noises, sounds or Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 2 vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons within the neighborhood from which said noises emanate or which interfere with the peace and comfort of residents or their guest, or the operators or customers in places of business in the vicinity, or which my detrimentally or adversely affect such residents or places of business. 8.24.040, Specific Prohibited Noises, Section I. Commercial establishments adjacent to residential property, provides in pertinent part: "Notwithstanding any provision to this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential units propertyline." It is to be pointed out that a violation of the provisions of this chapter constitute a mere infraction. According to Xavier Flamenco, the manager of Saffire, the majority of the noise complaints came from the trailer park which is across the street and caddy -corner to the establishment. According to information and belief, the majority of these complaints were generated by Karen Bruns, who resides in the trailer park and is a person with whom City Hall and the Planning Commission should have more than a passing familiarity. It should also be pointed out that when the recent acoustic study, commissioned by the new owner, was conducted, the engineer who conducted same used a decibel meter to detect if any noises coming .from the club could be heard by the trailer park residents. The signals from the decibel meter proved to be so small as to render them essentially undetectable from anywhere outside the club. In fact, one of the noise complaints was made on a day when Saffire was not even open. Accordingly, it appears that the majority of the past noise complaints were about noise emanating from the parking lot and surrounding environs. Otherwise, it does not appear that Saffire was in violation of any ordinance concerning the noise levels inside the premises. It should be taken into consideration that the new owner, Maximoore, Inc., is making an unprecedented and costly effort to ensure that no further noise violations will occur that might disturb any residential unit in the area as follows: 5-3 Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 3 According to the Business Summary for Saffire/Pointe 705 Pier Avenue, submitted by the new owner, the business has been operating.under a temporary license since June 28, 2006, when the operations were taken over by Maximoore, Inc. In specific regard to the noise incident of 7/7/06; according to Mr. Flamenco, the manager, (and the police history), this was due to a crowd that had gathered on the side walk in front of the business. Mr. Flamenco stated that his security personnel has been instructed that no one should be allowed to loiter in front of the parking area or on the sidewalk in front of the business but, since this incident took place only 9 days after Maximoore had taken over, there had not been adequate time to hire and train additional security personnel in order to ensure that this situation could have been avoided. Further, while there was the one police call out because of excessive noise on 7/7/06, since Maximoore took over, there have been no more call outs for noise violations since that time. One of the reasons for this is that in July of 2006, when Maximoore took over the operation of the business, it increased the number of security guards from about five guards when Mr. Miller owned the business to now having 12-15 guards per shift on a regular night (also, as noted in the aforementioned Business Summary) More guards are to be hired if there is going to be a special event. Further, since Chief of Police Savelli had expressed to the new owner and Mr. Flamenco that one of the major issues the police department had with Saffire was the noise emanating from the parking lot, as part of their training, the security guards are given specific instructions and orders that they are to, clear the sidewalks in front of the business and adjacent parking areas of anyone who might be loitering there or otherwise creating a disturbance. The guards are also required to remain on duty after the business has been closed for a reasonable length of time to ensure that the patrons are gotten outside as quicky and quietly as possible and to check to see if the parking area and sidewalks are clear. They are also instructed to tell people that they are to. be quite because the parking lot echos and there are residents nearby. In addition to its increased security personnel, Maximoore has also engaged a parking lot attendant to ensure that there will be no unseemly noise emanating from that area, either before the business is closed or afterwards. Therefore, it is posited that, in light of the precautions (and expense) the new owner has gone to in order to ensure that Saffire will not be in violation of any noise ordinance, the Planning Commission should take note of the fact that any noise violations, including the sidewalk in front and the parking area are now a thing of the past. It appears that of some concern to the Planning Commission are the violations which concern overcrowding ( one violation on 6/10) and assaults (seven violations, but with only two incidents occurring on 7/9 and 7/15, after Maximoore had taken over the business). According to the police document submitted by Sargent Heard, which purports to outline the police department's ongoing concerns about Saffire, on July 9, two men reported that they were assaulted by two employees of the business. Sargent Heard then states only that the case is Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 4 currently under investigation. The Planning Commission should be advised the statements made by Sargent Heard are not entirely accurate concerning this event. In fact, according to manager Xavier Flamanco, the complainant was an underage and intoxicated individual who had to be removed from the premises a total of three times that evening. Each time, prior to being removed by the security guards, he would hold onto the doorframes and refuse to leave. He also took a swing at one employee and punched the owner. Finally, he went off with two other individuals who apparently were friends. Mr. Flamenco has no idea who the other person is that claims he was assaulted, but speculates it could have been one of the persons with whom the intoxicated individual left. Additionally, the police who arrived in response to the report were advised of the situation and left without citing anyone employed by Saffire. Also, in the aforementioned document engendered by Sargent Heard, it was stated that: "On July 1, 2006, officers were dispatched to a report of a kidnapping (sic) at the business. The involved party was reported to be an employee who was involved in an altercation with a female companion. Both were reported to be under the influence of alcohol. A report was not filed. At this time there is no investigation. Officers contacted a subject in front of the business and subsequently arrested him for public intoxication." Actually, said employee was a female contract worker who had only worked at Saffire on one occasion. Her girlfriend had apparently left with another individual. Since the contract worker was too intoxicated to drive herself home, she called the police. Additionally, the additional statement by Sgt. Heard that "Officers contacted a subject in front of the business and subsequently arrested him for public intoxication" does not seem to relate to the reported kidnaping, inasmuch as it refers to a "him" without more, does not state whether the person was arrested while walking past the business or had emerged from the business or otherwise, or identify what connection he made have had with the incident, although it appears that Sargent Heard is indicating that there is a connection. Given the above, it is proposed that this cannot be considered to be evidence of any wrongdoing on Saffire's part. The one incident report on June 10, 2006, of overcrowding at Saffire also should be examined carefully. It has already been pointed out that this was before the new owner took control. And, in regard to the rescue call, it was initiated by Saffire's employees, not a customer as stated by Sgt. Heard. When the Fire Department arrived in response to Saffire's call, it was observed that the premises were overcrowded. According to Mr. Flamenco, while the overcrowding was partially because two parties had been accidentally booked for the same evening, prior to the time the Fire Department arrived he and the other employees had become aware that the premises were overcrowded and were in the process of making people leave. However, unbeknownst to Mr. Flamenco, a promoter who had helped to organize the event was • 55 Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 5 letting people (as many as twenty people at a time) in the back door as Mr. Flamenco and his personnel were making people leave. It was not until a fire department paramedic observed the behavior of the promoter and told Mr. Flamenco of same, that this person was stopped. It is to be noted that Saffire was only over its allowed occupancy capacity by 78 persons. Further, it is also to be noted that Mr. Flamenco's citations regarding the matter were dropped by the prosecutor due to these extenuating circumstances. Other than the above outlined incidents, it must be reiterated that since the new owner has taken over Saffire, there have been no police or fire department calls out with the exception of an incident that occurred in either late October or early November of 2006, when a promoter and Mr. Flamenco, the manager, got into a dispute. The promoter called the police (only after Mr. Flamenco threatened to call them). When the police came, they took the promoter outside and placed him in handcuffs. They then asked Mr. Flamenco if he wanted to prefer charges. When he said no, they released the individual. As can be seen, this call out incident was clearly not either Mr. Flamenco or Saffire's fault. There was also an incident in January 2007 (New Years's Eve) where there was a fight in the parking lot across the street in the skate park, but Saffire was totally uninvolved. It also should be noted that Mr. Flamenco arranged a meeting in September of 2006, with the Chief of Police, Greg Savalli, the Senior Planner, Ken Robertson and Sargent Lance Heard (as aforementioned, the individual who submitted the Police Report History of Saffire's violations attached to the Planning Commission Report) to address any concerns that might be lingering regarding the operations of Saffire. During the course this meeting Mr. Flamenco stated to Chief Savelli that Saffire had really cleaned up its act; the Chief acknowledged this point, making the observation that it had been quite a while since the police had been called to the business. While the Planning Commission Report, under the section titled "Analysis," notes the Police Chief has not suggested the presence of additional doorman or security personnel but has recommended that the Commission modifying the current CUP due to the large number of Police Department calls to the property, this is no longer the case. As the Planning Commissioner must be aware, the proposed Resolutions by staff concerning modifications to the conditions of approval regarding the conditional use permit (CUP), if adopted, could well spell the death knell for a business that is proposing to bring an elegant upscale restaurant and lounge business to Hermosa that is sorely needed. In particular, Section 3, proposed Resolution No. 4, which proposes to limit the restaurant, including the lounge/bar areas, operating hours to between 7:00 a.m. and 12:00 midnight, if adopted, will probably kill the final sale This will leave Hermosa Beach with another vacant restaurant Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 6 inasmuch as the former owner is insolvent and it will be difficult, if not impossible, to find any purchaser who would be willing to buy the business with this restriction in place. Also, the Planning Commission should take note that the staff proposal, in Section 2, takes note of the fact that the repeated patterns of disturbances and other violations was determined to be the result of poor management, etc. Inasmuch as the former owner is no longer involved in the operations of the business and the new owner, Maximoore, Inc., has made considerable strides in reorganizing management, upgrading and expanding staffing, and implementing new supervisory techniques, as pointed out above, (all of which appear to be the main matters of concern to the staff suggesting the modifications) these factors should be taken into serious consideration before adopting any of the proposed modifications wholesale. As indicated, Maximoore seeks to create an environment where mature patrons can enjoy a fine dining experience in a relaxed atmosphere, where they can enjoy excellent wines and spirits in a safe, non -intimidating environment. The new Seagal establishment is exactly the type of restaurant that the citizens of Hermosa Beach are hoping for, a restaurant which will eliminate the unruly drunkenness that currently prevails in this city on Friday and Saturday nights. As the Planning Commission knows well and which I believe is an unwritten policy at the present time, our community desires a new culture in its restaurant establishments. But, Maximoore needs to be profitable to survive. The Commission is well aware that the survival of restaurants is tenuous at best. We see restaurants fail every month. The Seagal establishment must create a place where people want to come and spend their money. It is crucial to the survival of the restaurant that it be able to provide its patrons with an evening out that does not have to end prematurely. The business model and plan requires that the Seagal establishment retainits current CUP provisions, including hours of operation. The Seagal customers will enjoy themselves responsibly in the safe, relaxing environment. Maximoore does not want to have to arbitrarily cut short their evening, especially considering the fact that they will have made a significant financial investment to go out for an evening to a fine restaurant. If the hours are shortened, the Seagal establishment will be unable to compete with fine dining restaurants in other beach cities, most of which are open until 2:00 a.m. The City of Hermosa Beach needs to attract the type of businesses and patrons which will change the culture of the City, especially on Friday and Saturday nights on both upper Pier and Pier Plaza. Should you have any questions concerning any of the above, please do not hesitate to contact me at once. Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Pagel ALL:sr Thank you for your consideration concerning these matters. Yours very truly, BAKER, BURTON & LUNDY, A Press)n. f 0 •oration ALBRb L. LUNDY, III 11/29/2006 Club 705 705 Pier Ave, Hermosa Beach 90254 RECEIVED NOV 3 0 2006 COMMUNITY DEV. DEPT. Business Summary for 705 Pier Avenue OWNERSHIP Robert Miller technically still owns club 705 as a sole proprietorship. Robert is currently in escrow with Maximoore Inc. and the escrow is being delayed by the city's administrative action. Maximoore Inc. is owned by Arkadi Minassian and Tim Moore with Arkadi as the main partner. Arkadi has recently taken lead as General Manager pending a possible new deal, partnership, or entity. Maximoore Inc. has a letter of interest from Steven Seagal to enter into a licensing agreement for his Name and other licensing of his trademark merchandise, possible live shows and other to be named activities. STATUS OF TRANSFER The statusof the pending sale with Robert Miller and Maximoore Inc, is subject to a few issues and it is a little complicated. The primary hurdles are the CUP. hearing with the city of Hermosa Beach and ABC license transfer. Robert Miller has recently become financially insolvent because the financial condition of the business under his ownership was less than what he had expected. He also lost his job at American Honda Motor Co. last year and has been unable (neurological disorder) to work. All of his assets were used to purchase this business and he needs to sell it in order to survive financially. Maximoore Inc. had to pay some expenses for Robert Miller before the close of escrow in order to save the business. If the escrow can't close, Robert is in no position to repay Maxirnoore for the money that was needed to save the business. If the city and ABC make it impossible to close escrow, they put both the buyer and the seller in a precarious situation. The buyer can't have what he has already paid for and the seller is stuck owning a business that he does not want and can't afford. The matter is further complicated by the fact that Robert Millers home is still being held as collateral by the SBA bank holding the note on the business loan. lithe SBA loan payments are not made, Robert will lose his home. • i The pending sale obviously affects both parties in an unusually complex financial way and it is financially detrimental to both parties (possibly rendering one with no home) if escrow does not close. If the escrow is allowed to close, then Robert Miller can keep his house, try to get well, and leave the future of the business to Maximoore Inc. Maximoore Inc. will then be able to pursue the proposed deal from Steven Seagal to turn this business into THE SEAGAL CLUB. MANAGEMENT Maximoore Inc. would like to operate a business at 705 Pier Avenue. The basic plan incorporates the existing conditions of the licenses and conditional use permit for the location. Maximoore Inc. has not expressed any intent to modify any terms or conditions of either the ABC license or the CUP. This misunderstanding was caused because the previous owner let the business become more of a bar than a restaurant. He did not have the financial solvency to create a much-needed classy place for people to dine. This lack of an upscale restaurant customer base also affected the quality of the general patrons. Enclosed is a copy of the terms for the pending transfer of the liquor license showing the transfer of a type 47 an sale general type eating -place. Arkadi Minassian will initially (pending a new deal) oversee the operations as President and operating partner of the company. Mr. Minassian owns several businesses including various successful restaurants, jewelry stores and manufacturers. Managers Xavier Flamenco and John Conachy will be on duty overseeing floor operations daily. Mr. Flamenco has worked in the industry for twenty-four years including eighteen in management. He has been a part of the staff at 705 Pier Ave. for eight years in various positions and is currently employed as the General Manager. His history with the business aids in the return to the original business practices of Pointe 705. Mr. Conachy has worked in the industry for thirteen years in five different countries. His background covers all aspects of the industry from one of the largest clubs in Europe to fine dining. This location has operated as a restaurant, lounge and nightclub for over 8 years. The original plan done in 1998 for Pointe 705 established an upscale dining room, sushi lounge and nightclub. This original plan enjoyed long term success because of the different aspects of the business that complimented one another. The management team back in 1998 (Scott and Shane McColgan) believed that the business could only succeed with the three parts, food, beverage and entertainment, working in conjunction with each other. The current management team believes that the original business model of Scott and Shane holds true for today as well. The goal of current management is to bring the business back to its original business plan. The long-term success at this location will only be achieved by returning to the original, model and having a classy restaurant anchor the business with entertainment as a supplemental form of income. The basic business plan will call for an upscale dining room as the main foundation for the business. The plan will also establish a sports lounge and nightclub. The plan also reflects the intent to return to basic business practices of the original Pointe 705 plan including special events and fundraisers. • • The dining room will operate from 11 am until midnight daily. The menu will consist of Sushi and upscale cuisine. The dining room will establish the customer base for a base income for the business as well as cross over clientele for the sports lounge and nightclub. The basic floor plan will remain the same. The main change is to build a large sushi bar, which will decrease the size of the existing liquor bar, adding permanent dining seating. The sports lounge will be a more casual theme featuring a scaled down version of the dining room menu as well as traditional bar appetizers. This room will more suited for a relaxed atmosphere and will present sporting events on 15 TVs including 7 wide screen plasmas. The Sports Lounge will also act as a waiting area for the Dining room and a main entrance to the entire venue. The sports lounge will operate from 5 pm until 2 am Monday thru Friday and 11 am until 2 am Saturday and Sunday. The nightclub will be the main source for entertainment. This room will feature Ballroom type dancing such as Salsa on weeknights and DJs or the occasional band on weekends. Also, the nightclub will host fundraising events for local school organizations and charities as well as special events. Already in the works are events to host Mira Costa's Jazz Band, the PS, I Love You Foundation and Children's Hospital. This practiceis to establish the venue as a part of the community and not just as a business in the city. An acoustic study has been ordered by Maximoore to comply with city noise ordinances and to eliminate any audible noise near residences. Results of the report will be reviewed with city officials to make any repairs or changes deemed necessary. MARKETING Marketing will be done through newspaper and magazine advertisements, emails, and flyers (in-house and with local agreeable businesses) as well as TV and radio advertising. All shall be in accordance to local ordinance specifications. ADDITIONAL MANAGEMENT Currently a deal is in the works to license the name of Mr. Steven Seagal and operate a high end Japanese and Sushi restaurant. Mr. Seagal would also use the nightclub as a venue to perform with his band. The deal would include prominent Japanese businessmen and the main target market would be Japanese businessmen and captains of industry as Mr. Seagal has maintained a very strong fanbase in Asia. The restaurant and club will be available to the general public and will include visits from celebrity friends of Mr. Seagal. This deal is contingent on the granting of permits and licensing of the business. The basic business practices would remain the same as would the hours of operation and management. Steven potentially has big plans for this business if the cloud over it is lifted. Steven Seagal is actually law enforcement both on the state (Louisiana) and Federal (Interpol) levels. He would make sure that the business was run according to his own tough standards. 41 Management staff will grow if a proposed deal with Steven Seagal is made. As Mr. Seagal's staff would incorporate with current management. The basic plan will remain the same but a management company, Lorain Entertainment, according to Steven Seagal's creative, artistic and quality control of the business would supervise all of the entertainment in the club. The restaurant operations will be overseen by a restaurateur that is a legend in the art of fresh sushi and authentic Japanese cuisine. The theme of the restaurant will change to the decor like that of a Japanese teahouse (dark and light woods, fresh plants and flowers, and bamboo) with exceptional product, company, and service being the focal points. For entertainment while dining, traditional Japanese singing and dancing will accompany the fine cuisine. The business will be a show house for Stevens's music, CDs and possible live performances. He will also use the business to showcase and promote his new products such as his new energy drink (Lightning Bolt). He is also interested in charity fundraiser concerts and awareness benefits. He expressed interest in doing a charity event in January if all goes well. He has many influential friends both in the theatrical and music business. Japan Trade USA Inc, and Japan Trade Inc, official licensee of Paramount Picture movie theme park is also interested in using the club to help promote its new multi -billion dollar movie theme park being built in Japan as the South Bay is home to a large population of Japanese nationals. A deal is in the works to sell junkets to Japanese tourists who will come here from Japan (Steven is huge American star in Japan) to see THE SEAGAL CLUB. It will be a Mecca of sorts for his growing fan base. Musicians, Celebes, CEO's and fans from all the world will fly into LA to visit THE SEAGAL CLUB. MANAGEMENT POLICIES Maximoore Inc. has been operating under a temporary license since June 28, 2006. Since taking over, Maximoore has implemented many new policies to maintain a comfortable atmosphere and restore good faith with the community. These changes involved management, security and parking. The change in management began with Arkadi Minassian taking a more active role as head of operations. The termination of previous management, including one member of Maximoore's original management team, was deemed necessary to renew the role in the community and establish the business as a good neighbor. Because of the lack of sufficient and properly trained security (mainly because the previous owner was insolvent), a new security company was hired soon after taking over operations to alleviate crowd control problems. The policies set were: to increase the number on staff to 12-15 per shift; expand the number of nights with security staff on duty from Wednesday - Saturday and use of trained staff members. The main goals were to manage crowd control, keep the streets and sidewalks clear and to eliminate any nuisance including noise emanating from the parking lot especially at closing. Also, Maximoore has Valet and/or a parking attendant stationed from Wednesday thru Saturday to further control noise from the parking lot. The past owner did not have the resources to hire such a staff. CONCLUSION In conclusion, Maximoore wishes to operate a business in the City of Hermosa Beach not only in compliance with ordinances but also as an active part of the community. We took over operations on June 28, 2006 and have already implemented policies to better comply with city standards and to be a better neighbor. We have renewed contacts with local schools and charities. We have maintained a respectful atmosphere during our short time here and have welcomed advice from local Police and City officials. The result is far less intervention of Police and/ or Fire departments. Maximoore respects the need for a business to comply with ordinances and we feel that we have already taken steps to become a respectful part of this community. Acknowledged by: Arkadi Minassian, President Audio .A La Carte Mark Nathanson 15205 Grevillea Avenue Lawndale, Ca. 90260 (310) 502-7502 RECEIVED JAN 1 6 2007 COMMUNITY DEV. DEPT 11-24-06 Acoustic Sound Survey of Club 705 Club 705 is a restaurant and nightclub lounge located at 705 Pier Avenue in Hermosa Beach, Ca. The attachment pages are a basic floor plan (not to scale) showing acoustic and amplified audio signal wave levels at various locations inside and outside of the business. Attachment 1 show the "A" numbers in green ink and refer to electronically measured sound Decibelvolume levels at the location of the number. "A" refers to active sound waves of full range above 500 HZ to 10KHZ and indicate the weighting scale normally used outside . Sound Systems equipped with sub -woofer amplifying sub -harmonic waves are full range beginning at the 32 HZ range of the low end of the sound spectrum range and are signified as "C" and are shown on attachment 2 in red ink. The "C" measurements are recorded using fast response metering and are most accurate, however, indicate absolute highest peak levels which are not constant. The "C" levels measured are of the weighting scale normally used inside of buildings and dwellings. They are usually random and occur occasionally throughout music playback. In my opinion, the measured levels recorded were quite normal and O.S.H.A. compliant with this type of a business. 1 recommend to this business that sound absorbing materials be added in locations shown in green ink on attachment 3. Large heavy curtains and carpeting as well as cloth covered furniture's (couches) are good and effective solutions to dampen sound levels. Professional sound absorbing materials certainly work well, and are available at most local chain music stores. 1 also recommend that the outer doors be kept closed during business hours when higher sound levels are produced. Additional dual paned window glass doors would also be options to reduce outside noise. SUPPLEMENTAL INFORMATION Wyt F. 86 82 82 74 Sidewalk 90 80 Patio 3 Patio 2 Patio I CIu47O5 -Sound Surve$Results- V.I.P. Restaraunt seating area 100 94 Bart D.J. Booth Stage &V.I.P. ti Kitchen Bar I 95. 90 108 102 Dancefloor V.I.P. Red number readings: Highest Peak Levels Green number readings: Average Levels w5 Parkii Lot 86 82 82 74 Sidewalk 90 80 Patio 3 Patio 2 Patio 1 Out 495 -Sound Serve. esults- Restaraunt seating area 100 94 Bar2 D.J. Booth Stage &V.I.P. Kitchen Bar I 95 90 108 102 Dancefloor V.I.P. Red number readings: Highest Peak Levels Green number readings: Average Levels Club 705 Nightclub - Noise Case Study The acoustic design of any nightclub is full of conflicting requirements. Clearly, the shell must be acoustically strong enough to contain the music noise levels, which must be established in advance, along with background noise levels in the community and an agreed acceptable music noise level in the community. Hermosa Beach has CUP levels outside of this type of business at 85 db. and at other local establishments. The operator(s) will be under pressure to increase noise levels by customer requests, while other parts of the facility (such as the restaurant, bathrooms, office, etc.) will require some quiet. Noise -at -work regulations need to be considered for employees while maximizing on -dance -floor noise levels. Finally, the contractors who treated the restaurant and nightclub, were on a fixed price agreement. By careful acoustic design of the nightclubs inner shell, and joining rooms, the operator(s) can achieve target noise levels in the community with adequate on -dance- - floor music levels. Detailed modeling of the acoustic climate of all parts of the club was carried out and the sound system specification "installed" in the suggested re -positioning of the speakers during re -model. By careful redesigning of the acoustics and the sound system, all parts of the nightclub can be covered with clear, high-quality music at a lower level, while high on -dance -floor levels were maintained. Employees have benefited from acceptable occupational noise exposure, bar communication was improved, and music was intelligible in all areas resulting in more widespread dancing and general enjoyment, and less crowding. Additional suggestions such as new installed double paned doors and windows in the lower main lobby will be effective in lowering SPL's (sound pressure levels) . See attachment diagram for locations. At the operator(s) request, I measured outside levels at 85 db and below, with current improvements. I then was asked to measure levels in the immediate areas around the corner and across the street from the business and found the local traffic readings to be above the businesses highest measured levels at those locations. In conclusion, it appears that the business is not generating excessive noise levels, however, the underground common parking structure for the plaza that faces west is random with bursts of auto and truck noises and people visiting the various businesses in the plaza and surrounding area. Burgers & Sandwiches All served with French Fries Hamburger Regular or add cheese or bacon add .50 each $6.00 Mushroom Burger Fresh mushroom topping sauteed in white wine and Dijon mustard topped with Swiss cheese $7.00 Blue Cheese Burger Topped with melted bl bits Charbroiled Chicken San Charbroiled chicken breast s onions. Try it blackened! 705 Chicken Sa Charbroiled chip topping and S Hot Buffalo Crispy fried chic celery sticks an rs, onions and bacon $7.00 with lettuce, tomato and $8.00 ::. st covered with our fresh mushroom aventurt New York Steak Sandw'dt5 07A bene Colli Tender steak grilled to or izZig tomato and onion w " $10.00 Mushroom topping add $i.000 Blue Blue cheese topping add $1.00 $9.00 d with $8.00 Itstlassiew averso. olio twomicre Appetizers Fried Calamari Served with choice of cocktail sauce or our own spicy ancho- chili mayo. $7.00 Jalapeno Poppers A favorite around here. Served with ranch dressing $6.00 Mozzarella Sticks Served with marinara dipping sauce $6.00 Potato Skins Covered with melted ch ranch dressing Chicken Strips Served with fries and ranch dre ''`"a `g th melted cheese, served with sour $5.00 $7.00 $8.00 Siions, served with $7.00 Quesadilla Large flour tortilla cream and salsa Chicken Steak or Shrimp Buffalo Style C Fried golden and tos pe Yl 'th celery sticks and r 8.0 • 'ry, $ 0 or .> • Chicken Tacos ,�,�u Charbroiled chicken breast/Vag l tdrel grid our pico de gallo salsa "mow. R+ $8.00 0 Fish Tacos 310.37 $8.00 Shrimp Tacos Onion Rings French Fries $9.00 $9.00 $5.00 $4.00 Salads Mixed Green Salad With your choice of dressing $4.00. Caesar Salad Crisp Romaine lettuce tossed with our Caesar dressing, croutons and topped with parmesan cheese $6.00 Chicken Caesar Salad $8.00 Steak or Shrimp Fried Chicken Salad Crispy fried chicken se mixed cheeses and gree Entrees $9.00 ens topped with ch dressing $8.00 New York Steak Dinner Grilled to order served with maL9d potatoes mixed green salad. Shrimp Scampi Served over linguini Fish and Chips Battered and f sauce Salmon Dinner Sauteed in a or fries and $19.00 $12.00 and tartar 9.00 mashed potato 705 Chicken 'th .a ,e.,p,,, 2 18.00 a 705 t�""er' ,� ' cry zi'. Breast meat sauteed with 1i ,�� mustard. Served over lzgu� 10-37°' Dijon $11.00 I.Jf .Wtt a/ s<.as a7 vJJawu J./UKl ...".4.1 .11..11.1 1A WV./ 1 YY YY VY.UVY.LYI.6V Y! Ua1 .J1 U Ll jNLA 1 A.00,1A:lV-4VLL 1 J 1.. 1'? California Department of Alcoholic Beverage Control. License Query System Summary as of 11/28/2006 License Information License Number: 441937 Status: PENDING Prunary Owner: MAXIMOORE INC ABC Office of Application: INGLEWOOD Business Name Doing Business As: CLUB 705 Business Address Address: 705 PIER AVE Census Tract: 6210.01 City: HERMOSA BEACH County: LOS ANGELES State: CA Zip Code: 90254 Licensee Information Licensee: MAXIMOORE INC Company Officer Information Officer: FLAMENCO XAVIER A, CHIEF FINANCIAL OFFICER Officer: MINASSIAN ARKADI, PRESIDENT Officer: MOORE TIMOTHY LEE, SECRETARY/ASST SEC License Types 1) License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: PENDING Status Date: 28 -JUN -2006 Term: Month(s) Original Issue Date: Expiration Date: Master: Duplicate: 0 Fee Code: NA License Type was Transferred On: From: 413089 2) License Type: 30 - TEMPORARY PERMIT License Type Status: ISSUE Status Date: 28 -JUN 2006 Term: Month(s) Original Issue Date: Expiration Date: Master: Y Duplicate: 1 Fee Code: NA Current Disciplinary Action . No Active Disciplinary Action found .. Disciplinary History _ . No ..Disciplinary History found 1 of 2 11/28/2006 3:34 PM Steven Seagal 2282 Mandeville Canyon Road Los Angeles, California 90049 (310) 476-8700 November 18, 2006 Arkadi Minassian, President Maximoore, Inc. 4470 West Sunset Boulevard, Suite 107 Los Angeles, California 90027 Re: Non -Binding Letter of Intent Dear Mr. Minassian, This letter acknowledges that I am considering allowing the licensing of my name only, to Maximoore, Inc.; for the purposes of its use in relation to an upscale Japanese -private club you are opening in Hermosa Beach, California. By signing below, I am agreeing only to consider the licensing of my name, and this letter is not binding on me in anyway should an agreement not be reached. If I choose to agree to the licensing of my name, any and all usage will be subject to my personal satisfaction as to how the name is being used. All activities involving the club and the usage of my name will be contingent upon my direct approval, as will be the locale chosen for the club. • Any agreement we may enter into must include a complete indemnification by Maximoore, Inc. should any liability arise with respect to the use of my name or any other matter involving the club. You must maintain insurance coverage in an amount to be determined by me to insure that I will face no liability whatsoever. Further I will receive a percentage of the gross receipts from the club, which will be determined prior to any agreement reached. Theforegoing constitutes only the minimum conditions precedent required, and all further conditions will be decided upon should I agree to the licensing of my name. This letter remains non-binding despite any consideration paid to me by you in return for my signing this letter. Any and all consideration paid is non-refundable. Acknowl - + ged by: Arkadi Minassian, President Sincerely, Steven Seagal 71 Alcoholic Beverage Control 3927 Lennane Drive Suite 100 Sacramento, CA 95834 RE: .705 PIER AVENUE, HERMOSA BEACH LICENSE TRANSFER REQUEST TO: MAXIMOOR INC. July 17, 2006 RECEIVED OCT x 2 2006 COMMUNITY DEV DEPT. The transfer of the "on sale" alcohol license from Club 705 to Maximoore Inc., notice date June 28, 2006 is protested, as outlined below. - 1. The new existing club conducts operations under the name of Club Saffire Nightclub Lounge located at 705 Pier Avenue, 1-Iermosa Beach. This "adult" entertahunent-nightclub-lounge conflicts with the original Conditional Use Permit granted by the City of Hermosa Beach. It is essential, for the City of Hermosa Beach to have necessary time and opportunity to. evaluate this C.U.P. transfer request. 2. Club Saffire is a tenant within a shopping plaza, located on a central thoroughfare, near neighborhood, community facilities, and supermarket. The adult entertainment venue has staged women "pussycat dancers" scantily clothed in the storefront's window to lure and solicit business. The club keeps "lights out" (dark environment) during hours of operation: The environment cultivated at this location is dangerous and threatens residents' sense of security. 3. The club is located directly across the street from a historically significant educational facility "Pier Avenue School." The school has been a distinctive landmark and source of community pride for Hermosans since construction, 1920s. The school site serves as a multi-purpose community center -park, which includes children programs and a skateboard park. Measures may be implemented in the future, to resume operation of this cornerstone school. A priority for our community is to safeguard the desirability of our educational and community center. An alcohol outlet at this location negatively changes the character. As outlined, this letter represents a protest of the license transfer and continuation of alcohol licensing at 705 Pier Avenue. The proliferation of alcohol outlets has become the destruction and degradation of neighborhood and community. Notice of all future hearings concerning this matter, is requested. My mailing address is: P.O. Box 1616, Manhattan Beach, CA 90267 Respectfully, //Pattygerer Her osa Beach cc: ABC, Inglewood, CA. TO: City of Hermosa Beach FROM: Residents DATE: December 6, 2006 RE: CLUB 705, CUP REVOCATION/MODIFICATION HEARING ftNeEivED DEC 088006 e/t5mivauNITYDV,, DEPT Revocation/Modification of Conditional Use Permit Proposal made by Arkadi Minassian "applicant" in letter dated November 29, 2006 will insure chronic nuisance conditions. Applicant seeks to establish a "sports bar" that features amplified music, special event promotions, and live entertainment, and oversized plasma screens. The proposed business will conflict with the surrounding residential area. Furthermore, the flagrant disregard of CUP conditions, state statutes, and municipal code has been demonstrated. Violations during 2006 have included, Staged sexual exhibitions in the storefront window using erotic dancers. Closure of restaurant operation, unauthorized. > Advance ticket sales and/or "cover fee" at the door to gain entry. > Promoted events which excluded persons under 21 yrs. of age. > Overcrowding conditions in violation of Fire Code. A. Recommended Action: To revoke the "land use" permits for entertainment and alcohol. B. Restrictive Modification: Terms to include; Promotions 1. NO advance ticket sales or cover charges to gain admittance. 