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11/09/99
. 6936, IF it is true that we are what we eat, how carne we all aren't light, new and improved?" - Ivern Ball AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, November 9, 1999 - Council Chambers, City Hall Regular Session - 7:10 p.m. MAYOR Julie Oakes MAYOR PRO TEM J. R. Reviczky COUNCIL MEMBERS Robert Benz John Bowler Sam Y. Edgerton CITY CLERK Elaine Doerffing CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins 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. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council foyer. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS 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. (a) ORAL COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Members of the public wishing to 1 request the removal of an item from the Consent Calendar may do so at this time. Please limit comments to three minutes. Citizens also may speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) with the Mayor's consent, during discussion of items appearing under Municipal Matters; Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. (b) WRITTEN COMMUNICATIONS 1. Letter from Jim Lissner regarding a follow-up to his request to provide sales tax breakdown by business category within geographic areas. RECOMMENDATION: Refer to agenda item #10. 2. Letter from Jim Lissner requesting a written report from the City Attorney regarding the Street Lighting and Landscape Assessment providing a legal basis for a senior citizen rebate and expenditure for capital improvements. RECOMMENDATION: Receive and file. 1. 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 3, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on October 26, 1999. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 3, 1999. Claimant: Gonzalez, Peter Date of Loss: 5/17/99 Date Filed: 10/25/99 • • Claimant: Covalt, Wendell L. Date of Loss: 8/22/99 Date Filed: 11/3/99 (e) Recommendation to approve, pending Fire Department approval, the use of fireworks for the New Years Eve celebration on the Pier Plaza on December 31, 1999, and to authorize the City Manager to sign the attached agreement. Memorandum from Community Resources Director Mary Rooney dated September 8, 1999. (1) Recommendation to accept and appropriate to the Community Resources Department a $350.00 donation from the Hermosa Beach Rotary Club for the annual Halloween Howl and a $300.00 donation from the Hermosa Beach Kiwanis Club for the Halloween Howl and the Sand Snowman contest. Memorandum from Finance Director Viki Copeland dated October 27, 1999. (g) Recommendation to authorize the purchase of twenty-six (26) Motorola MTS2000 Portable Radios and accessories from the Motorola Corporation at a cost of $50,564.56 (includes tax). Memorandum from Police Chief Val Straser dated November 1, 1999. (h) Recommendation to approve plans, specifications, estimates, order the work and call for bids for CIP 98-621 Phase II Municipal Pier Architectural Upgrades and instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Memorandum from Public Works Director Harold Williams dated November 2, 1999. (i) (l) Recommendation to receive and file report on Council's request for information about basic cable services from Adelphia. Memorandum from Community Resources Director Mary Rooney dated November 3, 1999. Recommendation to approve plans, specifications, estimates, order the work and call for bids for CIP 99-529, Clark Field -Building Demolition, and instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Memorandum from Public Works Director Harold Williams dated November 2, 1999. (k) Recommendation to approve Request for Proposals for Construction Administration/Inspection Services for CIP 97-182, Myrtle Avenue Underground Utility District No. 97-1, and CIP 97-183, Loma Drive Underground Utility District No. 97-2, and authorize staff to solicit proposals. Memorandum from Public Works Director Harold Williams dated November 2, 1999. • • (I) Recommendation to approve Request for Proposals for Professional Services for Design for CIP 98-621, Phase HI Municipal Pier -Architectural Upgrades, and authorize staff to solicit proposals. Memorandum from Public Works Director Harold Williams dated November 2, 1999. (m) Recommendation to award contract for sanitary sewer maintenance and video inspection to Empire Pipe Cleaning and Equipment, Inc. in the amount of $230,170 for three years; and, authorize the Director of Public Works to make changes to the contract amount not to exceed $23,017. Memorandum from Public Works Director Harold Williams dated November 1, 1999. (n) Recommendation to receive and file report on Integrated Pest Management. Memorandum from Public Works Director Harold Williams dated October 28, 1999. (o) Recommendation to approve request from the Hermosa Beach Chamber of Commerce and authorize the placement of cards in all commercial (silver post) parking meters indicating two hours free parking from November 22"d through December 27te. Memorandum from City Manager Stephen Burrell dated November 3, 1999 and supplemental letter from Donley Falkenstien dated October 19, 1999. 2. CONSENT ORDINANCES a. ORDINANCE NO. 99-1195 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NON-EXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 19, 1999. 3. ITEMS REMOVED FROM '1'HE CONSENT CALENDAR FOR SEPARATE DISCUSSION. * Public comments on items removed from the Consent Calendar. 4 -p PUBLIC HEARINGS - TO COMMENCE-AT.7:30-P.M. - 4. AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENTPLAN TO A AT SPACES BY RELOCAONES AND ADDING ONE SPE 531 PIER AVENUE, MARINELAND MOBILE HOME PARK. Memorandum from Community Development Director Sol Blumenfeld dated November 1, 1999. S RECOMMENDATION: Sustain Planning Commission's denial 5. AGROUND LEASE OFE OWNED 1 BETWEEN THE CITY OF HERMOSA BEACH AND ��OSA VNVELLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE. (Continued from meetings of October 12, 1999 and October 26, 1999) Memorandum from Community Development Director Sol Blumenfeld dated November 2, 1999. RECOMMENDATION: Approve the ground lease with the following conditions: 1) Initial ground lease rate at $21,000 per year; 2) CPI lease adjustments assessed every five years (maximum 15% each assessment); 3) Ground lease escalator assessed every five years at 12.5% of the effective gross rent receipts but not less than the CPI adjusted ground lease; 4) Off-site improvements consistent with the plan attached to the staff report; 5) Exterior building finish consistent with the abutting City parking structure interior; 6) Reimbursement to the City for site work (electrical and telephone conduit and sewer lateral); and, 7) Approve an appeal to an encroachment permit for a 2'-6' encroachment at the second floor level of the project and related ground level encroachments shown on plan attached to staff report. 6. APPEAL OF DENIAL BY �M�N �0 ADULT DOGS ES DIVISION ON FOR A PERMIT TO KEEP 1042 SECOND STREET. Memorandum from Police Chief Val Straser dated November 2, 1999. RECOMMENDATION: Uphold denial of permit. MUNICIPAL MATTERS 7. SAINT PATRICK'S DAY PARADE AND FESTIVAL - MARCH 18-19, 2000. Memorandum from Community Resources Director Mary Rooney dated November 1, 1999 RECOMMENDATION: Approve event with the additional of a surf contest; an allocation of $5,000 from the Downtown Enhancement Fund for parade expenses; up to $2,000 from Prop A Transportation Funds for shuttle bus service; waiver of parking fees, banner fees, and amplification permit fees; billing for Police, Fire and Public Works services at actual hourly cost; and, street closure for an additional day (March 19th) to expand the festival to two (2) days. 8. INITIATIVE PETITION TO ESTABLISH RESTRICTIONS AND REQUIREMENTS FOR USE OF THE BEACH FOR TEMPORARY EVENTS AND COMMERCIAL ADVERTISING. Memorandum from City Clerk Elaine Doerfling dated November 2, 1999. RECOMMENDATION: Receive and file reports and select one of the following alternatives: 1) Introduce the ordinance without alteration (and adopt it within 10 days; or, 2) Direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the ordinance, without alteration, to the voters at the regular municipal election in November of 2001. 9. INITIATIVE PETITION TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS. Memorandum from City Clerk Elaine Doerfiing dated November 2, 1999. RECOMMENDATION: Receive and file report and select one of the following alternatives: 1) Introduce the ordinance without alteration (and adopt it within 10 days; or, 2) Direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the ordinance, without alteration, to the voters at the regular municipal election in November of 2001. 10. CHANGE IN REPORTING OF QUARTERLY SALES TAX DATA, REQUEST FROM MR. JIM LISSNER. Memorandum from Finance Director Viki Copeland dated November 4, 1999. RECOMMENDATION: Direct staff to continue receiving existing quarterly - sales tax reports. 6 1 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSAL TO CONTRIBUTE TO THE PIER RENOVATION PROJECT AND PLACE A PERMANENT PLAQUE AND ACKNOWLEDGEMENT AT '1'HE FOOT OF THE PIER. Memorandum from City Manager Stephen Burrell dated November 4, 1999. RECOMMENDATION: Approve the placement of a permanent acknowledgement and memorial plaque in recognition of a single contribution for the project and direct the City Manager to work with the representative of the donor to work out the details of the gift. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 13. 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. NONE ADJOURNMENT NOV-03-99 WED 12:41 H.LISSNER 310 3762287 P.01 i ,710 FACSIMILE COVER SHEET Total number of pages including this cover sheet 1 Date WED 11-3-99 Time To/Recipient Hermosa Beach City Council at fax number auto voice phone number 318-0216 - 99. From/ James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Sender: Fax number: (310) 376-2287 Voice number: (310) 376-4626 There is an answering machine on this line and it picks up atter 5 rings. Message: PLFASF AGFNDTRF; EQ jNiFXT COUNCIL MEETINQ Re: •, -• . . • • • W V At the council meeting of 9-14 X suggested that the sales tax report provided you by your sales tax consultant be further broken down by business category within geographic area; you asked staff to bring back an estimate of the cost of so doing. I would like to know if that estimate now is available. Important: The pages comprising this facsimile transmission contain confidential information from James Lissner. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so that we may arrange to retrieve this transmission at no cost to you. IlliiNOV-03-99 WED 13:49 .H.LISSNER 310 3762287 P.01 FACSIMILE COVER SHEET Total number of pages including this cover Date WED 11-3-99 Time To/Recipient Hermosa Beach City Council at fax number auto voice phone number 318-0216 1 sheet 1 From/ James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Sender: Fax number: (310) 376-2287 Voice number: (310) 376-4626 There is an answering machine on this line and it picks up after 5 rings. Message: ►1� •: ►I • J u L A 9 WRITTEN COMMUNICATIONS FROM THE PUBLIC Re: LANDSCAPE AND LIGHTING DISTRICT, LEGAL BASES FOR SENIOR REBATE AND FOR EXPENDITURE FOR CAPITAL IMPROVEMENTS (a) An announcement in last week's Easy Reader (page 8) says that the City will give seniors a rebate of their Landscape and Lighting (L&L) assessment - despite the fact that the enabling State law, the L&L Act of 1972, contains no language authorizing rebate or deferral. Since the legislature specifically authorized deferral in other, earlier, improvement acts such as those of 1911 and 1913 but did not do so in the 1972 Act, it would be appropriate to suspend the rebate program until the city attorney can provide a written report giving a legal basis for it. (b) In 1995, when L&L assessments were trebled without mailed notice to property owners, your city attorneys told you that for there to be an exception to the mailed -notice requirement, assessment proceeds could only be used for operation (electricity bills) and maintenance - and could not be used for the construction of improvements. Despite its attorneys' advice, the City has been spending L&L monies for capital improvements - e.g., street lighting fixtures of a far more expensive type than those being replaced, traffic signals at new locations or with added features (such as the current $230K to be spent to add left turns to the signals on Hermosa at 13th and 14th). It would be appropriate to suspend the current L&L- -funded capital improvement projects until the city attorney can provide a written report giving a legal basis for them. h2 •- • '9 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 26, 1999, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Patricia Spiritus ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None ANNOUNCEMENTS: Mayor Oakes announced that the meeting would be adjourned in memory of Richard Learned, Sr., who passed away over the weekend. Mayor Pro Tempore Reviczky said Dick Learned bought Learned Lumber in 1947 from his father and managed the business for years before passing it on to his sons. He said Mr. Learned was survived by his wife Betty, his daughter Lynn, and his two sons Rick and Michael, and he expressed condolences to the Learned family. Mr.Reviczky requested that the meeting also be adjourned in memory of his neighbor Juan Savedra, a Hermosa Beach resident since 1933. He said Juan was survived by his wife Irene, seven children, 14 grandchildren and 23 great grandchildren, and he expressed condolences to the Savedra family. Mr. Reviczky then announced the 7th annual Beach Cities Toy Drive kick off on Thanksgiving Day weekend. He also said the High Five Boutique has offered to donate to the toy drive the proceeds from its annual fashion show, to be held at 5 P.M. Sunday, November 14, 1999,. at Point 705. Councilmembers Bowler and Benz commented on the excellence of the production of "Forever Plaid," which is currently playing at the Hermosa Playhouse. Mayor Oakes announced the Halloween Howl would take place Saturday, October 30, 1999, at 6 P.M. at the Clark Building; and the Halloween Carnival was scheduled for Friday, October 29, 1999, from 4:30 to 8:30 P.M. at Hermosa Valley School. Mayor Oakes announced the success of the Woman's Club annual pancake breakfast and the Project Touch car show, which took place Sunday, October 17, 1999. Mayor Oakes announced the opening of the new tennis courts at the Community Center, noting that Council members had attended the opening ceremonies. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Patricia Spiritus - Hermosa Beach, submitted information to the Council members on the City Council Minutes 10-26-99 Page 10099 la • • formation of a business improvement district; thanked the Council for its accomplishments; Michael Keegan - Hermosa Beach, submitted a letter and spoke to Item #4, which would not be heard this evening, noting he would be out of town November 9 when the hearing takes place; Judy Garland - 1181 Cypress, objected to Council's decision to not reappoint Pete Tucker to the Planning Commission, noting other Council candidates who had been allowed to retain their Commission seats during their candidacy; Carol Fleischer - 415 Herondo, commented on the Avon Breast Cancer walk that took place over the weekend, noting that she was a participant; Al Bowman - Seventh Street, objected to recent flyers depicting the downtown as a war zone; said he and his wife frequent the Plaza and loved the restaurants; Donley Falkenstien - Hermosa Beach, said many people were concerned about the downtown area; Jim Lissner - 2715 El Oeste, requested that item 1(a)(2) be removed from the consent calendar for later discussion; said he would film the candidate forum scheduled for October 27, 1999, at 7:30 P.M. at the Clark Building; said the City had not enforced the underage drinking laws since July 4, 1994; referenced information he submitted earlier this evening pertaining to balancing the budget in the year 2000; Bill Sigler - 46 - 10th Street, reminded everyone to vote at the November 2, 1999 election; and Lorna Johnson - Hermosa Beach, said the downtown was the best it had been in at least 20 years, that part of being a beach community is having the restaurants; suggested that work be done now to improve Pacific Coast Highway. (b) COUNCIL COMMENTS: Councilmember Reviczky commented on the budget -cutting suggestions submitted this evening by Jim Lissner. He and Councilmembers Bowler and Edgerton and Mayor Oakes then urged the citizens to vote NO on Measure D, which would abolish the City's utility user tax. Councilmember Benz spoke in support of the measure. With regard to Ms. Garland's comments, Mayor Oakes said Pete Tucker's term on the Planning Commission had expired - a circumstance that did not apply to her when she ran for Council or to another current Council candidate. (c) WRITTEN COMMUNICATIONS 1. Letter from Jim Lissner requesting consideration of suggestions for improving public remote access to government meeting audio and video. City Council Minutes 10-26-99 Page 10100 Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To direct staff to review and report back on the suggestions contained in the letter. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 2. Letter from Carol and Michael Fleischer requesting appeal of the Planning Commission decision to deny_ their request to continue their project at 4 The Strand as a nonconforming remodel. City Manager Burrell reported that the City Attorney said the Council could deal with this issue tonight. Coming forward to address the Council on this item were: Michael Fleischer - 415 Herondo, spoke to his letter and responded to Council questions; and Donna Grossman - project architect, responded to Council questions. Action: To approve the appeal of the Planning Commission denial and, thereby, allow the project at 4 The Strand to continue as a nonconforming remodel. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 3. Letter from Donley Falkenstien requesting free parking for holiday shoppers beginning Friday, November 19th. City Manager Burrell said the issue of free parking for holiday shoppers was scheduled for the next agenda. Coming forward to address the Council on this item was: Donley Falkenstien - 124 34th Street, spoke to his letter. Action: Mayor Oakes directed that the letter be included as an attachment to the request from the Chamber of Commerce at the November 9, 1999 meeting. Mayor Oakes announced that public hearing item 5, Scotty's, appeal, had been formally withdrawn by the applicant/appellant and was no longer under consideration. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), noting a "no" vote by Councilmember Benz on item (m) and with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a)(2) Mayor Oakes for Jim Lissner, (e) Reviczky, (1) Benz, and (n) Benz. City Council Minutes 10-26-99 Page 10101 • • Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on September 28, 1999. Action: To approve the minutes of the Regular Meeting of September 28, 1999, as presented. 2) Minutes of the Regular Meeting held on October 12, 1999. Supplemental memorandum and minutes submitted October 26, 1999 by City Clerk Elaine Doerfling. This item was removed by the consent calendar by Mayor Oakes, at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - requested that the minutes of the meeting of October 12 be amended as follows: change the title of Written Communications item #2 to reflect that his presentation pertained to budget issues and expand his comments under Consent Calendar item (a) to list in detail his suggested changes to the September 14 minutes. Action: To approve the supplemental minutes of the Regular Meeting of September 28, 1999, amended on page 10089 to reflect in the title of Written Communications item #2 that Mr. Lissner's presentation pertained to budget issues. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18975 THROUGH 19121, NOTING VOIDED CHECK NOS. 19005, 19047, 19055, AND 19122. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST AND SEPTEMBER, 1999 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. City Council Minutes 10-26-99 Page 10102 r • • Action: To receive and file the August and September, 1999 Financial Reports as presented. (e) RECOMMENDATION TO ACCEPT AND APPROPRIATE A $100.00 DONATION FROM ROLLERBLADE GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT FOR ROLLER HOCKEY PROGRAM SUPPLIES. Memorandum from Finance Director Viki Copeland dated October 18, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donor. Action: To accept the $100 donation from Rollerblade to Community Resources for roller hockey program supplies. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 5, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 5, 1999. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL BETWEEN THE CITY AND RESOURCES FOR INDEPENDENCE FOR THE USE OF ROOM 6C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated October 18, 1999. Action: To approve the lease agreement between the City and Resources for Independence for the use of Room 6C in the Community Center (160 square feet) for a one-year period commencing December 1, 1999 and ending November 30, 2000, at a monthly rate of $164.80 through June 30, 2000 ($1.03 per square foot), and $172.80 from July 1, 2000 through the end of the term ($1.08 per square foot). (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of October 19, 1999. (i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24988 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 654-656 SEVENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6032, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, City Council Minutes 10-26-99 Page 10103 • • GRANTING APPROVAL OF FINAL PARCEL MAP #24988 FOR A TWO - UNIT CONDOMINIUM PROJECT LOCATED AT 654 - 656 SEVENTH STREET, HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25118 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 602-606 NINTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6033, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25118 FOR A TWO - UNIT CONDOMINIUM PROJECT LOCATED AT 602 - 606 NINTH STREET, HERMOSA BEACH, CALIFORNIA." (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25212 FOR A 4 -UNIT CONDOMINIUM PROJECT AT 301 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6034, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25212 FOR A FOUR - UNIT CONDOMINIUM PROJECT LOCATED ATO 301 SECOND STREET, HERMOSA BEACH, CALIFORNIA." (1) RECOMMENDATION TO AWARD DESIGN CONTRACT FOR CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES TO PURKISS ROSE - RSI OF FULLERTON, CALIFORNIA FOR A FEE OF $174, 500. Memorandum from Public Works Director Harold Williams dated October 18, 1999. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. Action: To direct staff to re -bid the project to obtain more proposals. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (m) RECOMMENDATION TO APROVE AMENDMENT TO 99-00 COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT SHORTENING THE CLOSEOUT PERIOD FOR CONTRACTS TO 60 DAYS AS REQUESTED BY THE COMMUNITY DEVELOPMENT COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated October 20, 1999. Action: To approve the staff recommendation to approve and authorize the Mayor to execute the amended contract City Council Minutes 10-26-99 Page 10104 A • • as stipulated by the Los Angeles County Community Development Commission (CDC). (Councilmember Benz cast a "no" vote on this item.) (n) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS COMPENSATION - JUNE 1, 1999 THROUGH SEPTEMBER 30, 1999. Memorandum from Personnel Director/Risk Manager Director Michael Earl. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the quarterly report on workers' compensation, and to direct staff to provide a description of stress and to track the incident rate and the cost of claims for inclusion in the next report, with a five-year report on incidents. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (o) RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION, D.B.A. ADVANCED CONSTRUCTION, OF SANTA MONICA, ON CIP PROJECT NO. 97-526, COMMUNITY CENTER TENNIS COURT CONSTRUCTION, AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR (10% RETAINED FOR 35 DAYS FOLLOWING THE FILING OF NOTICE OF COMPLETION), AND APPROPRIATE $38,123 TO CIP 98-526 FROM FUND 126 4% U[JT TAX. Memorandum from Public Works Director Harold Williams dated October 21, 1999. Action: To approve the staff recommendation to: 1) accept the work by Pima Corporation, d.b.a. Advanced Construction, of Santa Monica, on CIP Project No. 97-526, Community Center Tennis Court Construction; 2) authorize final payment to the contractor (10 percent retained for 35 days following the filing of Notice of Completion); and 3) Appropriate $38,123 to CIP 98-526 from Fund 126 40 Utility Use Tax. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 99-1195 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY." Memorandum from City Clerk Elaine Doerfling dated March 2, 1998. City Council Minutes 10-26-99 Page 10105 • • Action: To continue this item to the meeting of November 9, 1999. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. At 8:29 P.M. the order of the agenda was suspended the public hearings starting with item 4. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION Items 1 (a) (2) , (e) , (1) , and (n) were heard at but are shown in order for clarity. Public comments on items removed from the calendar are shown under the appropriate item. to go to SEPARATE this time consent PUBLIC HEARINGS 4. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE. (Continued from meeting of October 12, 1999) Memorandum from City Manager Stephen Burrell dated October 20, 1999. City Manager Burrell recommended that this item be continued to the regular meeting of November 9, 1999. Action: Mayor Oakes continued the item to the regular meeting of November 9, 1999, as requested by staff, with direction to staff to look into the issues addressed in the letter submitted this evening by Michael Keegan. 5. APPEAL TO THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON -SALE ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AND TO ADD A DANCING AREA AND LIVE ENTERTAINMENT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, "SCOTTY'S". (Continued from meetings of June 22, 1999 and September 14, 1999). Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999. Supplemental letter dated October 26, 1999, from Frank Wattles, attorney representing the applicant/appellant, dated October 26, 1999, withdrawing the appeal. This item was pulled from the agenda because the appeal was formally withdrawn by the applicant/appellant. 6. TEXT AMENDMENT TO ELIMINATE THE TERM "TWO STORIES" IN THE R-1, R -1A, R-2 AND R -2B ZONES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999. City Council Minutes 10-26-99 Page 10106 • • City Manager Burrell recommended that this item be continued to the regular meeting of January 11, 2000. Action: To continue the item to the regular meeting of January 11, 2000 meeting, as requested by staff. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. At 8:35 P.M., the order of the agenda returned to item 3. MUNICIPAL MATTERS 7. RESOLUTION APPROVING LEASE AND EASEMENT FOR PIER AVENUE AND SIXTH STREET STORM DRAINS AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated October 21, 1999. City Manager Burrell presented the staff report and responded to Council questions, noting that the easement was previously approved by minute action but the County requires a resolution. Action: To approve the staff recommendation to adopt Resolution No. 99-6035, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND GRANTING OF AN EASEMENT FOR STROM DRAIN PURPOSES AS SPECIFIED AND AUTHORIZING THE MAYOR TO EXECUTE THEM ON BEHALF OF THE CITY." Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 26, 1999, at the hour of 9:10 P.M. to the Regular Meeting of Tuesday, November 9, 1999, at the hour of 7:10 P.M. City Council Minutes 10-26-99 Page 10107 -• VOUCHRE2 CITY OF HERMOSA BEACH 10/20/99 13:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS • PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 19123 10/20/99 009796 SOUTHERN CALIF. READY M SEMINAR/PUBLIC WORKS 001-4202-4317 60.00 60.00 TOTAL CHECKS 60.00 1ti VOUCHRE2 CITY OF HERMOSA BEACH 10/20/99 13:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 60.00 TOTAL 60.00 2 • PAGE 2 VOUCHRE2 10/21/99 17:38 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 19124 10/21/99 008955 AAE CONSULTANTS 19125 10/21/99 008456 AIRTOUCH CELLULAR 19126 10/21/99 006827 ALL CITY MANAGEMENT 19127 10/21/99 009517 CHRISTINA ALVAREZ 19128 10/21/99 008219 AON RISK SERVICES 19129 10/21/99 005179 AT&T 19130 10/21/99 009500 AT&T 19131 10/21/99 005029 DAVE BANG 19132 10/21/99 009787 BARON CENTER, INC. 19133 10/21/99 000252 BEACH TRAVEL 19134 10/21/99 008344 SHANE BOUMA 19135 10/21/99 007941 BROOKS SPECIALTY SERVIC 19136 10/21/99 000155 BROWNING FERRIS INDUSTR 19137 10/21/99 000413 BUILDING NEWS, INC. 19138 10/21/99 004388 C.M.B.T.A. 19139 10/21/99 009801 19140 10/21/99 000262 19141 10/21/99 000590 19142 10/21/99 000016 CAL-TEX AUTOMATIC TRANS CALIFORNIA MARKING DEVI CALIFORNIA SOCIETY OF M CALIFORNIA WATER SERVIC 19143 10/21/99 007485 CCUG CONFERENCE 19144 10/21/99 009788 CITY TRAFFIC ENGINEERS 19145 10/21/99 008811 DIANE CLEARY 19146 10/21/99 009614 CONTINENTAL MAPPING SER 19147 10/21/99 007809 CORPORATE EXPRESS 19148 10/21/99 000642 THE DAILY BREEZE 19149 10/21/99 000267 DEPARTMENT OF TRANSPORT CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION BIKEWAY RECONSTRUCTION CELL PHONE PURCHASE ACCOUNT NUMBER 121-8144-4201 170-2103-5401 SCHOOL CRSSG GD SERV/9/26-10/9 001-2102-4201 ROLLER HOCKEY REFEREE/OCT 99 001-4601-4201 TULIP INSURANCE/7/1/99-9/30/99 001-3897 TELEPHONE BILLING/SEPT 99 001-4601-4304 LONG DISTANCE SERVICES/SEPT 99 001-2201-4304 ENCLOSED INFANT SWING SEATS 001-4202-4309 INTERVENTION CONSULTATION/OCT 705-1209-4201 AIR FARE/SPETH/CCUG CONFERENCE 001-2101-4317 ROLLER HOCKEY REFEREE/OCT 99 AIR CONDITIONER REPAIRS TRASH REMOVAL/PARKING LOTS PUBLICATIONS CONFERENCE SEMINAR HANDOUTS AUTO PART PURCHASE/SEPT 99 SELF INKING STAMPS ANNUAL MEMBERSHIP/COPELAND RETROFIT FINANCE CHARGE REGISTRATION/SPETH 001-4601-4201- 001-4204-4201 109-3301-4201 001-4201-4317 110-1204-4317 715-2101-4311 001-4601-4305 001-1202-4315 001-4202-4303 001-2101-4317 1999 TRAFFIC WORKSHOP/WILLIAMS 001-4202-4317 PLANNING TRANSCRIPTIONS/9/99 300' NOTICING OFFICE SUPPLIES/SEPT 99 RECRUITMENT ADS/SEPT 99 HWY & SIGNAL MAINT/AUG 99 3 001-4101-4201 001-4101-4201 001-2101-4305 001-1203-4201 105-2601-4251 ITEM AMOUNT 2,590.65 288.49 3,076.25 50.00 125.00 11.07 12.63 1,171.57 137.50 102.50 108.00 2,500.00 383.01 110.48 50.00 197.01 38.98 100.00 1,360.42 200.00 75.00 246.50 1,510.00 295.77 443.36 3,360.32 PAGE 1 CHECK AMOUNT 2,590.65 288.49 3,076.25 50.00 125.00 11.07 12.63 1,171.57 137.50 102.50 108.00 2,500.00 383.01 110.48 50.00 197.01 38.98 100.00 1,360.42 200.00 75.00 246.50 1,510.00 295.77 443.36 3,360.32 VOUCHRE2 10/21/99 17:38 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 19150 10/21/99 007853 EMPIRE PIPE CLEANING & SEWER INSPECTION & CLEANING 19151 10/21/99 009803 ENVIROCHECK, INC. ASBESTOS INSPECTION 19152 10/21/99 009610 EXECUTIVE STARR PRODUCT SKATE TRACK SECURITY/SEPT 99 19153 10/21/99 008625 EXPRESS OIL WASTE OIL REMOVAL WASTE OIL REMOVAL 19154 10/21/99 001962 FEDERAL EXPRESS CORP. EXPRESS MAIL/AUG 99 EXPRESS MAIL/AUG 99 EXPRESS MAIL/SEPT 99 EXPRESS MAIL/SEPT 99 EXPRESS MAIL/SEPT 99 EXPRESS MAIL/OCT 99 EXPRESS MAIL/OCT 99 EXPRESS MAIL/SEPT 99 ACCOUNT NUMBER 160-3102-4201 127-8622-4201 001-4601-4201 715-4206-4201 715-4206-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 307-8182-4201 308-8183-4201 001-1203-4201 19155 10/21/99 008931 FLEMING & ASSOCIATES,TR WORKER COMP CLAIMS/10/5-15/99 705-1217-4324 19156 10/21/99 000015 GTE CALIFORNIA, INCORPO PHONE BILLING/SEPT 99 19157 10/21/99 009056 GTE INTERNETWORKING E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE E-MAIL/WEB PAGE STORAGE/MAR 99 STORAGE/APRIL STORAGE/MAY 99 STORAGE/JUN 99 STORAGE/JULY STORAGE/AUG 99 STORAGE/SEPT STORAGE/OCT 99 19158 10/21/99 006518 HAYER CONSULTANTS, INC. PLAN CHECKS/8/16-9/22/99 19159 10/21/99 007635 HERMOSA BEACH COMM. FOU FINAL PAYMENT/FILM FESTIVAL 19160 10/21/99 009781 HILTON CONCORD 19161 10/21/99 005356 JOHN HUNTER & ASSOC. 19162 10/21/99 000679 IAPMO LODGING/SPETH ADMIN OF STORM WATER PROGRAM SEMINAR/RICO 19163 10/21/99 002458 INGLEWOOD WHOLESALE ELE ELECTRICAL SUPPLIES/SEPT 99 DISCOUNT OFFERED DISCOUNT TAKEN 19164 10/21/99 009804 J.C.C. CONSTRUCTION WORK GUARANTEE DEPOSIT REFUND 19165 10/21/99 009333 DANIEL JANOTTA CLASS REFUND/FALL/WINTER 19166 10/21/99 004637 GEORGE J. JUNKIN 1998 ASSESSMENT REBATE 001-4204-4321 001-2020 001-2020 001-2020 001-2020 715-1206-4201 715-1206-4201 715-1206-4201 715-1206-4201 001-4201-4201 109-3301-4319 001-2101-4317 160-3102-4201 001-4201-4317 001-4202-4309 001-2021 001-2022 001-2110 001-2111 105-3105 ITEM AMOUNT 2,225.00 985.00 264.00 60.00 79.00 17.00 36.00 17.00 81.25 52.25 7.00 7.00 14.00 14,156.37 45.35 205.95 205.95 212.45 245.60 110.90 110.90 110.90 110.90 8,536.88 1,209.00 500.50 2,202.00 190.00 168.62 3.44 3.44- 5,000.00 25.00 24.61 PAGE 2 CHECK AMOUNT 2,225.00 985.00 264.00 139.00 231.50 14,156.37 45.35 1,313.55 8,536.88 1,209.00 500.50 2,202.00 190.00 168.62 5,000.00 25.00 24.61 VOUCHRE2 10/21/99 17:38 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 19167 10/21/99 009786 MICHAEL KAPLAN 19168 10/21/99 009802 DON KARASEVICZ 19169 10/21/99 009454 LAUREN MARIKO KIM 19170 10/21/99 006293 KINKO'S INC. 19171 10/21/99 008692 KIM KOMICK CONST 19172 10/21/99 007859 L.A. CO METRO TRANS AUT 19173 10/21/99 009306 LARRY MAYERS CARPET CAR 19174 10/21/99 008343 BRYANT LE 19175 10/21/99 008441 LEA ASSOCIATES, INC. 19176 10/21/99 000167 LEARNED LUMBER 19177 10/21/99 009737 LESLIE SOLYMOSI 19178 10/21/99 000077 LOMITA BLUEPRINT SERVIC 19179 10/21/99 009790 BRIAN LOWRY 19180 10/21/99 007252 ELEANOR LYNN 19181 10/21/99 009432 MCMASTER CARR 19182 10/21/99 001911 MEDICAL INSTITUTE 19183 10/21/99 008335 MISAC 19184 10/21/99 008975 MOBIL FLEET CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND WORK GUARANTEE DEPOSIT WORK GUARANTEE DEPOSIT REFUND HOCKEY SCOREKEEPER/OCT 99 COPY COPY COPY COPY COPY COPY COPY COPY COPY COPY SERVICE/SEPT 99 SERVICES/SEPT 99 SERVICES/SEPT. 99 SERVICES/SEPT 99 SERVICES/SEPT 99 SERVICE/SEPT 99 SERVICE/SEPT 99 SERVICES/SEPT 99 SERVICES/SEPT 99 SERVICES/SEPT 99 RE -BINDING SERVICES/BUDGET WORK GUARANTEE DEPOSIT REFUND WORK GUARANTEE DEPOSIT REFUND BUS PASS SALES/OCT 99 CARPET CLEANING/THEATRE LOBBY ROLLER HOCKEY REFERE/OCT 99 APPRAISAL SERVICES HARDWARE PURCHASE/OCT 99 BEE REMOVAL/OCT 99 BEE REMOVAL/OCT 99 BLUEPRINT SERVICE/OCT 99 BLUEPRINT SERVICES/OCT 99 IMPOUND REIMBURSEMENT EXCURSION REFUND/FALL 99 WINDMILL PARTS WINDMILL PARTS MEDICAL EXAMS/SEPT 99 MEMBERSHIP DUES/J. DUCKETT GAS CARD PURCHASE/SEPT 99' GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 5 ACCOUNT NUMBER 001-2110 001-2110 001-4601-4201 001-2101-4305 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-4202-4201 001-2201-4309 001-1202-4305 001-2110 001-2110 145-3403-4251 109-3301-4319 001-4601-4201 001-4201-4201 715-2601-4311 110-3302-4201 110-3302-4201 001-4201-4305 001-4202-4201 001-3841 001-2111 001-2125 001-2125 001-1203-4320 715-1206-4315 715-2101-4310 715-2201-4310 715-4201-4310 ITEM AMOUNT 1,600.00 1,600.00 24.00 32.37 242.73 64.95 170.08 9.74 6.50 180.02 198.22 196.31 96.34 15.34 1,600.00 1,600.00 184.00 158.00 12.00 450.00 25.94 85.00 170.00 58.24 479.80 41.00 100.00 11.61 35.46 215.00 120.00 2,166.07 123.94 43.84 PAGE 3 CHECK AMOUNT 1,600.00 1,600.00 24.00 1,212.60 3,200.00 184.00 158.00 12.00 450.00 25.94 255.00 538.04 41.00 100.00 47.07 215.00 120.00 VOUCHRE2 10/21/99 17:38 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME • • 19185 10/21/99 009795 ALISON MULLINS CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 GAS CARD PURCHASE/SEPT 99 CLASS REFUND/FALL/WINTER 99 19186 10/21/99 008170 MUNICIPAL MAINT. EQUIPM DISTRIBUTOR FOR GO -4 19187 10/21/99 009606 0 P CONSTRUCTION WORK GUARANTEE DEPOSIT REFUND 19188 10/21/99 006142 ORANGE COUNTY REGISTER RECRUITMENT AD/PLANNING ASSIST 19189 10/21/99 009797 LINDA PAHL CLASS REFUND 19190 10/21/99 009752 PETERSON'S HYDRAULIC RE LIFT TRUCK REPAIRS 19191 10/21/99 009791 EDITH PFEIFER 19192 10/21/99 009694 PICKENS FUEL CORP 19193 10/21/99 008482 PROMEDIX.COM REFUND EXCURSION/FALL 99 FUEL CHARGES/NATURAL GAS/9/99 FUEL CHARGES/NATURAL GAS/9/99 MEDICAL SUPPLIES/FIRE DEPT DISCOUNT OFFERED DISCOUNT TAKEN MEDICAL SUPPLIES/FIRE DEPT DISCOUNT OFFERED DISCOUNT TAKEN 19194 10/21/99 000839 SUSAN SAXE-CLIFFORD PH PSYCHOLOGICAL EVALUATION 19195 10/21/99 009800 CHARLES SCHWARTZ 19196 10/21/99 009139 SECURED STORAGE 19197 10/21/99 004187 SHARP SEATING COMPANY 19198 10/21/99 000018 SOUTH BAY WELDERS 19199 10/21/99 006060 SOUTH COAST AQMD TUITION REIMBURSMENT/FALL 99 STORAGE CHARGES/4TH ORT 1998 ROSE PARADE EXCURSION DEPOSIT WELDING SUPPLIES/SEPT 99 ANNUAL OPERATION PERMITS/99/00 19200 10/21/99 000159 SOUTHERN CALIFORNIA EDI ELECTRIC BILLING/OCT 99 ELECTRIC BILLING/OCT 99 ELECTRIC BILLING/OCT 99 STREET LIGHTING BILLING/OCT 99 ELECTRIC BILLING/OCT 99 2 ACCOUNT NUMBER 715-4202-4310 715-3302-4310 715-3104-4310 715-4601-4310 715-2601-4310 715-3102-4310 715-4204-4310 001-1250 715-1236 001-2111 715-3302-4311 001-2110 001-1203-4201 001-2111 715-4206-4201 001-2111 715-4204-4310 715-2101-4310 001-2201-4309 001-2021 001-2022 001-2201-4309 001-2021 001-2022 001-1203-4320 001-4201-4317 001-1121-4201 001-4601-4201 105-2601-4309 001-3104-4251 105-2601-4303 001-4202-4303 001-4202-4303 105-2601-4303 001-4202-4303 ITEM AMOUNT 203.13 245.68 169.81 34.19 63.51 103.88 36.94 52.29 127.30 48.00 521.07 1,600.00 246.96 62.00 199.96 50.00 25.09 8.26 16.53 .12 .12- 251.01 2.12 2.12- 325.00 43.00 24.00 500.00 10.11 358.20 10.38 13.07 137.44 8,781.98 227.62 PAGE 4 CHECK AMOUNT 3,370.58 48.00 521.07 1,600.00 246.96 62.00 199.96 50.00 33.35 267.54 325.00 43.00 24.00 500.00 10.11 358.20 9,170.49 VOUCHRE2 10/21/99 17:38 VOUCHER/ CHECK NUMBER CHECK VENDOR DATE NUMBER VENDOR NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 19201 10/21/99 000170 SOUTHERN CALIFORNIA GAS GAS BILLING/SEPT. 99 GAS BILLING/OCT 99 19202 10/21/99 008370 JENNIE C. SPETH PER DIEM/CCUG 19203 10/21/99 009793 STEVIE MARIE STEWART CLASS REFUND/FALL 99 19204 10/21/99 009198 STONEBRIDGE PRODUCTIONS DEPOSIT NEW YEARS EVE BAND 19205 10/21/99 009434 SURFWATCH 19206 10/21/99 009794 KERRY SUTTON 19207 10/21/99 009792 NEMO TAYLOR 19208 10/21/99 008207 19209 10/21/99 007864 SUBSCRIPTION RENEWAL REFUND/EXCURSION/FALL 99 CLASS REFUND/FALL 99 UNDERGROUND SERVICE ALE UNDERGROUND SERVICE ALERT UNION BANK OF CALIFORNI SAFEKEEPING FEE/SEPT 99 19210 10/21/99 000354 UNITED GREEN MARK 19211 10/21/99 004768 IRRIGATION SUPPLIES/OCT 99 UPTIME COMPUTER SERVICE PRINTER MAINT/NOV 99 19212 10/21/99 009078 VAN HERRICK'S 19213 10/21/99 008767 WEST GROUP 19214 10/21/99 006098 LANDSCAPING MAINT/SEPT 99 LANDSCAPING MAINT/SEPT 99 LANDSCAPING MAINT/SEPT 99 CA CRIMINAL JURY INSTRUCTIONS WONDRIES FLEET DIVISION 1999 FORD RANGER 4X4 19215 10/21/99 007341 JOHN WORKMAN PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 REIMBURSE/10/6-18 TOTAL CHECKS 7 ACCOUNT NUMBER 001-4204-4303 001-4204-4303 001-2101-4317 001-2111 109-3301-4319 715-1206-4201 001-2111 001-2111 160-3102-4201 001-1141-4201 001-4202-4309 715-1206-4201 001-4202-4201 105-2601-4201 001-4202-4201 001-2101-4305 715-3302-5403 715-1206-4201 001-3104-4309 001-4202-4309 160-3102-4201 001-4202-4317 001-1101-4305 001-4101-4305 001-4601-4305 001-4101-4317 001-4601-4308 001-1101-4305 001-2101-4305 001-2101-4317 001-2101-4187 PAGE 5 ITEM CHECK AMOUNT AMOUNT 294.22 3.05 297.27 250.00 250.00 32.00 32.00 10,000.00 10,000.00 154.84 154.84 50.00 50.00 60.00 60.00 83.75 83.75 208.33 208.33 276.87 276.87 341.00 341.00 800.00 600.00 10,900.00 12,300.00 22.46 22.46 19,080.15 19,080.15 41.14 20.00 20.00 10.81 89.74 5.04 39.00 27.90 45.00 100.12 1.87 28.87 37.26 35.00 501.75 126,032.22 VOUCHRE2 10/21/99 17:38 • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 53,696.89 105 LIGHTG/LANDSCAPG DIST FUND 12,787.40 109 DOWNTOWN ENHANCEMENT FUND 11,750.01 110 PARKING FUND 305.00 121 PROP A OPEN SPACE FUND 2,590.65 127 BUILDING IMPROVEMENT FUND 985.00 145 PROPOSITION ,A FUND 184.00 160 SEWER FUND 4,521.56 170 ASSET SEIZURE/FORFT FUND 288.49 307 MYRTLE UTIL UNDRGRND IMPR FUND 7.00 308 LOMA UTIL UNDRGRND IMPROV FUND 7.00 705 INSURANCE FUND 14,293.87 715 EQUIPMENT REPLACEMENT FUND 24,615.35 TOTAL 126,032.22 g PAGE 6 VOUCHRE2 10/25/99 12:14 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 19216 10/25/99 005125 JOHN WORKMAN, PETTY CAS PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMMBURS/10/6-18 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT TOTAL CHECKS ACCOUNT NUMBER 715-1206-4201 001-3104-4309 001-4202-4309 160-3102-4201 001-4202-4317 001-1101-4305 001-4101-4305 001-4601-4305 001-4101-4317 001-4601-4308 001-1101-4305 001-2101-4305 001-2101-4317 001-2101-4187 ITEM AMOUNT 41.14 20.00 20.00 10.81 89.74 5.04 39.00 27.90 45.00 100.12 1.87 28.87 37.26 35.00 PAGE 1 CHECK AMOUNT 501.75 501.75 VOUCHRE2 10/25/99 12:14 • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 160 SEWER FUND 715 EQUIPMENT REPLACEMENT FUND 449.80 10.81 41.14 TOTAL 501.75 I0 PAGE 2 VOUCHRE2 10/28/99 17:34 ---> VOID CHECKS CHECK NUMBERS COMMENTS CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS 019222 VOID 019250 VOID 1i PAGE 1 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME • • 19217 10/28/99 000029 A-1 COAST RENTALS 19218 10/28/99 000935 ADVANCED ELECTRONICS 19219 10/28/99 001895 HAROLD ANSCHEL 19220 10/28/99 003423 AT & T 19221 10/28/99 005179 AT&T CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SANTITATION SERVICES/8/27-9/24 HAND HELD RADIOS RE PROGRAMED MAINTENANCE AGREEMENT/OCT 99 TWO WAY RADIO MAINT/OCT 99 WORK GUARANTEE DEPOSIT REFUND LONG-DISTANCE CHRG'S/CELLPHONE LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/SEPT 99 DISTANCE CHRG'S/OCT 99 DISTANCE CHRG'S/OCT 99 DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/OCT 99 PHONE BILLING/OCT 99 LONG DISTANCE FAX BILL/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/SEPT 99 LONG DISTANCE CHRG'S/OCT 99 LONG DISTANCE CHRG'S/SEPT 99 PHONE BILLING/SEPT 99 ACCOUNT NUMBER 160-3102-4201 001-2201-4201 001-2101-4201 001-2101-4201 001-2110 001-2101-4304 001-1121-4304 001-1131-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 715-1206-4304 001-1208-4304 001-2101-4304 001-2201-4304- 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 110-1204-4304 110-3302-4304 001-1121-4304 001-1131-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 715-1206-4304 001-1208-4304 001-2101-4304 001-2201-4304 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 110-1204-4304 110-3302-4304 001-1203-4304 001-4601-4304 001-2101-4304 001-2101-4304 001-4204-4321 001-4202-4304 001-2101-4304 ITEM AMOUNT 1,464.97 135.50 188.70 1,398.55 1,600.00 3.64 .95 .24 .47 3.80 4.04 9.26 5.94 6.17 .47 71.73 30.40 4.27 6.89 47.97 27.31 4.75 12.82 .87 .22 .44 3.49 3.71 8.50 5.45 5.67 .44 65.85 27.91 3.93 6.32 44.04 25.08 4.36 11.78 25.94 28.35 11.07 10.75 13.64 11.25 10.75 PAGE 2 CHECK AMOUNT 1,464.97 1,722.75 1,600.00 3.64 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 19223 10/28/99 007940 VINCENT BALVIN 19224 10/28/99 000252 BEACH TRAVEL CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/SEPT 99 LONG DISTANCE CHRG'S/SEPT 99 LONG DISTANCE FAX CHRG'S/SEPT PHONE BILLING/SEPT 99 LONG DISTANCE FAX CHRG'S/SEPT PHONE BILLING/OCT 99 PER DIEM/CPPA CONFERENCE AIRFARE/BALVIN & MAPLES/CPPA 19225 10/28/99 009805 BILLIE BEE HONEY FARMS BEE REMOVAL SERVICES/10/09/99 19226 10/28/99 007109 ADAM BURT INSTRUCTOR PAYMENT/FALL 99 19227 10/28/99 000818 C.P.P.A. HEARING OFFICE HEARING OFFICER TRAINING CLASS 19228 10/28/99 009141 CALIF. EMS AUTHORITY EMT -PARAMEDIC RENEWAL/LICKHALT 19229 10/28/99 007458 CALIF. PUBLIC PARKING A REGISTRATION/MAPLES REGISTRATION/BALVIN 19230 10/28/99 000262 CALIFORNIA MARKING DEVI RESUBMITTAL STAMP 19231 10/28/99 005935 CALIFORNIA STREET MAINT DOWNTOWN LOT CLEANING/SEPT 99 STREET SWEEPING SERVICE SEPT 19232 10/28/99 005180 VICKI CHANEY INSTRUCTOR PAYMENT/FALL 99 19233 10/28/99 009590 JOE L. CHARLES INSTRUCTOR PAYMENT/FALL 99 19234 10/28/99 006307 MARGARET CHASE INSTRUCTOR PAYMENT/FALL 99 19235 10/28/99 004534 CMP SUPPLY COMPANY PRINTER CARTRIDGES/AUG 99 PRINTER CARTRIDGES/SEPT 99 19236 10/28/99 000325 COAST GLASS COMPANY REPLACE GLASS/SOUTH SCHOOL 19237 10/28/99 009808 JAY COHEN M.D. MEDICAL EXAM 19238 10/28/99 005970 DENNIS COLLINS INSTRUCTOR PAYMENT/FALL 99 19239 10/28/99 000041 VIKI COPELAND REIMBURS EXPENSE/LAIF CONF. 19240 10/28/99 006426 CRPOA MEMBERSHIP APPLICATION/LEWIS 19241 10/28/99 009533 DENNICK CONSTRUCTION WORK GUARANTEE DEPOSIT REFUND 19242 10/28/99 004394 DIVERSIFIED PHOTO SUPPL BATTERIES PURCHASED/OCT 99 13 ACCOUNT NUMBER 001-2101-4304 001-2101-4304 001-2101-4304 001-4202-4304 001-4202-4304 110-1204-4304 001-4201-4304 110-1204-4304 110-3302-4317 110-3302-4317 110-3302-4201 001-4601-4221 110-3302-4317 001-2201-4315 110-3302-4317 110-3302-4317 001-4201-4305 109-3301-4201 001-3104-4201 001-4601-4221 001-4601-4221 001-4601-4221 715-1206-4305 715-1206-4305 001-4204-4309 001-1203-4320 001-4601-4221 001-1202-4317 001-2101-4317 001-2110 110-3302-4309 ITEM AMOUNT PAGE 3 CHECK AMOUNT 10.75 11.07 10.89 11.18 11.07 11.09 31.08 11.12 675.54 200.00 200.00 177.00 177.00 100.00 100.00 2,282.70 2,282.70 160.00 160.00 130.00 130.00 375.00 375.00 43.30 6,250.00 12,200.00 750.00 43.30 18,450.00 682.50 682.50 294.00 294.00 661.50 661.50 372.44 413.33 785.77 989.00 989.00 1,428.00 1,428.00 220.50 220.50 361.55 361.55 72.00 72.00 1,600.00 1,600.00 103.27 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME • • 19243 10/28/99 006178 DOMINO COMPUTER CENTER 19244 10/28/99 000122 DUNCAN INDUSTRIES 19245 10/28/99 009810 DAVID EPPERLY 19246 10/28/99 001294 EXECUTIVE -SUITE SERVICE 19247 10/28/99 003169 STEVE FILLMAN 19248 10/28/99 009807 JEANETTE GROLLMAN 19249 10/28/99 000015 GTE CALIFORNIA, INCORPO CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION BATTERIES PURCHASED/OCT 99 NETWORK EQUIPMENT PURCHASE ELECTRONIC METER CASH KEYS CITATION REFUND JANITORIAL SERVICES/SEPT 99 JANITORIAL SERVICES/SEPT 99 JANITORIAL SERVICE/SEPT 99 JANITORIAL SERVICES/SEPT 99 JANITORIAL SERVICES/SEPT 99 JANITORIAL SERVICES/SEPT 99 JANITORIAL SERVICES/SEPT 99 INSTRUCTOR PAYMENT/FALL 99 CLASS REFUND PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 FAX CHARGES/AUG 99 FAX CHARGES/AUG 99 FAX CHARGES/AUG 99 FAX CHARGES/AUG 99 FAX CHARGES/SEPT 99 FAX CHARGES/SEPT 99 FAX CHARGES/SEPT 99 FAX CHARGES/SEPT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 tLi ACCOUNT NUMBER 110-3302-4309 715-1206-5401 715-3302-5499 110-3302 001-4204-4201 001-4204-4201 001-4204-4201 001-4204-4201 001-4204-4201 001-4204-4201 001-4204-4201 001-4601-4221 001-2111 001-2101-4304 715-1206-4304 110-3302-4304 001-2101-4304 001-4204-4321 001-2201-4304 001-4601-4304 001-4202-4304 001-4201-4304 110-1204-4304 001-1101-4304 001-1121-4304 001-1202-4304 001-1203-4304 001-1101-4304 001-1121-4304 001-1202-4304 001-1203-4304 001-4601-4304 001-1121-4304 001-1131-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 715-1206-4304 001-1208-4304 001-2101-4304 001-2201-4304 001-4101-4304 ITEM AMOUNT 113.60 167.99 2,841.56 50.00 1,200.00 750.00 950.00 290.00 365.00 3,370.00 325.00 1,078.00 35.00 244.64 307.67 69.84 1,542.68 60.11 268.60 99.61 137.90 80.23 37.70 6.94 2.58 17.25 7.09 6.99 15.16 7.47 7.10 149.38 8.93 2.23 4.46 35.70 37.93 87.03 55.79 58.02 4.46 673.90 285.63 40.17 PAGE 4 CHECK AMOUNT 216.87 167.99 2,841.56 50.00 7,250.00 1,078.00 35.00 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • • 19251 10/28/99 006354 HARDING LAWSON ASSOCIAT 19252 10/28/99 002102 HARRIS & ASSOCIATES 19253 10/28/99 006518 HAYER CONSULTANTS, INC. 19254 10/28/99 000065 HERMOSA BEACH CAR WASH 19255 10/28/99 009130 DENNIS HRBOKA CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 PHONE BILLING/OCT 99 FINAL PAYMENT ON PIER PROJECT CONTRACT ADMIN/PK STRUCTURE TEMP BUILDING INSPECT/10/4-14 CAR CAR CAR CAR CAR CAR CAR CAR CAR CAR CAR CAR CAR CAR WASH SERVICES/8/4-8/23/99 WASH SERVICES/8/4-8/23/99 WASH SERVICES/8/24-9/16/99 WASH SERVICES/8/24-9/16/99 WASH SERVICES/8/24-9/16/99 WASH SERVICES/8/24-9/16/99 WASH SERVICES/9/17-10/4/99 WASH SERVICES/9/17-10/4/99 WASH SERVICES/9/17-10/4/99 WASH SERVICES/9/17-10/4/99 WASH SERVICES/9/17-10/4/99 WASH SERVICES/10/4-10/13 WASH SERVICES/10/4-10/13 WASH SERVICES/10/4-10/13 1ST PAYMENT SOFTBALL DIRECTOR 19256 10/28/99 006697 HYDRO TEK SYSTEMS, INC. PRESSURE WASHER/OCT 99 19257 10/28/99 000796 CITY OF INGLEWOOD 19258 10/28/99 009059 YOLANTA M. LEONAKIS COMPUTER TRAINING/DOMINGUEZ COMPUTER TRAINING/CAVES COMPUTER TRAINING/WATKINS COMPUTER TRAINING/HALL COMPUTER TRAINING/MCNAMARA INSTRUCTOR PAYMENT/FALL 99 19259 10/28/99 002175 LIEBERT, CASSIDY & FRIE LEGAL BILLING/SEPT 99 19260 10/28/99 007236 LITTLE CO. OF MARY 19261 10/28/99 007701 GLENN MAPLES 19262 10/28/99 007564 RUTH MILLER FIRST AID/EMPLOYEE PER DEIM/CPPA CONFERENCE REIMBURS PREPAYMENT OF HOTEL MILEAGE REIMBURS/CLEARS CONF.L 19263 10/28/99 009809 MILUSKA McINERNEY REIMBURSMENT OF IMPOUND FEE 15 ACCOUNT NUMBER 001-4201-4304 001-4202-4304 001-4601-4304 110-1204-4304 110-3302-4304 001-2101-4304 001-2101-4304 121-2020 121-8624-4201 001-4201-4201 715-2101-4311 715-3302-4311 715-2101-4311 715-4601-4311 715-3302-4311 715-4202-4311 715-2101-4311 - 715-4601-4311 715-3302-4311 715-4201-4311 715-4202-4311 715-4202-4311 715-3302-4311 715-2101-4311 001-4601-4221' 715-3102-4311 001-1202-4317 001-1202-4317 110-1204-4317 110-1204-4317 110-1204-4317 001-4601-4221 001-1203-4201 001-1203-4320 110-3302-4317 110-3302-4317 001-2101-4317 001-3841 ITEM AMOUNT 64.71 450.75 256.62 44.63 120.50 34.90 221.15 17,330.00 20,157.13 2,720.00 198.35 19.80 158.40 4.95 19.80 4.95 153.45 4.95 24.75 9.90 4.95 4.95 9.90 84.15 428.75 258.49 50.00 50.00 50.00 50.00 50.00 100.80 2,829.55 155.00 200.00 231.00 66.34 41.00 PAGE 5 CHECK AMOUNT 5,556.45 17,330.00 20,157.13 2,720.00 703.25 428.75 258.49 250.00 100.80 2,829.55 155.00 431.00 66.34 41.00 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME 19264 10/28/99 000522 KIM MITCHELL • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ADVANCED DISABILITY/OCT 99 19265 10/28/99 002954 ORANGE CO SHERIFF'S DEP TUITION/GILL/POST CLASS 19266 10/28/99 009776 BRUCE PEROVICH 19267 10/28/99 009713 PIMA CORPORATION 19268 10/28/99 009145 POINTE WEST 19269 10/28/99 003991 BARRY REED 19270 10/28/99 009806 RESORT AT SQUAW CREEK 19271 10/28/99 009813 SHAW & SONS 19272 10/28/99 009811 SIGLER FOR CITY COUNCIL 19273 10/28/99 009353 SKYHAWKS SPORTS ACADEMY 19274 10/28/99 000343 SO CAL ASSOCIATION OF G 19275 10/28/99 003749 SOIL DANCER 19276 10/28/99 007704 SOUTH BAY YOUTH PROJECT 19277 10/28/99 000159 SOUTHERN CALIFORNIA EDI MR WIZARD MAGIC SHOW/10/30/99 REPLACE PAVEMENT & SIDEWALK BLADESCHOOL CLASSES/FALL 99 INSTRUCTOR PAYMENT/FALL 99 LODGING/MAPLES & BALVIN/CPPA PIER PLAZA COMPLETION WORK PIER PLAZA COMPLETION WORK RENTAL DEPOSIT REFUND INSTRUCTOR PAYMENT/FALL 99 ECONOMIC FORECAST CONFERENCE ECONOMIC FORECAST CONFERENCE PREPARE & ANALIZE SOIL/SO PARK 1999/2000 CONTRIBUTION ELECTRIC BILLING/AUG 99 ELECTRIC BILLING/SEPT 99 ELECTRIC BILLING/SEPT 99 ELECTRIC BILLING/SEPT 99 ELECTRIC BILLING/OCT 99 ELECTRIC BILLING/OCT 99 ELECTRIC BILLING/OCT 99 ELECTRIC BILLING/OCT 99 19278 10/28/99 000146 SPARKLETTS DRINKING WAT DISPENSER RENTAL/SEPT 99 19279 10/28/99 000364 STATE OF CALIFORNIA 19280 10/28/99 000870 URBAN LAND INSTITUTE 19281 10/28/99 009812 JEFF VANNINI 19282 10/28/99 003353 VISA FINGERPRINT APPS/SEPT 99 WORKSHOP/BLUMENFELD RENTAL DEPOSIT REFUND LUNCH MEETING/COUNCIL MEMBER LEAGUE OF CITIES/WILLIAMS 19283 10/28/99 006098 WONDRIES FLEET DIVISION 1999 CHEVY PATROL CAR PURCHASE 1999 CHEVY PATROL CAR PURCHASE 1999 CHEVY PATROL CAR PURCHASE 1(0 ACCOUNT NUMBER 001-2101-4180 001-2101-4312 001-4601-4201 001-4202-4201 001-4601-4221 001-4601-4221 110-3302-4317 105-8160-4201 305-8160-4201 001-2111 001-4601-4221 001-1201-4317 001-1202-4317 001-4202-4201 153-2106-4201 001-3104-4303 001-4204-4303 001-4202-4303 001-4202-4303 105-2601-4303 105-2601-4303 105-2601-4303 001-4202-4303 001-2201-4305 001-2101-4251 001-4101-4317 001-2111 001-1201-4317 001-4202-4317 715-2101-5403 715-2101-5403 715-2101-5403 ITEM AMOUNT 2,103.00 11.50 250.00 600.00 336.00 2,263.80 693.00 29,900.00 12,779.00 50.00 576.00 75.00 75.00 975.00 3,000.00 596.05 7,594.88 1,799.44 113.94 16.52 133.68 24.67 133.06- 2.50 126.00 550.00 55.00 26.34 295.00 24,784.92 24,784.92 24,784.92 PAGE 6 CHECK AMOUNT 2,103.00 11.50 250.00 600.00 336.00 2,263.80 693.00 42,679.00 50.00 576.00 150.00 975.00 3,000.00 10,146.12 2.50 126.00 550.00 55.00 321.34 74,354.76 VOUCHRE2 10/28/99 17:34 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • . CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 19284 10/28/99 005125 JOHN WORKMAN, PETTY CAS PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY 19285 10/28/99 004268 TRACY YATES CASH CASH CASH CASH CASH CASH CASH CASH CASH CASH REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 REIMBURS/10/11-25 EDUCATION REIMBURSEMENT/FALL EDUCATIONAL REIMBURS/FALL/WINT TOTAL CHECKS 17 ACCOUNT NUMBER 001-1121-4305 001-1201-4315 001-4202-4317 001-4101-4305 715-1206-4305 001-2101-4305 715-2101-4310 001-2101-4201 001-2101-4317 001-2201-4305 001-4601-4317 001-4601-4317 ITEM AMOUNT 30.29 20.00 10.00 43.51 164.52 30.93 6.00 60.00 15.20 6.17 66.98 61.55 PAGE 7 CHECK AMOUNT 386.62 128.53 237,280.07 • • VOUCHRE2 CITY OF HERMOSA BEACH 10/28/99 17:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 63,307.77 105 LIGHTG/LANDSCAPG DIST FUND 30,074.87 109 DOWNTOWN ENHANCEMENT FUND 6,250.00 110 PARKING FUND 3,256.46 121 PROP A OPEN SPACE FUND 37,487.13 153 SUPP LAW ENF SERV (SLESF) 3,000.00 160 SEWER FUND 1,464.97 305 LWR PIER ASSMNT DIST IMPR FUND 12,779.00 715 EQUIPMENT REPLACEMENT FUND 79,659.87 TOTAL 237,280.07 18 PAGE 8 VOUCHRE2 10/28/99 17:34 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON PAGES / TO INCLUSIVE, OF THE VOUCHER REGISTER FOR /OP - ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DATE 11 PAGE 9 • • November 2, 1999 Honorable Mayor and For the Meeting of Members of the City Council November 09, 1999 CANCELLATION OF CHECKS Please consider the following request for cancellation of the checks listed below: #19077 —10/14/99 - $ 5,786.74 Fleming & Assoc. Check was lost in the mail. #19123 — 10/20/99 - $ 60.00 Southern California Ready Mix Assoc. Vendor did not charge for seminar. #19183 — 10/21/99 - $ 120.00 MISAC City of Torrance. Issued to wrong vendor in error. Check was never mailed. #19215 — 10/21/99 -$ 501.75 John Workman. Check was made to the wrong vendor. Check was never mailed. Concur. fig I�I l Steph 47'.: cell, City ' anager orkman, City Treasurer Noted for fiscal impact: Viki Copeland, Finance Director • November 4, 1999 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 9, 1999 TENTATIVE FUTURE AGENDA ITEMS VGMBEh CANVASS OF VOTES AND INSTALLATION OF OFFICERS Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 2, 1999 Community. Resources Director Recommendation to approve City Council meeting schedule for 2000. City Manager GPA for permanent street closure of Ocean View Drive between 3rd & 4th Street east of PCH & Neg. Dec. Community Development Director Recommendation to receive and file action minutes from the Planning Commission meeting of November 16, 1999 Community Development Director Monthly Activity Reports for October, 1999 All Departments NOVEMBER X99 SPECIAL MEETING TO DISCUSS SPECIFIC PLAN CONCEPT FOR THE DOWNTOWN AREA ER14:1 Report from City Manager concerning budget ideas provided by Jim Lissner Ordinance amending miscellaneous sections of the Hermosa Beach Municipal Code City Manager City Attorney Recommendation to receive and file action minutes from the Planning Commission meeting of December 1, 1999 Community Development Director General Plan consistency with proposed walk -street vacations Monthly Activity Reports for November, 1999 Community Development Director All Departments DECEBEI NO MEETING • November 3, 1999 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council November 9, 1999 RECOMMENDATION TO DENY CLAIMS Recommendation: It is recommended that City Council deny the following claims and refer them to the City's Liability Claims Administrator: 1. Claimant : Gonzalez, Peter Date of Loss : 05-17-99 Date Filed: : 10-25-99 Allegation: : Injuries from trip and fall 2. Claimant . Covalt, Wendell L. Date of Loss : 08-22-99 Date Filed: : 11-03-99 Allegation: •Injuries from bicycle accident A copy of these claims are on file with the City Clerk's office. Respectf Ily Sulo i ted Co m cur: Michael A. Earl, Director Personnel & Risk Management ep en R. Burr -II City Manager ld CITY OF HERMOSA BEACH CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. Name of Claimant Peter Gonzalez RESERVE FOR FILING STAMP DEPT. NO. c�1w1 i/ di,3 far va I— Il- OCT2 5 1999 -71 oaiv m '1 mix d w«am awao 8. • \.jam Date Of Birth Of Claimant 3/17/61 Home Address Of Claimant 11915 Kling St. #11, Los Angeles,,CA 91607 Business Address of Claimant 5363 Alhambka Rd., Los Angeles, CA 90032 Give address and telephone number to which you desire notices or communications to be sent regarding this claim. Occupation of Claimant Carpenter Home Telephone Number (110.219-n4g7 Business Telephone Number Law Office of Marc I. Bloomenfeld 9454 Wilshire B1_,PH, Beverly Hills,CA 90212 Date of Damage/Loss/Injury May 17, 1999 ( ) Claimants Social Security No. 549-35-6780 Time 12:2 0 AM. P.M. Place of Damage/Loss/Injury Corner of sidewalk at I/S of First & Hermosa Ave Hermosa Bea h How did damage/loss/injury occur? (Be specific) Claimant sidewalk under constructinn/repair Yes No El Yes ❑ No El Were Police at scene? Were Paramedics at scene? tripped and fell in area of Report No. What particular act or omission do you claim caused the damage/loss/injury. Negligent maintanP1Ce control of public property includin• but not limited to failure inadequacy of warning of dangerous conditions; inadequate htin Name of City employee(s) causing the damage/loss/injury:Presently unknown . Pending further investigation. CITY OF HERMOSA BEACH CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be f lOd not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. RESERVE FOR FILING STAMP DEPT. NO. 303 / Name of Claimant WE/JOEL-L. L. Co✓ALT t LI) ��. NOVO"31999 it Cud / ,I Date Of Birth Of Claimant ZAN 3i/ Home Address Of Claimant 35i PA 5E0 DE 64-.Ac'.4 /.EGI lP6 &AcH, c,4 10297 Business Address of Claimant 5/1-/vIE Occupation of Claimant -RA opJL SOFTUJAZE S Toc KS Give address and telephone number to which you desire notices or communications to be sent regarding this claim. VANE Date of Damage/Loss/Injury AUG -u5 -r 2.Z /?r9 Home Telephone Number (aro) 79/—r86 Business Telephone Number ( ?10) 9V— 18'61 Claimants Social Security No. 03 —42.