2. NO promotional events. 3. NO gatherings based upon "standing room" only. Alcohol 4. Alcohol sales to be accounted for separately from food. Gross income received from alcohol NOT to exceed 50% of the gross sales from the food trade. 5. License type to be changed to wine and beer sales only. 6. Alcohol served in conjunction with ordering a meal. 7. NO meals would be served in bar. 8. NO serving of alcohol to persons who are obviously intoxicated. 9. Existing three (3) bars to be reduced to one. 10. Alcohol to be served to those seated. People standing and drinking NOT allowed. 11. NO promotion of alcoholic drinks such as "drinks 2 for 1" or reduced pricing for refills. 12. NO "bottle to go" service. Advertisement & Marketing 13. Advertisements, handbills, postcards, or promotions identifying "adult entertainment" will NOT be allowed. (Example; pussycat dancing, lingerie modeling, sexy clothing contests, or age restrictions.) Page 1 of 2 73 SUPPLEMENTAL tra INFORMATION • 14. Promoters, property owners, leasing agent, lessee and club operators all to assume responsibility for prevention of nuisance conditions, and content of marketing materials. 15. NO littering of posters, event flyers, decals, or handbills. 16. Billboard restrictions. Entertainment 17. NO private rooms, curtained booths, or temporary doors that create privacy. ' 18. NO amplified music, live entertainment, performance platforms, or stages. 19. NO scantily clothed persons or exhibitions in the storefront window. 20. NO electronic plasma screens in view from the street or sidewalk. 21. Plasma screens NOT to exceed a size of 3' in length/width. 22. NO adult videos. Hours 23. Monday -Friday 4:OOpm-10:OOpm. Saturday and Sunday 11am-lOpm. These hours would apply to the entire business (bar, restaurant, and dance floor.) Operation: 24. Open to general public. 25. NO private club, sports bar, lounge, nightclub, or auditorium. Dress Code 26. Dress code applicable to all guest entertainment, employees and patrons. 27. Attire designed or worn to expose private body parts, banned. 28. NO swimsuits, lingerie or bare chests. Windows 29. Heavy window coverings (room darkening) to be eliminated. Terrace 30. NO standing, drinking or sitting in patio -terrace fronting along Pier Avenue. Security 31. Cordoning of sidewalk, impeding the right-of-way of pedestrians, prohibited. 32. Valets and garage security to remain off sidewalk. Parking 33. Free parking to be provided patrons within designated parking structure on Ardmore. Page 2 of 2 • Yu-Ying Ting Page 1 of 1 From: romans.10.9@juno.com Sent: Tuesday, December 05, 2006 3:58 PM To: Yu-Ying Ting Subject: To the Planning Commission Hello, ,„:0EIVED id-Ee 0 5 2006 COMMUNITY DEV. DEPT. I am writing to ask you to take great care in granting changes to the restaurant/bar at 705 Pier Avenue. Lower Pier Avenue is already rowdy and crowded, please don't bring that to upper Pier. I am a walker, with family, friends, visitors and dog. We enjoy the stroll down Pier Avenue to the beach at all hours as well as daily life to library, post office, restaurants, and shops. If this restaurant gets more seating, more waiting areas (or at least an outside area) and live entertainment it most likely will bring noise to the neighborhood, will push the crowd and noise outside and onto the sidewalk itself. This restaurant is almost at the gateway to Hermosa Beach, a potentially terrific dinner and afterspot for the theatre across the street, instead it will be a noisy, drunken, unsightly bar -barely -restaurant. It will smell like booze and won't even be a nice business lunch restaurant. I think that would be a disgrace to Hermosa Beach. Let them go to lower Pier to party and let some part of Hermosa Beach remain civilized. I just envision that these changes will encourage drunks, indecent mating rituals and the use of Pier Avenue and the parking lots as 'facilities.' Please don't let 705 Pier Avenue behave more like a bar than a restaurant. Thanks for listening, Sharon Lubin Redondo Beach 12/05/2006 SUPPLEMENTAL INFORMATION • Subj: Modification or Revocation of CUP, 705 Pier Ave. Date: 11/30/2006 2:05:55 P.M. Pacific Standard Time From: PEgerer To: cityclerk©hermosabch.orq November 30, 2006 Sol Blumenfeld Director of, Community Development City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: MODIFICATION OR REVOCATION OF CUP HEARING, DEC 6. 2006 Dear Mr. Blumenfeld: Page 1 of 1 RECEIVED NM 3 02006 COMMUNITY DEV. DEPT. I am preparing this email to provide insight for the upcoming hearing concerning the modification or revocation of the conditional use permit for Club 705. Outlined are a few issues together with a sampling of posters and handbills used to promote events held at various restaurant -bar -clubs in town. They include, The Lighthouse Cafe, Pointe 705, Club Saffire, Patrick Molloys, The Pitcher House, and Suzy's. The primary promoter responsible for these punk rock events is AMI PRODUCTIONS. Licensees operate similar to a private club and restrict their "gigs" to ages 21 and older. Yet, these businesses are not zoned to operate as "adult only" and doing so may conflict with the "use permit" and sections of the ABC code. Besides the nuisance conditions created by these events; promoters aggressively litter our community with handbills, splattering them on the sidewalk, cars and walls. Announcements (some with sexually suggestive images) are left on the ground to be discovered by children. Restrictive policy needs to be written into the CUPs to impose not just fines but also consequences such as revocation of permitted privileges due to breach_ When did Club 705 secure authority from the ABC or the City of Hermosa Beach to close down its kitchen and operate as a bar? The business continues operation in violation of the permit/license. What controls are in place to prevent any alcohol licensee from diminishing their "food trade" component to cultivate a bar crowd? The city's permissive granting of conditional use permits, and unwillingness to constructively manage the operators is the crux of the problem. I am not alone in my disappointment of how the proliferation of alcohol outlets has damaged our community. Residents have been denied resolution and a quality community environment. Respectf Il gerer ident . Planning Commission Public Works Commission Chief, HBPD City Council encl: Punk Event Posters & Handbills Thursday, November 30, 2006 America Online Jackie Drasco Page 1 of 19 From: PEgerer@aol.com Sent: Thursday, November 30, 2006 12:24 PM To: City Clerk Subject: Modification or Revocation of CUP, 705 Pier Avenue (Attachment) November 30„ 2006 To: Sol Blumenfeld Sample information for the CUP hearing re: Modification or Revocation of CUP at 705 Pier Avenue. www.southbey_punk com 1 1/30/2006 anderrriesa Reach on 5 Prolt.paot) 77 A.M.I. PRODUCTIONS PRESE23'rs R 1A HOSTED B.Y; JANI LANGE -- JARED KENNEDY RAY RAY — GILLIES — JASON BLAKE ROE -- ENDO — JOSH RADICAN — TORY -r MOY LL Nov ,�.. • $3 DRAFT BEERS $ 3 WELL DRINKS 3 ARS 3 SMOKING PATIOS 'LARGEST .)AN.CEFLt R• IN ILERMOSA MACE { VIP AREA LwiTI. BOTTLE SERVICE RESIDENT 13Q/513Y K[ �OTltrctt , � r • Rii`M6 ire 705 PIER AVENUE 1HERMOSA BEACH 310-372-9705 Vit; MKS iggq 11/30/2006 Page 2 of 19 0 M e) b0 cd 12-4 • • 4, 1721-11 23:11:4. — _ p.421A.ra elaguttE Flail Ea .74S .•-t.gpj±4, E., Lyn rax.:.:amerayo VrAM-rdtm, ==CzE,:tim .vdmrs.34:-.4 3._a_743.u.a-s4 r •LTZal • •! 71-Y=2;75 C.7,40-4 WAT DJ MST • E ; Di WI t, ncsyr:z LIATIFI glitrhi 7:40 P1-1. tofEar &nk fq't1 a ',aHJE+Y ;Pi 1:1- L.P.': e YetfeiM AlY3 11/30/2006 Page 4 of 19 • I( PIctiffitifTf PRIA RA) IS; • 11/30/2006 odatA.4.2.Thr.i5sc=claValak504:=6:vartat ZitiZuraii 8-1 Page 5 of 19 • • 11/30/2006 Page 6 of 19 11/30/2006 Page 7of19 al- 11/30/2006 Page8of19 • e . w *i A.M 1.PRODUC i 4ONS r• Bi� MA�l�Ei • •1 1• ._ .. •.. ;'ART -PHOTO-FASHION SHO .; ARTISTS: • Jcif Pagd •Btg Daddys Tattoo Sam Hambrick - Big Daddys Tattoo Nick Rodin - Classic Tattoo Greg `Crayola` Simkins - /mscared.com Sparky - Yet Cheatin Heart Tattoo Jorrny 2/3 - Yet Chaatin Heard Tattoo Chris-2Shea' May - MTV's Pimp My Rfde John Gill Sophia Potful) Danny McCaw Josh Wapoel Jerry Hixsan Owen Takabayashi Steve Martin Chris Bowman anti more... MUSICIANS: Charlie Marshall - Da148tes Jason Mageau—S4 lrtue Alec Sawas - W9Stem Waste Bobby Debby - Lunacy Josh Smith -STD's Jeremy Perryman - STO'e PHOTOGRAPHERS: Kristeena Smith Matt Parker Lance Daigari ATHLETES: Greg Browning Dave Hellen FASHION SHOW: ## AUCTIV CADS F REND1 D GAF $1311tIllt -4 "oar fire !a Fit t�rrah:." POINTE 705-705 PIER AVE HERMOS • BEACH CA 90254 WJi01.172.9705 Sar.Becember 1Ut,2004 8-J1 SI Brinks and Appetizers Epm•2aip www.southba pu_k.tom 11/30/2006 Page 9of19 SMUTA.H i P tII uci i IS Page 10 of 19 IL 4) NIP 11 STD.S . 1.Q 7- C3 1:Z . ‘x vk x - P . rids 705 PIER AVE. HER OSA CH. JI&372.9705 N 16T0. t o RS. 6 Pt' StJN0k%Y . - •E ALL AGES. TIM 5 U•uC _S11.117jitit ,e c 1 I/30/2006 • • AMI PRODUCTIONS BUT PEDDLERS Ft LOOFA STD'S NST I G -A-7 wl:r\x‘$A-- tixtv4e0 POIN: E 705 705 PIER AVE. HE OSA ICH 310.372.9705 SUNDAY-, &N'ISTK ALL AGES DOORS s p 5Uuties somaimuNst.tot S7 11/30/2006 Page 11 of 19 • 11/30/2006 www4SRthBaykankte0m Page 12 of 19 • LiUVE stiuT We_ 000 WON, tiol Tu Estm. 2011 soon FREE SHOW 11/30/2006 S 0 IITIM AVP UN If.c efi Page 13 of 19 • 11/30/2006 C) Page 14 of 19 Page 15 of 19 11/30/2006 61 Jo 91 aged b 900Z/OE/It 29L.Liebt.../01E. Sh0-170W H-3u9ed 5.1N13 Rinatileum • :klicou AV • -%-yniva4 n,1 001 • Page 17 of 19 A 7►i.T. ProductinnA and Vo1co#= Entertainment Fro,• �lrtt tw :;� .. a.• . .. :1 ALL AOES SR_* . of iiiiiiont ili ce kti i. of`41i ` iks.e. ftd1.ti ; `rA'T` iolin l AG xkL� s , „i �f1)1405�i T�i7 al% VIII '^rz ..a4• -, i' • Otic. Stn'=l 8rt �•_. _ :' '- . 15 hooka nt the door 11/30/2006 30. PIER AVE HERMOSA BEACH 91)- 11130/2006 Page 18 of 19 • S 'AMI Productions* 1141 17A11,0fl BLVd.. iiGravireYs-A w Advanced tickets at Spyder Surf ci 5 11/30/2006 Page 19 of 19 Subject: Weekly events and the return of the upscale American Bistro at Club 705 17 I 1 ),N r.d (7. 71.1'•,' ( - r1=1 _ \ E: l I ^-< r-. -• 1 - l i l t I I 11 -1.4 i I I i i - i 1-;'_• ' t I :. R < t. I 1 .;r fir\ •... THE RETURN Q.F THE DINING ROOM:EXPERIENCEI COMING SOON! The Grand Re -Opening of.the 705 Dining -Roo Be ready to enjoy the Classic Upscale American:BistroP A great new menu will be featured as the. Dining Room'.re-opens; very soon! Sta tuned for more details! VIP Bottle Service available! Contact us at((310) 372-9705::_Visit us::onlirie;a www.club705.com . EHI,Y EVENTS: £LN. NIGHT! Service Industry Night on Mondays for FAB:.(Food =And_Beierage Industry at Club 705! $3 drinks all night long (except top shelf) for all inthe industry!::.Karaoke: fro. 9pm-close and Guest Bartending! Contactxavier(fi club705.corri tosign;up!; VIP Bottle Service available! Contact us at310 372-9705: AViswus:online at': www.club705.com It.V;;;•:t OF:TikliCK Sf-ZAT , ]t•..±::i'StilEYli3 'I- ..* a_ i • Liquid Lounge Happy Hour Every Day from 4-8pm 2-for-1 Drinks and $2 Drafts with sports on all 32 Plasma TVs! Happy Hour parties available! Contact us at (310) 372-9705. Visit us online at www.club705.com JAMAICA WEST! Every Wednesday at Club Saffire Free all night from 9pm-2am with Roots, Reggae, Dancehall and Hip Hop. For the guest list, call Rasta at 323-980-3444 VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online at www.club705.com THURSDAYS THURSDAY KARAOKE & SALSA NIGHT! Every Thursday at Club Saffire Free all night from 9pm-2am with Karaoke and Roots, Reggae, Dancehall and Hip Hop. For the guest list, call Rasta at 323-980-3444 VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online at www.club705.com MEMBERSHIP BENEFITS INCLUDE: Connect with us at www.m s ' - ce.com club705 Ile myspace.00m . a place for friends • Receive weekly emaiis on the latest upcoming events! • Be the first to receive time sensative specials and promotions! • Make reservations for any of our events with VIP treatment! Click Here and Add us! Club 705.705 Pier Ave . Hermosa Beach, Ca . 90254.310-372-9705 Vnsubscribe I Complain 1 Edit Profile I Confirm I Forward to a friend 703 Pler Ave #b302 Hermosa Beach CA 90254 97 :4"ifcatcv Club 705 News and Events • HOT NEW EVENTS COMING SOON! Page 2 of 3 Connect with us at www.m s ' ace.com/club705 Click Here and Add us! MONDAY NIGHT FOOTBALL! ARE YOU READY FOR SOME FOOTBALL? . Enjoy every game with $9.95 complete steak dinner and a beer with $1 refills! price appetizers, 2 for 1 drinks with all specials good from 4pm until the end o game! Karaoke every monday night after the games! Happy Hour parties available! Contact us at (info@club705.com) or call our ofl at (310) 372-9705. Visit us online at www.club705.com S.I.N. NIGHT! Service Industry Night on Mondays for FAB (Food And Beverage) Industry at Club Saffire! $3 drinks all night long (except top shelf) for ail in the industry! Karaoke from 9pm-close and Guest Bartending! Contact xavier@c1ub705.com to sign up! VIP Bottle Service available! Contact us at (info@club705.com) or call our offices at (310) 372-9705. Visit us online at www.club705.com HOT WEEKLY EVENTS: Y" 'OF:II211Q Liquid Lounge Happy Hour Every Day from 4-8pm 2-for-1 Drinks and $2 Drafts with sports on all 32 Plasma TVs! Happy Hour parties available! Contact us at (info@club705.com) or call our ofl at (310) 372-9705. Visit us online at www.club705.com JAMAICA WEST! Every Wednesday at Club Saffire Free all night from 9pm-2am with Roots, Reggae, Dancehall and Hip Hop. For guest list, call Rasta at 323-980-3444 VIP Bottle Service available! Contact us at (info@club705.com) or call our offices at (310) 372-9705. Visit us online at www.club705.com THURSDAYS THURSDAY SALSA NIGHT! Every Thursday at Club Saffire Free all night from 9pm-2am with Roots, Reggae, Dancehall and Hip Hop. For guest list, call Rasta at 323-980-3444 VIP Bottle Service available! Contact us at (info@club705.com) or call our offices at (310) 372-9705. Visit us online at www.club705.com MEMBERSHIP BENEFITS INCLUDE. 9/12/2006 L•IUU: IUJ !NCWS 2U1U .GVGi1LS i'- ' t-; D'ts !` - — 1 E:,tF: 3-4;i i E T'L.i' til CLUB 705 IS BACK IN FULL FORCE!: EVERY SUNDAY STARTING SEPTEMBER 10TH THE NFL IS BACK AND FEATURED AT 705 Go BIG or go home! 705 is your Fantasy Football Headquarters! If you are ready for the NFL to kickoff, then come to 705 and cheer for your favorite teams with huge drink specials, a bloody mary bar, and food specials all day long! VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online www.club705.com Saturday, September 23rd END OF SUMER PAJAMA PARTY! Featuring Eric Jag! $5 cover with PJYs, $10 without. Doors open at 9pm. $5 l Call -Its! Sweet Dreams Specials for only $3 include Jaeger shots, 180 bombs, Sambucca Sweet Dream, Sleepless in Hermosa, Midnight Snack plus the Midnight Pillow Fight! Sexiest pillow fighter wins a cash prize! VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online www.club705.com CONNECT WITH US ON MYSPACE! Connect with us at www.m space.com/club705 HOT NEW EVENTS COMING SOON! Click Here and Add us! MONDAY NIGHT FOOTBALL! ARE YOU READY FOR SOME FOOTBALL? Enjoy every game with $9.95 complete steak dinner and a beer with $1 refills! 1/2 price appetizers, 2 for 1 drinks with all specials good from 4pm until the en 9/18/2006 �arrire ivigntciub & LoungHermosa Beach, CA, 90254 - CityseP 'fit Page 1 of 3 Saffire Nightclub & Lounge 705 Pier Ave. (Cross Street: Pacific Coast Highway) Hermosa Beach, CA 90254View Map (310) 372-9705 Editorial Description Large South Bay club with three rooms, DJ, dancing, food and entertainment. Music includes hip hop, house, retro and reggae. Read More 1 User Reviews (4) Saffire Nightclub & Lounge User Reviews Return to Profile What users are saying • Romantic: no • Good dancing: yes • Good social scene: yes • Good happy hour: no Write a review and share your thoughts with other users. Sweet Decor Posted by reina latina143 on 11/21/2006 So I decided to check out this restaurant/club for my birthday. 1 didn't want a pier bar so I went with this place and it was a bit lonely. The food was good and very cheap but the club was not crackin at all. It has potential but there needed to have been a better crowd. maybe it was just the night I went but it was empty. The music was pretty good and the place has really nice decor. The drinks are average price and the bartenders were nice. • Pros: Cheap Food, Nice Decor, Nice Bartenders • Cons: Lonely Club, Older Crowd • Overall user rating: Average Great night club Posted by kedaface on 06/08/2006 I loved the different rooms...the drinks and food were great...YOU CAN GO OUT TO AN UPSCALE RESTAURANT AND CLUBBING IN THE SAME PLACE....SAVE GAS • Pros: GOOD DRINKS • Cons: POSSIBLE DUI, ONLY IF YOU LIKE THE APPLE MARTINIS...LOL • Overall user rating: Highly Recommended Beautiful Club in the South Bay Posted by tiffanysclee on 11/05/2005 Saffire is an awesome place for dancing in the South Bay. It is spacious, beautifully decorated and Tots of beautiful people. We went there for their Halloween party and it was great fun. Don't count this place out if its not on the pier...Saffire is much better than some places that have a small and smelly place. • Pros: Big, decor, lots of bars • Cons: not on pier • Overall user rating: Recommended a bit cheesy Posted by jayy178 on 08/18/2005 this place is nice if you want to dress down and be comfortable with your buds, but from the website it is quite misleading. It "appears" to be a chiq club/lounge but when I got there, crowd was quite dressed -down and the decor was a bit cheesy... • Pros: drinks cheaper • Cons: coo casual, cheesy setting http://losangeles.citysearch.com/review/41730778 01/08/2007 Club Saltire Hermosa Beat!, Nightclubs Salsa lteggaeton 18 & Ow ''alsa Lessons Joby ... Page 1 of 2 Los Angeles Clubs Complete LA arca n i tIife guide. Reviews. Bars, c',:. Vis:. Live Music. 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Page 2 of 2 r •r,� ( salsa nights'*,w 4i{ vwsolosabo r coIZtI' Opening Night Ttsday October 11, 2005 Beginners - intermediate - advanced all levels welcome Ads by G000000Qte Singles for Salsa October 11; Jobybrava - Jobybrava.com View Photo Profiles. Join Free. October 18; Ricky & Diana Lemoli; Once And Local Singles members of the world renown Salsa brava into Dance. dance company. Fitness Singles.com 21 & Over - FREE Cover Club Saffire — Hermosa Beach 705 Pier Ave. Hermosa Beach Ca, 90254 www.clubsaffire.com Info Contact: Anthony - (310) 808-3045 Ati ti USE WITH;S�7LCa�SA ft ib f.SRIL.tIS!FOi Emu— li CticiowtieRe42> s © 2000-2007 Solo Sal:mem Latin Entertainment /03 http://solosabor.com/events/clubsaffire/ Focusrite Saffire Sale Authorized Focusrite Saffire With Free Mic Boom Stand and Cable www.JDSound.com Free Salsa Video Lessons Sign up for 5 free salsa lessons. No purchase required. 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Page 1 of 2 hotels co WE HHCW HOTELi » SMOE AND our.. fi YourCity,YoUrGuide. • Find Deals in your Favorite Cities • Destination city: Check-in: Check-out: l 19 +� jJan 2007 11 .. 1.Jan 2007:A gtxtk OR CALL OUR EXPERTS 24/7 AT 80040 -HOTELS ISeareh_LA.com Search -j :• NfG1 rLIFE NIGHTLIFE GUIDES LA's Hot Nightlife Royalty Guide Monday Night Clubs Tuesday Night Clubs Wednesday Night Clubs Thursday Night Clubs Friday Night Clubs Saturday Night Clubs Sunday Night Clubs Downtown Nightlife Westside Nightlife Valley Nightlife Gay Nightlife Electronica Dance Clubs Tequila Bars Wine Bars Sports Bars Happy Hour Cabana Hopping See All Guides WHERE TO GO See All (355) Bars, Pubs & Lounges Comedy Clubs Dance Clubs SEE ALSO Nightlife Gossip Party Pix Plus One Newsletter Plus One Archive Live Music Events Email the Nightlife Editor print e-mail to a friend 1; Make Us Your Homepage Monday, Jan 8 Temp: 50° Guides 1 LA.COMfidentiai Slog / Showbiz I SITEMAP ATTRACTIONS :,. _ ::HO,TE S & TRAVEL'"/ ' -`4 `: ........,.,..._ I- EVENTS. CLASSIFIEDS-81— SERVICES CLASSIFIEDS SERVICES Find a: Job, Car, Apartment or Home 1000s of listings each week Buy Tickets: Premium Tickets NEWSLETTERS, OFFERS & PROMOS SUBSCRIBE to the LA.com Scoop Click here to get the FREE weekly newsletter -local events, sample sales, contests and more dining in this area official website Address: 705 Pier Ave. Hermosa Beach, 90254 > map it O (310) 372-9705 Cross Street: Ardmore Ave. Neighborhood: South Bay & Long Beach Type: Hip -Hop & R&B Hours: Daily 11 pm -tam other clubs in this area events at this location Z Hermosa Beach's largest club brings tiling to the South Bay. O Owner Dan Miller transformed the 9,000 -square -foot space formerly known as 705 into a 2ulsatinq three -room -club that could rival some of Hollywood hottest spots. (The line to get in ▪ snakes around the block on weekends.) Diverse crowds flock from neighboring cities in their • best threads—a strict dress code is enforced, even though the beach is just five blocks away. 0 The Asian -influenced Ruby Room draws in fans of electronics and house, and old -school jams ,.l rock the dimly lit room adjacent, but the main attraction is the Saffire Room, a sea of blues, crisp whites, silver accents and pulsing hip-hop beats. White mod-ish leather couches, se•are e.b i ve .-.:-dcurtains create .rivet°caba . r pro athietes and wealthy beach bums. The owners private booth is perc e.. erectly across from the DJ booth, which overlooks the elevated dance floor, but the VIP booth in back is the place to be seen. The crowd is hot, but the cocktail servers—in deep blue skin-tight dresses—might be hotter.— Sarah Spada AZ Tip: The club hits capacity most nights, so arrive before 11 pm to make sure to get in. a Get nightlife updates delivered to your mailbox once a month by subscribing to Plus One, LA.com's free nightlife newsletter. (J) Cost: Cover varies on weekends lit .re Atmosphere: Trendy I— Features: Bottle service is available in the VIP lounge. 11.1 • Parking: Valet and structure http://www.la.corninightlife/danceclubs/saffire/41610 /0Y- FEATURED LINKS The Daily News Now Delivers to ALL of LA. Subscribe today and get a FREE ' Annual Pass to Universal Studios Hollywood! HOTELS & TRAVEL HOTEL DEALS Vegas.com • from 529 Ramada Plaza West Hollywood from 5119 Pasadena Holiday Inn Express Hotels & Suites from 580 Loews Santa Monica from $359 Brentwood Holiday Inn Express Hotels & Suites from $86 Universal Studios Holiday Inn Hotels from $89 > book travel now 01/08/2007 tviushroam Steak Sandwich $10.00 Steak, sauteed mushrooms, on a French roll,lettuce. tomato, red onion, on a French roll, side of mayo fries and a pickle Steak Sandwich Dinner with blue cheese $12.00 Sreak,sauteed onions and peppers, blue cheese crumbles,on a French roll, lettuce, tomato, red onion, on a French roil, side of mayo fries and a pickle Salads Green Salad -:' =___=° 54.00 Chef Salad - $8.30 Mixed greens, sliced trkey,har t bacon bits, chicken, blue cheese crumbles, hard Ii4iii led egg and cheese Fried Chicken Salad $7.00 Breaded and fried chicken breast, mixed greens, cheese and green onions Caesar Salad Chopped Romaine Salad Steakwsar Sala Sltritxt - r Sal .. ..Y om - aw'ki.. SYy� FC•..-...`'.:SCCA;`.--�':•i , . . 705 Chicken Salad $7.00 Mixed greens, grilled chicken breast,mango salsa Hermosa Steak. Salad $8.00 Mixed greens, steak, sauteed onions,sauteed peppers, sauteed mushrooms, blue cheese crumbles with Italian dressing $6.00 gyp.- Ittp://www. club705.eom/sub/index.jsp?contented=B8cs3Bo CNbbx7Fgg7kyMQBgj&seed-1168295304437 1/8/2007 RECEIVED JAN 1 6 2007 COMMUNITY DEV. DEPT. SUPPLEMENTAL. INFORMATION vtuv r x.r .VV111 - L11NL',lLi\. £ 0L'IS.VL-111'J1V D. Snacks Jalapeno Poppers $S.00 Mozzarella Sticks $5.00 French Fries $3.00 Zucchini Sticks $5.00 Potato Skins $6.00 Russet potatoes, mixed cheeses, baton bits, scallions and ranch dressing. Chicken Strips $7.00 Quesadilla: $5.00 Large flour tortilla, mixed cheeses, Ortega chilies, salsa andsour cream Chicken or Steak Quesadilla = ` - $7.00 Buffalo Style Chicken Wings ..: $8.00 Drumettes,carrot & celery stick and ranch dressing Seafood Grilled or Fried Fish Tacos $7.00 Corn Tortillas, white f€sh, Saffire Spice, shredded cheddar/jack cheese, white c.bbage chili :mayo. ;;•; Blackened SitrirnpTaeos Corn Tortillas ;uccWentshrimp,Cajun., lackene —spice t#shite cabbageancith€il-tttayo- ..' "` Popcorn Shrimp Popcorn shrimp, cocktail` Sauce- Ca€amari $6.00 Traditional Calamari,cocktail sauce and chili mayo Fish & Chips $7.00 Sendwicfresf urgers Hamburger $6.00 Lettuce, tomato, red onion, side of thousand island dressing, fries and a pickle Cheeseburger $6.00 Lettuce, tomato; red onion, side of thousand island dressing, wfsliced cheese, fries and a pickle Mushroom Burger $7.00 Red onion, side of thousand island dressing, Swiss cheese, sauteed mtashraoms,fries and a pickle Blue cheese Burger $7.00 Blue cheese crumbles, red onion, red and green bell peppers, bacon bits, garlic aolie sauce, burr, and fries and a pickle Chicken Sandwich $7.00 hoz chicken breast, lettuce, tomato, red onlon,on a French roll, side of mayo fries and a pickle Blackened Chicken Sandwich $7.00 Cajun Chicken breast, lettuce, tomato, red onion, on a French roll, side of chipotle mayo fries ancf_apickle 705 Chickettsandwich r- :` :!:':"::$7:00 �._ 1S. en:briasr sauteed musiirooi s` Dijon:r ustard, lettuce tomato red onion-ona er,e ch roll, std mayo: "ries anda:pickle :::: _-; ° ; Hot Buffalo Chicken;Sa d 7.00 Chickeai breast, hot sauce, blue cheese, red onion, celery and carrot sticks Dell Sandwich $6.00 Sliced Turkey or Ham, sliced cheese, roll, side of mus- tard and mayo, fries and a pickle Page 2 of © 2007 ciub7OS.corn. All rights reserved. Powered and designed by Entertainment Results: entertainment website design company. Site Map I Copyright I Disclaimer %U6 http://ww'v.c1ub705.com/sub/index jsp?contentid=B8cs3BoCNbbx7Fgg71cyMQBgj&seed=1168295304437 1/8/200 4.4444,4 . tut:m.1.1,411. 4444446 4484 4444.4 IML. .044444486444884 48 4 11144/4.4 114. 488684444 44886488 484444 44.4 '44 844446.4 4 44)04 4"1 2 ft .444 40 44 44 4. 4 4 4 46 44.4 Page 1 of 4r1 44 6 44 December 9th 2006 - Maytee Patty • .Ittly 3rd 2006 - In the Sone Magazine Party • 2007 chib705.conl. Ail rights reserved. Powered and designed by Entertainment Results: entertainment website design company. Site Map Copyriptit I ascle,timer http://www.club705.com/index.jsp?mode=gallery /07 .8 4 44 ii 4 4 4 „41 g : 4 Id! Ss CO 4 44 4 44 44 1/8/200 3 4 7 9 10 11 12 13 14 • 16 17 18 19 20. 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 01-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW OUTDOOR DINING IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE ALCOHOL AT 705 PIER AVENUE LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT NO. 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, IND ADDITION TO HERMOSA BEACH TRACT Section 1. An application was filed by Shane McColgan, seeking approval for on -sale beer and wine in conjunction with a restaurant; Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for the Conditional Use Permit Amendment on May 15, 2001, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission; Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: The subject restaurant site is already authorized for on -sale alcohol by a Conditional Use Permit granted on March 15, 1994 (P.C. Resolution 94-10); 2. The change from outdoor seating to outdoor dining will not significantly intensify the use of the site; 3. The potential noise impacts that might result from the outside dining are less than significant because the restaurant is located within a commercial area with no residential uses nearby; Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned SPA 8, and is suitable for the proposed use; 2 The proposed use is compatible with surrounding commercial and residential uses; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts resulting from the issuance of this Conditional Use Permit Amendment; 4. This project is Categorically Exempt.pursuant to Section 15303c of the California Environmental Quality Act. Section 5. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit subject to the following Conditions of Approval; 1. The project shall be substantially consistent with submitted plans as reviewed by the Planning Commission on.May 15, 2001. Modifications to the plan shall be.reviewed and off may be approved by the Community Development Director. The applicant shall also submit a seating plan for review and approval to the Community Development Director. 2. The outdoor dining shall be limited to hours of operation between 8:00 A.M. and Midnight Sunday through Thursday, and between 8:00 A.M. and 2:00 A.M. on Fridays and Saturdays. 3. A decorative railing shall be provided to clearly delineate the outdoor dining area from the public sidewalk. 4 At no time shall the public sidewalk be used by food service personnel. 5. No recorded music or amplified music is allowed in the outdoor dining area. 6. The existing Sycamore tree located within the proposed outdoor dining area shall be left undisturbed. 7. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 8. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in the parking areas. 9. Noise emanating from the property shall be within the limitations prescribed by the City{s noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 10. The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 11. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 12. The applicant shall submit a detailed seating and occupancy plan prepared by a licensed design professional, which shall be approved by the Community Development Department prior to issuance of building permits. Any significant changes to this interior Iayout which would alter the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. 13. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 14. All Conditions of Approval from Planning Commission Resolution 97-26, which do not specifically address the outdoor dining use, shall remain in effect. Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a the office of the Planning Division of the Community Development /0 2 3 4 5 6 7 8 10� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. -Tile Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents; officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense: If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions . of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: Hoffinan, Pizer ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 01-18 is a true and -complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular 'meeting of May 15, 2001 Sam Perrotti, Chairman Date 61--/P-0/ CuprO1-1 if of Blumenf, ld, ecretary 2 3 4 5 6 7 8 9 10 11 12- 13 2 .13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P.C. RESOLUTION 97-26 A RESOLUTION OF ELM PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH; CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING PLAN, AS AMENDED, TO ALLOW TWO STAGES AN ADDITIONAL BAR AND ADDED SEATING IN CONJUNCTION WITH A RESTAURANT WITH ON -SALE ALCOHOL AT 705 PIER AVENUE AND LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND ADDITION TO t J RMOSA BEACH TRACT WHEREAS, the Planning Commission held a public hearing on March 18, 1997, to receive oral and written testimony regarding an application for a Conditional Use Permit Amendment and made the following findings: A. The subject restaurant site is already authorized for ' on -sale alcohol by a Conditional Use Permit granted on March 15, 1994, (P.C. Resolution 94-10). B. The additional seating, bar, and stages will not significantly intensify the use of the site as long as the use remains primarily a restaurant; D. The use of the site for a restaurant is appropriate for the subject location and will be compatible with surrounding commercial activities along Pier Avenue; E. Strict compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the Conditional Use Permit; F. The project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 New Construction and Conversion of Small Structures of the CEQA guidelines, as it involves the minor alteration of an existing facility. NOW, THEREFORE, BE IT RESOLVED that the PIanning Commission of the City of Hermosa Beach, California does hereby approve .a Conditional Use Permit and Parking Pian Amendment to allow stages and an additional bar to the existing restaurant with on -sale alcohol, subject to the following conditions, which supersede the conditions of Planning Commission Resolution 94-17: SECTION I • Specific Conditions of Approval 1. The project shall be substantially consistent with submitted plans. Modifications to the plan 29 shall be reviewed and may be approved by the Community Development Director. 97 1610501 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 a. Plans shall indicate that the outside waiting area shall have no service. In the event that future service occurs, at no time shall the use of the public right-of-way be used by the servers. 2. The primary emphasis of the business shall be maintained as a restaurant. Live entertainment and dancing shall be secondary, and shall not be a separate or main attraction or show, or promoted as such. 3. The hours of operation shall be limited to between 8:00 A.M. and 2:00 A.M. daily. 4. Live entertainment shall be limited to using non amplified instruments such as a piano, guitar, violin, etc. If entertainment is to include amplified (i.e. use of electrical amplifier) live entertainment, an acoustical study shall be prepared by an acoustical expert, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to ensure compliance with the noise ordinance. Said study and sound dampening features shall be reviewed and approved by the Community Development Director and shall be implemented in the building. a The acoustical study shall be based on the worst-case noise scenario, or on a sound level that will not be exceeded at any given time. b Management shall be responsible for the music/entertainment volume levels. c. During the performance of any amplified live entertainment, the exterior doors and windows shall remain closed. SECTION II General operating and standard conditions: 1: The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 2 The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business 19 and in the parking areas. 20 3. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, 21 and/or commercial establishments. 22 4. The police chief may determine that a continuing police problem exists, and may authorize 23 the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will 24 automatically initiate a review of this conditional use permit by the Commission. 25 5. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 26 6. Any significant changes to the interior layout which would alter the primary function of the 27 restaurant shall be subject to review and approval by the Planning Commission. 28 7 The project and operation of the business shall comply with all applicable requirements of 29 the Municipal Code. SECTION III /12- 97 1610501 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2.0 21 22 23 24 25. 26 27 28 29 • • This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a the office of the Department of Planning their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Planning Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid an enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's- fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. SECTION IV The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTh: AYES: Comms. Perrotti, Pizer, Chmn. Tucker NOES: none ABSENT: Comms. Merl, Schwartz ABSTAIN: none CERTIFICATION I hereby certify the foregoing Resolution P.C. 97- 26 is a true and complete record of the action tak- . the Plannin. Commission of the City of Hermosa Beach, California, at their regular 997. Peter Tucker, r hairman Date cur97-3 /13 97 1610501 HERMOSA BEACH POLICE DEPARTMENT This document outlines ongoing concerns at the business on 705 Pier Avenue in Hermosa Beach, California. The Alcohol Beverage Control License for this establishment is 413089. On 07092006 two men reported that they were assaulted by at least two employees of the business. The case is currently under investigation. The HBPD case number is 06-2494. On 07072006 officers were dispatched to a report of loud noise at the location. The police dispersed a group of people loitering on the premises. On 07012006 officers were dispatched to a report of a kidnapping at the business. The involved party was reported to be an employee who was involved in an altercation with a female companion. Both were reported to be possibly under the influence of alcohol. A report was not filed. At this time there is no investigation. Officers contacted a subject in front of the business and subsequently arrested him for public intoxication. The HBPD case number is 06-2278. On 06182006 officers were dispatched to a reported disturbance involving loud subjects outside the business. The officer observed that patrons gathered outside the business after closing waiting for transportation were the cause of the disturbance. On 06112006 an officer reported observing a fight at the location. No crime report was made. On 06102006 a customer reported that a man was bleeding from the head inside the business. HBFD responded and observed severe overcrowding. The HBFD issued citations for both overcrowding and maintaining a hazardous condition. The case number is 06-1967. Because of the large crowd that had to be removed from the business, police officers from two adjacent cities, Redondo Beach and Manhattan Beach, were called to the scene to assist the Hermosa Beach police officers. The incident lasted approximately one and one half-hours. HERMOSA BEACH POLICE DEPARTMENT On 06102006 a resident reported a loud music disturbance from the business that was causing a kitchen appliance to vibrate. On 06022006 officers were dispatched to a report of a noise disturbance at the business. Officers observed a large group of patrons outside at closing that were the cause of the disturbance. On 05142006 officers were dispatched to a fight at the business. One of the subjects involved in the fight was subsequently arrested. The HBPD.case number is 06-1579. On 05112006 officers were dispatched to a noise disturbance at the business. Officers observed the cause of the disturbance to be patrons leaving at closing time. On 04082006 officers were dispatched to a battery investigation involving a customer who was allegedly struck by an employee. Officers determined that the employee and customer had engaged in mutual combat and no report was taken. On 03252006 officers were dispatched to a fight at the business. Officers observed disturbances related to patrons leaving the business and remained on scene an additional ten minutes for the crowd to disburse. On 03192006 officers observed a disturbance at the location and responded to keep the peace. On 03182006 officers were dispatched to the location for a report of a drunk driver. The suspected driver was an intoxicated male who was refused entry to the business. Officers did not find the vehicle. On 03162006 officers were dispatched to a disturbance involving loud music from vehicles parked in the lot behind the business. HERMOSA BEACH POLICE DEPARTMENT On 03122006 officers were dispatched to a fight at the location involving two females. Upon arrival officers observed that the fight had already ended. No report was taken. On 03032006 officers conducted two separate business checks at the location. During the first check they observed under aged individuals attempting to gain entry to the business. During the second check they observed consumption of alcohol by under aged patrons. The HBPD case number is 06-734. On 02192006 officers were dispatched to a disturbance involving loud subjects and vehicles at the business. On 02062006 officers were dispatched to a disturbance involving loud music coming from vehicles parked outside the business. On 02022006 officers were dispatched to a disturbance involving loud music coming from vehicles parked outside the business. The twenty dates listed above represent incidents reported at the business in the past 6 months. They involve multiple violations of law, including the California Penal Code, the Hermosa Beach Municipal Code, the Fire Code, as well as the Conditional Use Permit issued by the city to the business. Because of these issues the HBPD opposes the license transfer, until or unless additional, restrictions are placed with the license. The HBPD also requests the current license be investigated for compliance with the Department of ABC. Sgt. Lance Heard #140 li b Hermosa Beach Fire Department Report of Overcrowding Date: 06/10/2006 To: Watch _Commander From: Captain Crawford Re: Occupancy Violation CC: Chief Tingley, Assistant Chief Gomez DR# 1967 FR# 900 On 06/10/2006 at approx. 2300 hrs. Hermosa Fire Units were dispatched to a rescue call at 705 Pier ave. Club "Saphire." Upon arrival, rescue units were not able to gain entrance to the building due to excessive numbers of patrons outside the business blocking the entrance, as well as what appeared to be overcrowding inside the club. At that time, Ell was dispatched to assist with the overcrowding issue. Summary Upon arrival at Club Saphire, we found a very large crowd outside the business completely blocking the sidewalk, and forcing pedestrians to walk around the parked cars on Pier Ave. and into the first lane of traffic to get up or down the street. We met the doorman at the western most entrance and asked him if he knew how many people were inside the business. He stated that he was not sure, but he was sure it was less than the 800 that they were allowed. 1 advised him that he was mistaken about how many people were allowed into Club Saphire, and that they should be kept just over 400. At this .point I had Engineer Marks, and'FF/PM Lopez do independent counts with manual "CIickers" and report back to me with numbers for each of the three designated occupant areas. I also advised the Doorman that no one else was allowed into the business until the count was complete. Upon completion, the count totals were: Engineer Marks 147, 140, 238 = 525 FF/PM Lopez 140, 130, 252 = 522 The approved total occupancy is 447 The business was in violation of Section 2501.16.3 of the Uniform Fire Code. Overcrowding and admittance of people beyond the approved capacity of a place of assembly is prohibited. 103.4.4 UFC/15.20.010 Hermosa Beach Municipal Code, Maintaining a Hazardous condition. Interior Inspection The interior of the business was extremely crowded. Free movement was impeded, with aisles and means of egress obstructed or nonexistent. Issuance of Citation Manager Xavier A. Flamenco HI was cited . Mr. Flamenco acknowledged the overcrowding situation, apologized, and stated they had accidentally booked 2 parties for the same night and allowed too many people, in. Violations Observed Permitting Overcrowding Uniform Fire Code Section 2501.16.3 Maintaining a Hazardous Condition 103.4.4 UFC/15.20.010 HBMC Attachments Fire Incident Report Copy of Citation Occupancy Load Sign James A. Crawford Captain Hermosa Beach Fire Department CC: Fire Chief Tingley Asst. Fire Chief Gomez /f g f Hermosa Beach Fire Department Memorandum Date: 6/12/2006 To: Chief Tingley From: Captain Crawford Re: Operations at Hermosa Nightclubs �tte_ Ey, Svc- r far j'3(' - .r kt sed, jG:s. e.p : Recently, a resident phoned the H.B.F.D. to voice her concern regarding the use of "Go -Go" dancers in Hermosa Beach Night Clubs. She felt it was offensive, and didn't believe they should be allowed in our city. Although she did not want to leave her name, she asked that we look into the practice of having women, with very little clothing, dancing on stages. I have personally witnessed this practice at "The Dragon," "Blue 32," "The Shore," as well as this past Saturday night at "Saphire." I am not sure whichdepartment handles these type of "Use issues, so I am forwarding this concern to you. Please let me know how we should proceed. Respectfully, (5:710-r."--/ /4 - Captain Crawford 1' Summary of Special Events at 705 Pier Ave. Most of the following events featured DJs. Approximate attendance reflects the number of people attending throughout the entire evening. Date Name of Event Approx Attendance 7/3 In the Scene Magazine Party 350-400 7/10 Project Origin 200 8/5 AVP Party 350-400 8/12 Dove Entertainment (3 DJ's) 350-400 8/13 Chord Brown (3 Bands) 300 8/19 Underground. Live 300 8/25 Ed Hardy/ BADD Magazine Debut Party 350-400 8/26 Art Showcase 300-350 8/9 Pink Party 300-350 9/10 Project Origin 200 9/23 Sweet Dreams 250-300 10/1 Project Origin 200 10/7 13 Clothing Reception 350-400 10/8 AIDS Awareness Benefit 200-250 10/21 Realist 350-400 10/27 Ghouls Night Out (4 bands) 350-400 10/28 Halloween Party 300 10/29 TAT Halloween Party 200-250 11/3 Eric Jag (Percussionist) 300-350 11/22 Pre Thanksgiving (4 Bands) 350-400 12/3 Project Origin 200 12/8 Lushness Christmas Party 300-350 12-9 P.S. 1 Love You Foundation Benefit 250-300 12/16 UPS Christmas Party 250-300 12/31 New Years Eve 350-400 1/7 Project Origin 200 1/10 Steven Seagal Concert 200-250 1/13 jason rose party 150-200 Weekly Promotions; Mondays Karaoke 100 Wednesdays Jamaica West Reggae 150-200 Thursdays Salsa 100-150 ECE1VED .IAN 1 6 2007 COMMUNITY DEV. DEPT. SUPPLEMENTAL INFORMATION tlag • Address: 1 600 Ardmore I Unitl I reside at The Commodore Condominium Bldg located directly across the street from 705/ Ardmore Restaurant. I wish to inform the city council of a noticeable difference in the maintenance of noise combliance from their business establishment. Since that of August 2006, there has been a significant amount of noise reduction coming from that area. Thank you for your time and acknowledgement. ./ J Address: 1600 Ardmore Unit# /0/ I reside at The Commodore Condominium Bldg located directly across the street from 705/ Ardmore Restaurant. 1 wish to inform the city council of a noticeable difference in the maintenance of noise compliance from their business establishment. Since that of August 2006, there has been a significant amount of noise reduction coming from that area. Thank you for your time and acknowledgement. SAD VII) ,j ` ee-d i- S' AtatAL 4----,A;1171"&j, fir) Iffmt1 Pteteyri • Dear Tim Moore and Xavie On behalf of Mira Costa Hi you for letting us use Club young as we are, was diffic not care about anyone els challenge especially when appreciative of the two of y us a chance to make a diffe with setting up a benefit sho did a better job at helping u us to put on a phenomenal your dub, allowed us to do organization provides medi ADS. Again, we would lik make a difference! We wo Show 2, and hopefullythis compilation CD and the ben Flamenco, April 1', 2007 h School and the PACE program, we just wanted to thank 705 to hold our event. To have adults take us seriously, as it to encounter. Stereotypically, it is said that the young do but their selves, and breaking the stereotype was quite a trying to put together an event like this. We're quite u, for allowing us to fallow through with our plan and giving once in the world. As students, we had very little experience and after this event we could not think of anyone else that e wanted to inform you that your patients with unallowed how, which made a lot of money. The AIDS Benefit show at ate about $1100 to the Keep A Child Alive Organization. The tion to those with AIDS in Africa, specifically children with to thank you for Ietting us use your venue and allowing us to d like to work with you in the future for an AIDS Benefit will turn into an annual event. Also, we hoped enjoyed the fit shirts. Mira Costa/High School/PACE-Respect Chair of PACE -Respect: Cindy Phare PACE -Respect Member: Daniel Simon • 3/27/2007 TO: City Of Hermosa Beach From: Robert Miller Dear Sirs, My name is Robert Miller and I live in Rancho Palos Verdes. I purchased the business known then as Pointe 705 in November of 2004. The business was purchased from a woman named Grace Roberts. That year in 2004, the City of Hermosa agreed to spend around $5 Million dollars renovating the Pier to encourage business and commerce. I agreed to purchase Pointe 705 shortly thereafter thinking that it was a business friendly environment. I employed my son Daniel to manage it as I had just been diagnosed with motor neuron disease and my mobility and vigor was diminishing. Meanwhile, Grace Roberts filed a Federal lawsuit against the City of Hermosa Beach in 2004 for $7.2 Million claiming that the Hermosa Beach Police Department had assaulted her son (who had a brain tumor at the time) and caused her business to lose $400,000 because of harassment and discrimination. The City Recommendation to deny the Claim had her allegations recorded as Police Harassment. In February of 2006, the City of Hermosa Beach settled with Grace Roberts for $1.1 Million dollars. That same month, Chief Lavin the Hermosa Beach Chief of Police retired. No more than a few months later the new Chief of Police in Hermosa took action against the business with very few facts or evidence of wrongdoing. Is this a coincidence? It definitely seems strange. Compared to the other like businesses in the City of Hermosa, ours has been an example of what works. In 2005, we had 15 police calls compared to Sharkees 56. Even the 20 alleged calls in six months for which we were cited (of which 9 were from the same person for noise) is less than the average calls for Sharkees in a six-month period in 2005. • • Was Sharkees cited? Has Sharkees ever even had a warning? No, Sharkees was not cited, instead, the City has recently granted an easement so that they can rebuild their restaurant faster (this time with a second story). I guess the rules are different for them. Does this all seem unfair to you? It certainly does to me. How can you restrict the CUP of the business with the lowest per capita police problem in the last few years? It is obvious that there is more to this story than just a few too many police calls. I must now reserve my rights to seek relief from these injustices. I am now formally reserving my right to seek both injunctive and litigious relief both from the local municipalities and the Federal Supreme Court as well. I am formally claiming now that I have been the victim of retaliation, discrimination, and harassment by the City of Hermosa Beach and the Hermosa Beach Police Depai tuient. I have also been denied both my rights to due process and my civil rights by the City of Hermosa Beach and The Hermosa Beach Police Department. I hereby reserve all of my legal rights under the laws of both California and the United States of America. I (and/or my estate or heirs) reserve the right to recover any and all financial loss incurred by the actions of the City of Hermosa Beach or its Police Department and to seek restitution and recompense for any and all accelerated health problems caused by the stress of this entire ordeal. I would please ask this council to do the right thing and restore my CUP to the original conditions. Thank You. Top Stories on This Webpage: Starting January 19, 2006 HB Planning Commission votes to continue CUP enforcement - After reviewing a report, the Hermosa Beach Planning Commission Tuesday night voted to direct the city's Police Department to continue with its issuance of citations of Conditional Use Permit violations for businesses located in the downtown area. Community Development Director Sol Blumenfeld in conjunction with Fire Chief Russ Tingley and Police Chief Mike Lavin drafted their annual review and report of such violations, specifically in the areas of overcrowding and noise, and presented it the commission. Hermosa Beach: The Year in Review - Election/Measure 'E' - This year's City Council race saw the re-election of Michael Keegan and J.R. Reviczky who came in first and third, respectively, along with political newcomer Howard Fishman who earned the second -place ranking. The Los Angeles County Registrar Recorder's official results stated that Keegan earned 2,463 votes, followed by Fishman with 2,027 votes and Reviczky with 1,994 votes. A total of 4,404 votes were cast at the city's six precincts and 1,777 votes constituted absentees out of 13,312 registered voters. City settles police harassment suit with club owners - Hermosa Beach will pay out slightly more than $1 million to the former owners of a restaurant and nightclub near the corner of Pier Avenue and Valley Drive in a settlement of a civil rights lawsuit alleging local police of assault, false arrest and malicious prosecution. The city agreed to pay $1.1 million to the Roberts family, former owners of Pointe 705, now called Saffire. The city will pay a $250,000 deductible (agreed to do so for each claim) and its insurance for general liability will cover the remainder. Council mulls over what to do about open seat - With what looks to be an unexpected vacancy on the Hermosa Beach City Council, voters and city officials began voicing their opinions on how the city should handle the matter that will ultimately come down to either an appointment or a special election. The issue surfaced last week when Howard Fishman, who won the second of three open seats on the City Council, according to unofficial election results, announced last Tuesday that he will give up his seat due to family reasons. City to address emergency plan - As a way to address any public concerns, comments or suggestions on how Hermosa Beach would respond in the event of an emergency affecting the entire town, school, health and city officials are hosting a public meeting Dec. 14 that will take a closer look at emergency preparedness on a local level. City Manager Steve Burrell is the moderator of the meeting that is expected to feature several speakers including representatives from the county, the local police and fire departments, the Beach Cities Health District and the School District. The speakers will talk about their roles and their preparedness, and hope to answer questions from the audience. Commission OKs eatery's alcohol permit - The Hermosa Beach Planning Commission Tuesday night voted to approve an amendment to a conditional use • • permit for a restaurant in the city's downtown wishing to offer its patrons hard . alcohol in conjunction with an already existing permit to sell beer and wine. The amendment passed in a 3-2 vote, but under the condition that Italy's Little Kitchen reduce its hours of operation from 2 a.m. to midnight. Any commission vote acts only as a recommendation, and the City Council reserves final judgment on any matter that comes before one of the appointed bodies. The owners may appeal the commission decision, which would then leave the ruling in the council's hands. • • Top Stories on This Webpage: Starting February 9, 2006: Robberies, assaults dropped last year in Hermosa Beach - Robberies declined by almost 50 percent last year and assaults dipped as well, according to statistics compiled by city police. The rate of burglary -- the crime of entering a building or car to commit theft or any other felony, also rose somewhat, while total thefts of all kinds fell somewhat. Robbery, which is theft by force or fear, fell from 19 incidents in 2004 to 10 last year. The number of reported sex crimes remained even at six. Candidate shatters fund-raising record - Maxwell spent $40.93 per vote - Political newcomer Jeff Maxwell set a campaign fund-raising record when he amassed $41,925 for his failed City Council candidacy last November, almost all of it in loans from himself. Maxwell spent $40.93 for each of the 1,009 votes he received in last November's election, ending up with a seventh -place finish in a 10 -candidate field, and a $617 balance in his campaign coffers. Maxwell, owner of Palos Verdes Limousine, easily broke the old fund-raising record Two million -plus flock to Hermosa beaches in 2005 - Pleasant weather and the promise of more parking helped bring 2.14 million people to the Hermosa Beach sands last year while lifeguards made 243 rescues. No drowning were recorded on the city's beaches, according to statistics compiled by Los Angeles County lifeguards. Hotel planned for BMW site - Mar Ventures Inc. of Torrance is expected to file permit applications this week for plans to build an upscale hotel on property vacated by a BMW dealership on Pacific Coast Highway in north Hermosa, City Manager Steve Burrell said. Plans call for a 72 -unit project on the BMW site on PCH at 30th Street, according to a resident who was briefed along with other neighbors by the Mar Ventures president at a Saturday meeting inside the BMW showroom. Burrell said Mar Ventures owns the property, adding that he did not yet know details of the proposed project. BCHD applicants sought - The Beach Cities Health District board is seeking candidates to fill the vacancy left by Jonathan Wolin, who resigned from the board to pursue a career opportunity in Northern California. Rather than call a special election, the board decided last week to appoint an interim board member who will serve until Jan. 5, 2007. Those interested in the interim board position must apply by Feb. 9 and be available to make a three-minute presentation to the board Feb. 22. Candidates must be registered voters of the District which is comprised of the cities of Hermosa Beach, Redondo Beach and Manhattan Beach. City of HB settles for $1.1 million - he city of Hermosa Beach has agreed to pay $1.1 million to settle a federal civil rights lawsuit by a former owner of the 705 Nite Club on Pier Avenue who had accused police of assault, false arrest and malicious prosecution. Attorney Reginald Roberts on Wednesday morning confirmed that the settlement was brought about with the help of a federal magistrate. He declined to elaborate, stating a "non -disparagement" agreement in the settlement. Roberts said the settlement occurred on Monday. Official: delays might doom school gym - s educators resume their struggle to erect a gymnasium building at Hermosa Valley School, a financial overseer said the project's opponents might have killed it by stalling it in the courts. Although opponents of the gym building -- with classrooms and a library - - have not won a round in court, they have caused the project's price tag to rise more than $1 million over the past six months, said Sam Abrams, chairman of a citizens' committee that helps oversee construction bonds. "They may have won the lawsuit by delaying [the gym project]," Abrams said on Friday. Sunday morning brick breaks church's stained glass window - Police were investigating after someone threw a brick through a stained glass window on the front of the 80-year old Church of Christ Scientist building on the corner of Manhattan Avenue and 16th Street early Sunday mourning. Police said bricks were used to break the stained glass window high on the front wall on the tall, column-fronted building and another window low to the ground on the 16th Street side. Nobody entered the church, police said. Police urged anyone with information about the motive or identity of the vandal or vandals to call Detective Wayne Lewis at 318-0330. Complete story with picture, just below. Hermosa Beach Arrests hit an all-time high - The year 2004 saw a record number of arrests in Hermosa -- 1,388 -- topping the old record of 1,315 set the year before. Those high-water marks go back at least to 1991. HBPD 2004 Crime Statistics - Show what crime categories have increased from 1998 thru 2004. 1 - • Honorable Mayor and Members of the Hermosa Beach City Council January 5, 2004 Regular Meeting of January 13, 2003 PROJECT NO. CIP 00-630 PIER RENOVATION — PHASE III Recommendation: It is recommended that the City Council: 1. Reject all bids for Project No. CIP 00-630 Pier Renovation — Phase III; and 2. Direct staff as to changes in Scope of Work. Background: The following bids were received on October 30, 2003, for Project No. CIP 00-630 Pier Renovation — Phase III: $ OVER BIDDER BID AMOUNT ENGINEER'S ESTIMATE 1. Metro Builders & Engineers Group Ltd. $4,444,000 $968,364 2. H.A. Lewis, Inc. $5,418,000 " $1,942,364 % ENGINEER'S ESTIMATE 27.86% 55.89% Staff recommends rejecting all bids based upon the receipt of only two bids with the lowest bid being approximately $1 million above the engineer's estimate of $3,475,636. Staff recommends changing the scope of work of the project to reduce costs and then re- bidding in time to start construction before summer. If the project is delayed toolong then staff recommends delaying construction to start after summer to avoid disruption in lifeguard services over more than one summer. Staff has interviewed the bidders to identify the major cost issues and have developed the following list of potential changes that can be made to help bring this project within budget. The first change recommended is to separate out from the base bid the interior tenant improvements and the temporary lifeguard facilities. Staff recommends these items be bid as "Additive Alternates" such that they can be eliminated from the contract if desired. Optional Scope of Work changes for Council consideration: 1. Eliminate granite and slate tile and use colored lithocrete for all pavement designs and compass rose. (Savings of approximately $300,000). • • 2. Larger cost savings to Option 1 would be to eliminate a color detail and use a standard colored concrete, which could save $450,000. 3. Eliminate use of Trespa material for the Lifeguard Building and restrooms and use standard cement -type siding (savings $50,000). 4. Eliminate the ADA access ramp to the Observation Deck and install a lift next to stairs from the Pier ($100,000 savings). 5. Larger cost savings to Option 4 would be to eliminate the Observation Deck entirely and build a standard garage roof ($250,000 savings). 6. Redesign the restroom facility to standard masonry building with flat roof ($50,000 savings). In addition to the major cost saving options above, there are a number of detail items that could be changed. Councilmember Tucker has prepared a list (copy attached) for discussion. With Council direction, staff could work with a Council subcommittee and the design consultant to identify other options that could be. implemented. The City's design consultants, Purkiss Rose -RSI, have estimated the cost to change the plans and specifications to implement items 1, 3, and 4 with additional minor changes at $42,000. It would be reasonable to estimate that design services will cost approximately 10% of cost savings. After receiving Council direction as to the desired changes, staff will negotiate extra work with the consultant and present to Council for approval at the next meeting. Assuming 30 calendar days to make design changes, staff anticipates awarding the construction contract at the first meeting in April and beginning construction in May. The project time is estimated at ten months and allowing 2 months for delays and relocating the lifeguards, should be complete by May/June 2005. Attachment: List dated 1/5/04 Respectfully submitted, Concur: Tristan D. Malabanan Richard D. Morgan, P.E. Associate Engineer Director of Public Works/City Engineer Noted For Fiscal Impact: Viki Copeland Stephen R. Burrell Finance Director City Manager 2 Honorable Mayor and Members of The Hermosa Beach City Council RECOMMENDATION TO DENY CLAIM Recommendation: February 4, 2004 Regular Meeting of February 10, 2004 It Is recommended that City Council deny the following claim and refer it to the City's Liability Claims Administrator: 1. Claimant: Roberts, Cecil; Roberts, Grace; Roberts, Cecil Jr.; Hur, Marvin; Hur, Connie Date of Loss: 09.2003 Date Filed: 01-22.04 Allegation: Police Harassment A copy of this claim is on file in the City Clerk's office. Respectfully Submitted, Concur: Michael A. Earl, Director Personnel & Risk Management Stephen R. Burrell City Manager SIMPLY . HEALiRIG. 15520 Rockfield Blvd., Ste. El Irvine, CA 92618, USA Tel: (949) 587-1513 / Fax: (949) 587-1519 www.simplyhealingclinic.com April 3, 2007 Re: Patient. Robert Miller To whom this may concern: It has been brought to my attention that Robert Miller has decided to represent himself as pro per in a lawsuit in Torrance, California. Please let this letter serve to inform the court that Robert Miller has been diagnosed with ALS, a motor neuron disease and as of two weeks ago is undergoing an intensive treatment for his disease. Therefore, am requesting that Mr. Miller be given a 6 (six) month delay in any legal proceedings to receive intensive treatment. ALS is a life threatening illness. Any stress or unnecessary pressure could cause severe issues or even death. Your attention to this matter is a. -dated. Sincere) Dr. Al der Strande Daniel Miller From: Sent: To: Subject: Daniel Miller [dan@mvt.pvcoxmail.com] Thursday, November 09, 2006 11:15 AM Sgt. L. Heard RE: A lot of my facts were from your own report and I'm not sure how you can disagree with fact. Can you be a little more specific about what you disagree with? Daniel Miller Original Message From: Sgt. L. Heard [mailto:lheard@hermosapolice.org] Sent: Thursday, November 09, 2006 10:51 AM To: Daniel Miller Subject: RE: I disagree with everything you just said. Original Message From: Daniel Miller [mailto: dan©mvt.pvcoxmail.com] Sent: Thursday, November 02, 2006 3:43 PM To: Sgt. L. Heard Cc: G. Savelli Subject: Aj 12,e5(005 -e Dear Sgt. Heard, Thanks for the call back today. I did leave a message for the Captain earlier today and it's nice to see a quick response. You have produced Pier Ave. I would like from Sharkees and request. I am only asking for a fair playing field. If your business that you put everything into was about to be taken away from you, and your fathers house was about to be taken away because it is collateral, I think you would not just request, but demand, a fair and impartial hearing. I am a real easy person to get along with. I understand that you have an agenda to follow, but please don't let the goals of the HBPD steamroll a legitimate business and bankrupt a great business owner. Please let us compare apples to apples. If we did, I know that the picture of 705 would be cleared up. You used the report from the records manager as a basis to deny our ABC transfer and hold a hearing about our CUP. I know it's hard to admit that you may have made a mistake, but I think if we took a hard look at the facts, we would see that 705 is actually one of the best run and managed., bars in Hermosa Beach. I know that may sound far fetched because of your report showing 20 violations, but if you look at each violation individually, the picture is not so bad. Did you know that 9 of the 20 calls were made by the same person (for noise)? Are you aware that 2 of the calls a report showing a list of 20 police incidents at 705 the opportunity to compare your list to a similar list other bars. I think this is a fair and reasonable 1 were not dispatched but a4lkally initiated by HBPD 1 violations (does this seem fair to you)? One of the "incidents" bartenders defending himself. This report is riddled about the call log like thes of the other bars, it is violations at 705 and ooking1r was one of our with half-truths e. Without detailed information on the violations impossible to ascertain the seriousness of the if this hearing is being held unnecessarily. You have denied my request to ask the Records Manager for similar detailed reports from other local bars. You also stated that you were not sure if the Records Manager would give me those reports if I asked for them. Sergeant, are you not the supervisor of the Detectives in Hermosa Beach? Aren't you interested in the Truth? Why are you not interested in reporting the truth to the Planning Commission and the City Council? Why are you so bent on omitting this very critical information? Doesn't the Planning Commission have a rightto know the whole truth and see the entire picture of violations for what they really are? Don't they need to know the facts before they shut down a business that the locals love? Please Sergeant, I'm begging you to do the right thing, not only morally, but to properly serve the good citizens of Hermosa Beach. Get the correct information and provide a detailed report of each bar forthe last 18 months to the Planning Commission. They deserve to have the correct information (not just a small piece). Daniel Miller • 4/2/2007 Angela Janewlewic Records Manager Hermosa Beach, CA 90254 Robert Miller 1992 Jay brook Dr. R.P.V., CA90275 310-548-0185 Dear Angela, f% p (0615e_ Please let this letter serve as a formal request for certain records from the City of Hermosa Beach. The records requested are as follows: Please provide detailed information about all Police actions (visits, arrests, complaints, etc.) for Sharkees for the last 10 years. Please provide detailed information about all noise complaints regarding Sharkees for the last 10 years. Please provide detailed information about all Police actions (visits, arrests, complaints, etc.) for SANGRIA for the last 10 years. Please provide detailed information about all noise complaints regarding SANGRIA for the last 10 years. Please provide detailed information about all Police actions (visits, arrests, complaints, etc.) for Pointe 705 and Club Saffire for the last 10 years. Please provide detailed information about all noise complaints regarding Pointe 705 and Club Saffire for the last 10 years. Thank you so much for your cooperation. Sincerely, Robert Miller ‘,3 to) cr6 4—o CcJi Taec„ 461046er • • CONSPIRACY CRIMES & CHARGES A conspiracy is simply an "agreement" to commit a crime. To be convicted of conspiracy, the prosecution must prove the agreement and also prove a substantial step (or overt act) was taken in furtherance of the agreement. However, the "overt act" does not have to be illegal. (For example, it is legal to own a car, but if a car is purchased as part of an agreement to commit a robbery, then purchasing thenar might also be an overt act). The punishment for conspiracy under California laws is generally the same as the punishment for the underlying crime agreed (for example robbery). In the federal courts, the crime of conspiracy is generally punishable by up to five years in prison. Some federal conspiracy statutes, however, carry a greater punishment. Although it is illegal to engage in a "conspiracy" to violate both California and federal laws, the crime of conspiracy is more often charged in federal drug or white collar cases than in state crimes prosecuted in California. There are defenses to the crime of conspiracy. Thus, it is important to hire counsel who have experience in this area of the law. Conspiracy. A word that connotes intrigue, complexity, and headaches for the unprepared lawyer. You need information on federal conspiracy law quickly and easily. You need trial tactics and strategies and case law to back up your arguments. A Portable Guide to Federal Conspiracy Law, Second Edition gives you the information you need when you need it. The book will help you: • identify the elements of a conspiracy • understand the role of bills of particulars • draft a conspiracy indictment • develop defense arguments against a conspiracy charge • address the problems of co-conspirator declarations/admissibility • present trial arguments based upon case authority • avoid trial pitfalls caused by unpreparedness • anticipate an opponent's strategy • evaluate what evidence should be admitted or excluded • prepare effective jury instructions. This compact, yet detailed book will help you prepare for pretrial and in -trial considerations that can shape and influence trial tactics and strategies. A Portable Guide to Federal Conspiracy Law: Tactics and Strategies for Criminal and Civil Cases, Second Edition is designed for the busy trial lawyer, trial judge, or practitioner who needs ready access to reliable, up-to-date information about the various substantive, procedural, and evidentiary issues involved in conspiracy cases. ti. Table of Contents A Portable Guide to Federal Conspiracy Law: Tactics and Strategies for Criminal and Civil Cases, Second Edition Joseph F. McSorley 1 Introduction A. General Conspiracy Statute B. The "Offense" Clause and The "Defraud" Clause C. Civil Conspiracy 1. Civil Conspiracy Requires More Than Agreement 2. Effect on Civil Conspiracy Claim Where Substantive Claim Fails 3. Joint and Several Liability for Civil Conspirators 4. Pleading a Civil Conspiracy 5. Pinkerton is Applicable to Civil Conspiracies 2 Elements of a Conspiracy A. Agreement.. 1. Circumstantial Evidence is Sufficient to Prove Agreement 2. Object of Agreement (Agreement To Do What?) 3. Ancillary Functions 4. Simple Buyer -Seller Relationship 5. Factual Impossibility Will Not Defeat Agreement 6. Mere Knowledge, Acquiescence, Association or Presence is Insufficient to Prove Agreement 7. Passenger Cases and Proof of Agreement 8. Agreement Not Dependent on Success of Conspiracy 9. Conspiracies Do Not Require Discrete, Identifiable Structures 10. Stake in the Outcome of Conspiracy 11. Proof of Agreement is a Factual Issue B. Plurality — Two or More Persons C. Corporation as a Coconspirator D. Membership in a Conspiracy 1. Knowing Participation—Joining the Conspiracy 2. Motive 3. "Late Joiners" 4. Intent 5. Deliberate Ignorance, Conscious Avoidance of Knowledge and Willful Blindness as Proof of Knowledge E. Overt Acts F. No Merger of Conspiracy and Substantive Crimes 3 Discovery and Bills of Particulars A. Purpose of a Bill of Particulars B. Bill of Particulars in Large -Scale Cases C. Effect of a Bill of Particulars D. Disclosure of Times and Locations of Overt Acts E. Disclosure of Evidentiary Details of Overt Acts F. Disclosure of Names of Unindicted Coconspirators G. Disclosure of All Overt Acts H. Disclosure of Government's Legal Theory I. Disclosure of Details of Formation of Conspiracy and Substance of Conspiratorial Agreement J. Appeal from Denial of a Bill of Particulars K. Pretrial Discovery of Coconspirator Statements L. Discovery of Coconspirator's Presentence Investigation Report 4 Indictments A. General Observations 1. Time Allegations 2. Motion to Dismiss: Failure to Allege Defect in Indictment before Trial may Constitute Waiver 3. Sufficiency of Indictment is for the Court to Decide, Not the Jury 4. Withdrawal of Part of a Conspiracy or Substantive Count from the Indictment B. Multiplicity C. Duplicity 1. Unanimity (a) Where Multiple Object Conspiracy Offense is Charged (b) Where Substantive Offense is Charged 2. Legal Insufficiency of One Object of Multi - Object Conspiracy D. Multiple Objects of the Conspiracy — Failure of Proof on One Object E. Naming of Unindicted Coconspirators F. Variance G. Constructive Amendment H. Amending Indictments I. Motion to Strike Surplusage J. When a Defendant is Convicted of Both CCE and § 846, the Lesser Included Offense of Conspiracy is Vacated 5 Relationship Between Conspiracy and Aiding and Abetting A. Introduction B. Elements of Aiding and Abetting C. Aiding and Abetting a Conspiracy D. Aiding and Abetting Distinguished from Pinkerton Liability 6 Evidentiary Issues in Conspiracy Cases A. In General . B. Circumstantial Evidence . C. Coconspirator Declarations — Federal Rule of Evidence 801(d)(2)(E) 1. Introduction 2. The Foundational Requirements 3. Need Not Be Made by a Conspirator to a Coconspirator 4. Admissible in Civil and Criminal Cases 5. Lessons of Bourjaily 6. Applies to Documents as Well as Oral Statements 7. Marital Privilege 8. Inability to Identify Exactly Who Made the Coconspirator Declaration 9. Admissibility of Conspirator Declaration Made Before Defendant Joins Conspiracy 10. Double Hearsay Conspirator Declarations 11. Exclusion of Coconspirator Declarations is Not Functional Equivalent of Acquittal of Conspiracy Charge 12. Absence of Conspiracy Count is No Bar to Admission of Coconspirator Declarations 13. The Role of the Court in Determining Admissibility of Coconspirator Declarations 14. Conditional Admissibility: Admitting Coconspirator Declarations Subject to Connection 15. Pretrial Coconspirator Declaration Hearings— "James Hearings" (a) Failure to Hold a James Hearing (b)Failure to Make Preliminary Findings of the Elements of Rule 801(d)(2)(E) 16. Participation Requirement 17. In -Furtherance Requirement (a) Examples of Statements in Furtherance (b) Examples of Statements Not in Furtherance (c) The Twilight Zone: When Only Portions of a Conversation are in Furtherance of the Conspiracy 18. The Pendency Requirement 19. Coconspirator Declarations Not Barred by Bruton 20. Admissibility of Coconspirator Declarations Does Not Require a Showing of Unavailability of Declarant 21. Coconspirator Declarations Not Rendered Void Because of Acquittal of a Codefendant on the Conspiracy Count 22. Raising Issue on Appeal Alleging Improper Admissibility of Coconspirator Declarations 23. Admissibility of a Nontestifying Coconspirator's Grand Jury Testimony at Trial 24. Impeachment of Coconspirator Declarations D. Admissibility of Extrinsic Evidence: Fed.R.Evid. 404(b) 1. In General 2. Discretion of the Court 3. Rule 404(b) and Conspiracy Charges 4. When Evidence is Intrinsic and Not Extrinsic 5. Examples of Rule 404(b) Evidence 6. Limiting Instruction on Extrinsic Evidence 7. Various Issues Concerning Rule 404(b) Evidence Defense Use of Rule 404(b) E. Defendant's Late Entry into Ongoing Conspiracy F. Termination of Conspiracy by Arrest G. The Pinkerton Rule — A Conspirator's Vicarious Liability for Substantive Offenses Committed by Another Conspirator H. Joinder and Severance of Defendants and Offenses 1. Joinder of Offenses 2. Joinder of Defendants 3. Severance 4. Severance of Counts or Defendants 5. Severance: Obtaining Exculpatory Testimony from a Co -Defendant 6. Megatrials I. Use of a Coconspirator's Guilty Plea to, or Conviction of, the Same Charge for which the Defendant is on Trial J. Coconspirator Testimony Concerning Conversations with Defendant K. Evidence of Acquittals of Coconspirators in Earlier Trial is Inadmissible L. Evidence of Prior Acquittal of Defendant on Related Charges is Inadmissible M. Standing of Coconspirators to Move to Suppress Evidence N. Effect on Conspiracy Charge of Acquittal or Reversal of Substantive Count 1. Acquittal of Substantive Offense for Factual Insufficiency 2. Reversal of Substantive Offense for Legal Insufficiency O Inconsistent Verdicts • 1. Inconsistent Verdicts on Counts: Is Acquittal on a Conspiracy Count a Bar to Conviction on a Substantive Count? 2. Inconsistent Verdicts on Co -Defendants: Does Acquittal of All Alleged Coconspirators But One Prohibit Defendant's Conviction for Conspiracy? 3. Distinction Between Factual and Legal Insufficiency P. Conspiracy to Attempt Q. Money Laundering: A Money Launderer May Be Held Liable as a Conspirator 7 Defenses A. Multiple Conspiracies 1. In General 2. Characteristics of a Single .Conspiracy 3. Multiple Conspiracy Jury Instructions 4. Sample Multiple Conspiracy Jury Instruction 5. Jury Question 6. Charging Two or More Separate Conspiracies in a Single Indictment 7. Chain and Wheel Conspiracies (a) Chain Conspiracy (b) Wheel Conspiracy 8. Simultaneous Conspiracies B. Sufficiency of the Evidence 1. Motion for Judgment of Acquittal 2. Strictissimi Juris 3. Criminal "Summary Judgment" Motions C. Sufficiency of the Indictment D. Withdrawal 1. Withdrawal from Overt Act Conspiracy 2. Withdrawal from Non -Overt Act Conspiracy E. Statutes of Limitation 1. Overt Act Conspiracy 2. Non -Overt Act Conspiracy 3. Conspiracy May Continue Past Date of Commission of Substantive Offense. 4. Reindictment May Be Permitted Even After Expiration of Statute of Limitations 5. Statute of Limitations Tolled By Timely Filing of Indictment 6. Statute of Limitations Runs From Time of Defendant's Withdrawal 7. Statute of Limitations is Not Jurisdictional but an Affirmative Defense that the Defendant Must Raise 8. Acts of Concealment — Do They Extend the Statute of Limitations? 9. Conflicting Evidence as to When an Offense Occurred is a Fact Question for. the Jury • 10. Time -Barred Acts May Be Admissible 11. Instructing the Jury on a Statute of Limitations Defense F. Venue and Jurisdiction . 1. Venue 2. Jurisdiction G. Double Jeopardy and Collateral Estoppel 1. Double Jeopardy 2. Prosecution for Substantive Offense Following Acquittal on a Conspiracy Charge 3. Blockburger, Grady, and Felix — Multiple Prosecutions for a Single Act 4. When Two Successively Charged Conspiracies Violate the Double Jeopardy Ban 5. Consideration of Extrinsic Evidence by Court 6. Prior Non -RICO Conspiracy Prosecution Followed by RICO Conspiracy or Continuing Criminal Enterprise Prosecution 7. Prior Conspiracy Prosecution Followed by Prosecution on Substantive Counts and Vice Versa 8. Prior Prosecution for Conspiracy Followed by Prosecution for CCE 9. Prior Prosecution for CCE Followed by Prosecution for Conspiracy 10. Using Overt Acts as a Basis for Substantive Charges 11. Civil Sanctions as Double Jeopardy 12. Collateral Estoppel 13. Acquittal Does Not Bar Introduction In Later Trial of Evidence Relating to the Acquitted Offense H. Factual Impossibility I. Legal Impossibility J. Mistake of Fact K. Ignorance of Law L. Lack of Success M. Wharton's Rule N. Lack of Intent 1. In General 2. When a Lawyer is a Defendant 3. Innocent Intent • 4. Admission of Prior Personal Drug Use to Prove Intent in Subsequent Distribution of Controlled Substance Prosecution O. Theory of Defense Jury Instructions P. Variance and Constructive Amendment Q. Ratification and Condonation R. Diminished Capacity and Insanity S. First Amendment Defense T. Coercion and Duress U. Ex Post Facto Problems . 