— 9937 Time i:/5- AM. '/'sAM. .M Place of Damage/Loss/Injury / 2 Soo ST/LfI/JD , i fgftn-105p $EA-cH How did damage/loss/injury occur? (Be specific) g is yc% 4i r e welled 10-P pavefrn P H 611 ST2Aru0 , 44i row�'ry Ovev '"ire ha le hike. - Yes ❑ No -f Yes ❑ No 23 Were Police at scene? Were Paramedics at scene? What particular act or omission do you claim caused the damage/loss/injury. %ticrc he paver.er7 Report No. a Loa/ 1L" 4 /2. feel- Ion. My+rre- 1,04 iv, fie . See plc -tures . Name of City employee(s) causing the damage/loss/injury: 11 The amount claimed, as of thate of presentation of this claim, is computed as follows: (please attach estimates/receipts) Damages incurred to date (exact): Estimated expenses for medical and hospital care Expenses for medical Future expenses for medical and and hospital care $ /0 C hospital care $ Loss of earnings $ 3, 006 Future loss of earnings $ Special damages for $ Other prospective special damages $ General damages $ 98 /7 Prospective general damages $ Total damages incurred to dateTotal estimate prospective $ 3203' 1 % damages $ 3, 2.03. r7 • • WITNESSES to DAMAGE or INJURY: UST ALL PERSONS and addresses of persons known to have information: 3757 78 Name Lei f CO het t r't Address 351 igetSeo Oe 1-t-acrq Phone 3/D-4R6E5' '/r P.c./Chic. 8eucAi C/I- Name PAYS' //-lel », Address One Cuir Ori've Po 04. f'57 Phone 203 - 925-6 800 S H EL7o/1', C/7 Name Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor V a • ('-crab! KRAAddress 73O 5. PRGIFl c G,Y(, Date of Treatment v/y. z7 i u fe 101 / (Ledondo /3iFc11 sept / 3 f{. Doctor Address 3 /0 -SyO- 33 CS Date of Treatment 7 V I'S 715 READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by X' and showing house number or distances to street corners. If City vehicle was involved, designate by letter 74' location of City vehicle when you first saw it, and by "El" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by 741' and location of yourself or your vehicle at the time of the accident by 8-1"and the point of impact by W. NOTE If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. 25 SKEIN ALK k;11/ efiNgibt NcY i o ✓i ttie cuRe PARKWAY SIDEWALK Signature of claimant or person filing on his behalf giving relationship to Claimant �(J t Typed�l,Name: // t/J v1451 e. 1 I L- - Co Vet G, Date: tJov.1/1777 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim Is a felony (Pen. Code Sec. 72) clfrmpg2 • September 8,1999 Honorable Mayor and Members of the Hermosa Beach City Council • // 9 99 Regular Meeting of November 9,1999 Fireworks Display Recommendation: Pending Fire Department approval, it is recommended that the City Council approve the use of fireworks for the New Years Eve celebration on Pier Plaza on December 31,1999, and to authorize the City Manager to sign the attached agreement. Analysis: On the evening of December 31,1999 to celebrate New Years Eve, Pyro Spectaculars Inc is proposing to fire off aerial shells from the Hermosa Beach Pier. Staff is requesting the Council approve the recommendation as stated and grant permission for the display. Ordinance No 96-1166 requires City Council Approval for all fireworks displays. Background: Pyro-Spectaculars Inc provided the fireworks display for the August 16,1997, Pier Plaza Grand Opening Celebration. They have proven to be knowledgeable, easy to work with and follow all current fire safety regulations. I Fiscal Impact: $15,000 allocated from Millennium Walkway Account # 001-2135 I Respectfully Submitted, ulian Ysais Fire Chief Concur: S en : urrell City Manager • • PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into this day of 199 , by and between PYRO SPECTACULARS, INC., a California corporation hereinafter referred to as "PYRO" and CITY OF HERMOSA BEACH hereinafter referred to as "PURCHASER. 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on December 31 ,1999 at Hermosa Beach Pier, Hermosa Beach 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitable DISPLAY SITE in which to stage the firework display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of FIFTEEN THOUSAND Dollars ($ 15,000.00 ). A deposit'of s__1750.00 must be paid upon signing agreement. Full final payment is due within ten (10) calendar days after date of the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after 10 days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reaason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1) 25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. (continued on reverse side) 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's p ^_ V damages. The foregoing represents a reaseple estimate of the damages PYRO will suffer 4FIRCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the firework display provided for herein, PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377. PURCHASER - 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this day of , 199 PYRO SPECTACULARS, INC. 4"- , Price firm through October 31, 1999. Title PRESIDENT Price includes full electronic firing. Purchaser to provide sound/ playback equipment and communica- , Title tion. PURCHASER • • October 27, 1999 Honorable Mayor and Members For the City Council Meeting of the City Council of November 9, 1999 ACCEPTANCE OF DONATIONS Recommended Action: It is recommended that the City Council accept the following donations given to the Community Resources department. Hermosa Beach Rotary Club - $350.00 Hermosa Beach Kiwanis Club - $300.00 Background: In October, 1999, the City received donations in the amount of $350.00 to be used for the annual Halloween Howl activity and in the amount of $300.00 to be used for the Halloween Howl activity and the Sand Snowman contest. Re pectfully submitted: Concur: Valerie Mohler Viki Copeland Accounting Supervisor h: user\valerie\donation.doc Finance Director 40 .i Stephen Burrell City Manager 1f • Monday, November 01, 1999 Honorable Mayor and Members of Regular meeting of The Hermosa Beach City Council November 9, 1999 PURCHASE OF PORTABLE RADIOS FOR THE POLICE DEPARTMENT RECOMMENDATION Staff recommends that Council: 1: Authorize the purchase of twenty-six (26) Motorola MTS2000 Portable Radios and accessories from the Motorola Corporation. BACKGROUND Currently the police department is using portable radios that are in excess of ten years old. While these radios have been very reliable, they are limited in their channel capacity and their frequency range. The new portable radios have a much greater channel capacity (12 versus 48 channels) and frequency range. (We will now be able to talk to Torrance Police) The MTS2000 portable radio is also being utilized by all neighboring South Bay police departments. The Motorola Corporation is a sole source vendor for this radio. Motorola does not allow any of its distributors to sell this radio as this time. City rules allow such a purchase under these conditions. The Police Department has been using Motorola radios for many years due to their quality and reliability. FISCAL IMPACT The funds required for the purchase of these radios has been budgeted in the Supplemental Law Enforcement Fund (C.O.P.S. - $35,000) and the Asset Forfeiture Fund ($15,564.56) for a total purchase price of $50,564.56. Motorola initiated a price increase for these radios on November 1, 1999 however at our request Motorola froze the price at the old rates. Respectfully submitted, ..frA-r-froz/L VAL STRASER, CHIEF OF POLICE HERMOSA BEACH POLICE DEPARTMENT Concur: CITY MANAGER L Viki Copeland, Finance Director 1 9 • • Motorola Radio Purchase for the Hermosa Beach Police Department 10-28-99 Qty. Model # Description Unit Price Total Price 26 HO1QX MTS2000 Port. Radio $ 1,166.88 $ 30,338.88 26 199H UHF 450-512MHz Model 1 $ 189.54 $ 4,928.04 26 H35 Software package $ 193.74 $ 5,037.24 26 H314 Swivel leather case 3.0 loop $ 32.00 $ 832.00 20 NTN7144 Ultra high capacity battery $ 86.00 $ 1,720.00 26 H885 Express Service plus maint. $ 36.00 $ 936.00 3 NTN1177 110v multi unit charger $ 541.25 $ 1,623.75 20 NMN6193 Remote speaker mic. $ 64.75 $ 1,?95.00 $ 46,710.91 Sale tax $ 3,853.65 Total: $ 50,564.56 • Honorable Mayor and Members of The Hermosa Beach City Council November 2, 1999 Regular Meeting of November 9, 1999 CIP PROJECT 98-621 PHASE II MUNICIPAL PIER ARCHITECTURAL UPGRADES — APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATES AND ADVERTISE FOR BIDS Recommendation: It is recommended that the City Council: 1. Approve the plans, specifications, estimates, order the work and call for bids; and 2. Instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Background: On April 27, 1999 Council approved an agreement with Concept Marine Associates, Inc. to prepare plans, specifications and estimates for Phase II Municipal Pier Architectural Upgrades. Concept Marine has completed the design and engineering work. The construction work will consist of deck surface repair work, work related to the installation of a new lighting system and safety railing along the pier and related work. The plans, specifications and estimates are available in the office of the Director of Public Works/City Engineer for review. Fiscal Impact: The Engineer's Estimate for construction is $1,314,867.00. Attachments: Project Location Map Respectfully submitted, Concur: Harold C. Williams, P.E. Step2k urrell Director of Public Works/City Engineer City Manager lh F/B95/pwfiles/ccitems/98-621 Phase II Approval of Plans, Specs & Estimates November 3, 1999 Honorable Mayor and Members of The Hermosa Beach City Council // 99 Regular Meeting of November 9, 1999 REQUEST FOR INFORMATION ABOUT BASIC SERVICES: ADELPHIA Recommendation Staff recommends that Council: 1. Adopt Ordinance #99-1195 authorizing the transfer of the Cable Television Franchise from Century Communications to Adelphia. 2. Receive and file this report. Background At the October 26 meeting, Council voted to delay the adoption of the Ordinance authorizing the transfer of the Franchise pending receipt of additional information about the basic service tier. Adelphia responded to Council's request for information with the attached letter. Analysis As indicated in the letter, Adelphia has represented that they do not intend to change channel line-up or rates for Basic service at this time. The FCC regulates rate increases for basic service and provides guidelines for re- structuring basic tiers. Fiscal Impact: None Respectfully submitted, Direc •r, Community Resources Concur: 11 Adelphia Lee A. Perron Vice President Corporate Affairs i► • November 2, 1999 Mary Rooney Community Resources Director City of Hermosa Beach 710 Pier Avenue Hermosa Beach, CA 90254 Dear Mary: RECEIVED NOV 3 1999 COMMUNITY RESOURCES DEPT. As we discussed, the following information is provided to clarify Adelphia's plans for Basic service in Southern California and more specifically the impact of the Adelphia transfer on Basic service in the City of Hermosa Beach. First and foremost I would like to state that the transfer of the Hermosa Beach cable television franchise will have no impact on the current channel line-up or rates for Basic service, equipment or hourly service charges associated with the installation and service of our products. Adelphia has had discussions with other local franchise authorities regarding the Basic service tier. We have had requests to provide a Lifeline Tier of service that would only include local broadcast signals, PEG (Public, Educational, and Government) channels and one or two additional channels that Adelphia would deem appropriate. In the implementation of such a tier, the rates for Basic service would also be reduced to reflect the reduced number of channels and existing federal guidelines for Basic service rates where such rates are regulated by the local franchising authority. We believe that the interest by some markets in such a tier is driven by the desire of the residents and existing demographic trends that indicate a lower priced tier of lifeline services would be advantageous. Adelphia has agreed to implement such a tier in several cities in an effort to build a positive working relationship and respond to the individual needs of our customers. On the other hand, we find some markets are satisfied with the larger Basic tier that includes a greater number of channels (including many popular satellite channels) and have not experienced a growing demand for a lower priced Lifeline Tier of service. Once again, there are no plans to change the current Basic channel line-up or its associated rates. Adelphia does recognize that market demand for products, bundling and pricing is a changing dynamic. With that in mind and if the City would so desire, we would be open to discussing with the City of Hermosa Beach a Lifeline Tier of service. Adelphia is listening very intently to the comments and questions from our local government officials in an effort to better understand how best to address the needs and interests of each of our franchise areas. Please contact my office if I may be of any further assistance. Lee A. Perron Vice President Corporate Affairs 2939 Nebraska Avenue Santa Monica, CA 90404 e-mail: 1perron@adelphia.net • • October 26, 1999 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council November 9, 1999 PROJECT NO. CIP 99-529 CLARK FIELD -BUILDING DEMOLITION - APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATES AND ADVERTISE FOR BIDS Recommendation: It is recommended that the City Council: 1. --Approve the plans, specifications, estimates, order the work and call for bids; and 2. Instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Background: On August 10, 1999, staff recommended that Council approve the plan, specifications and estimates requiring the contractor to provide all design and engineering services in addition to the demolition work. Council directed staff to prepare a request for proposal for design services in order to separate the design and demolition work. On September 28, 1999, Staff mailed out the Request for Proposals to nine (9) consulting firms. No proposals were received. Upon speaking with the various design firms, it was stated that the amount of work and liability for this project far outweighed the feasibility for bidding for the project. For these reasons, Staff recommends that Council approve the plans, specifications, and estimates and soliciting of bids. Fiscal Impact: The Engineer's estimate for demolition is $30,000. The current project budget for the various Clark Field Improvements is $157,000 as shown below: • $ 44,660 Fund 125 — Park and Recreation • $112,340 Fund 126 — 4% Utility Users Tax The Clark Field Building demolition project will be funded from the 4% Utility Users Tax Fund 126. There currently is a total budget of $112,340 in Fund 126 and upon the deduction of $50,000 for the Clark Field Building demolition project, there will be a lj • 111, remaining balance of ,340 in Fund 126 and $44,660 in tid 125. The remaining balance of $107,000 will be available to repair park retaining walls, replace lighting systems, fencing and perform necessary park painting. Attachment: Project Location Map Respectfully submitted, Concur: Keith C. Williams Harold C. Williams, P.E. Assistant Engineer Director of Public Works/City Engineer Noted For Fiscal Impact: Viki Copeland Finance Director City Manager Ste • --n R. Burrell F/B95/pwfiles/ccitems/99-529 Approval of Plans, Specs etc. 11-9-99 2 November 2, 1999 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council November 9, 1999 CIP 97-182 MYRTLE AVENUE UNDERGROUND UTILITY DISTRICT NO. 97-1 AND CIP 97-183 LOMA DRIVE UNDERGROUND UTILITY DISTRICT NO. 97-2 APPROVAL OF REQUEST FOR PROPOSALS FOR CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES Recommendation: It is recommended that the City Council approve the attached Request for Proposals and authorize staff to solicit proposals. Background: The services of a construction management consultant are needed to augment the construction management and inspection capability of the Public Works Department. Construction management and inspection of Public Works construction contracts is a time consuming and demanding task, at best. Good construction management and inspection are essential to protect the interest of the public by assuring timely completion of the project within budget and in accordance with construction documents. The services of a construction management team are needed to supplement the construction administration and inspection capacity of the Public Works office. The services will include the following: 1. Coordinate and attend construction meetings. 2. Coordinate with Southern California Edison and other utility companies. 3. Provide construction inspection to ensure that the contractors are in full compliance with construction documents. 4. Provide plant inspection, if necessary. 5. Prepare daily inspection reports and progress photos with weekly summary reports. Submit to City on a weekly basis. 1k • • 6. Provide videography (visual documentation) of site conditions before, during and after the construction. 7. Answer contractor's questions regarding community issues, design issues and review/monitor contractor's progress and schedule. 8. Evaluate progress payments and change order requests. 9. Conduct final job walk(s) and prepare "punch lists". 10. Recommend for final acceptance of project. 11. Maintain separate project construction records for both projects and prepare separate record drawings to be given to the City at the end of the projects. Fiscal Impact The current budget for each project has $10,000 set aside for construction inspection. Therefore, the budget for construction inspection is $20,000. Attachment: Request For Proposals Respectfully submitted, A),(,a j1--larold C. Williams, P.E. Director of Public Works/City Engineer Concur: Step en R. Burrell City Manager f/b95/piles/ccitems/97-182 & 97-183 Approval of R FP Const Admin 11-9-99 V' November 10, 1999 • City of2-1ermosaTeach.� Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 REQUEST FOR PROPOSALS FOR CIP 97-182 MYRTLE AVENUE UNDERGROUND UTILITY DISTRICT NO. 97-1 AND CIP 97-183 LOMA DRIVE UNDERGROUND UTILITY DISTRICT NO. 97-2 CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES INTRODUCTION The City of Hermosa Beach is seeking to retain the services of a qualified and experienced consultant firm or an individual to provide construction administration/inspection services for the above noted undergrounding projects. DESCRIPTION OF CONSTRUCTION WORK The work to be performed is generally described to include, but not be limited to: furnishing and constructing underground concrete structures, substructures, conduit with pull rope, trenching, backfill, pavement repair/replacement, striping and any Portland Cement Concrete sidewalk, curb, gutter, driveway repair/replacement and irrigation and landscape repair/replacement and doing all work involved in construction the various utility facilities, complete in place. SCOPE OF PROPOSED SERVICES 1. Coordinate and attend construction meetings. 2. Coordinate with Southern California Edison and other utility companies. 3. Provide construction inspection to ensure that the contractors are in full compliance with construction documents. 4. Provide plant inspection, if necessary. • 5. Prepare daily inspection reports and progress photos with weekly summary reports. Submit to the City on a weekly basis. 6. Provide videography (visual documentation) of site conditions before, during and after the construction. 7. Answer contractor's questions regarding community issues, design issues and review/monitor contractor's progress and schedule. 8. Evaluate progress payments and change order requests. 9. Conduct final job walk(s) and prepare "punch lists". 10. Recommend for final acceptance of project. 11. Maintain separate project construction records for both projects and prepare separate record drawings to be given to the City at the end of the projects. PROPOSAL CONTENTS The consultant's proposal must contain the following information and should be organized as follows: 1. Cover letter summarizing the proposal. 2. Statement of qualifications, including list of construction contract administration/inspection performed within the last three years. 3. Understanding of the City's needs. 4. Detailed work plans that itemize and describe each task to be completed for each project. 5. Resume of contract administration/inspection. 6. Project staffing and organization. 7. References (at least 3 shall be provided), along with contact names, addresses and telephone numbers. 8. Not -to -exceed figure and hourly billing rates for typical staff classifications and estimated cost for contract administration/inspection services for each project. Please state all assumptions upon which the estimates are based. THIS COST SHALL NOT BE INCLUDED IN THE SAME ENVELOPE CONTAINING THE PROPOSAL. 9. Other. This may include additional information about the firm, sample reports, outputs or pertinent insight about the contract administration/inspection being offered. . 