8 Sentencing A. Introduction B. Prosecuting a Single Act under Two Separate Statutes C. Convictions for CCE and Underlying Conspiracy Count D. Vicarious Sentencing Liability E. Coconspirator Liability for Relevant Conduct F. Sentencing for a Multiple Object Conspiracy Count where General Verdict Does Not Specify which Object Offense the Defendant Conspired to Commit G. Restitution and Joint and Several Liability 9 Conclusion Table of Authorities Statutes Miscellaneous Index List of Sample Instructions Sample Instruction on Unanimity of Jury Verdict Sample Limiting Instruction on Extrinsic Evidence Sample Instruction on Vicarious Guilt of Substantive Offense Sample Instruction on Impeachment of a Witness by Proof of Conviction of the Same Crime for which the Defendant is on Trial Sample Instruction on Multiple Conspiracies Honorable Chairman and Members of the Hermosa Beach Planning Commission January 8, 2007 Regular Meeting. of January 16, 2007 CONTINUED FROM THE NOVEMBER 21 AND DECEMBER 6, 2006 HEARINGS SUBJECT: REVOCATION/MODIFICATION HEARING FOR CONDITIONAL USE PERMIT 01-1 FOR ON -SALE ALCOHOL, LIVE ENTERTAINMENT AND OUTSIDE DINING FOR SAFFIRE /POINTE 705, 705 PIER AVENUE , HERMOSA BEACH Recommendation: Direct staff as deemed appropriate. Project History & Background: ❑ April 9, 1985, City Council Resolution 85-4820 approves Marie Callendars for general alcohol sales and outdoor dining in conjunction with a restaurant and allows operating hours until 2:00 a.m. o April 5, 1994, Planning Commission Resolution 94-10, amends original CUP for Descanso Gardens allowing live entertainment with a maximum of 3 musicians using non -amplified music in lounge/waiting area secondary. o June 7, 1994, Planning Commission Resolution approves an amendment to above project to allow outdoor waiting area and live entertainment with acoustical study only and not as a main attraction. ❑ March 18, 1997, Planning Commission Resolution 97-26 approves a modification to floor plan to include an additional bar for a total of three, two stages and a dance floor. Changes in floor plan, no material changes to conditions. o May 5, 2001, Planning Commission resolution 01-18 allows outside dining in area previously approved only for outdoor waiting area. Conditions only address outdoor uses (no outdoor music, maintain existing planted areas, add decorative railings). No changes to operating conditions from Resolution No. 97-26. • ZONING: ■ GENERAL PLAN: • EXISTING FLOOR AREA: ■ PARKING PROVIDED. • ENVIRONMENTAL DETERMINATION: SPA 8 - Specific Plan Area Commercial Corridor 8,900 Square Feet 432 Total ; 164 Lower Level Categorically Exempt The review of the Saffire%705 CUP was originally referred to Community Development from the Police Department in connection with an ABC license transfer. ABC had requested comment on the operation of the business and the Police Department responded by collecting incidence reports and reviewing them with Community Development and the business owners. Based upon the high volume and the nature of call outs to the business, the Police Department recommended the matter be reviewed by the Planning Commission and did not recommend approval of the license transfer at ABC. The matter was originally considered by Commission in November 2006 and twice continued to January 16, 2007. At the December 6, 2006 hearing, the owner submitted a request to continue the matter in order to allow newly retained legal counsel to prepare for the hearing. The hearing was continued but Commission also took testimony from those requesting to provide it. Saffire/ 705 is located within the Plaza Hermosa Shopping Center. The business has had several changes in ownership from a Marie Callenders restaurant to the current tenant, Saffire/705. 7 Saffire/ 705 has recently been sold and is to be called Club 705. Over the last several months the Police and Fire Departments have responded to complaints involving fights, public intoxication, underage serving and over crowding in violation of the building, fire, and penal codes. The business owner has received written notice of the subject hearing -and provided correspondence describing the proposed operation of the facility as evidence that current problems will not continue. The owner also disputes the Police Department response record. Analysis: Section 17.70.010 of the Zone Code provides that the Planning Commission may modify or revoke a CUP under any the following grounds: A. That the approval was obtained by fraud; B. That the use for which such approval is granted is not being exercised; C. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; E. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. The Conditional Use Permit, (Resolution 01-18 and Resolution No. 97-26), contains conditions that allow the Police Chief to determine if a continuing police problem exists and to authorize presence of a police approved doorman and or security personnel to eliminate security problems and to submit a report to the Community Development Department thereby automatically initiating review of the Conditional Use Permit by the Planning Commission. The Police Chief has not suggested the presence of additional doorman or security personnel, but has recommended that the Commission consider modifying the current CUP due to the large number of Police and Fire Department calls to the property. The call history includes excessive over -crowding, loitering around the building frontage and parking area, battery, fights and assaults and public intoxication. The call history during the first six months of 2006 is summarized as follows: Summary of Violations Call Out Action CUP 01-18 and 97-26 Violation Other Code Violations No. Calls - 2006 Call Outs 1. Over Crowding FD Response Cond, Nos. 12, 13 Fire Code 1 6/10 (Res. 01-1) 2. Noise Violation PD Response Cond. No. 3, HBMC 8 2/2, 2/6,2/19,3/16,5/11, (Res. 97-26) 6/10, 6/18, 7/7 3. Loitering PD Response Cond. No. 1 (Res. 97-26 Penal Code 3 3/25, 6/18,7/7, 4. Assaults PD Response Cond. No. 1 ABC 7 3/19, 3/25,4/8,5/14, (Res. 97-26) Penal Code 6/11,7/1, 7/9 5. Serving Underage PD Response .Coad. No.1 Penal Code 2 3/03,7/15 (Res. 97-26) ABC, HBMC 6. Public Intoxication PD Response Cond. No. 1 3 7/1,5/14,2/19 (Res. 97-26) HBMC, ABC s P.C. Resolution 01-18 (Condition No 12) requires that the applicant submit a detailed seating and occupant load plan prepared by a licensed design professional for approval by the Community Development Department and any changes to the interior layout of the business that alters the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. P.C. Resolution 97-26 (Condition No. 2) provides that "the primary emphasis of the business shall be maintained as a restaurant. Live entertainment shall be secondary and shall not be a separate or main attraction or show or promoted as such. The business has been advertised as a lounge, disco and venue for special events, which is inconsistent with this condition of the CUP and the police department reports that the business -has regularly removed tables and chairs to accommodate the special events and dancing in violation of the above condition. (Attachment No. 2) P.C. Resolution 97-26 (Condition No. 13) provides that the operation of the business shall comply with all applicable requirements of the Municipal Code. P.C. Resolution 97-26 (Condition No. 8) provides that "the business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness and boisterous activities of patrons outside the business and parking area. Police Department response calls indicate that the business is not providing adequate supervision since patrons were reported by the Police Department to be unruly and boisterous and allowed to loiter around the building frontage and parking area. Thus the business has not utilized management and supervisory techniques to prevent unruly behavior. P.C. Resolution 97-26 provides that live entertainment shall be limited to three musicians/performers using non -amplified instruments such as a piano, guitar, violin, etc.. If entertainment is to include amplified live entertainment and or more musicians, an acoustical study shall be prepared by an acoustical expert, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to ensure compliance with the noise ordinance. a. • The Acoustical study shall be based on a worst-case scenario or on a sound level that will not be exceeded at any given time. b. Management shall be responsiblefor the music/entertainment volume levels. c. During the performance of any amplified live entertainment, the exterior doors and windows shall remain closed. The business has provided amplified live entertainment but has never supplied an acoustical study to comply with the CUP and consequently has not installed sound dampening features in compliance with the study or the City's noise ordinance. P.C. Resolution 94-17, Section II, Condition No. 1 provides that the establishment shall not adversely affect the welfare of the residents and/or commercial establishments nearby. The Police Department records indicate that surrounding neighbors at the mobile home park (531 Pier Avenue) have complained about be awakened due to excessive noise and unruly and boisterous behavior. Conclusions: From the above it can be concluded that the business has not been operating in accordance with the conditions of Resolution Nos. 01-18 and No. 97-26 and that the Commission has authority to revoke the CUP or modify the operating conditions. The business has demonstrated a clear pattern of non- compliance with many of the CUP conditions of approval. Pursuant to Chapter 17.70 the Planning Commission may revoke or modify a conditional use permit to prevent a nuisance to the community or when the business is not operating in a manner consistent with its original approval. Over the last year, the business has created a nuisance and the new owner has focused on bar/lounge activity which is inconsistent with the original approval of the business as a restaurant. (Please see current business promotional material -- Attachment No. 2). Thus the Commission may consider modifying the current CUP to ensure the use does not create a nuisance and transition further from a restaurant to a lounge. If the Commission determines that the CUP should be Modified it may adopt the attached resolution providing new restrictions on business operations as summarized below: Proposed revisions and additions to CUP: ■ The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a restaurant and no live entertainment. Any intensification of use involving live entertainment, such as providing a disc jockey or other forms of amplified music for customer dancing, any type of live entertainment (i.e. live music whether acoustic or amplified, comedy acts, or any other type of performances) or extended hours of operation beyond what is specified requires amending this Conditional Use Permit. In the event the City establishes an entertainment permit program, the owner must apply and receive the permit in order to offer any kind of live entertainment. ■ If the Conditional Use Permit is amended to provide dancing, live music, or other live entertainment an acoustical analysis shall be conducted to verify compliance with the noise ordinance, demonstrating that the noise will not be audible from any adjacent residential use. Mitigation measures to attenuate noise may include sound baffles, double glazing and other methods specified in the acoustical study. The scope of the acoustical study shall be approved by the Community Development Director. ■ The hours of operation for all operations of the restaurant, including the lounge area, shall be limited to between 7:00 A.M. and 12:00 Midnight ■ The parking area and exterior access at the north west side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to access only and appropriate lighting and security. No outdoor use other than access to the facility is permitted. ■ The business shall not operate in a manner as to have and adverse effect on or interfere with the comfortable enjoyment of neighboring residential and commercial property. • The business is prohibited from using "outside promoters" to advertise the use to obtain customers. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment that is not part of the primary business use. • ■ Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. ■ The restaurant shall not require any cover charge or fee for general entry into the restaurant or appurtenant areas, nor advertise as a club or lounge. ■ The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. ■ The restaurant shall submit a detailed seating and occupant Load plan, prepared by a licensed design professional for approval by the Community Development and Fire Departments. An approved occupant load sign must be posted in the business as directed by the Fire Department prior to operating the business under the CUP as amended. ■ The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. The Fire Chief may determine that there is a repeat pattern of occupant Ioad violations and then shall submit a report to the Planning Commission which will automatically initiate a review of this Conditional Use Permit by the Planning Commission. ■ Any significant changes to the interior layout, which alter the primary function of the business as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the PIanning Commission and require amendment to this Conditional Use Permit. Sol Blumenfel Community D' ector velopment Attachments 1. Correspondence 2. Business advertising and promotions 3. Planning Commission Resolutions 01-18 and 97-26 4. Police Report History 5. Fire Department Report 6. Proposed Resolution P:/SaffirePoint705JanRept en Robertson, Senior Planner Gr4t elli Chief of Police KENT BURTON BRAD N. BAKER ALBRO L. L-UNDYIII Via Hand Delivery Hermosa Beach Planning Commission 1315 Valley Drive Hermosa Beach, CA 90254 Re: Saffire/Pointe 705 Club 705 Pier Avenue Gentlemen: BAKER BlRTO� JNPY January 9, 2007 ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 515 PIER AVENUE HERMOSA BEACH CA 90254-3889 TELEPHONE: 310 • 376-9893 FACSIMILE: 310 • 376-7483 RECEIVED JAN 0:9 2007 COMMUNITY DEV DEPT. This letter is being sent in regard to the upcoming Planning Commission hearing, scheduled for January 16, 2007, which concerns potential modifications to Maximoore, Inc.'s conditions of approval regarding the conditional use permit, in order to address any lingering concerns the Planning Commission may have. As you know, my client, Maximoore, Inc. intends to partner with Mr. Steven Seagal in establishing a premier sushi bar and restaurant. Maximoore will strive to create a sushi bar and restaurant of which the City of Hermosa Beach can be proud. Maximoore's plans are to develop a destination Location that will serve to attract the type of excellent clientele which the City of Hermosa Beach desires My client is also seeking to change the negative image that exists in the minds. of Hermosa Beach residents regarding Pointe 705 which is affected by the negative attitude toward the Pier Plaza. According to the figures supplied by the Hermosa Beach Police Department in the report attached to the the Planning Commission Report, the majority of Saffire/Pointe 705's violations (8 total) were noise related with the last recorded noise violations noted on July 7, 2006 . The Summary of Violations reflect the call outs (a police department term used to indicate calls made and responded to) from February 2006 to July 2006. In specific regard to these noise violations, according to The City of Hermosa Municipal Code -Health and Safety, Chapter 8.24, Section 8.24.030. Prohibited Noises -General Standard, it is provided in pertinent part that: "No person shall make, or cause to suffer to be made upon any public property, public right-of-way or private property, any unnecessary and unreasonable noises, sounds or 4 Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 2 vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons within the neighborhood from which said noises emanate or which interfere with the peace and comfort of residents or their guest, or the operators or customers in places of business in the vicinity, or which my detrimentally or adversely affect such residents or places of business." 8.24.040, Specific Prohibited Noises, Section I. Commercial establishments adjacent to residential property, provides in pertinent part: "Notwithstanding any provision to this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential units property line." It is to be pointed out that a violation of the provisions of this chapter constitute a mere infraction. According to Xavier Flamenco, the manager of Saffire, the majority of the noise complaints came from the trailer park which is across the street and caddy -corner to the establishment. According to information and belief, the majority of these complaints were generated by Karen Bruns, who resides in the trailer park and is a person with whom City Hall and the Planning Commission should have more than a passing familiarity. It should also be pointed out that when the recent acoustic study, commissioned by the new owner, was conducted, the engineer who conducted same used a decibel meter to detect if any noises coming from the club could be heard by the trailer park residents. The signals from the decibel meter proved to be so small as to render them essentially undetectable from anywhere outside the club. In fact, one of the noise complaints was made on a day when Saffire was not even open. Accordingly, it appears that the majority of the past noise complaints were about noise emanating from the parking Iot and surrounding environs. Otherwise, it does not appear that Saffire was in violation of any ordinance concerning the noise levels inside the premises. It should be taken into consideration that the new owner, Maximoore, Inc., is making an -unprecedented and costly effort to ensure that no further noise violations will occur that might disturb any residential unit in the area as follows: Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 3 ( According to the Business Summary for Saffire/Pointe 705 Pier Avenue, submitted by the new owner, the business has been operating under a temporary license since June 28, 2006, when the operations were taken over by Maximoore, Inc. In specific regard to the noise incident of 7/7/06; according to Mr. Flamenco, the manager, (and the police history), this was due to a crowd that had gathered on the side walk in front of the business. Mr. Flamenco stated that his security personnel has been instructed that no one should be allowed to loiter in front of the parking area or on the sidewalk in front of the business but, since this incident took place only 9 days after Maximoore had taken over, there had not been adequate time to hire and train additional security personnel in order to ensure that this situation could have been avoided. Further, while there was the one police call out because of excessive noise on 7/7/06, since Maximoore took over, there have been no more call outs for noise violations since that time. One of the reasons for this is that in July of 2006, when Maximoore took over the operation of the business, it increased the number of security guards from about five guards when Mr. Miller owned the business to now having 12-15 guards per shift on a regular night (also, as noted in the aforementioned Business Summary) More guards are to be hired if there is going to be a special event. Further, since Chief of Police Savelli had expressed to the new owner and Mr. Flamenco that one of the major issues the police department had with Saffire was the noise emanating from the parking lot, as part of their training, the security guards are given specific instructions and orders that they are to clear the sidewalks in front of the business and adjacent parking areas of anyone who might be loitering there or otherwise creating a disturbance. The guards are also required to remain on duty after the business has been closed for a reasonable length of time to ensure that the patrons are gotten outside as quicky and quietly as possible and to check to see if the parking area and sidewalks are clear. They are also instructed to tell people that they are to be quite because the parking lot echos and there are residents nearby. In addition to its increased security personnel, Maximoore has also engaged a parking lot attendant to ensure that there will be no unseemly noise emanating from that area, either before the business is closed or afterwards. _ Therefore, it is posited that, in light of the precautions (and expense) the new owner has gone to in order to ensure that Saffire will not be in violation of any noise ordinance, the Planning Commission should take note of the fact that any noise violations, including the sidewalk in front and the parking area are now a thing of the past. It appears that of some concern to the Planning Commission are the violations which concern overcrowding ( one violation on 6/10) and assaults (seven violations, but with only two incidents occurring on 7/9 and 7/15, after Maximoore had taken over the business). According to the police document submitted by Sargent Heard, which purports to outline the police department's ongoing concerns about Saffire, on July 9, two men reported that they were assaulted by two employees of the business. Sargent Heard then states only that the case is Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 4 currently under investigation. The Planning Commission should be advised the statements made by Sargent Heard are not entirely accurate concerning this event. In fact, according to manager Xavier Flamanco, the complainant was an underage and intoxicated individual who had to be removed from the premises a total of three times that evening. Each time, prior to being removed by the security guards, he would hold onto the doorframes and refuse to leave. He also took a swing at one employee and punched the owner. Finally, he went off with two other individuals who apparently were friends. Mr. Flamenco has no idea who the other person is that claims he was assaulted, but speculates it could have been one of the persons with whom the intoxicated individual left. Additionally, the police who arrived in response to the report were advised of the situation and left without citing anyone employed by Saffire. Also, in the aforementioned document engendered by Sargent Heard, it was stated that: "On July 1, 2006, officers were dispatched to a report of a kidnapping (sic) at the business. The involved party was reported to be an employee who was involved in an altercation with a female companion. Both were reported to be under the influence of alcohol. A report was not filled. At this time there is no investigation. Officers contacted a subject in front of the business and subsequently arrested him for public intoxication." Actually, said employee was a female contract worker who had only worked at Saffire on one occasion. Her girlfriend had apparently left with another individual. Since the contract worker was too intoxicated to drive herself home, she called the police. Additionally, the • additional statement by Sgt. Heard that "Officers contacted a subject in front of the business and subsequently arrested him for public intoxication" does not seem to relate to the reported kidnaping, inasmuch as it refers to a "him" without more, does not state whether the person was arrested while walking past the business or had emerged from the business or otherwise, or identify what connection he made have had with the incident, although it appears that Sargent Heard is indicating that there is a connection. Given the above, it is proposed that this cannot be considered to be evidence of any wrongdoing on Saffire's part. The one incident report on June 10, 2006, of overcrowding at Saffire also should be examined carefully. It has already been pointed out that this was before the new owner took control. And, in regard to the rescue call, it was initiated by Saffire's employees, not a customer as stated by Sgt. Heard. When the Fire Department arrived in response to Saffire's call, it was observed that the premises were overcrowded. According to Mr. Flamenco, while the overcrowding was partially because two parties had been accidentally booked for the same evening, prior to the time the Fire Department arrived he and the other employees had become aware that the premises were overcrowded and were in the process of making people leave. However, unbeknownst to Mr. Flamenco, a promoter who had helped to organize the event was Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 5 letting people (as many as twenty people at a time) in the back door as Mr. Flamenco and his personnel were making people leave. It was not until a fire department paramedic observed the behavior of the promoter and told Mr. Flamenco of same, that this person was stopped. It is to be noted that Saffire was only over its allowed occupancy capacity by 78 persons. Further, it is also to be noted that Mr. Flamenco's citations regarding the matter were dropped by the prosecutor due to these extenuating circumstances. Other than the above outlined incidents, it must be reiterated that since the new owner has taken over Saffire, there have been no police or fire department calls out with the exception of an incident that occurred in either late October or early November of 2006, when a promoter and Mr. Flamenco, the manager, got into a dispute. The promoter called the police (only after Mr. Flamenco threatened to call them). When the police came, they took the promoter outside and placed him in handcuffs. They then asked Mr. Flamenco if he wanted to prefer charges. When he said no, they released the individual. As can be seen, this call out incident was clearly not either Mr. Flamenco or Saffire's fault. There was also an incident in January 2007 (New Years's Eve) where there was a fight in the parking lot across the street in the skate park, but Saffire was totally uninvolved. It also should be noted that Mr. Flamenco arranged a meeting in September of 2006, with the Chief of Police, Greg Savalli, the Senior Planner, Ken Robertson and Sargent Lance Heard (as aforementioned, the individual who submitted the Police Report History of Saffire's violations attached to the Planning Commission Report) to address any concerns that might be lingering regarding the operations of Saffire. During the course this meeting Mr. Flamenco stated to Chief Savelli that Saffire had really cleaned up its act; the Chief acknowledged this point, making the observation that it had been quite a while since the police had been called to the business. While the Planning Commission Report, under the section titled "Analysis," notes the Police Chief has not suggested the presence of additional doorman or security personnel but has recommended that the Commission modifying the current CUP due to the large number of Police Department calls to the property, this is no longer the case. As the Planning Commissioner must be aware, the proposed Resolutions by staff concerning modifications to the conditions of approval regarding the conditional use permit (CUP), if adopted, could well spell the death knell for a business that is proposing to bring an elegant upscale restaurant and lounge business to Hermosa that is sorely needed. In particular, Section 3, proposed Resolution No. 4, which proposes to limit the restaurant, including the lounge/bar areas, operating hours to between 7:00 a.m.-and 12:00 midnight, if adopted, will probably kill the final sale This will leave Hermosa Beach with another vacant restaurant Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page6 inasmuch as the former owner is insolvent and it will be difficult, if not impossible, to find any purchaser who would be willing to buy the business with this restriction in place. Also, the Planning Commission should take note that the staff proposal, in. Section 2, takes note of the fact that the repeated patterns of disturbances and other violations was determined to be the result of poor management, etc. Inasmuch as the former owner is no longer involved in the operations of the business and the new owner, Maximoore, Inc., has made considerable strides in reorganizing management, upgrading and expanding staffing, and implementing new supervisory techniques, as pointed out above, (all of which appear to be the main matters of concern to the staff suggesting the modifications) these factors should be taken into serious consideration before adopting any of the proposed modifications wholesale. As indicated, Maximoore seeks to create an environment where mature patrons can enjoy a fine dining experience in a relaxed atmosphere, where they can enjoy excellent wines and spirits in a safe, non -intimidating environment. The new Seagal establishment is exactly the type of restaurant that the citizens of Hermosa Beach are hoping for, a restaurant which will eliminate the unruly drunkenness that currently prevails in this city on Friday and Saturday nights. As the Planning Commission knows well and which I believe is an unwritten policy at the present time, our community desires a new culture in its restaurant establishments. But, Maximoore needs to be profitable to survive. The Commission is well aware that the survival of restaurants is tenuous at best. We see restaurants fail every month. The Seagal establishment must create a place where people want to come and spend their money. It is crucial to the survival of the restaurant that it be able to provide its patrons with an evening out that does not have to end prematurely. The business model and plan requires that the Seagal establishment retainitscurrent CUP provisions, including hours of operation. The Seagal customers will enjoy themselves responsibly in the safe, relaxing environment. Maximoore does not want to have to arbitrarily cut short their evening, especially considering the fact that they will have made a significant financial investment to go out for an evening to a fine restaurant. If the hours are shortened, the Seagal establishment will be unable to compete with fme dining restaurants in other beach cities, most of which are open until 2:00 a.m. The City of Hermosa Beach needs to attract the type of businesses and patrons which will change the culture of the City, especially on Friday and Saturday nights on both upper Pier and Pier Plaza. Should you have any questions concerning any of the above, please do not hesitate to contact me at once. Jr Planning Commission Re: Saffire/Pointe 705 Club January 9, 2007 Page 7 Thank you for your consideration concerning these matters. Yours very truly, BAKER, BURTON & LUNDY, A Pr'essin. o • oration ALBRO L. LUNDY, III ALL:sr Saffire Nightclub & Lounge - Hermosa Beach, CA, 90254 - Citysearch Page 1 of 3 • Saffire Nightclub & Lounge 705 Pier Ave. (Cross Street: Pacific Coast Highway) Hermosa Beach, CA 90254View Map (310) 372-9705 Editorial Description Large South Bay club with three rooms, DJ, dancing, food and entertainment. Music includes hip hop, house, retro and reggae. Read More j User Reviews (4) Saffire Nightclub & Lounge User Reviews Return to Profile What users are saying • Romantic: no • Good dancing: yes • Good social scene: yes • Good happy hour: no Write a review and share your thoughts with other users. Sweet Decor Posted by reina Iatina143 on 11/21/2006 So I decided to check out this restaurant/club for my birthday. I didn't want a pier bar so I went with this place and it was a bit lonely. The food was good and very cheap but the club was not crackin at all. It has potential but there needed to have been a better crowd. maybe it was just the night 1 went but it was empty. The music was pretty good and the place has really nice decor. The drinks are average price and the bartenders were nice. • Pros: Cheap Food, Nice Decor, Nice Bartenders • Cons: Lonely Club, Older Crowd • Overall user rating: Average Great night club Posted by kedaface on 06/08/2006 I loved the different rooms...the drinks and food were great...YOU CAN GO OUT TO AN UPSCALE RESTAURANT AND CLUBBING IN THE SAME PLACE....SAVE GAS • Pros: GOOD DRINKS • Cons: POSSIBLE DUI, ONLY IF YOU LIKE THE APPLE MARTINIS...LOL • Overall user rating: Highly Recommended • Beautiful Club in the South Bay Posted by tiffanysclee on 11/05/2005 Saffire is an awesome place for dancing in the South Bay. It is spacious, beautifully decorated and lots of beautiful people. We went there for their Halloween party and it was great fun. Don't count this place out if its not on the pier...Saffire is much better than some places that have a small and smelly place. • Pros: Big, decor, lots of bars • Cons: not on pier • Overall user rating: Recommended a bit cheesy Posted by j_ayy178 on 08/18/2005 this place is nice if you want to dress down and be comfortable with your buds, but from the website it is quite misleading. It "appears" to be a chiq club/lounge but when I got there, crowd was quite dressed -down and the decor was a bit cheesy... • Pros: drinks cheaper • Cons: coo casual, cheesy setting httn://Iosangeies_citvsearch _cnm/review/417'1077R (3 ni /nR/'nn7 Saffire Nightclub & Lounge - Hermosa Beach, CA, 90254 - Citysearch Page 2 of 3 • • • Overall user rating: Average New. CS 411 Get Citysearch info from your mobile phone. Click here to find out more... 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Fitness-Singles.com TUESDAYS @ CLUB SAFFIRE CLICK HERE TO VIEW UPCOMING CONCERTS Grand Opening Friday December 2 @ Savannah West j Brand New Built Elegant Upscale New york Style 21 & over Nightclub in Los Angeles... Advertise on this site Join Solo Sabor's mailing list Email: Googly ith ,s , ti Q.{alli CLICK LEES » Savannah West Click here to get on our discounted guestlist - $10 cover before lOpm SIGN UP NOW TUESDAYS SALSA TUESDAYS - 2 Dance Areas - Hermosa Beach httry//cnlncal,nr enm/PVPrLtc/nlnhQn-FSrF+/ New Salsa Club in Hermosa Beach Opening Night - Tuesday October 11, 2005 - Every Tuesday there after, Three Dancefloors - Plasma Screens - Live Dance Shows - Concert Sound & Lighting Room 1 SALSA - DJ Ordonez; West Coast Salsa Congress 2003 & DJ Victor Rurnbero; Mama Juanas, Cohibas, cortez bar Room 3 Hip Hop / Reggaeton - DJ Ernie G & Seedless; Pinc. Events INTERNATIONAL DANCE INSTRUCTORS Salsa lessons w/ cover 8pm-9pm 14, Salsa Cumbia Mererng ue :`:.Boleros. and more with. n1 KIR/1Af17 Club Saffire Hermosa Beach Nightclubs Salsa Reggaeton 18 & Over Salsa Lessons Joby ... Page 2 of 2 • Beginners -intermediate - advanced all levels welcome October 11; Jobybrava - Jobybrava.com October 18; Ricky & Diana Lemoli; Once members of the world renown Salsa brava dance company. 21 & Over - FREE Cover Club Saffire - Hermosa Beach 705 Pier Ave. Hermosa Beach Ca, 90254 www.clubsaffire,com Info Contact: Anthony - (310) 808-3045 • :;. qvats .:{`r; Ads by G000000gle Singles for Salsa View Photo Profiles. Join Free. Find Local Singles into Dance. Fitness-Singles_com Focusrite Saffire Sale Authorized Focusrite Saffire With Free Mic Boom Stand and Cable www.JDSound.com Free Salsa Video Lessons Sign up for 5 free salsa lessons. No purchase required. It's Free www.digifilm.com/dirtysak Top Movers Hermosa Beach Free Multiple Moving Quotes & Guide Affordable Movers in Hermosa Beach TopMovingCompany4 U.com Advertise on this site :ro Rtoil Browse the wets fast , Get Fit*f x + 'ith Goo&Tcdhar. © 2000-2007 Solo Saborr" Latin Entertainment htin-//cnincahnr rnm/Pvpntr/rl,iheaCarp/ _t (11 /(}R/'.0f7 LA.com: Nightlife. Los Angeles Night life Guide: Clubs Bars Night Club LA Bar Guide ... Page 1 of 2 • 410 smo WC KIWI./ A1r[15 I1.51Ia w5D OUB %%% LA .00 )Search LA.com f € sewn Find Deals in your Favorite Cities Destination city: Check-in: Checkout ---.._._.._...,........ 19.....J 1Jan20075 111. s IJan 2007 OR CALL OUR EXPERTS 2417 AT SOO.8e-HOTELS NIYOurCity.YourGuide. •t,) Make Us Your Homopage Monday, Jan 8 Temp: 50° Guides f LA.COMfidential Blog t Showbiz I SITEMAP # tA0110N ,j CLASSIFIEDS & NIGHTLIFE GUIDES. LA's Hot Nightlife • Royalty Guide Monday Night Clubs Tuesday Night Clubs Wednesday Night Clubs Thursday Night Clubs Friday Night Clubs Saturday Night Clubs Sunday Night Clubs Downtown Nightlife Westside Nightlife Valley Nightlife Gay Nightlife Electrontca Dance Clubs Tequila Bars Wine Bars Sports Bars Happy Hour Cabana Hopping See All Guides WHERE TO GO See Alt (355) . Bars, Pubs & Lounges Comedy Clubs Dance Clubs SEE ALSO Nightlife Gossip Party Pix Plus One Newsletter Pius One Archive Live Music Events Email the Nightlife Editor tt) 1-- 0 iL 0 print e-mail to a friend Address: Cross Street: Neighborhood: Type: Hours: dining in this area official website 705 Pier Ave. Hermosa Beach, 90254 > map it (310) 372-9705 Ardmore Ave. South Bay & Long Beach Hip -Hop & R&B Daily 11pm-2am other clubs in this area events atolls location Hermosa Beach's largest club brings Ming to the South Bay. Owner Dan Miller transformed the 9,000 -square -foot space formerly known as 705 into a pulsating three-room club i could rival some of Hollywood hottest spots. (The late to get in snakes around the block on weekends.) Diverse crowds flock from neighboring cities in their best threads—a strict dress code is enforced, even though the beach is just five blocks away. The Asian -influenced Ruby Room draws in fans of electronica and house, and old -school jams rock the dimly lit room adjacent, but the main attraction is the Saffire Room, a sea of blues, crisp whites, silver accents and pulsing hip-hop beats. White mod-ish leather couches se.arated b sit r curtains create rivate cab r pro athletes and wealthy beach bums. • e booth s •erc •irect a f th booth, which overloo s the elevated dance loor, •ut a th In back is the place to be seen. The crowd is hot, but the cocktail servers—in deep blue skin-tight dresses—might be hotter.— _ Sarah Spada - AV Tip: The club hits capacity most nights, so arrive before 11 pm to make sure to get in. Et Get nightlife updates delivered to your mailbox once a month by subscribing to Plus One LA.com's free nightlife newsletter. 11 - .,.ii • 1 r - •u - ■ iA Cost: Cover varies on weekends w (4 Atmosphere: Trendy 1— Features: Bottle service is available in the VIP lounge. Parking: Valet and structure LL httrs•//www 1a antra/niahtlifp/danrer1nhc/caffira/[i1 Al f) (g SERVICES Find a: Job. Car, Apartment or Home 1000s of listings each week Buy Tickets: Premium Tickets NEWSLETTERS, OFFERS & PROMOS SUBSCRIBE to the LA.com Scoop Click here to get the FREE weekly newsletter -local events, sample sates, contests and more FEATURED LINKS The Daily News Now Delivers to ALL of LA. Subscribe today and get a FREE Annual Pass to Universal Studios Hollywood! HOTELS & TRAVEL HOTEL DEALS Vegas.com from $29 Ramada Plaza West Hollywood from 8119 Pasadena Holiday Inn Express Hotels & Suites from $80 Loews Santa Monica from $369 Brentwood Holiday Inn Express Hotels& Suites from $86 Universal Studios Holiday Inn Hotels from $89 > book travel now (11 MR /111(17 2 5 6 7: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT AND REVOKING THE APPROVALS FOR LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 705 PIER AVENUE, KNOWN AS "CLUB 705" AND "SAFFIRE" Section 1. The Planning Commission conducted a duly noticed public hearing to consider the revocation or modification of Conditional Use Permit, approved March 18, 1997 (P.C. Resolution 97-26), and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant to Section 17.70.010 of the Zoning Ordinance on December 6, 2006 and January 11, 2007, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 2. Based on evidence received at the public hearing, the Planning Commission makes the following findings: 1. The Hermosa Beach Chief of Police reported major disturbances due to unruly behavior of the patrons and inadequate management .of the existing restaurant, including overcrowding, repeated noise violations, loitering, assaults, serving alcohol to underage customers, and public intoxications. 2. This repeated pattern of disturbances and other violations was determined to be the result of poor management, staffing, and supervisory techniques as required by the Conditional Use Permit, and as required of any responsible operation of an establishment serving general alcohol under the license granted by the State Department of Alcohol Beverage Control. This behavior adversely affected the public welfare and the welfare of surrounding commercial establishmentsand caused excessive noise creating a nuisance, which also inconsistent with the requirements of the Conditional Use Permit. 3. The area approved for outdoor dining use, approved in May 2001, has not been used for that purpose in several years. 4. Based on the above evidence provided by the Police Department the permit has been exercised contrary to the terms and conditions of the permit, in violation of the Municipal Code, and the portion for outside dining has ceased to exist. Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance, the Planning Commission hereby revokes the Conditional Use Permit for live entertainment and outdoor dining and modifies the Conditions of Approval, which supersedes the conditions contained in P.C. Resolutions 9 7-26, and 01-18: 1. The continued use of the restaurant shall be substantially consistent with plans submitted and approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor dining area. Minor modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. iq 3 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .2s .29 • 2. The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a restaurant and no live entertainment. Any intensification of use involving live entertainment, such as providing a disc jockey or other forms of amplified music for customer dancing, any type of live entertainment (i.e. live music whether acoustic or amplified, comedy acts; or any other type of performances) or extended hours of operation beyond what is specified requires amending this Conditional Use Permit. In the event the City establishes an entertainment permit program, the owner must apply and receive the permit in order to offer any kind of live entertainment. 3. If the Conditional Use Permit is amended to provide dancing, live music, or other live entertainment an acoustical analysis shall be conducted to verify compliance with the noise ordinance, demonstrating that noise will not be audible from any adjacent residential use or from the adjacent street. Mitigation measures to attenuate noise may include sound baffles, double -glazing and other methods specified in the acoustical study. The Community Development Director shall approve the scope of the acoustical study. Any sound attenuation recommendations provided in the acoustical study must be completed and approved by the Community Development Department prior to offering live entertainment and failure to implement any of said recommendations will automatically initiate a review of this Conditional Use Permit by. the Planning Commission. 4. The hours of operation for. all operations of the restaurant, including the lounge/bar areas, shall be limited to between 7:00 A.M. and 12:00 Midnight. 5. The parking area and exterior access at the North West side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to access only and appropriate lighting and security. No outdoor use in the north parking area other than access to the facility is permitted. 6. The business shall not operate in a manner as to have and adverse effect on or interfere with the comfortable enjoyment of neighboring residential and commercial property. 7. The business is prohibited from using "outside promoters" to advertise the use to obtain customers. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment that is not part of the primary business use. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 9. The restaurant shall not require any cover charge or fee for general entry into the restaurant or appurtenant areas. 10. The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. 11. The restaurant shall discontinue operations until a detailed seating and occupant load plan, prepared by a licensed design professional, has been submitted and approved by the 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 r • Community Development and Fire Departments. An approved occupant load sign must be posted in the business as directed by the Fire Department prior. to operating the business.. 12. The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. The Fire Chief may determine that there is a repeat pattern of occupant load violations and then shall submit a report to the Planning Commission which will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 13. Any significant changes to the interior layout, which alter the primary function of the business as a. restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the Planning Commission and require amendment to this Conditional Use Permit. General Operating and Standard Conditions: 14. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 15. The business shall provide adequate staffing and management and supervisory techniques to prevent Ioitering, unruliness, and boisterous activities of the patrons outside the business, or in the immediate area. 16. The Police Chief shall determine if a continuing police problem exists, and may require the presence of a doorman and/or security personnel to eliminate the problem, and/or shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission 17. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 18. Any changes to the interior or exterior layout which alter the primary function of the restaurant shall be subject to review and approval by the Planning Commission. 19. The operation of the business shall comply with all applicable requirements of the Municipal Code. 20. Noise emanating from the property shall be within the Iimitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. Section 5. This grant shall not be effective for any purposes until thepermittee and the owners of the 27 property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this 28 grant. 29 . The Conditional Use Permit Amendment, as modified, shall be recorded, and proof of recordation shall be submitted to the Community Development Department. a -i 1 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 29 • r Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend,. indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOLE,: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION I hereby certify the foregoing Resolution P.C. 07- is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of January 16, 2007. Kent Allen, Chairman Sol Blumenfeld, Secretary Date 22, The attachments from the 12-6-06 staff report re. 705 Pier Avenue, Pointe 705/Saffire. 11/29/2006 Club 705 705 Pier Ave, Hermosa Beach 90254 RECEIVED NOV, 3 0 2006 COMMUNITY DEV. DEPT Business Summary for 705 Pier Avenue OWNERSHIP Robert Miller technically still owns club 705 as a sole proprietorship. Robert is currently in escrow with Maximoore Inc. and the escrow is being delayed by the city's administrative action. Maximoore Inc. is owned by Arkadi Minassian and Tim Moore with Arkadi as the main partner. Arkadi has recently taken lead as General Manager pending a possible new deal, partnership, or entity. Maximoore Inc. has a letter of interest from Steven Seagal to enter into a licensing agreement for his Name and other licensing of his trademark merchandise, possible live shows and other to be named activities. STATUS OF TRANSFER The status of the pending sale with Robert Miller and Maximoore Inc, is subject to a few issues and it is a little complicated. The primary hurdles are the CUP hearing with the city of Hermosa Beach and ABC license transfer. Robert Miller has recently become financially insolvent because the financial condition of the business under his ownership was less than what he had expected. He also lost his job at American Honda Motor Co. last year and has been unable (neurological disorder) to work. All of his assets were used to purchase this business and he needs to sell it in order to survive financially. Maximoore Inc. had to pay some expenses for Robert Miller before the close of escrow in order to save the business. If the escrow can't close, Robert is in no position to repay Maximoore for the money that was needed to save the business. If the city and ABC make it impossible to close escrow, they put both the buyer and the seller in a precarious situation. The buyer can't have what he has already paid for and the seller is stuck owning a business that he does not want and can't afford. The matter is further complicated by the fact that Robert Millers home is still being held as collateral by the SBA bank holding the note on the business loan. If the SBA loan payments are not made, Robert will lose his home.. The pending sale obviously affects both parties in an unusually complex financial way and it is fmancially detrimental to both parties (possibly rendering one with no home) if escrow does not close. If the escrow is allowed to close, then Robert Miller can keep his house, try to get well, and leave the future of the business to Maximoore Inc. Maximoore Inc. will then be able to pursue the proposed deal from Steven Seagal to turn this business into THE SEAGAL CLUB. MANAGEMENT Maximoore Inc. would like to operate a business at 705. Pier Avenue. The basic plan incorporates the existing conditions of the licenses and conditional use permit for the location. Maximoore Inc. has not expressed any intent to modify any terms or conditions of either the ABC license or the CUP. This misunderstanding was caused because the previous owner let the business become more of a bar than a restaurant. He did not have the financial solvency to create a much-needed classy place for people to dine. This lack of an upscale restaurant customer base also affected the quality of the general patrons. Enclosed is a copy of the terms for the pending transfer of the liquor license showing the transfer of a type 47 on sale general type eating -place. Arkadi Minassian will initially (pending a deal) oversee the operations as President and operating partner of the company. Mr. Minassian owns several businesses including various successful restaurants, jewelry stores and manufacturers. Managers Xavier Flamenco and John Conachy will be on duty overseeing floor operations daily. Mr. Flamenco has worked in the industry for twenty-four years including eighteen in management. He has been a part of the staff at 705 Pier Ave. for eight years in various positions and is currently employed as the General Manager. His history with the business aids in the return to the original business practices of Pointe 705. Mr. Conachy has worked in the industry for thirteen years in five different countries. His background covers all aspects of the industry from one of the largest clubs in Europe to fine dining. This location has operated as a restaurant, lounge and nightclub for over 8 years. The original plan done in 1998 for Pointe 705 established an upscale dining room, sushi lounge and nightclub. This original plan enjoyed long term success because of the different aspects of the business that complimented one another. The management team back in 1998 (Scott and Shane McColgan) believed that the business could only succeed with the three parts,food, beverage and entertainment, working in conjunction with each other. The current management team believes that the original business model of Scott and Shane holds true for today as well. The goal of current management is to bring the business back to its original business plan. The long-term success at this location will only be achieved by returning to the original model and having a classy restaurant anchor the business with entertainment as a supplemental form of income. The basic business plan will call for an upscale dining room as the main foundation for the business. The plan will also establish a sports lounge and nightclub. The plan also reflects the intent to return to basic business practices of the original Pointe 705 plan including special events and fundraisers. The dining room will operate from 11 am until midnight daily. The menu will consist of Sushi and upscale cuisine. The dining room will establish the customer base for a base income for the business as well as cross over clientele for the sports lounge and nightclub. The basic floor plan will remain the same. The main change is to build a large sushi bar, which will decrease the size of the existing liquor bar, adding permanent dining seating. The sports lounge will be a more casual theme featuring a scaled down version of the dining room menu as well as traditional bar appetizers. This room will more suited for a relaxed atmosphere and will present sporting events on 15 TVs including 7 wide screen plasmas. The Sports Lounge will also act as a waiting area for the Dining room and a main entrance to the entire venue. The sports lounge will operate from 5 pm until 2 am Monday thru Friday and 11 am until 2 am Saturday and Sunday. The nightclub will be the main source for entertainment. This room will feature Ballroom type dancing such as Salsa on weeknights and DJs or the occasional band on weekends. Also, the nightclub will host fundraising events for local school organizations and charities as well as special events. Already in the works are events to host Mira Costa's Ja77 Band, the PS, I Love You Foundation and Children's Hospital. This practice is to establish the venue as a part of the community and not just as a business in the city. An acoustic study has been ordered by Maximoore to comply with city noise ordinances and to eliminate any audible noise near residences. Results of the report will be reviewed with city officials to make any repairs or changes deemed necessary. MARKETING Marketing will be done through newspaper and magazine advertisements, emails, and flyers (in-house and with local agreeable businesses) as well as TV and radio advertising. All shall be in accordance to local ordinance specifications. ADDITIONAL MANAGEMENT Currently a deal is in the works to license the name of Mr. Steven Seagal and operate a high end Japanese and Sushi restaurant. Mr. Seagal would also use the nightclub as a venue to perform with his band. The deal would include prominent Japanese businessmen and the main target market would be Japanese businessmen and captains of industry as Mr. Seagal has maintained a very strong fan base in Asia. The restaurant and club will be available to the general public and will include visits from celebrity friends of Mr. Seagal. This deal is contingent on the granting of permits and licensing of the business. The basic business practices would remain the same as would the hours of operation and management. Steven potentially has big plans for this business if the cloud over it is lifted. Steven Seagal is actually law enforcement both on the state (Louisiana) and Federal (Interpol) levels. He would make sure that the business was run according to his own tough standards. • Management staff will grow if a proposed deal with Steven Seagal is made. As Mr. Seagal's staff would incorporate with current management. The basic plan will remain the same but a management company, Lorain Entertainment, according to Steven Seagal's creative, artistic and quality control of the business would supervise all of the entertainment in the club. The restaurant operations will be overseen by a restaurateur that is a legend in the art of fresh sushi and authentic Japanese cuisine. The theme of the restaurant will change to the decor like that of a Japanese teahouse (dark and light woods, fresh plants and flowers, and bamboo) with exceptional product, company, and service being the focal points. For entertainment while dining, traditional Japanese singing and dancing will accompany the fine cuisine. The business will be a show house for Stevens's music, CDs and possible live performances. He will also use the business to showcase and promote his new products such as his new energy drink (Lightning Bolt). He is also interested in charity fundraiser concerts and awareness benefits. He expressed interest in doing a charity event in January if all goes well. He has many influential friends both in the theatrical and music business. Japan Trade USA Inc, and Japan Trade Inc, official licensee of Paramount Picture movie theme park is also interested in using the club to help promote its new multi billion dollar movie theme park being built in Japan as the South Bay is home to a large population of Japanese nationals. A deal is in the works to sell junkets to Japanese tourists who will come here from Japan (Steven is huge American star in Japan) to see THE SEAGAL CLUB. It will be a Mecca of sorts for his growing fan base. Musicians, Celebes, CEO's and fans from all over the world will fly into LA to visit THE SEAGAL CLUB. MANAGEMENT POLICIES Maximoore Inc. has been operating under a temporary license since June 28, 2006. Since taking over, Maximoore has implemented many new policies to maintain a comfortable atmosphere and restore good faith with the community. These changes involved management, security and parking. The change in management began with -Arkadi Minassian taking a more active role as head of operations. The termination of previous management, including one member of Maximoore's original management team, was deemed necessary to renew the role in the community and establish the business as a good neighbor. Because of the lack of sufficient and properly trained security (mainly because the previous owner was insolvent), a new security company was hired soon after taking over operations to alleviate crowd control problems. The policies set were: to increase the number on staff to 12-15 per shift; expand the number of nights with security staff on duty from Wednesday - Saturday and use of trained staff members. The main goals were to manage crowd control, keep the streets and sidewalks clear and to eliminate any nuisance including noise emanating from the parking lot especially at closing. Also, Maximoore has Valet and/or a parking attendant stationed from Wednesday thru Saturday to further control noise from the parking lot. The past owner did not have the resources to lire such a staff. CONCLUSION In conclusion, Maximoore wishes to operate a business in the City of Hermosa Beach not only in compliance with ordinances but also as an active part of the community. We took over operations on June 28, 2006 and have already implemented policies to better comply with city standards and to be a better neighbor. We have renewed contacts with local schools and charities. We have maintained a respectful atmosphere during our short time here and have welcomed advice from local Police and City officials. The result is far less intervention of Police and/ or Fire departments. Maximoore respects the need for a business to comply with ordinances and we feel that we have already taken steps to become a respectful part of this community. Acknowledged by: Ifr Arkadi Minassian, President /0• 4 Lacense query aysuem uura aurnmary License Information nap:uwww.aoc.ca.gowumponu A. 1Jri. ii usp:iv—hvcoi0,10 s,+ License Number: 441937 Primary Owner: MAXIMOORE INC ABC Office of Application: INGLEWOOD Business Name Doing Business As: CLUB 705 Business Address . Address: 705 PIER AVE Census Tract: 6210.01 City: HERMOSA BEACH County: LOS ANGELES State: CA Zip Code: 90254 Licensee Information =Licensee: MAXIMOORE INC -Company Officer Information California Department of Alcoholic Beverage Control License Query. System Summary as of 11/28/2006 Status: PENDING Officer: FLAMENCO XAVIER A, CHIEF FINANCIAL OFFICER Officer: MINASSIAN ARKADI, PRESIDENT Officer: MOORE TIMOTHY LEE, SECRETARY/ASST SEC ;License Types I) License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: PENDING Status Date: 28 -JUN -2006 Term: Months) of 2 Original Issue Date: Expiration Date: Master: Duplicate: 0 Fee Code: NA License Type was Transferred Ont From: 413089 2) License Type: 30 - TEMPORARY PERMIT License Type Status: ISSUE Status Date: 28 -JUN -2006 Term: Month(s) Original Issue Date: Expiration Date: Master: Y Duplicate: 1 Fee Code: NA !Current Disciplinary Action No -Active DisciplirRafyAction found . . Disciplinary History .No Discipi n ry History found . // 11/28/2006 3:34 PM Steven Seagal 2282 Mandeville Canyon Road Los Angeles, California 90049 (310) 476-8700 November 18, 2006 - Arkadi Minassian, President Maximoore, Inc. 4470 West Sunset Boulevard, Suite 107 Los Angeles, California 90027 Re:. Non -Binding Letter of Intent Dear Mr. Minassian, This letter acknowledges that I am considering allowing the licensing of my name only, to Maximoore, Inc., for the purposes of its use in relation to an upscale Japanese private club you are opening in Hermosa Beach, California. By signing below, I am agreeing only to consider the licensing of my name, and this letter is not binding on me in anyway should an agreement not be reached. :If I choose to agree to the licensing of my name, any and all usage will be subject to my personal satisfaction as to how the name is being used. All activities involving the club and the usage of my name will be contingent upon my direct approval, as will be the locale chosen for the club. . • Any agreement we may enter into must include a complete indemnification by Maximoore, Inc. should any liability arise with respect to the use of my name or any other matter involving the club. You must maintain insurance coverage in an amount to be determined by me to insure that I will face no liability whatsoever. Further I will receive a percentage of the gross receipts from the club, which will be determined prior to any ,agreement reached. The foregoing constitutes only the minimum conditions precedent required, and all further conditions will be decided upon should I agree to the licensing of my name. This letter remains non-binding despite any consideration paid to me by you in return for my signing this letter. Any and all.consideration paid is non-refundable. Sincerely, Steven Seagal Arkadi Minassian, President Alcoholic Beverage Control 3927 Lennane Drive Suite 100 Sacramento, CA 95834 RE: 705 PIER AVENUE, HERMOSA BEACH LICENSE TRANSFER REQUEST TO: MAXIMOOR INC. July 17, 2006 OCTRECEIVED 1 2 2006 COMMUNITY DEV. DEPT, The transfer of the "on sale alcohol license from CIub 705 to Maximoore Inc., notice date June 28, 2006 is protested, as outlined below. 1. The new existing club conducts operations under the name of Club Saffire Nightclub Lounge located at 705 Pier Avenue, Hermosa Beach. This "adult" entertainment -nightclub -lounge conflicts with the original Conditional Use Permit granted by the City of Hermosa Beach. It is essential, for the City of Hermosa Beach to have necessary time and opportunity to evaluate this C.U.P. transfer request. 2. Club Saffire is a tenant within a shopping plaza, located on a central thoroughfare, near neighborhood, community facilities, and supermarket. The adult entertainment venue has staged women "pussycat dancers" scantily clothed in the storefront's window to lure and solicit business. The club keeps "lights out" (dark environment) during hours of operation. The environment cultivated at this location is dangerous and threatens residents' sense of security. 3. The club is located directly across the street from a historically significant educational facility "Pier Avenue SchooI." The school has been a distinctive landmark and source of community pride for Hermosans since construction, 1920s. The school site serves as a multi-purpose community center -park, which includes children programs and a skateboard park. Measures may be implemented in the future, to resume operation of this cornerstone school. A priority for our community is to safeguard the desirability of our educational and community center. An alcohol outlet at this location negatively changes the character. As outlined, this letter represents •a protest of the license transfer and continuation of alcohol licensing at 705 Pier Avenue. The proliferation of alcohol outlets has become the destruction and degradation of neighborhood and community. Notice of all future hearings concerning this matter, is requested. My mailing address is: P.O. Box 1616, Manhattan Beach, CA 90267 Respectfully, gerer osa Beach cc: ABC, Inglewood, CA. Club 705 News and Events • HOT NEW EVENTS COMING SOON! Page 2 of 3 Connect with us at www.m sace.com/dub705 heal sp ce. orm `7 ;a place for friends Click Here and Add us! MONDAY NIGHT FOOTBALL! ARE YOU READY FOR SOME FOOTBALL? Enjoy every game with $9.95 complete steak dinner and a beer with $1 refills! price appetizers, 2 for 1 drinks with allspecials good from 4pm until the end o game! Karaoke every monday night after the games! . Happy Hour parties available! Contact us at (infoOclub705.com) or call our ofi at (310) 372-9705. Visit us online at www.dub705.com. SIN. NIGHT! Service Industry Night on Mondays for FAB (Food And Beverage) Industry at Club Saffire! $3 drinks all night long (except top shelf) for all in the industry! Karaoke from 9pm-close and Guest Bartending! Contact xavierOclub705.com to sign up! • VIP Bottle Service available! Contact us at (infoOclub705.com) or call our offices at(310) 372-9705. Visit us online at www.club705.com HOT WEEKLY EVENTS: Unti Liquid Lounge Happy Hour Every Day from 4-8pm: 2-for-1 Drinks and $2 Drafts with sports on all 32 Plasma TVs! Happy Hour .parties available! Contact us at (infoclub705.com) or call our off at (310) 372-9705. Visit us online at www.club705.com JAMAICA WEST! Every Wednesday at Club Saffire Free all night from 9pm-2am with Roots, Reggae, Dancehall and Hip Hop. For guest list, call Rasta .at 323-980-3444. _ VIP Bottle Service available! Contact us at (info©club705.com) or call our offices at (310) 372-9705. Visit us online at www.club705.com THURSDAY SALSA NIGHT! . • Every Thursday at Club Saffire Free all night from 9pm-2am with Roots, Reggae, Dancehall and Hip Hop. For guest list, call Rasta at 323-980-3444 . VIP Bottle Service available! Contact us at (info(a�club705.com) or call our offices at (310) 372-9705. Visit us online at www.club705.com MEMBERSHIP BENEFITS INCLUDE: 9/12/2006 ,t s I.lUU ! VJ 1NCWS 1111U Xwellis 410 .rage 1 U1 s•-.4 i::-5;`;. - 1 tI-,; 1 1 44 >:'�Y`-;. .. i3f;:z.�..•( B. 4 ------- CLUB 705 IS BACK IN FULL FORCE!: EVERY SUNDAY STARTING SEPTEMBER 10TH THE NFL 15 BACK AND FEATURED AT 705 Go BIG or go home! 705 is your Fantasy Football,Headquarters! If you are ready for the NFL to kickoff, then come to 705 and cheer for your favorite teams with huge drink specials, a bloody mary bar, and food specials all day long! VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online www.club705.com Saturday, September 23rd END OF SUMMER PAJAMA PARTY! Featuring Eric Jagl $5 cover with PTs, $10 without. Doors open at Spm. $5 Call -Its! Sweet Dreams Specials for only $3 include Jaeger shots, 180 bombs, Sambucca Sweet Dream, Sleepless in Hermosa, Midnight Snack plus the Midnight Pillow Fight! Sexiest pillow fighter wins a cash prize! VIP Bottle Service available! Contact us at (310) 372-9705. Visit us online www.club705.com CONNECT WITH US ON MYSPACE! HOT NEW EVENTS. COMING SOON! Connect with us at www.myspace.com/club705 Click Here and Add us! 9/18/2006 MONDAY NIGHT FOOTBALL! ARE YOU READY FOR SOME FOOTBALL? Enjoy every game with $9.95 complete steak dinner and a beer with $1 refills! 1/2 price appetizers, 2 for 1 drinks with all specials good from 4pm until the en L 3 4 6 9 10 11 12 13 14 15 16 I7 18 19 20.. 21 22 23 24 25 26 •27 28 29 1 P.C. RESOLUTION 01-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW OUTDOOR DINING IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE ALCOHOL AT 705 PIER AVENUE LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT NO. 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, 2Nn ADDITION TO HERMOSA BEACH TRACT Section 1. An application was filed by Shane McColgan, seeking approval for on -sale beer and wine in conjunction with a restaurant; Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for the Conditional Use Permit Amendment on May 15, 2001, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission; Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The subject restaurant site is already authorized for on -sale alcohol by a Conditional Use Permit granted on March 15, 1994 (P.C. Resolution 94-10); 2 The change from outdoor seating to outdoor dining will not significantly intensify the use of the site; 3. The potential noise impacts that might result from the outside dining are Iess than significant because the restaurant is located within a commercial area with no residential uses nearby; Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned SPA 8, and is suitable for the proposed use;. 2. The proposed use is compatible with surrounding commercial and residential uses; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts -resulting from the issuance of this Conditional Use Permit Amendment; 4. This project is Categorically Exempt.pursuant to Section 15303c of the California Environmental Quality Act. Section 5. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit subject to the following Conditions of Approval; 1. The project shall be substantially consistent with submitted plans as reviewed by the Planning Commission on.May 15, 2001. Modifications to the plan shall be reviewed and 2 3 4 5 6 7 8 10 12 • 13 • 14.. 15 16 40 may be approved by the Community Development Director. The applicant shall alio submit a seating plan for review and approval to the Community Development Director. 2. The outdoor dining shall be limited to hours of operation between 8:00 A.M. and Midnight Sunday through Thursday, and between 8:00 A.M. and 2:00 A.M. on Fridays and Saturdays. 3. A decorative railing shall be provided to clearly delineate the outdoor dining area from the public sidewalk. 4. At no time shall the public sidewalk be used by food service personnel. 5. No recorded music or amplified music is allowed in the outdoor dining area. 6. The existing Sycamore tree located within the proposed outdoor dining area shall be left undisturbed. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in the parking areas. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 17 10. The Police Chief may determine that a continuing police problem exists, and may authorize 18 the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will i9 automatically initiate a review of this Conditional Use Permit by the Planning Commission. 20 21 22 23 24 11. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. . . 12. The applicant shall submit a detailed seating and occupancy plan prepared by a licensed design professional, which shall be approved by the Community Development Department prior to issuance of building permits. Any significant changes to this interior layout which would alter the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. 25 13. The project and operation of the business shall comply with all applicable requirements'of 26 the Municipal Code. • 27 14. All Conditions of Approval from Planning Commission Resolution 97-26, which do: not 28 specifically address the outdoor dining use, shall remain in effect. 29 Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a the office of the Planning Division of the Community Development. 6 7 8. 10- 11 12 13 14 15 16 17 18 19 20" 21 22 23 24 25 26 27 28 29 Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents; officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense: If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permitteeshall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: Tucker, Kersenboom, Chairman Perrotti. NOES: None ABSENT: Hoffi,ian,_Pizer ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution. P.C. 01-18 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of May 15, 2001 Sam Perrotti, Chairman Date CuprOJ-1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 • 20 21 22 23 24 • 25 • 26 27 28 29 P.C. RESOLUTION 97-746 A RESOLUTION OF THE PLANNING COMMISSION OF TJIL CITY OF HERMOSA BEACH; CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING PLAN, AS AMENDED, TO ALLOW TWO STAGES AN ADDITIONAL BAR AND ADDED SEATING IN CONJUNCTION WITH A RESTAURANT WITH ON -SALE ALCOHOL AT 705 PIER AVENUE AND. LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND ADDITION TO HERMOSA BEACH TRACT • • WHEREAS, the Planning Commission held a public hearing on March 18, 1997, to receive oral and written testimony regarding an application for a Conditional Use Permit Amendment and made the following findings: A. The subject restaurant .site is already authorized for on -sale alcohol by a Conditional Use • Permit granted on March 15, 1994, (P.C. Resolution 94-10). B. The additional seating, bar, and stages will not significantly intensify the use of the site as • long as the use remains primarily a restaurant; D. The use of the site for a restaurant is appropriate for the subject location and will be compatible with sin -rounding commercial activities along Pier Avenue; E Strict compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the Conditional Use Permit; F. The project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301. New Construction and Conversion of Small Structures of the CEQA guidelines, as it involves the minor alteration of an existing facility. NOW, ilik,REFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California does hereby. approve a Conditional Use Permit and Parking Plan Amendment to .allow stages and an additional bar to the existing restaurant with on -sale alcohol, subject to the following conditions, which supersede the conditions of Planning Commission Resolution 94-17: • SECTION Specific Conditions of Approval 1. • The project shall be substantially consistent with submitted plans.. Modifications to the plan. shall be reviewed and may be approved by the Community Development Director. 1610501 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 29 �- 4 Plans shall indicate that the outside waiting area shall have no service. In the event that future service occurs, at no time shall the use of the public right-of-way be used by the servers. 2 The primary emphasis of the business shall be maintained as a restaurant. Live entertainment and dancing shall be secondary, and shall not be a separate or main attraction or show, or promoted as such. 3. The hours of operation shall be limited to between 8:00 A.M. and 2.00 A.M. daily_ 4. Live entertainment shall be limited to using non amplified instruments such as a piano, guitar, violin, etc. If entertainment is to include amplified (i.e. use of electrical amplifier) live entertainment, an acoustical study shall be prepared by an acoustical expert, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to ensure compliance with the noise ordinance. Said study and sound dampening features shall be reviewed and approved by the Community Development Director and shall be implemented in the building. a. c. The acoustical study shall be based on the worst-case noise scenario, or on a sound. level that will not be exceeded at any given time. Management shall be responsible for the music/entertainment volume levels. During the performance of any amplified live entertainment, the exterior doors and windows shall remain closed. SECTION II General operating and standard conditions: 1. . The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. The business shall provideadequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in the parking areas. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. The police chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the "Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. Any significant changes to the interior layout which would alter the primary function of the restaurant shall be subject to review and approval by the Planning Commission. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. SECTION III 97 1610501 1 2 3 4 5 6- 7 8 10 11 12 13 i,...... , .. This grant shall not be effective for any purposes until the permittee and the owners of the property . involved have filed a the office of the Department of Planning their affidavits stating that they are aware of and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the. Planning Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court ()flaw, all the other conditions shall remain valid an enforceable. Permittee shall defend, indemnify and hold hornless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this .permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the pennittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 14 The subject property shall be developed, maintained and operated in full compliance with the •conditions of this grant and any law,• statute, ordinance or other regulation applicable to any 15 development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 29 SECTION IV The Planning Commission may review this Conditional Use Rermit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: NOES: ABSENT: ABSTAIN: Comms. Perrotti, Pizer, Chmn. Tucker none Comms. Merl, Schwartz none CERTIFICATION I hereby certify the foregoing Resolution P.C. 97- 26 is a true and complete record of the action tak • the Plannin. Commission of the City of HermosaBeach, California, at their regular m etin M.. i:/997. Peter Tucker, r hairman Date cw974 - • • 97 1610501 HERMOSA BEACH POLICE DEPARTMENT This document outlines ongoing concerns at the business on 705 Pier Avenue in Hermosa. Beach, California. The Alcohol Beverage Control License for this establishment is 413089. On 07092006 two men reported that they were assaulted by at least two employees of the business. The case is currently under investigation. The HBPD case number is 06-2494. On 07072006 officers were dispatched to a report of loud noise at the location. The police dispersed a group of people loitering on the premises. On 07012006 officers were dispatched to a report of a kidnapping at the business. The involved party was reported to be an employee who was involved in an altercation with a female companion. Both were reported to be possibly under the influence of alcohol. A report was not filed. At this time there is no investigation. Officers contacted a subject in front of the business and subsequently arrested him for public intoxication. The HBPD case number is 06-2278. On 06182006 officers were dispatched to a reported disturbance involving loud subjects outside the business. The officer observed that patrons gathered outside the business after closing waiting for transportation were the cause of the disturbance. On 06112006 an officer reported observing a fight at the location. No crime report was made. On 06102006 a customer reported that a man was bleeding from the head inside the business. HBFD responded and observed severe overcrowding. The HBFD issued citations for both overcrowding and maintaining a hazardous condition. The case number is 06-1967. Because of the large crowd that had to be removed from the business, police officers from two adjacent cities, Redondo Beach and Manhattan Beach, were called to the scene to assist the Hermosa Beach police officers: The incident lasted approximately one and one half-hours. • HERMOSA BEACH POLICE DEPARTMENT On 06102006 a resident reported a loud music disturbance from the business that was causing a kitchen appliance to vibrate. On 06022006 officers were dispatched to a report of a noise disturbance at the business. Officers observed a large group of patrons outside at closing that were the cause of the disturbance. On 05142006 officers were dispatched to a fight at the business. One of the subjects involved in the fight was subsequently arrested. The HBPD case number is 06-1579. On 05112006 officers were dispatched to a noise disturbance at the business. Officers observed the cause of the disturbance to be patrons leaving at closing time. On 04082006 officers were dispatched to a battery investigation involving a customer who was allegedly struck by an employee. Officers determined that the employee and customer had engaged in mutual combat and no report was taken. On 03252006 officers were dispatched to a fight at the business. Officers observed disturbances related topatrons leaving the business and remained on scene an additional ten minutes for the crowd to disburse. On 03192006 officers observed a disturbance at the location and responded to keep the peace. On 03182006 officers were dispatched to the location for a report of a drunk driver. The suspected driver was an intoxicated male who was refused entry to the business. Officers did not find the vehicle. On 03162006 officers were dispatched to a disturbance involving loud music from vehicles parked in the lot behind the business. HERMOSA BEACH POLICE DEPARTMENT On 03122006 officers were dispatched to a fight at the location involving two females. Upon arrival officers observed that the fight had already ended. No report was taken. On 03032006 officers conducted two separate business checks at the location. During the first check they observed under aged individuals attempting to gain entry to the business. During the second check they observed consumption of alcohol by under aged patrons. The HBPD case number is 06-734. On 02192006 officers were dispatched to a disturbance involving loud subjects and vehicles at the business. On 02062006 officers were dispatched to a disturbance involving loud music coming from vehicles parked outside the business. On 02022006 offcers were dispatched to a disturbance involving loud music coming from vehicles parked outside the business. The twenty dates listed above represent incidents reported at the business in the past 6 months. They involve multiple violations of law, including the Cplifornia Penal Code, the Hermosa Beach Municipal Code, the Fire Code, as well as the Conditional Use Permit issued by 'the city to the business. Because of these issues the HBPD opposes the license transfer, until or unless additional restrictions are placed with the license. The HBPD also requests the current license be investigated for compliance with the Department of ABC. Sgt. Lance Heard#140 rt te_ vt L-4-1 ri f-vr /13 itAt. 114. .stAort Hermosa Beach Fire Department Memorandum Date: 6/12/2006 To: Chief Tingley From: Captain Crawford Re: Operations at Hermosa Nightclubs Recently, a resident phoned the H.B.F.D. to voice her concern regarding the use of "Go -Go" dancers in Hermosa Beach Night Clubs. She felt it was offensive, and didn't believe they should be allowed in our city. Although she did not want to leave her name, she asked that we look into the practice of having women, with very little clothing, dancing on stages. I have personally witnessed this practice at "The Dragon," "Blue 32," "The Shore," as well as this past Saturday night at "Saphire." I am not sure which. department handles these type of "Use" issues, so I am forwarding this concem to you. Please let me know how we should proceed. Respectfully, (W-Apcti /4 - Captain Crawford Z6 Hermosa Beach Fire Department Report of Overcrowding Date: 06/1012006 To: Watch _Commander From: Captain Crawford Re: Occupancy Violation CC: Chief Tingley, Assistant Chief Gomez DR# 1967 FR# 900 On 06/10/2006 at approx. 