2 • • SELECTION OF QUALIFIED CONSULTANT The City of Hermosa Beach shall select the consultant for this project based on a combination of factors, such as qualifications, past experience with similar projects, approach to this particular service, references, and consultant's cost effectiveness. There may be interviews of some or all consultants who submit proposal. The selected firm will enter into the City of Hermosa Beach Professional Services Agreement, as attached Exhibit "A". The City has the right to reject all proposals at any point in the selection process with no financial obligation to the consultants. PROPOSAL Consultants interested in responding to this Request for Proposals should submit a proposal based on the proposal contents section by 5:00 PM, Monday, December 20, 1999. The proposal should be double-spaced on 8 '/z" x 11" paper and should be organized as described in the proposal contents section of this RFP. The proposal shall be limited to 15 pages, excluding appendix materials, and in a three-ring binder with no laminated pages. Three (3) sets of the proposal shall be presented in a sealed envelope bearing the name, address, and telephone number of individual or entity submitting the proposal and shall be addressed to: HAROLD C. WILLIAMS, P.E. Director of Public Works/City Engineer City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254-3885 This envelope shall be clearly marked with the notation "DO NOT OPEN -PROPOSAL". If there are any questions regarding this RFP, please contact me at 310/318-0211. Very truly yours, Harold C. Williams, P.E Director of Public Works/City Engineer Attachment 3 F:/B95/PWFiles/RFP/97-182 & 97-183 Const Admin — Insp Services • • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of 1999, at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specification or the scope of work attached as Exhibit "A". ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal. Total expenditure made under this contract is for three years and shall not exceed the sum of $ . This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. 1 ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, do the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884. ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this Agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the City's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. 2 • • ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. 3 D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnit CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, sub- CONSULTANT's, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: 4 i. Automobile Liability Insurance with minimum coverage of $1,000,000 for property damage, $1,000,000 for injury to one person/single occurrence, and $2,000,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $2,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. iv. Professional Liability Insurance to cover or partially cover or partially cover damages that may be the result of errors, omission, or negligent acts of CONSULTANT. Such insurance shall be in an amount of not less than $1,000,000 per occurrence. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. The CITY, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance CONSULTANT shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. 5 ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent CONSULTANT. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONSULTANT MAYOR: City of Hermosa Beach ATTEST: Elaine Doerfling City Clerk APPROVED AS TO FORM: City Attorney 7 rbp/c/profagr3 • GL -e:/41. November 2, 1999 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council November 9, 1999 CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES — APPROVAL OF REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR DESIGN Recommendation: It is recommended that the City Council approve the attached Request for Proposals and authorize staff to solicit proposals. Background: On October 26, 1999, Council rejected all proposals for the design of CIP Project 98- 621 Phase III Municipal Pier Architectural Upgrades and directed staff to solicit additional proposals. The services of a consultant architect/engineer are needed to supplement the architectural/engineering capacity of the Public Works office. These services will include the preparation of detailed plans, specifications, cost estimates and other construction documents as required. Fiscal Impact The total FY 99-00 budget for this project is $1,340,441 for design, engineering and construction; therefore no additional appropriation is required. Attachment: Request For Proposals Respectfully submitted, • Concur: /arold C. Williams, P.E. Stepurrell Director of Public Works/City Engineer City Manager 1,1 f/b95/pwfiles/ccitems/98-621 Approval of RFP for Design Services 11-99 November 10, 1999 Subject: City of2-ier!nosarl3each. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 REQUEST FOR PROPOSALS FOR DESIGN SERVICES MUNICIPAL PIER ARCHITECTURAL UPGRADES AT PIER -HEAD Ladies and Gentlemen: The City of Hermosa Beach, acting through its Department of Public Works, is seeking to engage the services of an architectural/engineering team to provide design and engineering services for the redesign of the pier plaza area (pier -head), lifeguard building exterior facade, new locker and restroom facilities as well as other related infrastructure improvements. If your firm is interested in performing the above-mentioned services, please submit the information requested in the enclosed Request for Proposals (RFP). It will be necessary to complete the minimum information required, as outlined in Section 5 Submittals in the enclosed RFP. In addition, you should plan on attending the pre -proposal meeting scheduled for 2:00 p.m. on Wednesday, November 24, 1999 in the City Hall Council Chambers. Past experience in the design and engineering of architectural structures, landscaping and other related improvements in a beach environment will be given important consideration by the City in making a final selection. The price will also be an important factor in the selection process. If you have any questions, please call me at 310/318-0211. Thank you for your interest in the City of Hermosa Beach. Very truly yours, Harold C. Williams, P.E. Director of Public Works/City Engineer Enclosures F/b95/pwfiles/RFP/98-621 RFP Design Services Cvr Ltr * The City will retain all materials submitted. REQUEST FOR PROPOSALS FOR DESIGN SERVICES MUNICIPAL PIER ARCHITECTURAL UPGRADES PROJECT NO. CIP 98-621 November 10, 1999 City of Hermosa Beach Pubic Works Department 1315 Valley Drive Hermosa Beach, CA 90254 • • TABLE OF CONTENTS GENERAL PROJECT DESCRIPTION 1 BACKGROUND 1 DESIGN ENGINEERING SERVICES 2 QUALIFICATIONS 4 SUBMITTALS 4 ADDITIONAL CONSULTANT REQUIREMENTS 7 SELECTION PROCESS 7 CITY RESPONSIBILITIES 8 TENTATIVE PROJECT SCHEDULE 8 ISSUING OFFICE 8 PROPOSAL REJECTION 8 ACCEPTANCE OF CONTRACT 9 APPENDIX A: VICINITY MAPS AND CONCEPTUAL RENDERING (Attached) 2 • s REQUEST FOR PROPOSALS FOR DESIGN SERVICES MUNICIPAL PIER ARCHITECTURAL UPGRADES PROJECT NO. CIP 98-621 1. GENERAL PROJECT DESCRIPTION The City of Hermosa Beach, acting through the Public Works Department, is requesting proposals for the selection of a design architectural/engineering firm to prepare plans specifications and construction estimates for architectural upgrades to the municipal pier. (See Exhibit A for site location.) It is the intent of the City to select a consultant to furnish qualified architects, structural engineers, landscapes architects, irrigation specialists, engineers and all other related professionals with sufficient experience in a beach environment to prepare the required construction documents. The work will consist of but not be limited to: • Redesign of the pier plaza area incorporating the concepts delineated in the attached drawing • Design of improvement for the lifeguard building exterior facade • Design of new women's locker room facilities with secure access to main lifeguard building, additional storage and 911 equipment room • Design of public restroom facilities and public access stairs on north side of pier deck The City will assign a staff member to act in the capacity of program manager. Project funding will be provided by a combination of General Fund and County funds. The program budget is $1,116,244. The following information must be taken into consideration when preparing the proposal: • NO OBSTRUCTIONS OF OBSERVATION ROOM WILL BE ALLOWED. • Women's locker room is to be equal in size to the men's with regard to locker space, toilet space, sink space, shower space and laundry space. Must have secure access to facility from main building. 1 • Garage must be at least as large as existing one, including storage space, higher garage doors so all units will fit inside. Lifeguards will be housing LR100, Section 1, Area 15, 15-1, 15-2, IRB and PWC. A total of 5 vehicles and 2 watercraft. Lifeguards need at least the same garage door opening space so that any vehicle can be moved at any time during an emergency. Must have a regular door in case the garage doors fail. • Access to wash windows on all levels must be wide enough and safe enough for employees without visually obstructing railing. Windows are washed often, sometimes daily, depending upon the weather. That is why the ledges are on the current building. • Communications Room needs easy access for telephone company personnel. • Facility for power — currently in the existing garage. Driveway: vehicles must be able to turn out of the garage to head east down the driveway. If garage door faces south, a 90° turn will have to be made (LR100 has a poor turning radius). Vehicles will be travelling Code 3 (red lights and siren) down the driveway. Currently there is a building and a wall keeping the driveway clear of people. Private vehicles drive down the driveway as well as vehicles of repair personnel who need access close to the facilities and at the same time not block emergency vehicles. • Compound parking: Currently, 5-7 cars are kept in the compound/garage area. Summer months the compound/garage area and the parking lot on 11th Street are full, accommodating on duty personnel. There is a need for additional compound parking. • Water heater: relocate from roof of the building to new facilities. • Electrical main panel needs to be located above flood plane (currently below). • Caution with antennae and wind gauges. A lot of equipment necessary to the building's function is located on the roof of the building. The contract documents shall provide for the continuous operations of the existing utility and telecommunication services throughout the construction period. Both the 911 system and the services to the lifeguard building must remain active to the time of tie-in to relocated systems. Also, the pier lighting system and the electrical to the transformer at the end of the pier must remain active. 2 • u • 2. BACKGROUND This project is Phase III of a three-phase project that calls for the renovation of the pier. Phase III will include the plaza, lifeguard facilities and restroom improvements. Conceptual drawings are attached for your information. Larger scale color drawings are available for review in the office of the director of public works. Phase I, which called for the repair the pier structure was completed in May 1999. It is anticipated that Phase II which consist of deck surface repair work, work related to the installation of a new lighting system and safety railing along the pier will be complete in February 2000. To assist your firm in preparing your proposal, the City will meet with your representatives and review the project at a pre -proposal meeting at 2:00 p.m. on Wednesday, November 24, 1999 in the City Hall Council Chambers. The prime respondent is required to attend this meeting. All questions concerning the project must be submitted at least 24 hours prior to this meeting via mail or fax. Answers will be given at the pre -proposal meeting. The City will not respond to other inquiries. A cover letter is required to summarize salient points of the proposal. The letter shall guarantee that the firm will be committed to the continuity of design on the project by assuring that personnel changes will not occur without the City's written consent. 3. DESIGN ARCHITECTURAL/ENGINEERING SERVICES The selected consultant shall be responsible for coordination and timely submission from all disciplines and sub -consultants as necessary to provide the City a complete and thorough set of construction documents. The selected consultant will be responsible for all services offered in their proposals. The selected consultant shall employ a project manager who shall act as the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The consultant shall be responsible for obtaining City approval of all plans and provide all needed copies of contract documents for plan checks. The consultant is responsible to research and coordinate with utility companies and other agencies involved as required. The consultant shall respond to all directives from the City and/or its representative in a timely manner. The consultant services for this project shall be divided into the following phases: A. Schematic Design Phase - 30% (1) Review the attached conceptual drawings and incorporate the concept into your design. (2) Prepare comprehensive, schematic design drawings, ensuring architectural and aesthetic compatibility with the surrounding structures; outline specifications (all disciplines); building alternatives; and all on-site including but not limited to storm drains, sewers, water, and electrical improvements. Three alternative schematic designs are required. 3 (3) Provide all site survey and all soils investigation needed to design the project. Surveys and soil investigation reports shall be submitted to the City for review. (4) Provide value engineering recommendation and solutions for consideration. (5) Prepare a project budget to be approved by the City. As project proceeds, update and independently reconcile budget with the City. Submit project budget at 30%, 80% and 100% construction document submittals. (6) Submit project to City's Review Committee. Meet all requirements and obtain Committee's approval prior to proceeding. B. Design Development Phase - 80% (1) Develop the City -approved schematics to design development level. All disciplines are to be developed to the same degree of detail. Engineering calculations are to be submitted. (2) Design development documents shall accurately show all major building systems, on-site, and final concepts, including but not limited to lighting, security, and control systems requiring only minor alterations to bring them to the construction documents phase. Continue review/evaluation of codes, value engineering, and cost estimates as noted in Schematic Phase. (4) In addition, the utilities should be shown on the design development drawings for coordination with the appropriate utility agency. The architect/engineer shall attend any utility coordination meetings should they become necessary, and revise the drawings as required to meet the agency standards. (3) C. Construction Documents Phase - 100% (1) Produce complete documents for the City to advertise for bids. All original (Mylar) drawings and specifications shall be stamped and signed by California licensed architects and engineers. Drawings are to include landscaping and graphics/signage. (2) Submit all final engineering calculations to the City. (3) Coordinate with, and provide timely responses to, all review/approval agencies, plan check office, etc. (4) Assist the City in holding pre-bid meeting. (5) Respond to bidders' questions and clarify bid documents as necessary by , the timely issuance of clear addenda. (6) Once drawings are complete and approved, consultant shall provide the City with a set of erasable duplicate mylars (not sepia mylars) of all drawings for the record set. If drawings are prepared utilizing AutoCAD, a copy of all disks shall be provided use AutoCAD is preferred. 4 (7) Prepare construction bid documents in accordance with City approved construction budget. If lowest bid exceeds 10% of construction estimate furnished by consultant, consultant may be responsible for revising bid documents at no additional cost. D. Construction Support Phase (1) Provide field architectural/engineering assistance during construction as required by the City, including site visits, timely response to requests for information, revising documents as needed, and assistance in resolving issues as requested. Allow for ten (10) jobsite meetings. Attend monthly construction meetings throughout the entire construction phase of the project. Review and approve submittals and shop drawings. (2) (5) (6) (7) (8) Prepare technical documents for change orders. Respond to any requests for clarification from the City in a timely manner. The contractor shall supply a marked up set of As -Built plans at the finish of construction. It will be the consultant's responsibility to update the original plans with these as -built notes and provide mylars to the City. 4. QUALIFICATIONS A. The consultant must posses and demonstrate, as a minimum, the following qualifications, as well as any others which may be determined to be necessary and appropriate: (1) Previous experience (3 similar projects designed and built within the last five years) in providing complete design engineering services for the design of similar size and scope of this project. (2) Demonstrated experience in providing design architectural/engineering services to municipalities or county government and past performance in working closely with government staff and advisory bodies. Demonstrated qualifications of the lead project architect/engineer and assurance of his or her continual involvement in the project until its completion. (4) Regular and easy availability to City staff for day and evening meetings as required. Maintenance of offices and staff in close proximity to the City of Hermosa Beach. (6) The consultant will be required to certify that no member or employee of the firm is an officer, director, or employee of the City of Hermosa Beach. (3) (5) 5. SUBMITTALS A. Five (5) copies of the written proposal are required, with all copies having been signed by the individual (if a company) or the company official with the power to 5 bind the company in its proposal. The proposals, excluding resumes, must not exceed 20 — 8%" x 11" pages in a 3 -ring binder with no laminated pages. (1) Proposals shall be submitted to the Public Works Department, 1315 Valley Drive, Hermosa Beach, CA 90254, telephone (310) 318-0214, on or before 2:00 p.m., December 16, 1999. All late proposals shall be returned. B. A sealed envelope containing the proposed fees shall be submitted with the proposal. Consultant shall provide hourly rates for each personnel category that will provide the basis of payment for any additional work beyond the original scope of work. All fees and expenses relating to duplication cost, travel, telephone calls, office supplies and other incidents shall be included as part of the total fee and will not be invoiced separately. (1) All fees shall be broken down into the following categories: a. Schematic Design Phase b. Design Development Phase c. Construction Documents Phase d. Construction Support Phase (2) A breakdown of fee by type of plans is also required as follows: a. Architectural/Structural drawings (separate items for any sub - consultant) b. Civil Engineering drawings (on and off-site) - Landscaping and irrigation - Water - Sewer c. Graphics and signage d. Soils investigation (3) a. List of hourly rates C. Each proposal shall address the following: (1) General Information and Background: a. Firm name, address and telephone number. b. Nature of organization, i.e. individual, partnership, corporation, firm size, composition and number of years in business. c. Total number of professionals (architects, engineers, CAD operators and designers) in organization. d. Indicate address where work will be performed. If joint venture, indicate what work will be done by each firm and where it will be performed. Indicate where and how quality control and design 6 coordination will be performed. List projects (completed and current) where the same joint venture provided similar design services. e. Provide same information requested above for all sub -consultants to be used for each discipline noted below. If design and/or engineering is to be done by in-house staff, note names and experience of same. 1. Geological 2. Civil 3. Structural 4. Mechanical/Plumbing 5. Electrical 6. Landscape 7. Signage/Graphics 8. Specialty consultants such as security, lighting, etc. (2) History and Past Experience: a. Description of the firm's experience in designing structures located in a beach environment and related hardscape and landscape. b. Describe past performance on providing accurate drawings and specifications for all related disciplines with minimal change orders and clarifications. Submit a list of projects, including cost, construction duration and dollar amount of change orders. c. Provide a list of firms with which previously worked. Indicate dates, contact persons and telephone numbers. d. List all projects presently being designed and the expected design completion dates. Indicate the number of staff assigned to each project. (3) Project Approach a. Provide general statement and description of approach to the design, including anticipated use of staff, consultants, information gathering methods and liaison with City staff. b. State the proposed means of communication with sub -consultants, the City and the Project Manager. (4) Project Schedule Provide a complete project schedule identifying phases and projected completion dates. (5) Staffing Plans a. Provide a project organization chart showing key design staff, principles and sub -consultants. 