2300 hrs. Hermosa Fire Units were dispatched to a rescue call at 705 Pier ave. Club "Saphire." Upon arrival, rescue units were not able to gain entrance to the building due to excessive nuinbers of patrons outside the business blocking the entrance, as well as what appeared to be overcrowding inside the club. At that time, Ell was dispatched to assist with the overcrowding issue. Summary Upon arrival at Club Saphire, we found a very large crowd outside the business completely blocking the sidewalk, and forcing pedestrians to walk around the parked cars on Pier Ave. and into the fust lane of traffic to get up or down the street. We met the doorman at the western most entrance and asked him if he knew how many people were inside the business. He stated that he was not sure, but he was sure it was less than the 800 that they were allowed. t advised him that he was mistaken about how many people were allowed into Club Saphire, and that tliey should be kept just over 400. At this point I had Engineer Marks, andFFF/PM Lopez do independent counts with manual "Clickers" and report back to me with numbers for each of the three designated occupant areas. I also advised the Doorman that no one else was allowed into the business until the count was complete. Upon completion, the count totals were: Engineer Marks 147, 140, 238 = 525 FF/PM Lopez 140, 130, 252 = 522 The approved total occupancy is 447 The business was in violation of Section 2501.16.3 of the Uniform Fire Code. Overcrowding and admittance of people beyond the approved capacity of a place of assembly is prohibited. 103.4.4 UFC/15.20.010 Hermosa Beach Municipal Code, Maintaining a Hazardous condition. Interior Inspection The interior of the business was extremely crowded. Free movement was impeded, with aisles and means of egress obstructed or nonexistent. Issuance of Citation Manager Xavier A. Flamenco III was cited . Mr. Flamenco acknowledged the overcrowding situation, apologized, and stated they had accidentally booked 2 parties for the same night and allowed too many people. in. - Violations Observed Permitting Overcrowding Uniform Fire Code Section 2501.16.3 Maintaining a Hazardous Condition 103.4.4 UFC/15.20.010 HBMC Attachments Fire Incident Report Copy of Citation Occupancy Load Sign James A. Crawford Captain Hermosa Beach Fire Department CC: Fire Chief Tingley Asst. Fire Chief Gomez 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT AND REVOKING THE APPROVALS FOR LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 705 PIER AVENUE, KNOWN AS "CLUB 705" AND "SAFFIRE" Section 1. The Planning Commission conducted a duly noticed public hearing to consider the revocation or modification of Conditional Use Permit, approved March 18, 1997 (P.C. Resolution 97-26), and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant to Section 17.70.010 of the Zoning Ordinance on December 6, 2006, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 2. Based on evidence received at the public hearing, the Planning Commission makes the following findings: 1. The Hermosa Beach Chief of Police reported major disturbances due to unruly behavior of the patrons and inadequate management of the existing restaurant, including overcrowding, repeated noise violations, loitering, assaults, serving alcohol to underage customers, and public intoxications. 2. This repeated pattern of disturbances and other violations was determined to be the result of poor management, staffing, and supervisory techniques as required by the Conditional Use Permit, and as required of any responsible operation of an establishment serving general alcohol under the license granted by the State Department of Alcohol Beverage Control. This behavior adversely affected the public welfare and the welfare of surrounding commercial establishments and caused excessive noise creating a nuisance, which also inconsistent with the requirements of the Conditional Use Permit. 3. The area approved for outdoor dining use, approved in May 2001, has not been used for that purpose in several years. 4. Based on the above evidence provided by the Police Department the permit has been exercised contrary to the terms and conditions of the permit, in violation of the Municipal Code, and the portion for outside dining has ceased to exist. Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance, the Planning Commission hereby revokes the Conditional Use Permit for live entertainment and outdoor dining and modifies the Conditions of Approval, which supersedes the conditions contained in P.C. Resolutions 9 7-26, and 01-18: . The continued use of the restaurant shall be substantially consistent with plans submitted and approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor dining area. Minor modifications to any of the plans shall be reviewed and may be.approved.by the Community Development Director. 1 2 4 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 :27 28 29 • 2. The Conditional Use Permit applies exclusively toon-sale alcohol in conjunction with a restaurant and no live entertainment. Any intensification of use involving live entertainment, such as providing a disc jockey or other forms of amplified music for customer dancing, .any type of live entertainment (i.e. live music whether acoustic or amplified, comedy acts, or any other type of performances) or extended hours of operation beyond what is specified requires amending this Conditional Use Permit. In the event the City establishes an entertainment permit program, the owner must apply and receive the permit in order to offer any kind of live entertainment. 3. If the Conditional Use Permit is amended to provide dancing, live music, or other live entertainment an acoustical analysis shall be conducted to verify compliance with the noise ordinance, demonstrating that noise will not be audible from any adjacent residential use or from the adjacent street. Mitigation measures to attenuate noise may include sound baffles, double -glazing and other methods specified in the acoustical study. The Community Development Director shall approve the scope of the acoustical study. Any sound attenuation recommendations provided in the acoustical study must be completed and approved by the Community Development Department prior to offering live entertainment and failure to implement any of said recommendations will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 4. The hours of operation for all operations of the restaurant, including the lounge/bar areas, shall be limited to between 7:00 A.M. and 12:00 Midnight. 5. The parking area and exterior access at the North West side of the restaurant shall be used for egress to the restaurant only with appropriate signage restricting use to access only and appropriate lighting and security. No outdoor use in the north parking area other than access to the facility is permitted. 6. The business shall not operate in a manner as to have and adverse effect on or interfere with the comfortable enjoyment of neighboring residential and commercial property. 7. The business is prohibited from using "outside promoters" to advertise the use to obtain customers. Promoters as used herein are described as "an individual or organization who uses the facilities of another owner to organize,oversee, or otherwise promote entertainment that is not part of the primary business use. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not be plainly audible from any residence, and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 9. The restaurant shall not require any cover charge or fee for general entry into the restaurant or appurtenant areas. 10. The restaurant shall be subject to annual review by the Planning Commission to verify conformance with the Conditions of Approval. 11. The restaurant shall discontinue operations until a. detailed seating and occupant load plan, prepared by a licensed design professional, has been submitted and approved by the 30 • Community Development and Fire Departments. An approved occupant load sign must be posted in the business as directed by the Fire Department prior to operating the business. 12. The Fire Department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. The Fire Chief may determine that there is a repeat pattern of occupant load violations and then shall submit a report to the Planning Commission which will automatically initiate a review of this Conditional Use Permit by the Planning Commission. 13. Any significant changes to the interior layout, which alter the primary function of the business as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing furniture for dancing shall be subject to review and approval by the Planning Commission and require amendment to this Conditional Use Permit. General Operating and Standard Conditions: 14. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 15. The business shall provide adequate staffing and management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business, or in the immediate area. 16. The Police Chief shall determine if a continuing police problem exists, and may require the presence of a doorman and/or security personnel to eliminate the problem, and/or shall submit a report to the Planning Commission, which will automatically initiate a review of this • conditional use permit by the Commission 17. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 18. Any changes to the interior or exterior layout which alter the primary function of the restaurant shall be subject to review and approval by the Planning Commission. 19. The operation of the business shall comply with all applicable requirements of the Municipal Code. 20. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. Section 5. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use PermitAmeridment, as modified, shall be recorded, and proof of recordation shall be . . submitted to the Community Development Department. 3/ 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafterbe responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operatedin full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION I hereby certify the foregoing Resolution P.C. 06- is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of December 6, 2006. Kent Allen, Chairman Sol Blumenfeld, Secretary Date 7- Subj: Modification or Revocation of CUP, 705 Pier Ave. Date: 11/30/2006 2:05:55 P.M. Pacific Standard Time From: PEqerer To:clerkCchermosabch.org November 30, 2006 Sol Blumenfeld Director of Community Development City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 • Page 1 of 1 RIVED NOV 3 0 2.006 CQMMUl'11Y DEV. DEPT. RE: MODIFICATION OR REVOCATION OF CUP HEARING, DEC 6.2006 Dear Mr. Blumenfeld: I am preparing this email to provide insight for the upcoming hearing concerning the modification or revocation of the conditional use permit for Club 705. Outlined are a few issues together with a sampling of posters and handbills used to promote events held at various restaurant -bar -clubs in town. They include, The Lighthouse Cafe, Pointe 705, Club Saffire, Patrick Molloys, The Pitcher House, and Suzy's. The primary promoter responsible for these punk rock events is AMI PRODUCTIONS. Licensees operate similar to a private club and restrict their "gigs" to ages 21 and older. Yet, these businesses are not zoned to operate as "adult only" and doing so may conflict with the "use permit" and sections of the ABC code. Besides the nuisance conditions created by these events; promoters aggressively lifter our community with handbills, splattering them on the sidewalk, cars and walls. Announcements (some with sexually suggestive images) are left on the ground to be discovered by children. Restrictive policy needs to be written into the CUPs to impose not just fines but also consequences such as revocation of permitted privileges due to breach. When did Club 705 secure authority from the ABC or the City of Hermosa Beach to close down its kitchen and, operate as a -bar? The business continues operation in violation of the permit/license. What controls are in place to prevent any alcohol licensee from diminishing their "food trade" component to cultivate a bar crowd? The city's permissivegrantingof conditional use permits, and unwillingness to constructively manage the operators is the crux of the problem. I am not alone in my disappointment of how the proliferation of alcohol outlets has damaged our community. Residents have been denied resolution and a quality community environment. Respec Il , a gerer e ident c . Planning Commission Public Works Commission Chief, HBPD City Council encl: Punk Event Posters & Handbills 33 Thursday, November 30, 2006 America Online Page 1 of 19 Jackie Drasco From: PEgerer@aol.com Sent: Thursday, November 30, 2006 12:24 PM To: City Clerk Subject: Modification or Revocation of CUP, 705 Pier Avenue (Attachment) November 30„2006 To: Sol Blumenfeld Sample information for the CUP hearing re: Modification or Revocation of CUP at 705 Pier Avenue. www_so 4th baypu n k .com 1 1/30/2006 9 311 1 [ A b-. , <-, and Hermosa. rt*och 3I A24.I. PRODUCTIONS maws • SDAY ROSTER BM JAM LANCE -- JARV KENNEDY RAY RAY — GILLIE - JASOI BLAKE BOE -- ENDO - JOU. RA.OICI — TOY - mor $3 DRAFT BEERS 3 WELL BRINKS 3 BARS 3 SMOKING PATIOS 'LARGEST BANCEPL . IN HERMOSA REAM VIP AREA 1 Ila BOTTLE .SER I F' • 70S PIER AVENUE. HERMOSA BEACH 310-372-5705 RESIDERS' 13.,155 80155 11/30/2006 Page 2 of 19 • 0 :r If4; L •'.0 Ll lg C:"_Jfi..�_k:ee�utai.SLw1; _�63s*k'' �tw3�3gts�a:s�$�r:r: ey�wet:A.r�s;was�„E EF.1 El =fry Wry, • S. 113 L t:l 't.. .....G:. -b b1.IL --.-2=-7q... � 7 E: -L:- e:r3 • i F,` 'E�2 7` ..jE'� :RE ,L Z inch .50l •Y Ml 0 Lt:11:: Leo`Ei'in3Er,-O'E.E:11.?;_ 971.1 11/30/2006 Page 4 of 19 • • 705 PirT; Aur, mom Rat CA www3OUTHIMYPINCtem vffincakierMitam 11/30/2006 3 Page 5 of 19 11/30/2006 3 Page 6of19 11/30/2006 f -E a Page 7of19 Page 8 of 19 11/30/2006 A. M. I. PRODUCTIONS • 4 • ' AIiTSRT -P! ■ OTO-FASH ON SHOW .. . ARTISTS: • Jvff Page .'Big Daddy's Tattoo Sam Hambrick - Bfg Daddys Tattoo Nick Rodin - Classic Tattoo Greg `Crayola' Simkins - imscared.com Sparky - Yet Cheatfn Heart Tattoo Jenny 2/3 - Yet Cheat'," Heart Tattoo Chris'2Shea' May - MTV'S Pimp My Ride John GUI Sophia Polish Danny McCaw Josh Wapoal Jerry Filsson Owen Takabaya&hl Steve Martin Chris bowmen and rears... MUSICIANS: Charlie Marshall-Oavfates Jason Mageau—.Mandan Alec Sawas - Moslem Waste Bobby Dobby - Lunacy Josh Smith -STD's Jeremy Perryman - S•W's PHOTOGRAPHERS: Kristeerla Smith Malt Park'?r Lance Dalgan ATHLETES: Greg Brown ng Dave Helton\ FASHION SHOW: AUCTIV. CADFa FOREN IX POINTE 705- OS PIER AVE HERMOS • BEACH CA 90254 t910J472.97O5 Sat.December 18te,2004 8-31 52 Drinks and Appetisers $pm-2aiu _ www.saelhba pis k.cam °Our file Fareff n p bright." UGAF 5112015grill `ii!rtisSIT !WHIM 11/30/2006 Page 9 of 19 ' ittt . 1 STDS Q int I Page 10 of 19 E 70S 705 PIER AVE. RER*0sA 00. *10.372.9705 lorii ALL AGES. TIM 5 11t1C . DOORS OPS „SOUTH! +� 11/30/2006 3 • • kil.1 PRODUCTIONS SMUT PRIMO F. LODER • STD.S • INSTIGATOR xvte.. #K,015,37\INv\--- x‘vc06- POIN E 705 70u PIER AVE. HE OSA BCHI, 310.372.2705 SUNDArt AN 16 H ALL AGES BOORS 5 p TO( Melts souTHOAVPuNicoit 11/30/2006 Page11 of 19 100/2000 7 8o t• _' _.yP or k, m 4-C Page 12 of 19 LEVE CC RECORDING St111T PEDLLERS %.1.4 11\\SIIIMIO imigtolt4A 9 Om 4*4 r. TuEsur4 titlE ZOO A, yi FREE SHOW 01 souTaliAMINK cowl 11/30/2006 4-6 Page 13 of 19 Page 14of19 • 11/30/2006 Page 15 of 19 1 1/30/2006 Page 16 of 19 FEATURING-..:�-.�.- JO RuD,1 GOY012. KOTIONNOUM P l HLOLL 1 1/30/2006 Page 17 of 19 A..311.1. Productions and Vo1noitt Entettahment>'re srtt ;.:1 ;:. ALL AGES SHO 12 boltOi8 15 bucks at oe door 11/3012006 Page 18 of 19 1 1130/2006 • 1•72..1 A *0102iffe, Er Recording artists *AM! Productionse 1 ]/30/2006 Page19 of 191 TO: FROM: DATE: RE: City of Hermosa Beach Residents December 6, 2006 CLUB 705, CUP REVOCATION/MODIFICATION HEARING Revocation/Modification of Conditional Use Permit RECEIVED DEC 0 6 2006 COMMUNITY DEV. DEPT Proposal made by Arkadi Minassian "applicant" in letter dated November 29, 2006 will insure chronic nuisance conditions. Applicant seeks to establish a "sports bar" that features amplified music, special event promotions, and live entertainment, and oversized plasma screens. The proposed business will conflict with the surrounding residential area. Furthermore, the flagrant disregard of CUP conditions, state statutes, and municipal code has been demonstrated. Violations during 2006 have included, • Staged sexual exhibitions in the storefront window using erotic dancers. > Closure of restaurant operation, unauthorized. > Advance ticket sales and/or "cover fee" at the door to gain entry. > Promoted events which excluded persons under 21 yrs. of age. > Overcrowding conditions in violation of Fire Code. A. Recommended Action: To revoke the "land use" permits for entertainment and alcohol. B. Restrictive Modification: Terms to include; Promotions 1. NO advance ticket sales or cover charges to gain admittance. 2. NO promotional events. 3. NO gatherings based upon "standing room" only. Alcohol 4. Alcohol sales to be accounted for separately from food. Gross income received from alcohol NOT to exceed 50% of the gross sales from the food trade. 5. License type to be changed to wine and beer sales only. 6. Alcohol served in conjunction with ordering a meal. 7. NO meals would be served in bar. 8. NO serving of alcohol to persons who are obviously intoxicated. 9. Existing three (3) bars to be reduced to one. 10. Alcohol to be served to those seated. People standing and drinking NOT allowed. 11. NO promotion of alcoholic drinks such as "drinks 2 for 1" or reduced pricing for refills. 12. NO "bottle to go" service. Advertisement & Marketing 13. Advertisements, handbills, postcards, or promotions will NOT be allowed. (Example; pussycat dancing, contests, or age restrictions.) Page 1 of 2 identifying "adult entertainment" lingerie modeling, sexy clothing SUPPLEMENTAL INFORMATION • • 14. Promoters, property owners, leasing agent, lessee and club operators all to assume responsibility for prevention of nuisance conditions, and content of marketing materials. 15. NO littering of posters, event flyers, decals, or handbills. 16. Billboard restrictions. Entertainment 17. NO private rooms, curtained booths, or temporary doors that create privacy. 18. NO amplified music, live entertainment, performance platforms,or stages. 19. NO scantily clothed persons or exhibitions in the storefront window. 20. NO electronic plasma screens in view from the street or sidewalk. 21. Plasma screens NOT to exceed a size of 3' in length/width. 22. NO adult videos. Hours 23. Monday -Friday 4:OOpm-10:OOpm. Saturday and Sunday 11am-10pm. These hours would apply to the entire business (bar, restaurant, and dance floor.) Operation: 24. Open to general public. 25. NO private club, sports bar, lounge, nightclub, or auditorium. Dress Code 26. Dress code applicable to all guest entertainment, employees and patrons. 27. Attire designed or worn to expose private body parts, banned. 28. NO swimsuits, lingerie or bare chests. Windows 29. Heavy window coverings (room darkening) to be eliminated. Terrace 30. NO standing, drinking or sitting in patio -terrace fronting along Pier Avenue. Security 31. Cordoning of sidewalk, impeding the right-of-way of pedestrians, prohibited. 32. Valets and garage security to remain off sidewalk. Parking 33. Free parking to be provided patrons within designated parking structure on Ardmore. Page 2 of 2 From: romans.10.9@juno.com Sent: Tuesday, December 05, 2006 3:58 PM To: Yu-Ying Ting Subject: To the Planning Commission Hello, Page 1 of 1 I am writing to ask you to take great care in granting changes to the restaurant/bar at 705 Pier Avenue. Lower Pier Avenue is already rowdy and crowded, please don't bring that to upper Pier. I am a walker, with family, friends, visitors and dog. We enjoy the stroll down Pier Avenue to the beach at all hours as well. as daily life to library, post office, restaurants, and shops. If this restaurant gets more seating, more waiting areas (or at least an outside area) and live entertainment it most likely will bring noise to the neighborhood, will push the crowd and noise outside and onto the sidewalk itself. This restaurant is almost at the gateway to Hermosa Beach, a potentially terrific dinner and afterspot for the theatre across the street, instead it will be a noisy, drunken, unsightly bar -barely -restaurant. It will smell like booze and won't even be a nice business lunch restaurant. I think that would be a disgrace to Hermosa Beach. Let them go to lower Pier to party and let some part of Hermosa Beach remain civilized. I just envision that these changes will encourage drunks, indecent mating rituals and the use of Pier Avenue and the parking lots as 'facilities.' Please don't let 705 Pier Avenue behave more like a bar than a restaurant. Thanks for listening, Sharon Lubin Redondo Beach file://F:\B95\CD\PC\2006\12-06-06\6 - 705pier supplemental.htm Supplemental Information AU "14- 12/05/2006 KENT BURTON BRAD N. BAKER ALBRO L. LUNDY, III ANNE MCWILLIAMS BAKER B[RTO> 4IJNIK December 6, 2006 Via Hand Delivery Sol Blumenfeld City of Hermosa Beach Community Development Department 1315 Valley Drive Hermosa Beach, CA 90254-3884 Re: Saffire / Pointe 705 Club 705 Pier Avenue Dear Mr. Blumenfeld: ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 515 PIER AVENUE HERMOSA BEACH CA 90254-3889 TELEPHONE: 310 • 376-9893 FACSIMILE: 310 • 376-7483 RECEIVED DEC 0 6 2006 COMMUNITY DEV. DEPT '1FCEIVED utt; 062006 L:oMMNITY DEV. DEPT. This letter confirms our telephone conversation today wherein I advised that this office has been retained this morning by Mr.. Arkadi Minassian and Maximoore, Inc. for representation regarding their interests in the Saffire / Point 705 Club. Mr. Minassian and Maximoore, Inc. are - the current real parties in interest as they hold the leasehold for the premises. As I discussed with. you, I have a conflict this evening and at this point appear to be unable to attend the Planning Commission hearing tonight. Therefore, I formally, by this written request, ask for a continuance of the revocation/modification hearing for Conditional Use Permit, which is currently set for this evening, Wednesday, December 6, 2006. I want to stress that this continuance is not requested for the purposes of delay and/or manipulating the public hearing. I have just been retained and have not been able to properly prepare for the hearing, in addition to the fact that I have a conflict. As I explained to you, because this is a revocation hearing, it seriously impacts my clients who are the new owners of the leasehold. My clients have had nothing to do with the past operations and asserted violations of the previous owners. My clients intend to operate an upscale establishment which will be nothing like the previous Saffire / Pointe 705 Club. My clients intend to partner with Mr. Steven Seagal in establishing a premier sushi bar and restaurant. They will strive to create a sushi bar and restaurant of which the City of Hermosa Beach can be proud. This restaurant will attract the type of clientele which the City of Hermosa Beach desires. My clients are seeking to change the negative image that exists in the minds.of Supplemental � Information 1_ Sol Blumenfeld City of Hermosa Beach Re: Saffire / Pointe 705 Club 705 Pier Avenue December 6, 2006 Page 2 Hermosa Beach residents regarding Pointe 705 which is effected by the negative attitude toward the Pier Plaza. Maximoore seeks to create an environment where mature patrons can enjoy a fine dining experience in a relaxed atmosphere, where they can enjoy, excellent wines and spirits in a safe, non -intimidating environment. The new Seagal establishment is exactly the type of restaurant that the citizens of Hermosa Beach are hoping for, a restaurant which will eliminate the unruly drunkeness that currently prevails in this city on Friday and Saturday nights. As the Planning Commission knows well and which I believe is an unwritten policy at the present time, our community desires a new culture in its restaurant establishments. But, Maximoore needs to be profitable to survive. The Commission is well aware that the survival of restaurants is tenuous at best. We see restaurants fail every month. The Seagal establishment must create a place where people want to come and spend their money. It is crucial to the survival of the restaurant that it be able to provide its patrons with an evening out that does not have to end prematurely. The business model and plan requires that the Seagal establishment retain its current CUP provisions, including hours of operation. The Seagal customers will enjoy themselves responsibly in the safe, relaxing environment. Maximoore does not want to have to arbitrarily cut short their evening, especially considering the fact that they will have made a significant financial investment to go out for an evening to a fine restaurant. If the hours are shortened, the Seagal establishment will be unable to compete with fine dining restaurants in other beach cities, most of whom are open until 2:00 a.m. The City of Hermosa Beach needs to attract the type of businesses and patrons which will change the culture of the :City, especially on Friday and Saturday nights on both upper Pier and Pier Plaza. We would like to re -schedule the hearing for the next meeting on January 16, 2007. Thank you for your consideration. ALL:jw club705.com - DINNER RESERVATIONS Page 1 of 2 • 110111":• ABOUT US NEW MENU COMING SOON Mushroom Steak Sandwich $10.00 Steak, sauteed mushrooms, on a French roll, lettuce, tomato, red onion, on a French roil, side of mayo fries and a pickle Steak Sandwich Dinner with blue cheese $12.00 Steak,sauteed onions and peppers, blue cheese crumbles, on a French roll, lettuce,tomato, red onion, on a French roll, side of mayo fries and a pickle Salads Green Salad $4.00 Chef Salad $8.00 Mixed greens, sliced turkey, ham, bacon bits, chicken, blue cheese crumbles, h- rd boiled egg and cheese Fried Chicken Salad " $7.00 Breaded and fried chicken breast, mixed greens, cheese and green onions Caesar Salad $6.00 Chopped Romaine lettuce with Caesar dressing,siked anchovies,croutons awl Parmesan cheese - " • Chicken Caesar Salad Steak Caesar Salad ShrimP Caesar Salad 705 Chicken Salad Mixed greens, grilled chicken breast, mango salsa Flermosa Steak Salad $8.00 Mixed greens, steak, sauteed onions, sauteed peppers, sauteed mushrooms„ blue cheese crumbles with Italian dressing , 2 RECEIVED JAN 1 6 2007 COMMUNITY DEV. DEPT. SUPPLEMENTAL INFORMATION pi ttp://www.club705.com/sub/index.jsp?contentid=B8cs3BoCNbbx7Fgq7kyMQBqj&seed=1168295304437 1/8/2007 L club705.com - DINNER RESERVATIONS Snacks Jalapeno Poppers Mozzarella Sticks French Fries Zucchini Sticks Potato Skins $5.00 $5.00 $3.00 $5.00 $6.00 Russet potatoes, mixed cheeses, bacon bits, scallions and ranch dressing. Chicken Strips $7.00 Quesadilla: $5.00 Large flour tortilla, mixed cheeses, Ortega chilies, salsa and sour cream Chicken or Steak Quesadilla $7.00 Buffalo Style Chicken Wings $8.00 Drumettes, carrot & celery sticks and ranch dressing Seafood Grilled or Pried Fish Tacos $7.00 Corn Tor tillas,white fish, Saffire Spice, shredded cheddar/jack cheese, white cabbage, chili mayo Blackened Shrimp Tacos $7.00 Corti Tortillas, succulent shrimp,Cajun blackened spice, white cabbage,and chili mayo Popcorn Shrimp $7.00 Popcorn shrimp, cocktail sauce Catame,ri $6.00 Traditional Caleman, cocktail satrce and chili mayo Fish & Chips $7.00 SandwkhesiBurgers Hamburger $6.00 Lettuce, tomato, red cnion,side of thousand island dressing, fries and a pickle Cheeseburger $6.00 Lettuce, tomato, red onion, side of thousand island dressing, wfsliced cheese, fries and a pickle Mushroom Burger $7.00 Red onion, side of thousand island dressing, Swiss cheese, sauteed mushrooms, fries and a pickle Blue cheese Burger $7.00 Blue cheese crumbles, red onion, red and green bell peppers, bacon bits, garlic aolie sauce, bun, and fries and a pickle Chicken Sandwich $7.00 hoz chicken breast, lettuce, tomato, red on ion,on a French roll, side of mayo fries and a pickle Blackened Chicken Sandwich $7.00 Cajun Chicken breast, lettuce, tomato, red onion, on a French roll, side of chipotle mayo fries and a pickle 705 Chicken Sandwich . $7.00 Chicken breast, sauteed mushrooms, Dijon mustard, lettuce, tomato, 'ed onion, on a French roll, side of mayo fries and zi pickle Hot Buffalo Chicken Sandwich $7.00 Chicken breast,hot sauce, blue cheese, red onion, celery and carrot sticks Deli Sandwich $6.00 Sliced Turkey or Ham, sliced cheese, roll, side of mus tard and mayo,fries and a pickle Page 2 of 2 @ 2007 club705.com, All rights reserved, Powered and designed by Entertainment Results: entertainment website design company. Site Map I Copyright I Disclaimer http://www.club705.com/sub/index.jsp?contentid=B8cs3BoCNbbx7Fgq7kyMQBqj&seed=1168295304437 1/8/2007 club705.com: Entertainment Inc: - HOME Page 1 of 1 December Dth 2006 Maytee B -Day Party December 8th 2006 1 November 22nd 2006 Christnets Party AMI Party September 23rd 2006- August 252006- Ed Eric Jag Hardy Party July 3rd 2006- In the June 30, 2006- Beauty June 3rd 2006- Bobby Scene Magazine Party and the Beat P Saltire rc-5 2007 ciub705.coin. Ail rights reserved. Powered and designed by Entertainment Results: entertainment website design company. Site Map f Copyright Disclaimer http://www.club705.com/index.jsp?mode=gallery 1/8/2007 Mos 0 • Summary of Special Events at 705 Pier Ave. owing events featured DJs. Approximate attendance reflects the number of people attending throughout the entire evening. Date Name of Event 7/3 In the Scene Magazine Party 7/10 Project Origin 8/5 AVP Party 8/12 Dove Entertainment (3 DJ's) 8/13 Chord Brown (3 Bands) 8/19 Underground Live 8/25 Ed Hardy/ BADD Magazine Debut Party 8/26 Art Showcase 8/9 Pink Party 9/10 Project Origin 9/23 Sweet Dreams 10/1 Project Origin 10/7 13 Clothing Reception 10/8 AIDS Awareness Benefit 10/21 Realist 10/27 Ghouls Night Out (4 bands) 10/28 Halloween Party 10/29 TAT Halloween Party 11/3 Eric Jag (Percussionist) 11/22 Pre Thanksgiving (4 Bands) 12/3 Project Origin 12/8 Lushness Christmas Party 12.9 P.S. 1 Love You Foundation Benefit 12/16 UPS Christmas Party 12/31 New Years Eve 1/7 Project Origin 1/10 Steven Seagal Concert 1/13 jason rose party Weekly Promotions; Mondays Karaoke Wednesdays Jamaica West Reggae Thursdays Salsa Approx Attendance 350-400 200 350-400 350-400 300 300 350-400 300-350 300-350 200 250-300 200 350-400 200-250 350-400 350-400 300 200-250 300-350 350-400 200 300-350 250-300 250-300 350-400 200 200-250 150-200 100 150-200 100-150 GENE .IAN 1 6 2007 COMMUNITY DEV. DEPT SUPPLEMENTAL INFORMATION 11-24-06 Audio .A La Carte Mark Nathanson 15205 Grevillea Avenue Lawndale, Ca. 90260 (310) 502-7502 Acoustic Sound Survey of Club 705 Club 705 is a restaurant and nightclub lounge located at 705 Pier Avenue in Hermosa Beach, Ca. The attachment pages are a basic floor plan (not to scale) showing acoustic and amplified audio signal wave levels at various locations inside and outside of the business. Attachment 1 show the "A" numbers in green ink and refer to electronically measured sound Decibel volume levels at the location of the number. "A" refers to active sound waves of full range above 500 HZ to 10KHZ and indicate the weighting scale normally used outside . Sound Systems equipped with sub -woofer amplifying sub -harmonic waves are full range beginning at the 32 HZ range of the low end of the sound spectrum range and are signified as "C" and are shown on attachment 2 in red ink. The "C" measurements are recorded using fast response metering and are most accurate, however, indicate absolute highest peak levels which are not constant. The "C" levels measured are of the weighting scale normally used inside of buildings and dwellings.They are usually random and occur occasionally throughout music playback. In my opinion, the measured levels recorded were quite normal and O.S.H.A. compliant with this type of a business. I recommend to this business that sound absorbing materials be added in locations shown in green ink on attachment 3. Large heavy curtains and carpeting as well as cloth covered furniture's (couches) are good and effective solutions to dampen sound levels. Professional sound absorbing materials certainly work well, and are available at most local chain music stores. I also recommend that the outer doors be kept closed during business hours when higher sound levels are produced. Additional dual paned window glass doors would also be options to reduce outside noise. 86 82 82 74 Sidewalk 90 80 Patio 3 Patio 2 Patio I C1u1vi05 -Sound Surve.Results- Restaraunt seating area Bar 3 100 94 Bar 2 D.J. Booth Stage &V.LP. Kitchen Bar 1 95 90 108 102 Dancetloor V:I.P. Red number readings: Highest Peak Levels Green number readings: Average Levels #3 Parking Lot 86 82 82 74 Sidewalk 90 80 Patio 3 Patio 2 Patio I C1u10705 -Sound SurvelResults- V.I.P. Restaraunt seating area 100 94 Bar2 D.J. Booth Stage &V.I.P. • Kitchen Bar I 95 90 108 102 Dancefloor V.I.P. Red number readings: Highest Peak Levels Green number readings: Average Levels #2 Parking Lot =i Club 705 Nightclub - Noise Case Study The acoustic design of any nightclub is full of conflicting requirements. Clearly, the shell must be acoustically strong enough to contain the music noise levels, which must be established in advance, along with background noise levels in the community and an agreed acceptable music noise level in the community. Hermosa Beach has CUP levels outside of this type of business at 85 db. and at other local establishments. The operator(s) will be under pressure to increase noise levels by customer requests, while other parts of the facility (such as the restaurant, bathrooms, office, etc.) will require some quiet. Noise -at -work regulations need to be considered for employees while maximizing on -dance -floor noise levels. Finally, the contractors who treated the restaurant and nightclub, were on a fixed price agreement. By careful acoustic design of the nightclubs inner shell, and joining rooms, the operator(s) can achieve target noise levels in the community with adequate on -dance - floor music levels. Detailed modeling of the acoustic climate of all parts of the club was carried out and the sound system specification "installed" in the suggested re -positioning of the speakers during re -model. By careful redesigning of the acoustics and the sound system, all parts of the nightclub can be covered with clear, high-quality music at a lower level, while high on -dance -floor levels were maintained. Employees have benefited from acceptable occupational noise exposure, bar communication was improved, and music was intelligible in all areas resulting in more widespread dancing and general enjoyment, and less crowding. Additional suggestions such as new installed double paned doors and windows in the lower main lobby will be effective in lowering SPL's (sound pressure levels) . See attachment diagram for locations. At the operator(s) request, I measured outside levels at 85 db and below, with current improvements. I then was asked to measure levels in the immediate areas around the corner and across the street from the business and found the local traffic readings to be above the businesses highest measured levels at those locations. In conclusion, it appears that the business is not generating excessive noise levels, however, the underground common parking structure for the plaza that faces west is random with bursts of auto and truck noises and people visiting the various businesses in the plaza and surrounding area. Burgers & Sandwiches All served with French Fries Hamburger Regular or add cheese or bacon add .50 each $6.00 Mushroom Burger Fresh mushroom topping sauteed in white wine and Dijon mustard topped with Swiss cheese $7.00 Blue Cheese Burger Topped with melted bl bits Charbroiled Chicken San Charbroiled chicken breast se onions. Try it blackened! 705 Chicken San' Charbroiled chick topping and Swj Hot Buffalo Crispy fried chic celery sticks an• 1 st covered with our fresh mushroom $9.00 rs, onions and bacon $7.00 with lettuce, tomato and $8.00 d with $8.00 New York Steak Sandwi'd1 5 frvPier °Il Tender steak grilled to or rivet tomato and onion ?10`37Z' $10.00 Mushroom topping add $00 Blue cheese topping add $1.00 ha fossabeacon Appetizers Fried Calamari Served with choice of cocktail sauce or our own spicy ancho- chili mayo. $7.00 Jalapeno Poppers A favorite around here. Served with ranch dressing $6.00 Mozzarella Sticks . Served with marinara dipping sauce Potato Skins Covered with melted the ranch dressing Chicken Strips Served with fries and ranch dress "g Quesadilla Large flour tortilla fill cream and salsa Chicken Steak or Shrimp Buffalo Style C Fried golden and tos celery sticks and r Chicken Tacos %Fero" Charbroiled chicken breastitrt µ r d nd our pito de gallo salsa �°`t+ 70" . 5 $8.00 Fish Tacos0 ii $9:00 Shrimp Tacos $9.00 Onion Rings $5.00 French Fries $4.00 $6.00 *ions, served with $7.00 $8.00 with melted cheese, served with sour $5.00 $7.00 $8.00 with $8.00 Salads Mixed Green Salad With your choice of dressing $4.00 Caesar Salad Crisp Romaine lettuce tossed with our Caesar dressing, croutons and topped with parmesan cheese $6.00 Chicken Caesar Salad $8.00 Steak or Shrimp Fried Chicken Salad Crispy fried chicken se mixed cheeses and gree Entrees New York Steak Dinner Grilled to order served with m jd potatoes or fries and mixed green salad. Shrimp Scampi , r Served over ling Fish and Chips Battered and f sauce Salmon Dinner Sauteed in a mashed potato 705 Chicken $9.00 dens topped with nth dressing $8.00 $19.00 $12.00 and tartar 9.00 olver„18.00 a 705 , Pi' Breast meat sauteed with lY j Iijr _ + mustard. Served over ligu - 7 . - Dijon $11.00 prJ.erties. He noted Mr. Coleman's properties may be removed from the list after the Ci y Atto y reviews the files. There bein• o further input, Chairman Allen closed the public hearing. Commissioner P- otti noted his support for staff recommendation to clarify a Merger Ordinance; d asked that the City go with the standard noticing pro Vice -Chairman Kersenboo ' noted his support for staff recommend some money by mailing only those affected property owners. rework the Lot dure. n and suggested saving Chairman Allen noted his concurr- ce with Vice-Chairma ersenboom's suggestion to save some funds by directly contacting o - those prope owners who are affected; and that consideration be given to alternative notic Commissioner Hoffman highlighted the contr. - -rsy in the past with what the public believed was inadequate noticing and noted his pr= renc- to continue with the full notice efforts that includes noticing property owners within e 300 -foot dius. Commissioner Pizer noted his su rt for the fully noticed p cess. MOTION by Chairman Alle►, seconded by Commissioner Perrot', to APPROVE TEXT 06-3 -- Text Amendment regar. g Lot Mergers; that the standard noticing . • licy remain in effect; and to continue this ma r to the February 2007 Planning Commission ' eeting. This motion carried as follows- AYES: ollows AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABS IN: None ENT: None 7. CUP 01-1 -- Modification or Revocation of the Conditional Use Permit (CUP) for on- sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire (continued from November 21 and December 6, 2006 meetings). Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld advised this is a hearing to consider revocation for Modification to the CUP for Club 705/Saffire; stated the business is under new ownership; noted that at the prior meeting, the owner submitted a request to continue this hearing from January to better prepare for this hearing; that the Commission granted that request blit took testimony at that meeting. He noted the club is located in Plaza Hermosa Shopping "'Center; stated that during 2006, the Police and Fire Departments responded to complaints involving fights, public intoxication, under -aged serving, and over -crowding, all summarized in staff report; and noted there were a total of 24 callouts, which include violations of the Building, Penal, and Fire Codes, occurring from February through June. He advised that the current owner contests part of the police record, believing that many of the operating problems were a function of the transition of the business; stated the owner has submitted a letter indicating there will be a new business plan, proposing an upscale Japanese sushi restaurant; and advised that they have a non-binding Planning Commission Minutes January 16, 2007 evaluated. Chairman Alien indicated no. Jud Kalfin, representing her father Harry Kalfin, 628 Prospect Avenue, questioned how this prop •sal will affect their property, noting there are two houses on that I •t; and advised that one house as built prior to early 1950's and the other one built in the earl 1970's. Director : menfeld advised that approximately a month ago, h - spoke with Mr. Kalfin and reviewed hi .roperty file that shows his property approved for UP and that he will have the City Attorney r=view the file too. Ms. Kalfin advise staff is interested in hat they have a file containing numerou documents to support their claim if pying that file. AIIie Curtis, resident an duplex on the property, t only one on the stree property. roperty owner of 1202 and 1, 04 11th Street, stated there currently is a and questioned how this will affect their Director Blumenfeld stated that • operty shown neighborhood consistency. Bruce Tuttle, property owner of 1161 - n • 50 x 100 lot. n the list; recommended for merger because of 1163 7th Place, questioned how this would affect his Director Blumenfeld stated that app •xima -ly 53 percent of the properties on his block have been merged and at this point, his •roperty is •eing recommended for merger. He stated there would be a public hearing and tated if they- is some compelling evidence based on the ordinance criteria, such as n: ighborhood con tency, the Commission can exercise its discretion. Mr. Tuttle noted his oppositi Albro Lundy, 943 Stra undertaking this effort; owners when they app He stated that a sim obligation if they w merger; and that piece of property with staff recommendation. , questioned if this process is n and he suggested a better solution , if they apply, that they have two lots whi le letter would do the same; noted that thos e to sell their property to tell the purchasers thi hen they make the application, the City would ha cessary, noting the expense in ould be to notify the property h are susceptible to merging. individuals would have an n roperty is susceptible to already identified that. Director Blum: nfeld stated the City Council believes this is a significant i .ue; noted that the City Attorney as advised this is an existing Ordinance that has to be enforc d; added that the City Counci has indicated it wants to initiate a program and not handle the m- gers on a case- by-case b. sis. Jonath. Coleman, resident, requested, and received, input on what criteria staff is\considering in ma ng this determination. Dir ctor Blumenfeld noted he spoke with Mr. Coleman at length prior to this evening and a+vised he would be requesting the City Attorney review both the Kalfin and Coleman 5 Planning Commission Minutes January 16, 2007 • s letter of interest from a major entertainer. He noted that staff has asked the Police Department to update the callout report; and that in summary since July, there have been 9 new callouts for disturbances, loud music and fighting, occurring during the old and new owners' tenures. Director Blumenfeld advised that the business was originally approved as a restaurant; that there have:been several changes in ownership and four amendments to the CUP since 1985; that over the years, the CUP has been amended to allow live entertainment, one additional bar, and the addition of an outside waiting area; advised that the business has not been operated previously in conformance with these various CUP's with respect to operating the business in violation of the requirements of the Municipal Code, failing to provide management/supervisory techniques to prevent loitering, unruliness, and boisterous behavior in the restaurant, supervision of the building frontage and the parking area, operating the business as a lounge or disco and venue for special events, removing tables and chairs for those activities rather than operating as a restaurant; and mentioned their business is currently being promoted on the website for :these venues/uses. He noted this promotional activity occurred prior to the new ownership and is occurring with the new ownership; that they are offering live entertainment without submitting the required acoustical study as one of the standard conditions and are required to provide any noise attenuation features that might be required. He noted that in addition, there is a violation of Resolution 94-17 with respect to operating the business so as to adversely affect the residents in commercial establishments in the area. Director Blumenfeld stated the Commission is empowered to modify or revoke a CUP when there is good cause to do so, and when the violations are so egregious that the CUP should be revoked or modified; he added that based upon the emergency response record, the business has been operating in violation of the CUP, and there have been violations as well with the new ownership. He stated the owner indicates that was a lapse in management that led to these ongoing violations and that the proposed change in ownership will cure these problems under a new business plan. Commissioner Perrotti noted the operator's attorney indicates an acoustic study had been done. Director Blumenfeld stated there is no acoustical study in the files. Commissioner Perrotti pointed out that one of the proposed revisions concerns not requiring a cover charge, questioning if this is for the entire business. Director Blumenfeld noted it is not standard procedure for restaurant to charge a cover fee to purchase a meal and that if there is some other venue going on in the business, that may be considered and reflected in the CUP. Commissioner Perrotti noted he has some reservations with the City getting involved in cover charge issues. Commissioner Hoffman asked what time of day the 11 callouts Usually occur. Police Chief Greg Savelli stated that most of the calls occurred in the evening hours after 10:00 P.M. and as late as 4:00 A.M.; and stated that after reviewing this list today, two of the callouts were appropriately removed from the list, noting it should indicate 9 callouts related to the business. Vice -Chairman Kersenboom questioned when the new owners took over this establishment. Planning Commission Minutes January 16, 2007 Director Blumenfeld stated the original application was made in the summer. Police Chief Savelli advised that June 26th was the date for application of the ABC transfer, noting that is what triggered the Police Department's interest in the property; advised they were approached by ABC to ask for comments on possible conditions to the ABC license transfer, which is what triggered the Department's investigation on the number of callouts for service; and that when it was determined there was a significant number of calls for service, it was then referred to the Planning Commission for consideration. He noted that since August 2006, there have been approximately 8 callouts identified for this business. Commissioner Perrotti stated that security should be increased to minimize the garage noise. Police Chief Savelli stated that may be one of the Department's recommendations to increase doormen or security personnel; noted that out of the 6 concerns listed, 4 were management related, such as under -aged serving, excessive crowding, and loud music; and explained that security would help with the disturbance of patrons coming and going from the facility. He stated the new owners have claimed they want to improve the management; pointed out the record indicates that in the first 6 months of new ownership, there was a significant number of calls; and that the second 6 months, the number has decreased. Chairman Allen opened the public hearing. Albro Lundy, representing the new owner Maximoore, explained that when the new owner took over the business, they were obligated to honor the prior contractual commitments of the producers and the venue of entertainment; and stated that since they have been running it their own programs, there have not been any calls for service. He provided a summary of special events that have taken place with the newmanagement and noted there have not been any callouts since then. Tim Moore, resident and owner, commented on his prior experience with this type business; and advised that the new business plan has been put in place and that with the new general manager and new management system, they are moving in the right direction. Jim Lissner, resident, expressed his concern with the proliferation of bars all over Hermosa Beach; he pointed out there is a higher callout rate in the Downtown area and with smaller businesses than with this business, questioning if this business is being treated equitably; stated this business has reduced its callout rate from 24 in the first half down to 9 in the second half; and he suggested that sound absorbing materials be placed in the parking area if deemed to be a problem. Lee Grant, resident, expressed his belief this is not the proper location for a nightclub; commented on the prior problems this established has experienced; stated there may not always be an interest to provide an upscale business at this location; and suggested the City look again at what kind of businesses it wants to have in this community. Morty Benjamin, resident, stated he lives up the street from Club 705; expressed his belief this area has deteriorated; asked the new owner what other commitments he has for entertainment other than the ones that caused the other complaints; and stated he'd like to see much needed improvements in this part of town. He expressed his belief this business does not improve the area and he questioned what is required to shut down a problematic business. 8 Planning Commission Minutes January 16, 2007 • • Director Blumenfeld explained that this hearing is required to close a business under Chapter 17.70; stated the CUP represents a property right; that the City has to provide a property owner with due process; that the owner is required to present their evidence; that the Commission takes testimony and based on the testimony evidence the City takes actions. He advised if there is a repeated pattern of violation, the Commission can consider revocation/modification of a CUP. Mr. Benjamin noted his support to revoke the CUP, stating he would like to see a nice restaurant at this site, such as a Marie Callendars; and questioned what additional obligations this new owner has from the previous owner. Tim Norquist, resident, stated he has been a regular patron at Club 705 since the new management has taken over, taking salsa dancing lessons every Thursday; and he commended the new management for their operations and for creating a pleasant environment. Ann Sullivan, resident, stated this type of business at this location is not an upgrade to the area; noted her concern with restaurants eventually becoming late evening bars/nightclubs; and stated the quality of life in this City has deteriorated. Shirley Castle, resident, stated this CUP should be revoked or modified; and urged the City to stop allowing these troublesome businesses. Eric Nadler, El Segundo resident, stated that in February 2005, he became a lender to Saffire; that as a condition of his loan, he was granted unrestricted access to the club and privy to many of the issues and decisions affecting the club during 2005 and early 2006; and expressed his belief it was poorly run in that era and not capable of properly managing this facility, noting the blame rests entirely on the shoulders of prior management. He urged the Commission not to project those issues on the current management, stating he has full confidence in the ability of the new management team/system. He stated they have already shown a clear pattern of improvement, dropping the callouts from 24 to 9 and asked that the CUP be maintained as is. Anthony Chavez, Los Angeles resident, stated he is a regular patron of this club, noting he also attends the salsa dancing classes on Thursdays; noted he not only comes to the dance classes, but that he also shops in this community as do other club patrons; and stated he has not seen the problems that have been discussed this evening at this facility. He suggested that something be done with the garage if that's . where the problem is and he noted that approximately 25 people are present this evening who are patrons of this business. He noted for Chairman Allen that he usually leaves this establishment by 11:00 P.M. Jim Lundy, Bel Aire resident, stated that he is a patron of Club Saffire; that he has spent many years ` enjoying this community; that he also enjoys the salsa dance lessons at this facility, commending the dance instructors at the facility; and stated that most of the problems would be coming from the parking structure. He stated he has done some sound testing on his own; and that his findings indicate the noise is within normal limits. Patty Egerer, resident, noted a lack of confidence this business will not morph into another nightclub; stated that making money on alcohol sales is the driving force behind these businesses; expressed her belief the property owner and leasing agents knew they were violating the CUP and conditions; and she urged the Commission to protect this City against troublesome businesses. She noted her support to revoke the CUP; stated that should that not Planning Commission Minutes January 16, 2007 • • be the Commission's vision, this establishment should not be permitted to serve alcohol beyond 9:00 P.M.; and that they don't have the right to be in business at this time because they are not in compliance with state law. She stated that base -heavy music should be prohibited; and she urged the Commission to consider what impact the alcohol serving businesses are having on this community. John Bowler, resident, expressed his belief the transition taking place here is favorable; stated the prior management was responsible for the problems; and that the new owners should not be punished for attempting to improve this business and working with the City to reduce the problems in their first months in business. Xavier Flamenco, general manager, stated he worked for the previous owner, but noted that the new management team and system is proving this business can become an important part of this community; and stated that since June 28th, the new management has put in place new rules, implementing more security, more hours and days of security, and put in place parking attendants. He stated that since meeting with City officials, they immediately responded to the issues brought up, stepping up their policies and procedures. He noted that their security people have been instructed to bring people out as quietly as possible, to make sure they advise patrons they're not permitted to linger on the sidewalks, to follow patrons into the parking lot; and that they're not to leave the parking lot until everyone has left, keeping them as quiet as possible. He stated they have done a number of fund-raisers for this community and have hosted events at the Civic Center, noting their desire to be a positive business in this community. He stated that one dimensional dining is not possible at this location, pointing out that Marie Calendars could not survive at this location even with the strength of that large chain; and noted they look at the dining of this business as the foundation of the entire business, that it's how they establish their customer base; and he stated they are not interested in becoming a nightclub. He stated they continue to be interested in an entertainment venue, but to keep it upscale and not target the younger crowds. He urged the City to allow them the opportunity to correct any problems, taking the steps necessary to resolve the issues. Mr. Flamenco noted for Vice -Chairman Kersenboom that they are not interested in advertising this business as the prior management had and that the advertisements would be tasteful. Commissioner Pizer questioned if the new owner is planning on modifying the website for this business, stating it is has some tasteless images. Mr. Longacre, resident, address his concern with the proliferation of bars in this community and the loss of beach culture; expressed his concern that the City only gets $780 a day from all liquor serving businesses in this town, but that the daily expense for public safety costs $43,000; and stated the City Council and Planning Commission have a responsibility to get control of these issues. He asked if escrow has closed at this time. He asked that the lights not be turned off in the parking area until all vehicles have left; and suggested that the parking be free/validated. Mr. Lundy stated the new owners want to make a good difference in this community, that the new management is interested in providing an upscale establishment; he urged the City to allow the business owners who want to go upscale the financial opportunity to do so, to be able to make a living here as well as make this a better place to live; pointed out that this business has not had any callouts in the past few months because of their new business plan; and stated it has the backing and money to make this a well-managed destination location. 10 Planning Commission Minutes January 16, 2007. • Commissioner Pizer asked the owner if he agrees with the January 9, 2006 letter submitted to the Planning Commission. Mr. Moore indicated yes. Police Chief Savelli noted that the Police Department has worked with the transition of the ownership to try and express those concerns, at the same time passing those concerns along to the Planning Commission; stated the Police Department is relatively neutral in this as long as the operation of any business at this location meets the conditions imposed. He reiterated that the number of calls have decreased with the new ownership. There being no further input, Chairman Allen closed the public hearing. With regard to the January 9, 2006, letter that was provided to the Commission, Commissioner Pizer noted his discomfort with the following sentences contained in that letter: "Saffire was only over its allowed occupancy by 78 persons"; "They're proposing to bring an elegant upscale restaurant and lounge business to Hermosa that is sorely needed"; "The new Segal establishment is exactly the type of restaurant that the citizens of Hermosa Beach are hoping for, a restaurant which will eliminate unruly drunkenness that currently prevails in -this City on Friday and Saturday nights," noting he doesn't see how this business is going to eliminate that. "The Segal establishment must create a place where people want to come and spend their money," stating this gives him a feeling the new owner will manage the place much better, but pointed out it's still going to be the same type of operation. He stated this business should close at midnight and that free parking should be provided. Commissioner Hoffman explained that this is not a policy or management issue for the Commission to consider, that Commission is charged with enforcing and implementing the City's General Plan, and in this particular case, to consider the proper land use and its affect upon the surrounding properties and community; and noted the intent to protect and maintain the small town beach community atmosphere of Hermosa Beach. He stated this is not a site that is consistent with the small town beach community atmosphere when it houses a club, restaurant, lounge, or sports bar; noted that given that charge and taking the direction of Council and its most recent decision at a similar location in the same part of town, he would be inclined to recommend a midnight closing hour; and to support staff's recommendations. Chairman Allen noted his intent to support the Police Department and staff's recommendations; and expressed his belief midnight closing would be appropriate. Vice -Chairman Kersenboom noted his support of staff recommendation and a midnight closing. Commissioner Perrot stated he will support staff's recommendations; noted his concern with eliminating cover charges; stated that eliminating cover charges will result in a loss of revenue that pays for entertainment; that eliminating the cover charges will create an incentive to sell more liquor to make up for that lost revenue; and added that cover charges also help to regulate an establishment's clientele,thereby curbing some of the Tess desirable patrons. He stated it is a business decision and should not be micromanaged by the City. He stated there should be security in the parking lot; and noted his support to limit the hours of operation to midnight. Commissioner Pizer added this is the same type of late night use that has caused problems in the past. 11 Planning Commission Minutes January 16, 2007 • Director Blumenfeld stated the Commission could require the owners to submit a security plan for review by the Chief of Police and to have the City determine what is adequate with the submittal. Taking into consideration Commissioner Perrotti's comments concerning cover charges, Police Chief Savalli indicated he would support eliminating the recommendation for cover charge. MOTION by Commissioner Perrotti, seconded by Vice -Chairman Kersenboom, to APPROVE CUP 01-1 -- Modification of the Conditional Use Permit for on -sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire; to delete Paragraph 9 concerning the cover charge; and to add a sentence in Paragraph 5 that a Parking Security Plan should be submitted for review by the Chief of Police. This motion carried as follows: AYES: NOES: ABSTAIN: ABSENT: Allen, Hoffman, Kersenboom, Perrotti, Pizer None None None r - RECESS AND RECONVENE irman Allen recessed the meeting at 9:23 P.M. and reconvened the meeting at 2:30 P.M. 8. R 07-1 -- Variance to side yard and parking setback re • irements for an exp sion to an existing substandard garage to accommode a complying two - car ga : e as necessary for a second story addition at 11 • nd Street. Staff Recommended tion: To direct staff as deemed appropria Senior Planner Robertson s with a 2.7 -foot side yard setba rather than the required 17 feet; st 2"d Street, with garage access from single story dwelling which has sev substandard garage width of 15.9 feet instea no guest parking, the 4.7 garage setback, t line, and no qualifying open space. He the existing attached single car gara street parking space; that the app feet of floor area, including a s bedroom with an adjacent b square -foot roof deck and ted this, is a request to allow rather than the require d•ihat the subjec `-,Place; not e expansion of an existing garage 3 feet and a 4.7 -foot garage setback of is an R-1 lot, a through lot fronting on that the lot is currently. developed with a al e *sting nonconforming conditions, having a of the required 17 feet to qualify for two spaces, oot side yard setback along the west property icant is proposing to add 26 square feet to ing 2 -car garage for an additional off - include an additional 1,390 square into a master bedroom, and a plicant is proposing a 169- licant's main objective is 2. ted the ap to create a com ant is also proposing and story, conversion of a d room in the basement; and that th our additional balconies. He stated the a to widen the existing garage into a qualifying 2 -car garage; explained at with this, it would allow 100 percent afi'dition to the floor area as permitted in the nonconform ' • ordinance; and, therefore, the ap lfcant is requesting variances to allow the expansion with a 2. -foot side yard setback and a bstandard garage setback. He noted the garage cannot otherwise . e widened in its current ocation without these .variances. Senior Planner Robertson explained that in order to grant these requested variances, there are four required findings that must be made: 12 Planning Commission Minutes January 16, 2007 April 5, 2007 Honorable Mayor and Members of 'the Hermosa Beach City Council • ,e4 -ell ////p V Regular Meeting of April 10, 2007 CENTENNIAL CELEBRATION — FUND RAISING REPORT Recommendation: Receive and file. Background: I have attached the current status of the fund raising effort for the Centennial Celebration activities. An additional $1,250 has been raised since the last report. Respectfully submitted, Stephen R. Burrell City Manager Centennial Account Summary Revenue Donations $149,400.00 Bricks $13,200.00 Time Capsule $1,200.00 Merchandise $26,868.00 Total Revenue $190,668.00 Expenditures $99,553.00 Centennial Donations Amount Allocation Donor/Sponsor $50,000.00 Entertainment American Express $30,000.00 Concert Series Pierce Promotions $20,000.00 Anheuser Busch $10,000.00 Concert Series Upstage Right Productions $10,000.00 Concert Series Innova Marketing $8,000.00 Concert Series Pierce Promotions $3,000.00 Fiesta Beer Garden Proceeds Memorial Day $3,000.00 Fiesta Beer Garden Proceeds Labor Day $2,000.00 HB Chamber of Commerce $1,963.00 Concert Series 7-23-06 Concert Bucket Donations $2,001.00 Concert Series 7-30-06 Concert Bucket Donations $2,685.00 Concert Series 8-6-06 Concert Bucket Donations $1,000.00 F. Sasine $1,000.00 Hogan/Jenkins $500.00 J. Brittain $500.00 D. Sheldon $422.00 Fiesta Beer Garden Tips Memrorial Day $329.00 Fiesta Beer Garden Tips Labor Day $250.00 Blue 32 $250.00 Dragon $250.00 Christine Hollander/Epic. Financial $250.00 Gary Wyiand $250.00 Hermosa Cyclery $250.00 Learned Lumber $250.00 Mediterraneo $250.00 Mer•Maid Restaurant $250.00 Rocky Cola $250.00 Beach Travel $250.00 Patrick Malloys $250.00 Hennesseys Tavern $149,400.00 Total Received as of February 22, 2007 In-Kind 2,000 Posters Colorcraft Printing Booth Supplies CR Department Budget $174.00 Newspaper Ads CR Department Budget $2,779.00 Time Capsule $200.00 J. Brittain $200.00 S. Edgerton $200.00 J. Woe $200.00 C. Merriman $200.00 S. Kahnamoui $200.00 W&T Foundation Bricks $100.00 S. Abrams $100.00 S. Aden $100.00 D. Allen $100.00 L. Anderson $100.00 Andrykowski Family $100.00 J. Auville $100.00 E. Argeris $100.00 E. Bails $100.00 J. Beckett $100.00 M. Benjamin $100.00 S. Blaco $100.00 S. Blake $100.00 T. Bridge $100.00 M. Brinker -Brown $100.00 J. Brittain $100.00 D. Brown $100.00 D. Brown $100.00 M. Benitez $100.00 A. Butler $100.00 M. harrell $100.00 B. Cohen $100.00 J. Martin $100.00 M. Cruse $100.00 E. Doerfling $100.00 R. Doublier $100.00 M. Dombo $100.00 S. Edgerton $100.00 S. Eisen $200.00 D. Epperly $100.00 P. Eszlinger $100.00 FOP $100.00 M. Gini $200.00 M. Goshtigian $200.00 R. Gotthoffer $100.00 J. Hauhe $100.00 M. Housden $200.00 T. Horton $100.00 Hotel Hermosa $100.00 D. Johnson $200.00 Z. Khan $100.00 KL Foster $100.00 G. Ketz $100.00 M. Kole $100.00 P. Kovac $100.00 J. Gelbwachs $100.00 T. Reed $100.00 S. Gustafson $100.00 Hampton Inn $100.00 B. Heffernan $100.00 R. Hutas • $100.00 F. Learned $100.00 T. Lieu $100.00 M. Linnet€ $100.00 J. Lipman $100.00 P. Love $100.00 N. Mccutcheun $200.00 J. Maxwell $100.00 K. Shelton $100.00 J. Miller $200.00 J. McHugh $100.00 D. Nelson $100.00 L. Newman $100.00 J. Nizny $100.00 R. Nowicki $100.00 B. Power $100.00 S. Ransom $100.00 A. Riddle $100.00 K. Robb $100.00 C. Roderick $100.00 K. Rutherford $100.00 K. Samuel $100.00 M.Schweid $100.00 E. Schillhahn $100.00 L. Simonsen $100.00 K. White $100.00 Sandpipers $100.00 A. Sfrock $500.00 R. Terra $100.00 R. Tolliver $100.00 L. Tull $100.00 S. Warner $100.00 Workmann Family $100.00 D. Valenzuela $100.00 S. Vallucci $100.00 D. Vialpandro $100.00 H. Holbert $200.00. J. Tuner $100.00 R. Reinhardt $100.00 D. Williams $100.00 E. Lynn $100.00 S. Fisher $300.00 M. Questin $100.00 C.Merriman • $100.00 P. Haran $100.00 K. Dunbabbin $100.00 R. De santis $100.00 M. Friedlander $100.00 R. Erickson • $100.00 S. Collins $200.00 0 Sullivan $100.00 C. Merriman $100.00 Pats House $200.00 C. Shakely $100.00 D. Stern $300.00 P. Tucker $100.00 WK Tell Foundation $100.00 T. C. Thompson $100.00 T. Ryan $200.00 S. Wadman $300.00 Wells $100.00 Womans Club $14,400.00 Total Merchandise Sales Beach Blank et $79.00 (City: $49 revenue) Quantity $79.00 S. Collins $237.00 T. Castrup 3 $316.00 E. Doerling ' $79.00 K. Robb $158.00 K. Dunbabbin 2 $79.00 J. Gierlich 1 $79.00 V. Garcia 1 $79.00 M. Goshitigian 1 $79.00 G. Hoffman 1 $79.00 J. McDonald 1 $79.00 C, Moiseve 1 $79.00 T. Dinubilo 1 $158.00 B. Cohen 2 $79.00 M. Butler 1 $79.00 L. Tull 1 $79.00 C. Wilmot . 1 " $79.00 J. Miller 1 $79.00 S. MacDonald 1 $79.00 P. McGee 1 $237.00 S. Valenzuela 3 $79.00 L. Raymond 1 $79.00 R. Punneo 1 $79.00 D. Sheldon 1 $79.00 R. Bell 1 $79.00 C. Stubbs 1 $79.00 L. Tull 1 $79.00 E. Van Kreeuningen 1 $237.00 E. Bails 3 $79.00 D. Stern 1 $79.00 0 Sullivan" 1 $711.00 1.11.07 9 $158.00 1.14.07 Credit Cards 2 $316.00 1.14.07 " 4 $79.00 A. Yoon 1 $79.00 1.22.07 1 Totes $35.00 City: $8 revenue) Quantity $35.00 C. Togut 1 $35.00 B. Hineline . $35.00 S. Collins $35.00 D. Sheldon 1 $35.00 P. Miller $245.00 1.11.07 7 $105.00 1.14.07 credit cards 3 $105.00 1.14.07 cash 3 Angels Tickets $100.00 S. Edgerton $20 J. Oakes Seeds $6.00 Anonymous Cookies $605.00 1.14.07 Centennial Flag $30.00 (City: $3 revenue) Quantity $29.99 S. Blaco 1 $29.99 . R. Topek 1 $29.99 P. Tucker 1 $60.00 Unkown 2 $149.95 J. Brittain 5 $29.99 T. calish 1 $29.99 D. Chamblis 1 $29.99 J. Cologne 1 $30.00 J. Miller $29.99 K.McCurdy 1 $29.99 E. Schillhahn 1 $29.99 C. Reznichek 1 $89.97 K. Schaefer 3 $29.99 M. Butler . 1 $29.99 McNally Family 1 $29.99 J. Miller 1 $29.99 C. Moiseve 1 $59.98 R. Koenig 2 $29.99 J. Rosenfeld 1 $59.98 S. Valenzuela 2 $29.99 L. Rice 1 $119.96 12.07.06 (Tree Lighting) 4 $29.99 K. Power $600.00. 1.11.07 20 $390.00 1.14.07 credit cards 13 $720.00 1.14.07 cash 24 $150.00 1.22.07 5 $30.00 1.29.07 1 $60.00 2.13.07 2 T -Shirts $15 (City: $4.00 revenue) Quantity $3,450.00 Labor Day Weekend Sales 230 $15.00 9.7.06 1 $465.00 9.16.06 31 $15.00 9.19.06 1 $15.00 9.20.06 1 $15.00 9.27.06 1 $105.00 9.30.06 7 $15.00 10.09.06 1 $510.00 10.17.06 34 $150.00 10.19.06 10 $165.00 10.25.06 11 $45.00 11.2.06 3 $120.00 11.9.06 8 $30.00 11.16.06 2 $540.00 12.5.06 36 $195.00 12.13.06 13 $165.00 12.07.06 (Tree Lighting) 11 $360.00 12.19.06 24 $1,095.00 1.11.07 73 $690.00 1.14.07 Credit Cards 46 $795.00 1.14.07 Cash 53 $165.00. 1.22.07 11 $165.00 1.29.07 11 $225.00 2.13.07 15 Caps $20 (Cit : $5.50 revenue) .Quantity $203.50 Labor Day Weekend Sales 37 $5.50 9.13.06 1 $22.00 9.16.06 4 $5.50 9.19.06 2 $1 1.00 9.27.06 2 $11.00 9.30.06 2 $11.00 10.3.06 2 $5.50 10.9.06 1 $44.00 10.17.06 8 $5.50 10.18.06 1 $22.00 10.19.06 4 $33.00 10.25.06 6 $16.50 11.2.06 3 $11.00 11.9.06 2 $11.00 11.16.06 2 . $44.00 12.05.06 8 $66.00 12.13.06 12 $44.00 12.070.06 (Tree Lighting) 8 $110.00 12.19.06 20 $600.00 1.11.07 30 $400.00 1.14.07 Credit Cards 20 $260.00 1.14.07 Cash 13 $100.00 1.22.07 5 $40.00 1.29.07 2 $120.00 2.13.07 6 SweatShirt $30 (City: $9.00 revenue) Quantity $81.00 12.13.06 9 $153.00 12.07.06 (Tree Llighting) 17 $171.00 12.19.06 19 $570.00 1.11.07 19 $840.00 1.14.07 Credit Cards 28 $1,410.00 1.14.07 Cash 47 $240.00 1.22.07 8 $90.00 1.29.07 3 $240.00 2.13.07 8 Sweatshirt $2f 5.00 (City revenue $7.50) Quantity $15.00 12.13.06 2 $30.00 - 12.07.06 4 $52.50 12.19.06 7 $625.00 1.11.07 25 $775.00 1.14,07 Credit Cards 31 $600.00 1.14.07 Cash 24 $175.00 1.22.07 7 $25.00 1.29.07 1 $200.00 2.13.07 8 Total Merchandise Sales $26,868.18 Expenditures $3,440.00 .Website $2,658.00 lime Capsule $3,814.00 Sponsorship Folders and marketing materials $385.00 Booth Banners $425.00 Logo Contest Winners • $1,070.00 Resident Parking Passes,(excess amount to include logo) $3,496.00 3 larghe City flags ans City vehicle decals $4,695.00 Centennail Flags (for purchase) 150 total $624.00 Light Pole Equipment for Pier Plaza $1,580.00 Merchandise Purchase: blankets 50 total $69.00 Custom logo for postage USPS Hermosa Beach $610.00 Jo[ Design 70% merchandise payemnt (sept) $1,180.00 Jol design 70% merchandise payemnt (oct) $9,931.00 Jo! Design 70% merchandise payment (nov, dec, jan) $4,800.00 Beckers Bakery (3 cakes and 3,000 cookies) . $873.00 Chair rental & delivery for Pier Plaza (300 white folding) $220.00 Centennial-stamped shopping bags for merchandise $650.00 Shuttle Sevice from Community Center to Pier Plaza $1,625.00 Hennesey's $600.00 Videographer Cenetnnial video with 15 dvd copies $30,000.00 Pyro Spectaculars $24,195.00 Stonebridge Productions $2,613.00 Centennial Brick Order (133) Total $99,553.00 April 3, 2007 Honorable Mayor and Members of The Hermosa Beach City Council Regular Meeting of April 10, 2007 Centennial Celebration Taste of Hermosa Event Proposal Recommendation It is recommended that the City Council appropriate $20,000 of Centennial Celebration sponsorship funds towards the culminating Centennial event. Proposal Sunday, September 30th, 2007 3:OOPM -- 6:00PM - Festivities on Pier Plaza to include live musical entertainment by the Dietz Brothers, a 5 - piece steel .drum band with marimbas; food sampling from quality restaurateurs; youth activity area; Centennial merchandise store; and burial of the time capsule. Fiscal Impact $12,000 $7,000 $1,000 3 -hour live musical venue includes sound, stage, equipment, and production crew. Equipment rental for tables, chairs, canopies, and linens. Decorations and supplies for youth activity station. Respectfully submitted, Concur, Lisa Lynn Steph Community Resources Director City Manager Noted for Fiscal Impact, Viki Copelt5nd Finance Director 6b April 3, 2007 • Honorable Mayor and Members of The Hermosa Beach City Council Regular Meeting of April 10, 2007 o7 CENTENNIAL SUMMER CONCERT SERIES SUMMER 2007 PROPOSAL Recommendation Staff recommends that the Council approve concert dates and select.a music venue. Background Each concert begins at 6PM and continues until sunset on the south side of the Pier for three consecutive Sundays, attracting spectator crowds of 7,000-10,000. Increased audience numbers are expected during the Centennial year and caliber of production is enhanced. Music Venue Options Option A. Date Entertainment Cost Production Cost Total July 22 Eric Burdon & the Animals $15,000 July 29 Tommy James & the Shondells $30,000 August 5 Stonebridge Band w/ Doors Cover $9,000 $50,000 $104,000 Option B. Date Entertainment Cost Production Cost Total July 22 The Rembrandts $7,500 July 29 Tommy James & the Shondells $30,000 August 5 Stonebridge Band w/ Doors Cover $9,000 $45,000 $91,500 Option C. Date Entertainment Cost Production Cost Total July 22 Eric Burdon & the Animals $15,000 July 29 The Rembrandts $7,500 August 5 Stonebridge Band w/ Doors Cover $9,000 $25,000 $56,500 Production Costs Production costs are presented as a package to encompass the following for three concert dates: sound and light systems, keyboard, amps, and drums per performer requests, backup entertainment per performer request, steel stage with shell to prevent echo, satellite speakers with cable and scaffolding, generators, 5 - member stage crew: venue management, equipment load -in and Toad -out. Attachments A. Production History B. Artist Bios Respectfully submitted, Lisa Lynn Community Resources Director Noted for Fiscal Impact, Vika Copeland Finance Director Concur, City Manager SUNSET CONCERT SERIES • Production History Year Total Cost Donations Venue 2006 $34,000 City Cost $1,509 $10,000 Grand Central Mktg. $10,000 PRODNF Inc. $10,000 Civic Ent. Group $2,491 Anonymous 1. Super Diamond 2. Bone Daddy's & the Stonebridge Band 3. Billy Vera and the Beaters 2005 $50,000 City Cost $8,500 $25,000 American Express $10,000 Arrowhead $4,000 Corona Light $2,500 2004 appropriation 1. Ambrosia/Neil Diamond cover 2. Johnny Rivers/Rolling Stones cover 3. Freda Payne with Stonebridge Band 2004 $20,000 City Cost None $10,000 Vineyard Bank $10,000 FW Magazine $2,500 24 Hr. Fitness 1. The Coasters 2. The Temptations (Richard Street) 3. The Stonebridge Band 2003 $50,000 City Cost None $20,000 Mervyn's $10,000 Hawthorne Savings $10,000 The OC $10,000 TBS Superstafion 1. The Chantays 2. The Coasters 3. Little Anthony 4. Sam Moore 2002 $40,000 City Cost $40,000 No Donations 1. The Coasters 2. The Association 3. Ladies of Rock & Roll 4. Classic Rock All Stars 2001 $30,000 City Cost $10,000 $10,000 Anheuser Busch $10,000 Hawthorne Savings 1. Classic Rock All Stars 2. The Coasters 3. The Diamonds 2000 $30,000 City Cost None $20,000 Anheuser Busch $10,000 Hawthorne Savings 1. Dick Dale 2, Orquesta La Palbara 3. The Temptations (Richard Street) 1999 $29,000 City Cost $6,242 $10,000 Hawthorne savings $7,758 Hill & Knowlton $5,000 Anheuser Busch 1. The Drifters 2. Sounds of the Supremes 3. The Safaris 4. Billy Vera 1998 $25,000 City Cost None $25,000 Hawthorne savings 1. The Coasters 2. Zydeco 3. The Chantays ATTACHMENT A ARTIST BIOS ERIC BURDON and the ANIMALS The original Animals were inducted into the Rock and Roll Hall of Fame in 1994. The Animals took the music world by storm when they recorded and released an electrified version of the traditional folk number, The House of, the Rising Sun. In short order they followed with such classics as Don't Let Me Be Misunderstood, We Gotta Get Out of This Place, It's My Life, I'm Crying, Inside Looking Out, The Story of Bo Diddley, Bring It On Home to Me, and See See Rider. TOMMY JAMES and the SHONDELLS Tommy James and the Shondells were a popular 1960's American rock and roll group. They had two number one singles in the U.S. -- Hanky Panky and Crimson and Clover. They're genre of music expanded to include Pop Rock, Psychedelic rock, and rhythm and blues. The group went on to release, other top ten hits such as l Think We're Alone Now, Mony Mony, Crystal Blue Persuasion, and Sweet Cherry Wine. THE REMBRADNTS The group had their first hit in 1990 with Just the Way it is Baby, which peaked at number 14 on the billboard singles chart. The 1992 follow-up album featured the hit Johnny Have You Seen Her. Another track form the album, Rollin' Down the Hill, was used in the movie Dumb & Dumber. The Rembrandts are most famous for the song I'll Be There For You, the theme for the sitcom Friends. The success of friends led to greater awareness of the band. THE STONEBRIDGE BAND The City receives the most requests for repeat performances by the Stonebridge Band than any other group. The Stonebridge Band is a highly versatile ensemble of nine talented musicians from the Southern California area. Playing every style of music from Standards and Jazz to soulful R & B, this entertaining group takes the listener on a trip from one end of the musical spectrum to the other. The Stonebridge Band is backed by a rock solid rhythm section and features a three-piece horn section. ATTACHMENT B Mayor and Members of the City Council April 3, 2007 City Council Meeting April 10, 2007 SCHEDULE APPLICANT INTERVIEWS FOR THE NEWLY FORMED EMERGENCY PREPAREDNESS ADVISORY COMMISSION Recommendation: It is recommended that the City Council schedule applicant interviews for a time certain prior to the regular meeting of April 24, 2007 meeting, when appointments would be made. Background: At its meeting of February 27, 2007, the City Council adopted Ordinance No. 07-1277 for the establishment of an Emergency Preparedness Advisory Commission to provide advice and make recommendations relative to the preparedness of the City and its populace; to prepare (for City Council approval) an up-to-date emergency preparedness plan, to assist in promoting emergency preparedness, coordinating neighborhood volunteers for emergency response, and preparing grant applications, and other duties that the Council may prescribe. That ordinance is now in effect. The Commission shall consist of five residents of the City, serving staggered four-year terms. For the initial appointments, it is recommended that the Council appoint three members to serve four-year terms and two members to serve two-year terms. Thereafter, when terms expire, all appointments will be for four years. Seven applications (attached) were received prior to the filing deadline of 6 p.m. April 3, 2007: Alan B. Benson William G. Hallett Tracy Hopkins Mayra Janette Padilla Kelly Kovac -Reedy (aka Schaefer) Art Rutherford George J. Schmeltzer Please note that one of the applicants (Art Rutherford) advised my office that he will be out of the country April 19 — May 20, 2007 and, therefore, unavailable for interviews occurring during that time period. Noted: Stephen R. Bu anager Elaine Doerfling, City Cler 8a • CITY OF HERMOSA BE•H BOARD/COMMISSION APPLICATION NAME OF COMMISSION Emer• enc ' Pre. aredness Adviso Commi Name Alan B. Benson Home Phone: 310-376-6043 Address: 1924 Monterey Blvd. Hermosa Beach, CA 90254 Occupation/Profession: Retired Post. Production Supervisor, Video Editor, Video Tape Operator Name of Employer: Freelance Bus. Phone: Address of Employer REFERENCES: Local: Kelly Kovac -Reedy and Tracy Hopkins, Co -Coordinators of Hermosa Beach Neighborhood Watch Sgt. Tom Thompson of the. Hermosa Beach Police Department — HBPD Lead Sgt. for the HBNW Maureen Ferguson and Laura Raymond - Hermosa Beach Centennial Committee Co -Chairs Pepe Wolf, Keala Yuen - Hermosa Beach Centennial Committee Carol Prenter, Marsha Majka, Wayne Halford, Marsha Halford. Professional: Jon Ankwitz, Executive in Charge of Production — "Extra" NBC Ann Rogerson, Director— "Passions" NBC, "The Pyramid" Syndicated Denise Mark, Producer — "Passions" NBC Steve Vincent, Online Video Editor— "Sightings" Syndicated Other: COMMUNITY PARTICIPATION AND SERVICE(past and present): Co -Coordinator for Hermosa Beach Neighborhood Watch - From HBNW startup in March 2006. Volunteer for "Hands for Hermosa" — Funds raised for Hermosa Centennial Celebration - Founder and web administrator for the Hermosa Beach Neighborhood Association Member of "HermosaCorps" founded by Art Yoon, chaired by Maureen Ferguson and Laura Raymond Redondo Beach Fire Department — CERT Academy 32 - CERT volunteer / FEMA Redondo Beach Police Department - Citizen Police Academy - Class 26 - 2007 Why do you wish to become a Commission member? Hermosa Beach has to be prepared to face any number of emergencies, such as earthquake, tsunami flooding and terrorism. Past disasters such as Katrina, have show that a city'semergency resources can be quickly overwhelmed. It can take days to organize an effective emergency response to major disasters. Hermosa Beach residents need to prepare to rely on their own resources for an "initial period" of days following a disaster. This "initial period" can be up to a few weeks, as shown by the Katrina disaster. My participation in the Community Emergency Response Team has shown me that implementing an emergency preparedness plan will require a significant commitment of time by the city, its residents and commission members. As an Emergency Preparedness Commission member, I want to take part in the planning and implementation of the emergency preparedness plan for Hermosa Beach and its residents. What do you feel are the duties and responsibilities of a Commission member? A commission member needs to provide advice on emergency preparedness plans that have a proven track record for a city like Hermosa Beach. Promote and communicate the emergency preparedness plans by putting together video and web presentations focused on each family putting together an emergency plan. CERT training is all about community-based preparedness planning that allows the residents of a city to prepare there homes and families for a disaster. Implement a city wide plan that uses the neighborhood CERT volunteers. Use the CERT model to prepare grant applications for community -base preparedness. •• Do you have any current obligations or responsibilities, which could be construed as a conflict of interest with your being a board/commission member? Yes No (If yes, please explain) No conflicts of interest. Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. Currently in training with the Redondo Beach Police Department - Citizen Police Academy Class 26 This program works toward the concept of Community Oriented Policing and Problem Solving. The purpose is to provide members of the community with a working knowledge of the police department along with the roles and responsibilities of its police officers. The graduates provide an informed community base for the partnership between the community and the police department. SEMS I NIMS training. Completed CERT Academy 2006 - Redondo Beach Fire Department - Community Emergency Response Team. Registered as a CERT volunteer with the Redondo Beach Fire Department and FEMA. The CERT concept is based on increasing disaster preparedness awareness within the community by having a core group of trained individuals capable of assisting themselves, their family and their neighbors in the event of a catastrophic disaster. SEMS / NIMS / ICS integration training. Hermosa Beach Neighborhood Watch Co -Coordinator, along with Kelly Kovac -Reedy, Tracy Hopkins and Nancy Amato. The mission of Hermosa Beach Neighborhood Watch is to work with the Hermosa Beach Police Department, Fire Department and City of Hermosa Beach, to actively seek, educate and involve city residents, neighborhoods and communities in "A Partnership in Crime Prevention" through the development of crime awareness, observation skills training and reporting. While also, preparing our community for disaster preparedness for any type of emergency situation that may arise. The HBNW currently has about 87 block captains and have a goal of 400 block captains to cover the entire city. Work Experience: Video/TV Production - Post production supervisor, video editor and video tape operator for TV shows. Real Estate Sales Sold and listed residential homes in the South Bay: Industrial Equipment Sales - Sold industrial packaging machinery: Restaurant Management — Managed a McDonald's restaurant. Education: IlkBusiness Administration -- Otterbeirr College, Westerville, Ohio Tliis Board/Commission meets on at . p.m. Do you foresee any scheduling problems that might make you miss meetings? Yes No Nc scheduling problems How long have you lived in Hermosa Beach? I have lived in Hermosa Beach since 1986. l lived at 1137 First Street, from 1986 to 1991. moved to 1924 Monterey in 1991 and currently live there. (Revised 2/14/07) Page 2 of 2 CITY OF HERMOSA BEA BOARD/COMMISSION APPLIC NAME OF COMMISSION 6M g -,i cy 1046 Name ILL -4/0 G NM 146 -77 -Home; Phone: 3'/ '-$76— ✓ ?6 Address: 93 Le) Ivo�J2 Occupation/Profession: /&T'/, ? 2 PL)C6 ,- f Name of Employer Bus. Phone: Address of Employer REFERENCES: Local: C4V-/Ci /1-46/(X) /(X) A }� ft�J�1 � J! �'' 6/9/2/4-0S4 ' I - �� Cat3t Professional: • figs- L). Other: S r245sOG COMMUNITY PARTICIPATION AND SERVICE (past and present): C L �1U 6 136,9 (. (Psle 9 G i W 7-6 t✓J6 6icy/' Why do you wish to become a Commission member? 76 JTb 2i�1 /XI Pf { / L; tL iJ C ! S i-roia .1.N.1 f,j r lW j i y6 What do you feel are the duties and responsibilities of a Commission member? -76 C1v.C.0 ' ALM5ellt r geQcf17 coKuku Page 1 of 2 • Do you have any current obligations or responsibilities, which could be construed as a conflict of interest with your being a boardlcommission member? Yes X No (If yes, please explain) Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. This Board/Commission meets on at m. Do you foresee any scheduling problems that might make you miss meetings? Yes A No Howlonghave you lived-in Hermosa Beach? 6/9R s Comments: Signed: Date: 6 Page 2 of 2 (4/23/01) • WILLIAM HALLETT CURRICULUM VITAE A highly motivated, experienced police officer with a diverse law enforcement background, extensive training and experience and a commitment to excellence. 935 Loma Drive (310) 376-9330 Hermosa Beach, CA 90254 (310) 874-3308 (cell) EDUCATION Long Beach State University, Long Beach 24 units completed towards Masters in Criminology 1975-1979 Long Beach State University, Long Beach Bachelor of Science in Criminology 1975 Fermin Lasuen High School, San Pedro Lettered in swimming, basketball, cross country, track Student Body Secretary) 1960-1964 EMPLOYMENT LOS ANGELES POLICE DEPARTMENT Venice Beach—Beach Commander (1987 – 2002) Pacific Division (1975 – 2002) Southwest Division (1970 –1975) Communications Division (1969 --1976) Harbor Division (1967 – 1969) At Venice Beach, officer in charge of 30 officers on a daily basis. Supervised 300 officers on weekends, including K-9 units, horse patrol, SWAT, gang units and undercover narcotic details. Handled 100,000 people daily with crowds up to 500,000 on weekends and holidays. 1967-2002 CALIFORNIA FISH AND GAME DEPARTMENT 1982-1987 Served as reserve officer until program was disbanded due to lack of funds. RECOGNITION Received hundreds of commendations, citations and letters of appreciation during my 35 years with.the Department. Some highlights include: • Saving JJ the Whale • Outstanding arrests • Disarming susj ects • Talking citizens out of suicide • First on the scene of an airplane crash and taking charge of the rescue efforts continued... WILLIAM HALLETT Curriculum Vitae • Reuniting lost children with parents • Business people happy with results of crime decrease (Korean Merchants Association, Venice Beach Chamber of Commerce, etc.) • Numerous letters of appreciation from citizens Page 2 MEMBERSHIPS. • LAPD Emerald Society • International Law Enforcement Footprinters Club • Rolling Hills Kiwanis International Club VOLUNTEER WORK • Past volunteer for Marine Mammal Care Facility, San Pedro • Cub Scout and Boy Scout leader • Girl Scout leader • Volunteer, driving cancer patients to radiation therapy HOBBIES/ACTIVITIES • Work out daily at Gold's Gym in Redondo Beach • Active in camping, fishing, bike riding, hiking and swimming • Play golf, but not one of my more skilled activities FAMILY Son: Steven Married and living in Tustin. Manages Gelson's Market in Dana Point. Daughter: Randie Personal trainer at Spectrum Gym in Rolling Hills. Completing junior and senior years at Long Beach State University in June. • CREDENTIALS & TRAINING I have attended numerous classes and post -certified training sessions during my career, including: 1999-2001 CLETS/NCIC RETRAINING -LESS THAN FULL 2001 FIELD OFFICER UPDATE (CEDP 1) ` 2001 S&K#113 TASER UPDATE 2000 S&K#139 FIREARMS —TACTICAL SHOOTING 2000 DNC PART 2 2000 S&K #162 FIREARMS — BEAN BAG 2000 MOBILE FIELD FORCE TRAINING 1999 1997 —1999 CLETS/NCIC RE-TRAINING 1999 S&K #31 UNUSUAL OCCURRENCES 1999 S&K#221 TERRORISM AWARENESS 1999 S&K #158 DRUG LOITERING 1998 continued... WILLIAM HALLET• Curriculum Vitae • Page 3 S&K#161 CULTURAL AWARENESS FOR LAW ENFORCEMENT . 1997 ARREST & CONTROL TECHNIQUES — BASIC 1997 S&K #131 BLOODBORNE PATHOGENS 1997 COMMUNITY POLICE PROBLEM SOLVING 1996 S&K #139 FIREARMS — TACTICAL SHOOTING 1996 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM TRAINING 1996 TRAINING DAY— PACIFIC AREA 1996 TRAINING DAY—WEST BUREAU & CRASH 1996 1995 CLETS NCIC RE-TRAINING 1995 MOBILE FIELD FORCE 1995 TRAINING DAY — WEST TRAFFIC DIVISION 1995 RADIO COMMUNICATIONS (ASTRO HANDHELD) 1995 2t004 — BUILDING SEARCHES FOR SUSPECTS 1995 22.001- VEHICLE STOPS — A REVIEW OF BASICS 1995 FEAR MANAGEMENT (TC) 1995 ILLEGAL POSSESSION AND USE OF FIREARMS (TC) 1995 24.004 - CIVIL UNREST RESPONSE TRAINING PHASE 2 1993 24.003 — CIVIL UNRESTRESPONSE TRAINING PHASE 1 1993 CJIS/NCIC MANDATORY RE-TRAINING 1992 03.05 — SEXUAL HARASSMENT 1992 24.001-- SQUAD FORMATIONS 1992 24.002— CROWD CONTROL MANAGEMENT 1992 TACTICAL COMMUNICATIONS 1991 QUARTERLY TACTICS TRAINING 1991 MISSING PERSON TRAINING 1990 CJ1S/NCIC MANDATED TRAINING 1989 S&K #155 DOMESTIC VIOLENCE. 1988 STANDARDS AND PROCEDURES REGARDING DOMESTIC VIOLENCE 1986 NETWORK COMMUNICATION SYSTEM 1986 MDT SCHOOL 1983 NETWORK COMMUNICATION SYSTEM 1983 ADVANCED OFFICER TRAINING 1982 PEER COUNSELOR TRAINING SEMINAR 1982 SIDE HANDLE BATON TRAINING 24 INCH 1980 JUVENILE PROCEDURES- SCHOOL 1979 SHOOTING POLICY SEMINAR 1978 ADVANCED OFFICER CIVIL DISTURBANCE 1977 REFERENCES. Sergeant Frank Montelongo West Traffic Division of LAPD 30 years Captain Billy Williams Commanding Officer, Pacific Division 25 years • Detective Jay Varga AUO Detective, Pacific Division 33 years Detective Tony Mantenta Narcotic Investigator 30 years Officer Pat Burke Patrol Officer, Pacific Division 35 years Lieutenant Jan Penna Watch Commander, Communications Division 33 years • • CITY OF HERMOSA BEACH BOARD/COMMISSION APPLICATION NAME OF COMMISSION: EPAC Name: Tracy Hopkins Home .Phone: 310-374-1828 Address: P.O. Box 504 Hermosa Beach CA 90254 Occupation/Profession: Name of Employer Bus. Phone: Address of Employer REFERENCES: Local: Kelly Kovac -Reedy, Steve Burrell, Tom Thompson Professional: Chief Savelli, Chief Tingley, Marlene Ramirez- Kids Kabaret Other: Officer Cliff Dean, RBPD COMMUNITY PARTICIPATION AND SERVICE (past and present): MOMS Club -11 years; Parents Helping Parents --- 5 years; Hermosa Beach MOMS and Neighborhood Watch —1 year; Centennial Hands for Hermosa and Envelope for Life volunteer. Why do'you wish to become a Commission member? To serve the people of Hermosa Beach and share what I have learned regarding preparedness. Page 1 of 3 What do you feel are the duties and responsibilities of a Commission member? To provide advice and make recommendations to the City Council on how the city and the residents can prepare and respond swiftly and responsibly to emergencies. Do you have any current obligations or responsibilities, which could be construed as a conflict of interest with your being a board/commission member? Yes X No (If yes, please explain) Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. Hermosa Beach Neighborhood Watch Co -Coordinator Hermosa Beach Neighborhood Watch E -News Collaborator HBNW Resident Block Meetings C.E.R.T. Academy Graduate 1st National Preparedness Leadership Conference and C.E.R.T. Drill, Sacramento Dr. Lucy Jones' "Dare to Prepare" Presentation Attendee Conversation with the Chiefs Events E.N.L.A. Presentation and LA EOC Tour Redondo Beach Disaster Drill Participant Torrance North Stake Disaster Preparedness Fair Participant Stake High Council Emergency Coordinators Meeting Presentation BCHD — "Be Ready Prepare Together" Attendee Supervisor Knabe's Tsunami Preparedness Panel Attendee Kiwanis Disaster Preparedness Presentation Page 2 of 3 Rotary Club Disaster Preparedness Presentation Our Lady of Guadalupe Disaster Preparedness Presentation 911- R.C.C. Tour FEMA Independent Study Courses Hermosa Beach MOMS Disaster. Kit Fundraiser Hermosa Beach Disaster Preparedness Fair Manhattan Beach Disaster Preparedness Fair Attendee 32 Weeks to Disaster Preparedness Instructor This Board/Commission meets on at p.m. Do you foresee any scheduling problems that might make you miss meetings? Yes No How long have you lived in Hermosa Beach? 15 years Comments: Thank you for your consideration. Signed: Date: 3/8/07 Page 3 of 3 (4/23/01) co V J. -• r- l• TI .1.1 J. I... 2.... .51,0J (i40 • CITY OF HERMOSA BEACH BOARD/COMMISSION APPLICATION NAME OF COMMISSION E. PAC Name May( 'SAY) Home Phone: 3 t0 7j� (() \Acme, t -'.t-'.01 Address: CP5b ger 1-11. o2,s4 Occupation/Profession: CiltegY t r Name of Employer EVA M lkylOn Rao tie' Bus. Phone: 310 Address of Employer Lyrkr_„Y±, Cor 102.% REFERENCES: Local: 6 Professional: Ccv.er C\ \)trAn..1 Other: COMMUNITY PARTICIPATION AND SERVICE (past and present): dieloo .(DrY k 1M, I • e. ,•,1,1 er Why do you wish to become a Commission member? - s va.) e- 1111, 10' IP • ck-N What do you feel are the duties and responsibilities of a Commission member? —0 S')iitt\fiAe okizNtre. o.nr4 ,ctceryllodeAticS reSiyan Sl\:+k ther*age I ot 2 LV V 1 00 • l Y 1-1'1 r H1) i L LH • 5103 790460 Do you have any current obligations or responsibilities, which could be construed as a conflict of interest with your being a board/commission member? yes , .•No (If yes, please explain) Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. This Board/Commission meets on at any scheduling problems that might make you miss meetings? p•m. Do you foresee Yes Isle How long have you lived in Hermosa Beach? 5eve h l ear Comments: Signed: Date: Page 2 of 2 (Revised 2/14/07) P. 02' • CITY OF HERMOSA BEACH. BOARD/C P T TC T O Tic 0 aiiNAME OF COMMISSION I) / (tte Name011 1tINOtP' om Phone: !tt ' 6tw1 Address: 4&f1O'WD4t2 k1je. C.O. 't6Z Occupation/Profession: t at cm'. l f o Geek. bo�V.tepc. Name of Employer Address of Employer 4SOLM g ) GibO\I4is' REFERENCES: oNelLocal: are ij tr Professional: Other: loyiwitc, 1 Y16 VIS - 310 COMMUNITY PARTICIPATION AND SERVICE (past and present}: SkYJe. 8wrctl Se1c. ccied Why do you wish to become a Commission member? bet aFto�c�ca 'What do you feel are the duties and responsibilities of a Commission member? Sec ak&cMed Page 1 of 2 Do you have any current obligations or responsibilities, whi could be construed as a conflict of interest with your being a board/commission member? Yes No {if yes, please ; explain} VI e4. Cetylt Medi i Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. SeG a+ic.t4c&. This Board/Commission meets on at p.m. Do you foresee any scheduling problems that might make you miss meetings? Yes No How long have you lived.in Hermosa Beach? 1Z .V.D" TA4e600". Comments:McIver's,• Slutio* MA* kYlitiOSA Wle SehOot a Signed: Date: Page 2 of 2 {4/23/41} Kelly Kovac -Reedy (Schaefer) Disaster Preparedness Commission Application — Answers to Questions COMMUNITY PARTICIPATION AND SERVICE: Hermosa Beach Neighborhood Watch (HBNW) I am a co -coordinator of the Hermosa Beach Neighborhood Watch program, which includes the development, planning and implementation of this city-wide crime prevention and disaster preparedness program in Hermosa Beach. As one of the coordinators, I lead HBNW Block Meetings and have developed an educational, Block Meeting Packet, for each resident. Organization of Block Captains by addresses and collaborated in the development of the HBNW Area and District Map with Chris Hardenbrook and Ofc. J.R. Smith. In addition, I am the creative consultant to www.SaferHermosaBeach.com with webmaster Mary Lue Ramey. Ofc_ J.R. Smith and I work together weekly choosing which crimes to be listed in the HBNW Crime Log taking data from the daily activity logs prepared by the HB Police Department. Centennial - A Show of Hands for Hermosa l am a proud and humble member of the Centennial Committee working directly with Richard McCurdy, Rick Koenig, Maureen Ferguson and Laura Raymond in the development and execution of the A SHOW OF HANDS FOR HERMOSA centennial event. 1 also worked with the superintendent and principals of the HBCSD to ensure the participation of the students and their families and organized a fingerprinting opportunity for the children. Earth Day —100 Acts of Beautification Currently, I am planning an Earth Day 2007 —100 Acts of Beautification Event focusing on the students of the Hermosa Beach City School District where each student will donate $1.00 to purchase live, green shrubs for the "Green Belt". Families will also be given the opportunity to plant the shrubs with the assistance of the Kiwanis, HBNW and the 100 Acts of Beautification Committee. WHY DO YOU WISH TO BECOME A COMMISSION MEMBER? l am very interested in Emergency Preparedness and have been since December 2005 when Hermosa Beach Neighborhood Watch was recognized as a city-wide crime prevention and disaster preparedness program for residents. My passion is to advise and help implement the planning and coordination for mitigation, preparedness, response and recovery from all disasters for the City of Hermosa Beach. My professional background in criminal law and bookkeeping In my capacity of Hermosa Beach Neighborhood Watch, coordinator, I am consistently looking for new ideas and advice about disaster preparedness and as a result I'm in frequent contact with volunteer organizations, faith based organizations and companies that directly specialize in disaster preparedness. I have been learning about department operations within the City of Hermosa Beach by either directly talking to employees or attending meetings/commission/council hearings. I will seek out training and exercises that will help promote coordination. One of my goals would be to keep the community in a state of readiness in case a disaster occurs. Persuade the residents, businesses and elected officials to take a greater interest in Emergency Management programs. I look forward to working within the departments for fact finding i.e. what types of emergency situations they face. WHAT DO YOU FEEL ARE THE DUTIES AND RESPONSIBILITIES OF A COMMISSION MEMBER? The purpose of the Commission is to review and recommend changes to the City's Disaster Plan; provide recommendations to the City Council on disaster preparedness programs; and encourage public education and participation in disaster preparedness activities. A community has many opportunities to deal with emergencies before they strike and as such, responsibility to aid in recovery after a disaster. A coordinated, organized effort to reach specific goals or objectives in an effort to mitigate, prepare for, respond to and recover from an emergency are duties of a commissioner. Among all levels of government and the private sector (business, voluntary organizations and general public), Emergency Management programs at the local level are responsible for providing overall pre -disaster planning and other programs such as training and exercises for natural and man caused disasters that effect a community. Forming a Disaster Preparedness Commission is the first line of defense in coordinating a large scale event, such as an earthquake, in our community to ensure an effective response to and recovery from such events by our professional First Responders and the private sector. The community that constantly considers ways to improve Emergency Management through integration with other resources, skills and knowledge will make significant progress toward improved public safety. Kelly (Schaller) Kovac -Reedy 2200 Hermosa Avenue. Hermosa Beach, California 90254 310.374.1670 kampsnoopee@mmintemet.com EXPERIENCE BOOKKEEPER AND PERSONAL ASSISTANT Nov. 2002 - Present Joel Ward, MD, Director of Vaccine Research for Harbor -UCLA. Torrance, CA ■ Work his personal day to day operations for two trust accounts valued in the millions which includes making deposits, paying bills, reconciling bond and stock statements. Generally, anything related to Mr. Ward and his financial portfolio. EDUCATION PROPERTY MANAGER April 1988 — Present Robert E. Courtney, Redondo Beach, CA Manage real property investments; collecting rents, paying bills and accomplishing the necessary repairs and supervising the day to day problems with tenants. LEGAL SECRETARY April 1988 — Sept. 2000 Robert E. Courtney Law Office, Redondo Beach, CA ■ Handling all types of legal matters involved in defending criminal cases • Day to day operations of the law firm which includes but not limited to billing and collecting of fees for Corporation, Trust and Personal Accounts. • Motions related to criminal cases and all written correspondence to clients • Phone etiquette skills to lawyers, Judges, Clerks, District Attorney's Offices and City Prosecutor's Offices. HOSTESS Dec. 1986 — Aprii 1988 LOS ANGELES AIRPORT HILTON, Los Angeles, CA Hostess in cafe, customer service SHOE SALES Sept. 1982 — Dec. 1986 C.JEAN SHOES, Manhattan Beach, CA Shoe sales in high end shoe store in downtown Manhattan Beach Customer service, sales and cash register EMERGENCY MANAGEMENT INSTITUTE — FEMA (NIMS) Introduction / IS -00700 (ICS) Introduction / IS -00100 (Emergency Program Manager) / IS -00001 REDONDO BEACH FIRE DEPARTMENT COMMUNITY EMERGENCY RESPONSE TEAM, ACADEMY NO. 32 July 2006 EL CAMINO COLLEGE Sept. 1985 — Sept. 1987 MIRA COSTA HIGH SCHOOL, MANHATTAN BEACH, CA Sept. 1981—June 1985 ■ High School Diploma R FOR VACCINE RESEARCH January 30, 2007 Re: Letter of recommendation To whom it may concern: Los ANCELEs E,ONEOtCAL RESEARCH INSnv.. AT HARSOR-UCLA MEDICAL CENT LJ%J RESEARCH BUILD! 2124 W. CARSON STRE TORRANCE. CA 903 PH:(3101781-39 FAX3I0)973-29 This letter is written as a reference for Ms. Kelly Schaefer. She has worked for me for the past 4 years as my book keeper and personal assistant. Kelly is energetic, hard working, efficient and resourceful. She handles considerable responsibility and manages an endless variety of tasks for me. This includes interactions with financial, legal, contracting and other services. She has earned my confidence and trust and I would recommend her for almost any position of responsibility. Beyond her work ethic and sense of responsibility are her personal, community and family values. I have always been impressed by her commitment and sensitivity to others. l am happy to offer my highest recommendation of her and to act as her reference should you need further relevant information. Very truly yours, Joel Ward, M.D. UCLA Professor of Pediatrics UCLA Center for Vaccine Research Harbor -UCLA Medical Center 1124 W. Carson Street Liu Research Building Torrance, CA 90502 Office: (310) 781-3636 LAW OFFICES ROBERT E. COURTNEY, INC. 120 FISHERMANS WHARF REDONDO BEACH, CALIFORNIA 90277 (310) 376-0922 (323) 772-8505 FAX (310) 374-2647 August 21, 2000 Re: Kelly Schaefer To Whom It May Concern: Ms. Schaefer has been an employee of my office for twelve years. May this letter serve as an unconditional recommendation of the highest degree for any future employer. Kelly's responsibilities have included handling all types of legal matters involved in defending criminal cases in court. The legal defense of a defendant charged with a crime (anything from a traffic ticket to first degree murder) requires the employee of the law office to have the highest sense of integrity and sensitivity to protect our clients rights and freedoms. Kelly has. displayed those characteristics over these twelve years of working for my office. Kelly has further had all the responsibilities of administering the day to day operations of the law firm. This includes billing and collecting the fees, depositing the money in the various bank accounts, such as the general office account, the trust account and my personal account, She has accomplished this in the highest and most trustworthy manner. Her moral and ethical conduct is above reproach. In addition, Kelly has managed my real property investments; collecting rents, paying the bills, accomplishing the necessary repairs and supervising the day to day problems with tenants. Reference Letter Page 2 August 18, 2000 Obviously, she has my highest recommendation. Unfortunately for my office she has decided to make a change from working in a criminal defense law practice and is seeking another work environment. Please call if any further information is necessary. Very truly yours, - ROBERT E. COURTNEY, INC. Robert E. Courtney LAW OFFICES OF THOMAS P. ALLEN III A PROFESSIONAL CORPORATION 120 FISHERMAN'S WHARF REDONDO BEACH, CALIFORNIA 90277 (310) 376-0922 • FAX (310) 374-2647 August 17, 2000 TO WHOM IT MAY CONCERN Re: KELLY SCHAEFER I write this letter to most sincerely recommend KELLY SCHAEFER for any position of employment which requires professionalism, intelligence, diligence, trustworthiness, and direct contact with clients, patients, customers, or the general public. l practice law in a very tight -knit colony of lawyers in Redondo Beach. Although the organizational structure and association of the attorneys changed from time to time, I have worked for 12 years along. side Kelly Schaefer. I am personally familiar with her extraordinary skills, talents, and work ethic. Whenever a problem or question arose concerning our office, we would generally go to Kelly Schaefer as the "Fount of All Knowledge". Moreover, she frequently advised other secretaries concerning computer and word processing problems. She consistently proved to be an inventive "problem solver" and a very gifted "people person". Speaking on behalf of this entire office, it was with great regret and disappointment that Kelly Schaefer is "moving on". She is an extraordinarily talented and rare individual, who had a tremendous, positive impact on our office. Whatever she chooses to do, she will do well, far beyond the expectations of her employer. And, she will surely be a positive influence on your entire workplace. 1 would be pleased to further discuss Kelly Schaefer and her many talents with you. Please do not hesitate to contact me should you have any questions or concerns. Very truly yours; LAW OFFICES OF THOMAS P. ALLEN III A PROFE .IONAL CORPORATION Thomas P. Allen HI, Esq. TPA/nan 78 : kellyschae fer . rec . ltr S MICHAEL NORRIS, INC. Attorney at Law Michael Norris 120 Fish'erman's Wharf Redondo Beach, CA 90277 August 16, 2000 RE: Kelly Schaefer 310 376 0922 323 772 8505 Fax: 310 374 2647 Please accept this letter as my personal introduction of Ms. Kelly Schaefer, who has worked in our office for over ten years now. She has been a bright, and guiding light. The type of model co-worker that makes everyone else, in the office,_ feel better about themselves. She has excelled, not only as a legal assistant, but she has also, for many years, now, volunteered to serve as 'the Office Manager, coordinating all of the myriad of responsibilities and duties that "come with the territory". Kelly has excellent interpersonal skills, and communicates very well with clients, suppliers, lawyers, and judges. She has been a great asset to our practice, and I wish her only the best in whatever area she tackles in the future. Regards, 444 4644' MICHAEL NORRIS ATTORNEY AT LAW MN:sdd (310) 376-0922 To Whom It May Concern: LAW OFFICES OF ANTHONY D. SCOTT 120 FISHERMAN'S WHARF REDONDO BEACH, CALIFORNIA .90277 FAX (310) 374-2647 1 have worked in the same law office with Kelly Schaefer over the last 11 years. 1 have always found Kelly to be thoughtful, energetic, and professional during her employment in our law office. Kelly is a very loyal, hard working, efficient person. I hi ' hly recommend her for any position that requires decision making and responsibility. Please feel free to call me if you have any questions. Very t���,. rs, AT O ATTO ADS:sb D. SCOTT EY AT LAW • CITY OF HERMOSA BEACH BOARD/COMMISSION APPLICATION NAME OF COMMISSION: Emergency Preparedness Commission Name: Art Rutherford Home Phone: 310-374-1281 Address: 3224 Hermosa Ave, Hermosa Beach Email: Rutherka@verizon.net Occupation/Profession: Retired Name of Employer: NIA Bus. Phone: N/A REFERENCES: Local: Victor Piai — Civil Engineer, Hermosa Beach, CA Professional: Marie Davis, Emergency Services Director (Acting CEO) Red Cross Tulare -King County Chapter Other: Paul and Yvonne Amarillas, Community involvement COMMUNITY PARTICIPATION AND SERVICE (past and present): American Red Cross of Greater Los Angeles, South Bay District Why do you wish to become a Commission member? As an active Red Cross volunteer in Disaster Services, 1 recognize and appreciate the need for local communities to take an active roll in mitigating the impact of a large disaster on the community. One clear lesson, from the catastrophe of Katrina and Rita, is relief from any organization or group of agencies, no matter how well planned and executed, cannot reach everyone instantaneously. Preparedness, down to the community, neighborhood and household level must come from within to insure order, and reduce the initial effects until relief can arrive from outside sources. What do you feel are the duties and responsibilities of a Commission member? Develop comprehensive plans, policies and procedures that meet the objectives of the City government of Hermosa Beach in response to a major disaster. Coordinate with other community agencies and area emergency coordinators to review existing local disaster plans and integrate them with Hermosa Beach's needs and environment to achieve seamless mutual cooperation. Oversee testing of the developed plans including updating policies and procedures as necessary. Raise the importance of individual citizens to be prepared. Page 1 of 3 Do you have any current obligations or responsibilities, which could be construed as a conflict of interest with your being a board/commission member? Yes XX No (If yes, please explain) Please give a resume of your education, employment, memberships, past activities and other " experience that you feel would qualify you as a Board/Commission member. Education and employment (See attached) Other qualifying experience: 2001— Present: Disaster Services Volunteer — American Red Cross Greater Los Angeles Experience with the Red Cross in the past 6 years would be a valuable asset and provide immediate access to essential information needed in the formulation and achievement of the Commissions' objectives. The training and experience received from the Red Cross include the areas of: Community Outreach District Duty Officer — SE/SB Disaster Response Leader Shelter Operations Instructor Volunteer Recruitment This Board/Commission meets on at p.m. Do you foresee any scheduling problems that might make you miss meetings? Yes XX No How long have you lived in Hermosa Beach? Over 20 years Comments: My combination of organizational and management professional skills and Red Cross training would be an asset to the Commission. Signed: Date: April 2, 2007 • Page 2 of 3 (Revised 2/14/07) ARTHUR RUTHERFORD 3224 Hermosa Ave Hermosa Beach, CA 90254 310-374-1281 EXPERIENCE/BACKGROUND SUMMARY: Over twenty-five years in the Aerospace/Defense Industry 1983 -1998 Lear Astronics Corp., Santa Monica, CA (currently BAE Systems) 1996 -1998 Marketing Manager for domestic and international programs. Technical manager for collaboration with Thomson CSF, France. Prepared and published report on Assessment of UAVs in Third World Countries. 1994 -1996 Regional Marketing Director - Middle East / Africa. Responsible for business development, primarily in Kuwait, Saudia Arabia, Oman and the United Arab Emirates, as well as ongoing program support in Egypt and Morocco. 1986 1994 Director of Marketing and UAV Programs for Developmental Sciences sector of Lear Astronics. This business area was directed toward the marketing of UAV systems as a prime contractor directly to domestic and international governments. Supported demonstrations of Skyeye to the US Army for Intelligence Electronic Warfare (IEW) UAV and the Short Range UAV for the Joint Program Office. 1983 -1986 Product Line Manager - Unmanned Systems. Instrumental in securing sole source contract from the US Army for UAV Technology Demonstration in Low Intensity Conflict environment. Served as Site Commander/Mission Director for contractor operations after deployment to Honduras. 1980 -1983 Physics International Program Manager for nuclear weapons simulator programs for Defense Nuclear Agency_ • 1968 -1980 Teledyne Ryan Aeronautical (currently Northrop Grumman) • Deputy Program Manager for Supersonic Low Altitude Target • Systems Project Engineer on BGM-34C multi -mission (Recce/EW/Strike) UAV • Systems Engineer on YQM-98A Compass Cope high altitude - long endurance UAV • Head of field support team for AQM-34R initial deployment with USAF to Osan, Korea • Senior flight test engineer on AQM-91A Compass Arrow UAV 1965 -1968 Douglas Aircraft Company (currently Boeing) • Flight Development Engineer on DC -9 and DC -8 (series 60) flight test programs Education ! Certification • Bachelor of Science - Mechanical Engineering • Registered Professional Engineer - Control Systems (Ret.) Memberships: • American Defense Preparedness Association (ADPA) • Association Unmanned Vehicles Systems International (AUVSI) Page 3 of 3 KECEREb CITY OF HERMOSA BEACH FEB 2 6 2002 I. BOARD/COMMISSION APPLICATION cCLERIC 7ycH Name &7e70.5.24:74.- Home Phone: NO 1141(J-4.31 Occupation/Profession: -it) co . 1Reri Name of Employer Bus. Phone: ---- Address of Employer REFERENCES: Local: 1 2 . i g rJ, � 7. �c J (3,b) .375 -6 7.6 7 •I� rfat k'dO A- C (o )74 Professional: Rel.. 1712/21---r t r 6) 37 - e 2Z-3 Other: `Proge-(�z3) 7 -6/4e, COMMUNITY PARTICIPATION AND SERVICE (past and present): /-4/ fstpaodew+ .r dew/1.d, A977--- 2 ' A74,b Cr td eOuNcCP 'T76�t5&�f� 16, /`"'fi 44..5 r l/1'47,. 24,401/1c-) ✓ c'.f ed—e C ,?r F5 f f64c r cr/`Pt c.. PC -4,40 cmc cq o,rne/t. (c a lat vrz Why do you wish to become a Commission member? I- fod e AA i -arta... <94.34 -c .met 7:7- &tic re.42a .7 ?ois; 4/1/I te- e A Ge. /LA &A-7, ©d..) - r -rel-rt S G"tn .44 .44 . What do you feel are the duties and responsibilities of a Commission member? '±tea c1 p F4. a..-, ,tet Pag:P a -e I)F P - `i" k.,. Grt ^ C-Ot. +c;LQ Page 1 of 2 • Do you have any current obligations or responsibilities, which could be coiistiued as a conflict of interest with your being a board/commission member? Yes ./ No (If yes, please explain) Please give a resume of your education, employment, memberships, past activities and other experience that you feel would qualify you as a Board/Commission member. . *-f L magas Cf.a,u . C?n_ - u 0.4471 4 7 eR erl o ✓ice 0?fir 4-,43 ,2 , - god- - ' 5.4A/ca._ p"..)•,ms s 2 La) t c.�. (- 0.413 GQ -.-444o c t t cd (3, s 0-00rc c Elft) b r ---co /L- -5€,3A,4c ci1d ItS - P4 _ odil C'D' " 40.+4 A.17 C (©c- x s. ,c ) This Board/Commission meets on at p.m. Do you foresee any scheduling problems that might make you miss meetings? Yes v No How long have you lived in Hermosa Beach? Comments: ct""i-t'r�� t-�r r25 s P-7" ,t_-1 Z© 4/14 --6 c-ra-e C.'.-44.'$ Signed: Date: r-rAped2744-5.7 U cA 7::).2r444,n Fc i cEL3 7 €: # —124Eitt er—OD Pn-tc..3..d2 fit~ Q/L 44.3/ Lc_ ,C3 6_6D C .47'12.... j c1.7". S 4 s� Page 2 of 2 (4/23/01) Mayor and Members of the City Council /61/4_ /S) )3--0-4/ April 4, 2007 City Council Meeting April 10, 2007 VACANCIES - BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS Recommendation: 0/62 It is recommended that the City Council direct the City Clerk to immediately advertise and request applications from interested parties for two Parks, Recreation and Community Resources Commission terms that will expire June 30, 2007, two Planning Commission terms that will expire June 30, 2007, and two Civil Service Board terms that will expire July 15, 2007. Background: The expiration of terms on the above -noted boards/commissions occurs in late June and mid-July. Following established procedures, this matter is being brought to the attention of Council at this time for, direction with regard to advertising and inviting applications for the upcoming term expirations. Traditionally, Council has directed that all seats be advertised. One notice inviting applications for all board/commission seats would be published, setting a filing deadline of Monday, June 4, with a report back to Council at its. meeting of June 12 for the scheduling of applicant interviews, with appointments to be made at the June 26 meeting. PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSION Two terms ending June 30, 2007 These seats are currently held by Robert Bell and Stephen Francis -- both are eligible for reappointment. Mr. Bell has served on the Commission since June 22, 1999, and Mr. Francis has served on the Commission since September 22, 1998, when he was appointed to fill an unexpired term. Appointments for the two seats will be for four-year terms ending June 30, 2011. 8b PLANNING COMMISSION Two terms ending June 30, 2007 These seats are currently held by Peter Hoffman and Sam Perrotti — both are eligible for reappointment. Mr. Hoffman has served on the Commission since August 10, 1999, and Mr. Perrotti has served on the Commission since August 8, 1995. Appointments for the two seats will be for four-year terms ending June 30, 2011. CIVIL SERVICE BOARD Two terms ending July 15, 2007 These seats are currently held by Susan Blaco and Barry Warner -- both are eligible for reappointment. Ms. Blaco has served on the Board since March 13, 2001, when she was appointed to fill an unexpired term. Mr. Warner has served on the Board since February 28, 1984, when he was appointed to fill an unexpired term. Appointments for the two seats will be for four-year terms ending July 15, 2011. Noted: Step h r 1;2.&Gfret , City Manager Elaine Doerfling, City CITY OF HERMOSA B EAC H MEMORANDUM DATE: APRIL 5, 2007 TO: CITY COUNCIL MEMBERS FROM: SAM EDGERTON, MAYOR SUBJECT: CHANGE IN THE MUNICIPAL CODE TO ALLOW PERMITS FOR PRIVATE RESIDENTIAL EVENTS TO BE HOSTED AT THEIR HOMES TWICE A YEAR. This proposal would provide that a resident could request two permits per year per household. The permits would allow wedding, graduation parties, etc. to go on until 12:00 midnight. The permits would be issued by the Police Department and would allow live entertainment up to 12:00 midnight. Permits would be issued only on Friday and Saturday nights and each permit would require a deposit of $500.00. The deposit would be forfeited if the police have to close the event/party down after 12:00 midnight. The person getting the permit must be on site during the event/party and available should there be a reason to contact him or her during the event. If all of the conditions of the permit are met the deposit would be returned. Permits must be applied for at least one week before the event/party. The permittee would be required to provide notice on their block showing the date of party, time from blank to 12:00 midnight and the telephone number of the host of event/party. This information would also be given to dispatch so in the event that there is a call about the event/party they will be able to tell the caller they have a permit and that it will end at 12:00 midnight. This permit system would add some ability for residents wishing to host an event! party at their home in a planned and responsible way. It would also provide the information to both the police department and dispatch that there will be an event/party, who is hosting it and when it will end. I would ask the City Manager and City Attorney to return with an amendment to the code to allow this program.