7 b. Provide resumes of all key personnel and indicate separately the projects of a similar nature performed with this firm and projects of a similar nature performed with other firms. Indicate the position and responsibility the individual held on each project. Provide a short description of the work that will be done on this project and the estimated percentage of the individual's time that will be devoted to this project. Provide resumes of all other professional personnel who will work on this project, including sub -consultants. State the position and responsibility of each individual. (6) References a. Provide at least four (4) references for completed project of similar size and scope within the last five years, including owner's name, address, telephone number and specific contact person. b. Provide three (3) references on the specific lead engineer proposed for this project. Same information as required above (5a) is requested. (7) Disclosure Any information other than cost and price which the consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked: "Confidential -This data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offer or, or as a result of, or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source." (8) Method of Payment Payment to consultant shall be made monthly based on hourly rates and hours of services provided by each staff person. Invoices shall be submitted to the Associate Engineer of the Public Works Department for approval. Consultant's invoices shall include a breakdown of staff hours for each task and necessary backup documents for reimbursable items when applicable. The City will determine progress payments. (9) Regulations The selected consultant will be expected to comply with all applicable Federal and State regulations, local codes, and contract provisions. 8 • • 6. ADDITIONAL CONSULTANT REQUIREMENTS A. The Consultant shall comply with all State and Federal laws, as well as all County and Municipal Ordinances and Regulations which in any manner affect the performance of services pursuant to this Agreement, or persons employed by the Consultant. B. Consultant agrees that in the performance of the terms of this Agreement, no discrimination shall be made in the employment of persons because of race, color, national origin, ancestry, or religion of such persons. A violation of this provision will subject the Consultant to all of the penalties imposed by law. C. Consultant shall comply with ARTICLE XV, Insurance, of the Professional Services Agreement attached hereto as Attachment 2. D. Indemnification: Consultant shall comply with ARTICLE XIV, Indemnity, of the Professional Services Agreement attached hereto as Attachment 2 7. SELECTION PROCESS A. The information provided will be used to evaluate the qualifications of each proposing organization. B. A selection committee consisting of members of the Community Development, Planning and Building, and Public Works agencies will review all proposals received. These firms will then be rated by the committee. Following, the fee proposals for the highest rated firms will be opened. The ultimate consultant selection will be based upon both technical merit and cost competitiveness. C. The City reserves the right to reject any or all proposals submitted and is not liable for any pre -contractual expenses; (1) Pre -contractual expenses are defined as expenses incurred by the offer in: (a) Preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City on any matter related to this proposal; (d) any other expenses incurred (if any) by the offeror prior to date of award of the agreement. (2) The City shall not, in any event, be liable for any pre -contractual expenses incurred by the offeror. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. D. Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. 8. CITY RESPONSIBILITIES = In general, the City will be responsible for the following items: A. Provide plans of all existing City utilities and improvements that are available. B. Review of all specifications, including the front -in specifications developed by the design team. 9 C. Provide data in electronic form (if available). 9. TENTATIVE PROJECT SCHEDULE Release Requests for Proposals November 10, 1999 Pre -Proposals Meeting November 24, 1999 Proposals due December 16, 1999 Contract Award January 25, 2000 City Council Plan Approval. June 28, 2000 Bidding Process September 26, 2000 Construction Begins October 31, 2000 Construction Ends June 23, 2001 10. ISSUING OFFICE Hermosa Beach Department of Public Works, 1315 Valley Drive, Hermosa Beach, California 90254. Proposals shall be submitted to this issuing office to the attention of the City Engineer. 11. PROPOSAL REJECTION The City reserves the right to reject any or all proposals. If such decision is made, the City shall not be liable for any pre -contractual expenses. Pre -contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City any matter related to this proposal (d) any other expenses incurred by offeror prior to date of award, if any, of the agreement. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. 12. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultant shall become a contract obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accrued by the City as a result of a failure to contract may be recovered form the consultant. A copy of the City's sample agreement for consulting services is included for the proposal's information. F/b95/pwfiles/RFP/98-621 RFP Design Services Municipal Pier Upgrades 10 Project No CIP 98-621 Municipaler Renovation Mase III Architectural Up�ades LO N C) N HERMOSA -4 Project Location -4 AVE. • l II Project Location Map NTS ATTACHMENT 1 N SAT ELLIT MAX AND IIIMI PB CA NDELA•SuRFAC I WA It. MOUNTI D .....,... P CAM' RINI .11 PAIN NV 1.0.• YILGI HERMOSA BEACH PIER PLAZA NORTH ELEVATION ATTACHMENT 2 1 OF 4 to "t^s t. r y vas^T`d ATTACHMENT 2 nr 4 T-TT7R11400A 12T AOTT 'MVP TIT t7A BANNER CONCRETE WHALE @ TOT SAND PLAY AREA PALMS -SEE PLAN r. ••Jr • .4, • ' ‘4.111,P • 4." • LOUVERS CONCRETE ROOF TILE CONCRETE DOLPHIN CARYATIDS GALV. STEEL GATE - PAINT • PERIODIC SPRAY FROM WHALES BLOW HOLE ATTACHMENT 2 3 OF 4 • HERMOSA BEACH PIER PLAZA PIER APPROACH CONCRETE STEPS PIER UP LIFEGUARD HEADQUARTERS RAMP UP 3 WOMENS • MEN LOCKER ROOM _.4 WOMEN OVERVIEW' • LIFECUARD ACCESS DRIVE BLOW HOLE _. CONCRETE WHALE AND DOLPITINS VEHICLE RAMP -- ATTACHMENT 2 40F4 PLAZA DECK. CONCRETE. WITH GRANITE INLAY HERMOSA BEACH PIER PLAZA PLAN LAYOUT ATTACHMENT 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, herinafter called the CITY, and , hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specification or the scope of work attached as Exhibit "A". ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal. Total expenditure made under this contract shall not exceed the sum of $ This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, do the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884. 1 ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties 2 ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act 3 of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. 4 1 • B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. 5 • • ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied - herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONSULTANT MAYOR: Mayor -City of Hermosa Beach ATTEST: Elaine Doerfling-City Clerk APPROVED AS TO FORM: City Attorney 6 f/B95/pwfiles/PSA Master Honorable Mayor and Members of the Hermosa Beach City Council 9-9 November 1, 1999 Regular Meeting of November 9, 1999 SANITARY SEWER MAINTENANCE AND VIDEO INSPECTION - AWARD CONTRACT Recommendation: It is recommended that the City Council: 1. Award contract for sanitary sewer maintenance and video inspection to Empire Pipe Cleaning and Equipment, Inc. in the amount of $230,170 for three years; and 2. Authorize the Director of Public Works to make changes to the contract amount not to exceed $23,017. Background: The City has employed sewer maintenance contractors to clean and video the City's sanitary sewer system as a preventive maintenance strategy for the past six years. This prolongs the life of our sewer system and greatly reduces the damage to private and public property that can occur during sewer blockages and overflows. The FY 99-00 budget includes funding for a sewer maintenance contract. Analysis: The Public Works Department sent the Request for Proposals to seven qualified and interested sewer maintenance contractors. In addition, advertisements were placed in The Easy Reader, in "Construction Market Daily" and FW Dodge (The Green Sheet) — both construction periodicals. On October 28, 1999, four bids received in the City Clerk's office were opened and publicly read aloud. The results were as follows: COMPANY 1ST YEAR 2ND YEAR 3R0 YEAR TOTAL Empire Pipe Cleaning, Orange, CA $ 82,670 $ 73,000 $ 74,500 $230,170 Hoffman Southwest Pro Pipe, Anaheim, CA $ 85,550 $ 81,150 $ 81,150 $247,850 California Street Maintenance, Gardena, CA $ 118,050 $ 110,900 $116,250 $345,200 United Pumping Service, City of Industry, CA $ 136,950 $ 136,950 $128,750 $402,650 While all bidders are qualified, the low bidder, Empire Pile Cleaning & Equipment, .Inc., has been performing this service for the City for the past three years. The company's crews are familiar with the City sewer system and this is a critical aspect of doing preventive maintenance. Their current three-year bid is actually lower (by approximately $4,400) than the previous three-year contract. Fiscal Impact: The budget for FY 99-00 has $82,000 allocated for the Sewer Maintenance Contract. Alternatives: 1. Accept Staff recommendation to award bid. 2. Direct Staff to re -bid item. Attachments: Professional Services Agreement Respectfully submitted, Concur: Michael Flaherty Public Works Superintendent Director of Public Works/City Engineer ,a L• /Harold C. Williams, P.E. Noted for Fiscal Impact: ij Viki Copeland Concur: Step en ' . Burrell Finance Director City Manager • • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of 1999, at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and Empire Pipe Cleaning & Equipment, Inc., hereinafter called the CONTRACTOR. WITNESSETH: That the CONTRACTOR for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONTRACTOR shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specification or the scope of work attached as Exhibit "A". ARTICLE II - Costs The CITY agrees to pay CONTRACTOR for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal. Total expenditure made under this contract is for three years and shall not exceed the sum of $230,170. This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONTRACTOR. The CONTRACTOR will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal - Procurement Regulations. 1 ARTICLE III - Method of Payment CONTRACTOR shall be reimbursed monthly in arrears based upon the hourly services provided. CONTRACTOR shall submit invoices in triplicate and addressed to the CITY, do the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884. ARTICLE IV - Subcontracting CONTRACTOR shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONTRACTOR shall commence work under this agreement upon execution of this Agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the City's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONTRACTOR must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONTRACTOR's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONTRACTOR. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONTRACTOR shall not assign or transfer interest in this contract without the prior written consent of the CITY. 2 . • ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Non -Solicitation Clause The CONTRACTOR warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONTRACTOR agrees as follows: A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONTRACTOR will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. 3 D. In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnity CONTRACTOR agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONTRACTOR, its agents, employees, subcontractors, or invitees, provided for herein. CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONTRACTOR will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONTRACTOR for such damages or other claims arising out of or in connection with the sole negligence of CONTRACTOR hereunder, CONTRACTOR agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONTRACTOR'S obligations arising under ARTICLE XIV - Indemnity , CONTRACTOR shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONTRACTOR, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: 4 i. Automobile Liability. Insurance with minimum coverage of $1,000,000 for property damage, $1,000,000 for injury to one person/single occurrence, and $2,000,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S actions under this Agreement, whether or not done by CONTRACTOR or anyone directly or indirectly employed by CONTRACTOR. Such insurance shall have a combined single limit of not less than $2,000,000. iii. Worker's Compensation Insurance for all CONTRACTOR'S employees to the extent required by the State of California. iv. Professional Liability Insurance to cover or partially cover or partially cover damages that may be the result of errors, omission, or negligent acts of CONTRACTOR. Such insurance shall be in an amount of not less than $1,000,000 per occurrence. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. CITY, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance CONTRACTOR shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONTRACTOR to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONTRACTOR'S expense. 5 • ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONTRACTOR The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this . Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. 6 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONTRACTOR MAYOR: City of Hermosa Beach ATTEST: Elaine Doerfling City Clerk APPROVED AS TO FORM: City Attorney 7 rbp/c/profag r3 SCOPE OF WORK I. CLEANING REQUIREMENTS, TRAFFIC CONTROL, CONTRACTOR EMPLOYEE ATTIRE, WATER SUPPLY A. CLEANING REQUIREMENTS All sewer lines shall be light cleaned unless the line needs additional cleaning. Designated City personnel shall authorize the additional cleaning (medium or heavy cleaning). The Contractor shall clean all sections of sewer mains for the purpose of system maintenance to the satisfaction of the City inspection personnel. The Contractor shall cut interfering roots and other built up material/debris and remove them out of the line entirely. The Contractor shall clean and vacuum all manholes. Upon the City's request, the Contractor shall use herbicidal foaming for sewer line root control. The Contractor at the minimum shall clean 10,000 L.F. of sewer pipe every month. There are approximately 177,826 linear feet of sewer mains. Separate bids are required for, light, medium and heavy cleaning of all pipes. Light cleaning: 2-3 passes with Hydrojet, in come cases rodding may be acceptable Medium cleaning: 4-5 passes with Hydrojet or one pass with root saw Heavy cleaning: 6 or more passes with Hydrojet or 2 or more passes with root saw Contractor shall provide all necessary personnel, instruments, equipment and materials to perform the described services including a cellular phone for his/her operator. The Contractor must be accessible at the work site at all times. The Contractor shall attend one meeting per week with City staff to discuss project progress and submit the next week's schedule. _ The Contractor shall report to the City Yard on every working day between 7:30 - 8:00 AM to verify the work areas. Any variation from the proposed schedule shall be reported the City immediately. 3 EXHIBIT A • S B. TRAFFIC CONTROL Traffic control shall be the responsibility of the Contractor and shall conform to the latest edition of the Work Area Traffic Control Handbook (WATCH). All lane closure permits for Pacific Coast Highway shall be obtained through Caltrans. The Contractor shall provide all cones, barriers and warning devices necessary for proper traffic control. C. CONTRACTOR'S EMPLOYEE ATTIRE The Contractor shall require each of his/her employees to adhere to a basic .standard of working attire. This standard is to be a clean uniform with the Contractor's company name or logo, proper shoes and other gear as required by State Safety Regulations. The Contractor's employees must have OSHA orange shirts or vests as part of their outer clothing while working in the public right-of- way. This includes streets and sidewalks. Yellow rain jackets are acceptable during inclement weather. D. WATER SUPPLY The Contractor must obtain a water meter from California Water Service. The Contractor is responsible for providing water and payment of the water supply. Local fire hydrants may be used for water fill -ups. II. SEWER MAINTENANCE AND VIDEO INSPECTION CCTV INSPECTION The Contractor shall, upon request, televise in color the City of Hermosa Beach Sewer Main System within the City limits. Television inspection shall be on a priority basis. The City will supply the locations of the sewer mains and sewer manholes. The City reserves the right to make changes in the priorities of the locations to be televised and agrees that these changes shall not exceed 20% of the locations shown. The Contractor shall clean all sections of sewer main prior to television inspection in order to televise the line completely and to the satisfaction of the City inspection personnel. The Contractor shall cut interfering roots and other lodged material/debris, but shall not be expected to repair or replace sewer lines with mechanical offsets or physical failure. The Contractor is responsible for removal of all debris, sand, roots or any other materials from the pipelines before entering the pump stations. Removed materials shall be hauled and disposed of by the Contractor with no additional cost to the City as 4 • • part of this contract. If stringing method is used, the string lines shall be removed upon completion of the video _inspection. The City will allow overnight parking at the request of the Contractor. The Contractor shall furnish all equipment, materials, manpower and safety equipment in order to complete the job in a safe and workmanlike manner. The lines shall be televised with color, closed-circuit equipment and recorded on standard VHS equipment and shall be accompanied by an audio narration of the inspection performed by the television inspection operator. The Contractor shall be prepared to televise any size pipe (6" - 24") with dead end lines, and lines with "clean out" sweeps•at the end. The Contractor shall take extreme care in not allowing any material to flow down stream during a cleaning routine. All material must be vacuumed up. The Contractor may percolate all liquids into a county main. The Contractor is responsible for removing all solids to a proper disposal site at the contractor's expense. The Contractor shall clean and pressure wash all manholes including the sides, bottoms and inverts. A. Requirements The services to be provided will include the inspection and documentation of all sewer lines throughout the City. These lines are to be inspected using a video (closed circuit television) camera meeting the specifications of the City. During the inspection, the following data is to be collected 1. Size and type of pipe; 2. Facility number, manhole numbers, and above ground location; 3. Overall Length, with the color picture to show running footage on the screen. Linear measurement through pipes must be accurate to +1- 1 percent. Also displayed on monitor shall be date of inspection and a continuous forward and reverse read-out of camera distance from the access hole of reference; 4. Condition of the pipe using defect codes and type of defects outlined in the City's "Video Camera Inspection" manual; 5. The exact location of all defects observed; 6. Location, type and size of any potential undocumented corrections; 5 • • 7. Location and/or source of any potential illegal discharges or chemical contaminant; 8. Miscellaneous information including date, time, operator, weather, flow direction, camera direction, tape number, etc.; and 9. Protruding lateral shall be cut or ground off providing free passage for the camera. All data collected shall be presented to the City in a final report typed and . formatted in a manner acceptable to the City. B. Camera Specifications At a minimum, all camera equipment shall consist of self-contained, closed-circuit television camera combined with an "in-line" solid state, color video camera, and a monitoring unit connected by a coaxial cable. The unit shall be fully waterproof and shall have a self-contained lighting system capable of providing a clear monitor picture, and lighting the periphery of the pipe of a minimum illumination level of 100 foot-candles. Changeable lighting fixtures may be required to achieve proper illumination since the pipe size varies. The camera must also have a rotating lens to provide 360 -degree pictures of joints or other areas of the pipe. C. Recording Equipment Recording equipment shall be provided in an enclosed vehicle suitable to record from the video camera the entire inspection on color video tape, Super VHS (1/2" format), complete with data input for titles, reference numbers, defects, connections, and continuous display of distance from the initial pipe entrance location. All video tapes shall become the property of the City. The video tape shall be of quality that all minor defects (hairline cracks, etc.) are clearly visible and the color of the pipe inspected be true to actual conditions. A monitor located on site shall provide a clear color picture of sufficient size and clarity to be easily readable by the Contractor, and it shall clearly define the details of the interior of the storm drain. The picture quality on the monitor shall provide a continuous 400 - line resolution video picture. Technicians with proven experience shall perform the television inspection, monitoring and recording and the Contractor shall, if requested, furnish qualification details for each technician. The camera shall be moved through the lines in either direction at a moderate rate, stopping when necessary to permit proper.documentation of the sewer's condition. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation 6 _• • _ of the sewer conditions shall be used to move the camera through the sewer line. If, during the inspection operation, the television camera will not pass through the entire manhole section, the contractor shall set up his equipment so that the inspection can be performed from the opposite manhole. During inspection, the monitoring technician shall, in addition to his/her audio and video tape record of conditions, report in writing the location of all defects and physical deficiencies using the terminology and nomenclature as provided by the City, manholes, junction and transition structures, laterals (noting if lateral is shown on the plans), all indicated infiltration's, unusual debris, exfiltration, swales, • deflected joints, collapsed sections, deposits and other conditions or data pertinent to the physical condition of the sewer lines. Conditions and defects shall be located by footage counter and video clock reference. Contractor's proposed report shall be approved by the City prior to commencement of work. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual or uncommon to a storm drain in good condition. There shall be no loss of video quality at any time. As video is being produced, the technician shall provide and record an audio narration of the inspection (on the video tape), to include identification of the sanitary sewer location, identification of starting and terminating access manholes, inspection direction, and complete descriptions of the line conditions as they are encountered. The audio portion of the video tape shall be free from electrical interference and background noise; Audio dubbing after the inspection will not be permitted. If the camera cannot pass the entire sewer line from its starting direction, due to blockage, the reach shall be inspected as far as possible from both directions. The inspection reports for the reach shall include an identification of the location of the blockage. The Contractor shall notify the City staff immediately of any such obstruction so that it may be verified and /or repaired. The Contractor shall coordinate and cooperate with City forces when clearing blockages or making repairs becomes necessary. Video tapes showing debris on the lens, condensation, poor or out of focus images, poor audio, or otherwise poor image quality shall be cause for rejection and will necessitate re -televising at the Contractor's expense. The City reserves the right to reject any video tape which in its sole judgment is not of acceptable quality. After cleaning, the manhole sections shall be visually inspected by means of closed-circuit television. The inspection will be done one manhole section at a time and the flow in the section being inspected will be suitably controlled as specified (see SEWER FLOW CONTROL). • When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communication shall be set up between the two manholes of the section being inspected to insure good communications between members of the crew. The importance of accurate distance measurements is emphasized. Measurement for location of defects shall be above ground by means of a meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Owner's Representative. D': Sewer Flow Control 1. When sewer line depth of flow at the upstream manhole of the manhole section being worked on is sagging or above the maximum allowable for television inspection, joint testing and or sealing, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow, or by pumping and bypassing of the flow as specified. 2. Depth of flow shall not exceed that shown below for the respective pipe sizes as measured in the manhole when performing television inspection, joint testing and/or sealing. a. Maximum Depth of Flow................Television Inspection 6" - 10" Pipe ...........................20% of pipe diameter 12" - 24" Pipe ...........................25% of pipe diameter b. Maximum Depth of Flow......... ..... Joint Testing/Sealing 6" - 12" Pipe ............................25% of pipe diameter 15" - 24" Pipe ...........................30% of pipe diameter 3. Plugging or blocking: A sewer line plug shall be inserted into the line upstream of the section being worked. The plug shall be so designed that all or any portion of the sewage can be released. During TV inspection, testing and sealing operations, flow shall be reduced to within the limits specified above. After the work has been completed, flow shall be restored to normal. 8 4. Pumping and Bypassing: When pumping and bypassing is required the Contractor shall supply the pumps, conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during a rainstorm. The Contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. If pumping is required on a 24-hour basis, engines shall be equipped in a manner to keep noise to a minimum. 5. Flow Control Precautions: When flow in a sewer line is plugged blocked, or bypassed; sufficient precautions must be taken to protect the sewer lines from damage that might result from sewer surcharging. Further, precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property being serviced by the sewers involved. E. Quality Assurance Random weekly viewing of video tapes will be conducted by the City during the inspection work to ensure that all documentation items (i.e., defects, connections) required are being noted. If it is determined that the Contractor's inspection log is incomplete or inaccurate, or if the clarity or lighting of the video is unacceptable, the Contractor will be required to re -inspect the pipe at no cost to the City. F. Deliverables Contractor shall submit video tape and written typed reports summarizing all defects and conditions specified above. The tapes and reports shall be submitted on the Monday of each week for the work completed the previous week. 1. All video tapes shall be labeled (on the cassette and also on the cassette storage carton) with the following information: a. Tape Number b. Date of Inspection c. Name of Contractor d. Pipe Size and Material e. Number and Street or Intersection Location of Upstream Access Manhole 9 f. Number and Street Intersection Location of Downstream Access Manhole. g. Name of Sewer Facility 2. Written reports shall contain all of the following information: a. Date and Time of Inspection b. Name of Contractor c. Names of Operating Technician/Inspector d. Pipe Size and Material and Length e. Street or Intersection Location of Upstream Access Manhole f. Street or Intersection Location of Downstream Access Manhole g. Direction of Inspection and Videotaping Tape Number h. Observations, Comments, Recommendations and All Service Lateral Locations Including Laterals Not Shown on Plans (undocumented) Referenced to Footage Counter and Video Clock Number i. The Condition of all Connections (documented and undocumented) j. Name of Sewer Facility k. Corresponding Tape Number Sewer video inspection log shall be approved by the City Engineer prior to commencement of work. Upon completion, typed log sheets with all observations listed and tapes shall be delivered to the City. These log sheets shall include, but not be limited to, the nearest intersection/street address location, the corresponding downstream manhole number, the total length of pipe televised, the date of inspection, the general direction of travel of the camera, the ground cover surface material, the pipe material, diameter, and section length, and the video tape counter number. In addition, the log sheets shall contain a continuous tracking of pipe length with recordation of service connections and their location in the main line in relation to the manhole from which the line is televised and a qualified and quantified description of all observations within the pipe. The observations shall include, but not be limited to, the sample definitions shown below. In addition to the audio narration and log sheets, the Contractor shall provide a summary highlighting the more severe areas of the sewer mains and storm 10 • • drains within the project area. The highlighted areas shall be referenced according to the reference numbers listed below. The summary shall also include all root intrusions within the sewer main and lateral connections. Defect Name SANITARY SEWER DEFECTS Defect Type Reference Number Circumferential Crack Structural 1 Longitudinal Crack Structural 2 _Spiderweb Crack Structural 3 Broken Joint Structural 4 Sag Structural 5 Fracture Structural 6 Grease Structural 7 Line Deflection Structural 8 Corrosion Structural 9 Partial Failure Structural 10 Collapse Structural 11 Offset Joint Structural 12 Puncture Structural 13 Deposition Maintenance 14 Roots Maintenance 15 Blockage/Obstruction Maintenance 16 Evidence of Infiltration Maintenance 17 11 SCHEDULE A SEWER MAINTENANCE 1ST YEAR DECEMBER 1, 1999 - JUNE 30, 2000 ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1 CCTV INSPECTION WITHOUT CLEANING 30,000 L.F. .45 13, 500.00 2 LIGHT CLEANING 80,000 L.F. .199 15,920.00 3 MEDIUM CLEANING 60,000 L.F. .40 24, 000.00 4 HEAVY CLEANING 30,000 L.F. .75 22, 500.00 5 HERBICIDAL FOAMING 5,000 L.F. 1.35 6,750.00 1. CCTV INSPECTION 2. LIGHT CLEANING 3. MEDIUM CLEANING 4. HEAVY CLEANING 5. HERBICIDAL FOAMING 82,670.00 TOTAL COST IN WORDS THIRTEEN THOUSAND FIVE HUNDRED DOLLARS FIFTEEN THOUSAND NINE HUNDRED TWENTY DOLLARS TWENTY FOUR THOUSAND DOLLARS TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS EMPIRE PIPE CLEANING & EQUIPMENT, INC. 12 SEWER MAINTENANCE 2ND YEAR JULY 1, 2000 - JUNE 30, 2001 ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1 CCTV INSPECTION WITHOUT CLEANING 30,000 L.F. .45 13,500.00 2 LIGHT CLEANING 100,000 L.F. . 21 21, 000.00 3 MEDIUM CLEANING 60,000 L.F. .40 24, 000.00 4 : HEAVY CLEANING 10,000 L.F. .75 7,500.00 5 HERBICIDAL FOAMING 5,000 L.F. 1.40 7,000.00 1. CCTV INSPECTION 2. LIGHT CLEANING 3. MEDIUM CLEANING 4. HEAVY CLEANING 5. HERBICIDAL FOAMING TOTAL COST IN WORDS THIRTEEN THOUSAND FIVE HUNDRED DOLLARS TWENTY ONE THOUSAND DOLLARS TWENTY FOUR THOUSAND DOLLARS SEVEN THOUSAND FIVE HUNDRED DOLLARS SEVEN THOUSAND DOLLARS 73,000.00 EMPIRE PIPE CLEANING & EQUIPMENT, INC. 13 SEWER MAINTENANCE 3RD YEAR JULY 1, 2001 — JUNE 30, 2002 ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1 CCTV INSPECTION WITHOUT CLEANING. 30,000 L.F. .45 13,500.0C 2 LIGHT CLEANING 100,000 L.F. .22 .. 22, 000.00 3 MEDIUM CLEANING 60,000 L.F. .40 24,000.0C 4: HEAVY CLEANING 10,000 L.F. .75 7,500.0C 5 HERBICIDAL FOAMING 5,000 L.F. 1.5o 7,500.0C 1. CCTV INSPECTION 2. LIGHT CLEANING 3. MEDIUM CLEANING 4. HEAVY CLEANING 5. HERBICIDAL FOAMING TOTAL COST IN WORDS THIRTEEN THOUSAND FIVE HUNDRED DOLLARS TWENTY TWO THOUSAND DOLLARS TWENTY FOUR THOUSAND DOLLARS SEVEN THOUSAND FIVE HUNDRED DOLLARS SEVEN THOUSAND FIVE HUNDRED EMPIRE PIPE CLEANING & EQUIPMENT, INC. 14 74,500.00 41‘ r oc 28 ine clinsEC11Y itt '' 43EACH 230 170.00 3 -YEAR TOTAL •/1-je-e /--7-9 ' October 28, 1999 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council November 9, 1999 INTEGRATED PEST MANAGEMENT REPORT Recommendation: It is recommended that the City Council receive and file this report. Background: At Council's direction, on July 1, 1999 Staff implemented an Integrated Pest Management (IPM) Program throughout the City and particularly on the Greenbelt from Pier Avenue north to Gould Avenue. In that area, we have eliminated the use of all pesticides and herbicides. Analysis: In this "Pesticide Free Zone", the following has been noted: ❑ There are several areas where a grass/weed (Kuikuia) has developed. It is spreading slowly and is difficult to remove. o The contractor has expended approximately one hundred (100) additional man-hours pulling these and other weeds by hand vs. the normal twenty man-hours of spraying. ❑ In addition to chipping the jogging path, City crews are now chipping the bare areas. o City crews continue to monitor and adjust the irrigation system. ❑ Signs have been posted identifying the area as pesticide free. o City crews have planted approximately 50 of the 1 -gallon size limonium perezii and lantana in this area. Both are noted for being drought tolerant. ❑ Several residents are also pulling weeds in this area. In all other park areas the following has occurred: o The City has required the contractor to use a posted notification procedure when spraying pesticides. o A written authorization is required prior to the contractor using any herbicides. There is little visible difference between the two sections of the Greenbelt, other than the relatively minor exceptions noted above. It is recommended that the test continue through June 30, 2000. _ Fiscal Impact FY99 — 2000 FY99 — 2000 001-4202-4201 001-4202-4309 - 0 - (Contract Services) $500 (Signs and Advertising) ln Attachment: • • Map Respectfully submitted, clake411-7-6)1_9.,.%-) Michael Flaherty Public Works Superintendent Concur: . Concur: ‘: t)€111- arold C. Williams, P.E. Director of Public Works/City Engineer Stephen R. urrell City Manager 2 F/B95/pwfiles/ccitems/IPM Reportl0-28-99 EXHIBIT A • November 3, 1999 Honorable Mayor and Members of the Hermosa Beach City Council • Regular Meeting of November 9, 1999 REQUEST FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE PARKING TO ALL COMMERCIAL (SILVER POST) PARKING METERS FROM NOVEMBER 22"d THROUGH DECEMBER 27TH. Recommendation: Approve request from the Chamber of Commerce and authorize the placement of cards in all commercial (silver post) parking meters indicating two hours free parking from November 22nd through December 27th• Background: Traditionally, during the holiday season, the commercial meters have been "tagged" and two hour free parking has been provided. Once again, the Chamber would like to utilize two-sided inserts placed within the meter by City personnel which will read "Happy Holidays — 2 Hours Free Parking Compliments of the City of Hermosa Beach Downtown Businesses — The Chamber of Commerce". If individual business owners would like to replace "Downtown Businesses" with the name of their particular business, the Chamber will customize the inserts accordingly if City personnel can place the personalized inserts close to that business location. The City has historically approved this request as a means of promoting shopping in Hermosa Beach during the holiday season and the requested time frame (Thanksgiving weekend through Christmas) encompasses the peak shopping season. Respectfully submitted, Stephen R. Burrell City Manager 1o HERMOSA BEACH CHAMBER OF COMMERCE October 21; 1999 Mayor Julie Oakes and Members of the City Council City. ofHermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 OC1 2 51999 OEC MANAGER'S OFFEC ; Dear Mayor Oakes and Members of the City Council: The coming year will be a challenging one for our downtown business due to the simultaneous construction of the parking structure and hotel. To help our merchants cope with very limited parking during the holiday shopping season, we are requesting that at least two free hours of parking be available at metered spaces. Ideally, the free parking would be available from, November 22 through Monday, December 27th. The meter inserts will read `Happy Holidays - 2 Hours Free Parking Compliments of the City of Hermosa Beach - Downtown Businesses - The Chamber of Commerce". If individual. -business owners would like to replace `Downtown Businesses" with the name of their particular business, we will be happy to customize the inserts accordingly if City personnel can place the _personalized inserts 'close to that business location. We respectfully request that this item be placed on the November 9th City Council meeting agenda for consideration. I willbe present at the meeting to represent the Chamber and answer any questions you may have regarding this request. Sincerely, Carol K. Duff President & CEO Cc: Lieutenant Mark A Wright, Hermosa Beach Police Department 1007 Hermosa Avenue • Hermosa Beach, California 90254 • (310) 376-0951 • FAX (310) 798-2594 Donley Falkenstien 12.4 34th Street Hermosa Beach, CA 90254 October 19, 1999 Mayor & Members of the City Council of Hermosa Beach Please agendize this matter for the next city council meeting. In order to increase our sales tax receipts, I request that the City provide free parking at commercial meters in our business areas in order to attract increased retail sales early this Holiday Season. Since the shopping season traditionally starts before Thanksgiving it would be appropriate to announce free parking for holiday shoppers begintung Friday November 19th. Thank you. Sincerely, Donley Falkenstien 1i3 T00/T00:36 d 0026 9L2 012 :01 b2.£22TS0T2 TSld1. SAS 21Md:W02Jd 0S:60 66-12-100 Mayor and Members of the City Council • November 2, 1999 City Council Meeting November 9, 1999 ORDINANCE NO. 99-1195 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY." Submitted for adoption and waiver of full reading is Ordinance No. 99-1195, relating to the above subject. At the meeting of October 12, 1999, the ordinance was presented to Council for consideration and introduced by the following vote: AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT: None ABSTAIN: Bowler At the meeting of October 26, 1999, adoption of the ordinance was continued to tonight's meeting. Noted: Stephen R. Burrell,"City Manager Elaine Doerfling, 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 • • ORDINANCE NO. 99-1195 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. This ordinance is adopted in consideration of the following facts and circumstances: A. Ordinance No. 94-1117, as adopted by the City Council of the City of Hermosa Beach on September 27, 1994, authorized a cable television franchise renewal between the City and ML Media Partners, L.P. That franchise authorizes the construction, operation, and maintenance of a cable television system within the City. B. On July 25, 1995, the City Council of the City of Hermosa Beach adopted Resolution No. 95-5761, which authorized and approved the assignment and transfer of the cable television franchise by ML Media Partners, L.P. to Century Valley Cable Corp., a wholly-owned subsidiary of Century Communications Corp., a New Jersey corporation. C. On May 25, 1999, the City Council of the City of Hermosa Beach adopted Resolution No. 99-5992, which authorized and approved the assignment and transfer of the cable television franchise by Century Valley Cable Corp. to Century -TCI California, L.P., a of Delaware limited partnership. September 28, 1999. D. On April 21, 1999, as the proposed transferor, and That transaction has not been consummated as the City received from Century Communications Corp., from Adelphia Communications Corporation, as the -1- 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 proposed transferee, an application for a transfer of control of the cable television franchise that may become effective either before or after the assignment and transfer of the franchise to Century -TCI California, L.P., which transaction is referenced above in paragraph C. E. The City and Century Valley Cable Corp. have negotiated certain amendments to the cable television franchise agreement for the purpose of clarifying and modifying certain rights and obligations of the parties relating to the operation and maintenance of the cable television system within the City, as previously authorized by Ordinance No. 94-1117. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Paragraph (b) of Section 3 of Ordinance No. 94-1117 is amended as follows: /// A. By redesignating paragraph (b), entitled "Construction Time Schedule," as paragraph (b)(1). B. By adding a new subsection (2) to paragraph (b) to read as follows: "(2) Following the GRANTEE'S completion of the Phase II rebuild/upgrade, GRANTEE must perform a comprehensive technical audit of that Phase II work to ensure that all applicable technical standards have been met and that the work complies with all applicable federal requirements and City codes and regulations. GRANTEE must provide to the City a written report that documents the results of this audit no later than six months following the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation." 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 SECTION 2. Section 3 of Ordinance No. 94-1117 is amended by adding a new paragraph (h) to read as follows: "(h) During the course of the Phase II rebuild/upgrade, GRANTEE will commence an audit of all subscriber service drops within the City, and this audit will be completed no later than 180 days after the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation, subject to the granting of access by owners of private property. If such access is denied or delayed, GRANTEE will continue to seek owner consent to access beyond the 180 -day period and until all subscriber service drops have been inspected. GRANTEE's audit and inspection obligations will include the following: (1) The inspection of 100% of all aerial and underground physical plant and 100% of all subscriber service drops. (2) All active subscriber service drops will be certified by GRANTEE to be code compliant, and inactive subscriber service drops will be removed if necessary. (3) All safety code defects and deficiencies in the physical plant and in the subscriber service drops that are disclosed in the inspection will be corrected by the GRANTEE. (4) GRANTEE will submit to the City monthly progress reports that will identify the results of the physical plant inspections and the corrective actions taken. These monthly reports will specify the addresses of the subscriber service drops and physical plant that have been inspected and the nature of the corrective actions that have been taken. (5) Upon completion, GRANTEE will participate with the City in an evaluation of the GRANTEE's audit and inspection activities in order to confirm that all necessary remedial actions have been taken by the GRANTEE." -3- 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 SECTION 3. Paragraph (j) of Section 4 of Ordinance No. 94-1117 is amended by adding at the end thereof the following language: "In addition to the free basic cable service that is referenced above in this paragraph (j), GRANTEE will provide, at such time as that service is offered on a commercial basis to residential subscribers to the cable television system, and upon the City's request, the installation of cable modems that provide Internet access service. These cable modems and their installation will be without cost to the City and without offset to the franchise fees paid to the City under the franchise, and will be limited to an aggregate of 20 cable modems and related installation services at City -owned or other public buildings within the franchise service area. The City is authorized to select from programs that are offered to consumers and to institutions the type of service to be provided by these 20 cable modems. If the City requests more than one cable modem installation at any one location, or if the City requests additional installations beyond the 20 allocated by GRANTEE, then City will reimburse GRANTEE for the costs of labor and materials associated with (i) the wiring installation of the multiple modem -site configuration, and (ii) additional cable modems that are requested by the City. Notwithstanding the references above to an aggregate of 20 cable modems, if either the City of Redondo Beach or the City of Manhattan Beach is provided by GRANTEE, or by any authorized transferee, or affiliate or parent company of GRANTEE, with a number of free cable modems in excess of 20, then City will also be entitled to receive that number of cable modems without charge and subject to the provisions of this paragraph (j)." SECTION 4. Attached to this ordinance in the form presented to the City Council is the "Franchisee's Acceptance" of this ordinance amending Ordinance No. 94-1117, which document -4- 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 will be signed by an authorized representative of Century Valley Cable Corp. within 30 days after the effective date of this ordinance. SECTION 5. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this th day of , 1999, by the following vote: AYES: NOES: ABSTAIN: AB SENT: PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -5- wLe--x-( 9-99 November 1, 1999 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council November 9, 1999 SUBJECT: LOCATION: APPELLANT: REQUEST: PRECISE DEVELOPMENT PLAN (PDP) 99-34 APPEAL MARINELAND MOBILEHOME PARK, 531 Pier Avenue SUSAN MOSS, OWNER RECONFIGURE MOBILEHOME PARK LOT LINES, TO ELIMINATE ONE MOBILEHOME SITE TO ACCOMMODATE THREE LARGER UNITS, AND ADD ONE SPACE ON THE CURRENTLY UNIMPROVED PORTION OF THE SUBJECT PROPERTY Planning Commission Recommendation: Deny the proposed Precise Development Plan ALTERNATIVE: Adopt the attached alternative Resolution approving the project with Conditions of Approval. Background: Zoning: General Plan: Lot Size Undeveloped Lot Area Mobile Home Sites Existing Mobilehome Sites Proposed Existing Density Total Site Existing Density W/O Undeveloped portion of Site Existing Parking Proposed Parking Mobile Home Park (MHP) Mobile Home Park 184,106 Sq. Ft. 45,000 Sq. Ft. (Approx.) 61 61 14.43 Dwelling Units/Acre 19 Dwelling Units/Acre 1/Mobilehome & 26 Common with 6 in tandem 1/Mobilehome & 26 Common with 6 in tandem The property owner originally installed three permanent mobile home foundations without City approval in order to reconfigure the mobile home park site. The City issued a stop work order and directed the owner to process a Precise Development Plan for Planning Commission approval of the proposed reconfiguration. At the July 21, 1998 meeting, the Planning Commission denied a proposed reconfiguration of the mobilehome park which eliminated one space and provided three larger mobilehomes. The Planning Commission was concerned at that time with the loss of 1 mobilehome space, poor condition of the existing roads and existing drainage, the lack of recreation area and parking and the generally inadequate plan submittal. On September 22, 1998, the City Council considered on appeal the proposed reconfiguration of the mobilehome park, and sustained the Planning Commission's denial. On September 21, 1999 the Planning Commission denied a new application for the proposed reconfiguration of the mobilehome park to allow for three larger mobilehomes. The Planning Commission's concerns involved: • Restricted roadway width west of space #39. • Loss of parking. • Existing drainage problems. • Spaces #40 and #63 are not designed as useable mobilehome spaces. • Lack of recreational open space. Analysis: The revised project involves a reconfiguration of four existing mobilehome park spaces to three to accommodate new doublewide mobilehomes and the addition of a mobile home space to be located on the unimproved portion of the property. Staffs original concern was that the loss of mobilehome sites would reduce the City's stock of low and moderate income housing units identified in the housing element of the General Plan. The proposed mobilehomes are 2 stories, 3 bedroom, 2 bath, 1,163 square foot units with Cape Cod style architecture, dormer windows, horizontal siding and shingle roofing. The units will have a tie -down foundation system, rather than concrete pads and support piers. The dwelling units will meet the criteria to qualify as a mobilehome by having a permanent chassis and by being HUD certified. A Condition of Approval has been included requiring verification that the dwelling units meet the mobilehome criteria prior to installation. The City Attorney has indicated that " the City's regulatory authority is limited by the State's preemption of mobilehome park regulations [and that] the City's jurisdiction extends to approval of lot line adjustments and does not extend to aspects of the project such as the [design, architecture] and height of the structures". Section 18300 of the State Health and Safety Code specifies the authority of the City to regulate the following: 1. Mobilehome park zoning. 2. Types of mobilehome park (e.g. senior mobilehome parks). 3. Perimeter walls, enclosures fronting public streets, signs and entry access. 4. Lot lines and alterations. 5. Recreational improvements and facilities consistent with other residential developments of the same density. The Marineland Mobilehome Park falls within the Medium Density range of the General Plan at 14 to 25 units per acre and would be considered a multiple -family development. Therefore using recreation open space standards based on multiple -family development would be consistent with State provisions under Section 18000 of the Health and Safety Code. 200 square feet of recreational space is required per multi -family dwelling unit, and an additional 100 square feet 2 per unit is -required for condominiums under the City's Zoning Ordinance. These open space requirements are typically accommodated on individual lots in new development and providing this much open space in this manner is impractical. However, it is possible to provide required common open space consistent with multi -family condominium development at the ratio of 100 square feet per each five units. This would result in 1,220 square feet of required open space, which could readily be accommodated on site without deleting any unit space, if the applicant improves a small portion of the undeveloped westerly sloped area of property. A Condition of Approval has been included to require that common open space be provided at this ratio if the project is approved. Currently the tandem parking along the westerly property line is being used to store boats, recreational trailers and several aluminum sheds (see attached photo). Also, the space noted on the plan as "new space 63" is not improved for mobilehome use; nor is the proposed relocated space. If this project is approved, a recommended Condition of Approval is that both spaces be improved for, and occupied by, mobilehomes prior to the installation of the proposed two story mobilehomes. Conditions have also been included to remove the boat, trailer, and aluminum sheds from the parking area, and to improve the drainage of the property to eliminate flooding, and to re -stripe all existing and proposed parking spaces. Submittal of a lot boundary and topographic survey has also been included as a Condition of Approval to confirm the accuracy of the proposed plan and facilitate preparation of a drainage plan. Sol Blumenf: d, J irector Community I evelopment Department Concur: 4g, !J&1 11 St Burrell, ity Manager Attachments: 1. Resolution sustaining Planning Commission's denial. 2. Resolution 3. Site Photos 4. Aerial photo 6. Proposed plans Pdp9934a 3 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 • • C.C. RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN FOR 531 PIER AVENUE, MARINE MOBILEHOME PARK, LEGALLY DESCRIBED AS NOTED ON ATTACHED EXHIBIT A The City Council of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Susan Moss, Property Owner of the Marine Mobilehome Park located at 531 Pier Avenue, seeking approval of a Precise Development Plan to allow reconfiguration of the park, eliminating one space and adding one space on an unimproved portion of the subject property. Section 2. The City Council conducted a duly noticed de novo public hearing to consider the subject application on September 21, 1999, at which time 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 City Council makes the following factual findings: A. The applicant is proposing to reconfigure the mobilehome park, in order to accommodate new larger mobilehomes. B. The proposed reconfiguration is permitted with City Council approval pursuant to Section 18610.5 of the State Health and Safety Code. Section 4. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Precise Development Plan: A. The site is zoned Mobilehome Park (MHP) and is suitable for the proposed use; B. The use as proposed is compatible with surrounding residential uses and commercial uses; C. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential and commercial properties; D. ENVIRONMENTAL DETERMINATION: Categorically Exempt - Pursuant to Section 15303, Class 3(b) of the California Environmental Quality Act Guidelines with the finding that the project is in an area with available services. Section 5 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A PRECISE DEVELOPMENT PLAN FOR THE RECONFIGURATION OF THE MARINELAND MOBILEHOME PARK AT 531 PIER AVENUE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The project shall be substantially consistent with submitted plans and the Conditions noted below. Modifications to the plan shall require review and may be approved by the Community Development Director. 2. Trash enclosure shall be provided in compliance with Municipal Code for Multiple -Family development and relocated to not encroach into the turning area of a parking space. 3. Landscaped plans including tree planting along the perimeter of the park shall be provided to the satisfaction of the Community Development Director. a. A minimum 5 foot wide planter area shall be provided along Valley Drive. 4. The existing chain link fence shall be removed and a decorative block wall shall be provided along the perimeter of the property to the satisfaction of the Community Development Director 5. Decorative paving shall be provided at the project entry crosswalk on Bard Street and Valley Drive to the satisfaction of the Community Development Director. 6. A minimum of 100 square feet of recreational space for each 5 mobilehome spaces shall be provided and improved to the satisfaction of Community Development Director. 7. Prior to the installation of the proposed mobilehomes, or any additional foundations for said units the following shall occur: a. The City 's Community Development Department shall be provided with verification that the units are HUD certified, and have permanent chassis. b. New space "#63" and the proposed added space shall be improved for mobilehome use and be occupied by new tenants. c. A lot boundary and topography survey shall be provided for the entire property. d. The parking noted as "new" shall be striped and "existing" parking shall be restriped as shown on the submitted plans and shall conform to minimum requirements for turning radius, back-up, and stall width. • • 8. A drainage plan for the entire property shall be submitted for review, approval and implementation to the satisfaction of the Community Development Department and Public Works Department. 9. There shall be compliance with all conditions of this permit approval prior to the installation of the proposed mobilehomes. 10. The subject property and proposed development 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 this permit. 11. This permit shall expire one year from the date of approval unless development has commenced, or a written request for an extension has been submitted to the Planning Commission for approval prior to the expiration date. 12. This grant shall not be effective for any purposes until the owner 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. President of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED TO FORM: CITY CLERK CITY ATTORNEY PDPA9934Rra EXHIBIT A LEGAL DESCRIPTION PARCEL A: LOTS 32, 33, AND 34 OF HISS' ADDITION TO HERMOSA BEACH M.B. 4-19 ANO LOTS 35 THRU 39 INCLUSIVE, OF SAID HISS' ADDITION TO HERMOSA BEACH EXCEPT THE N'LY 100' OF SAID LOTS 35 THRU 39 INCLUSIVE. PARCEL 8: ALL OF OAK ST VACATED LYING WLY OF WEST RAILROAD DRIVE AND THE EAST 1/2 OF BARD ST. VACATED LYING N'LY OF A LINE DISTANT 100' N'LY OF THE N'LY LINE OF PIER AVE. (FORMERLY SANTA FE AVE.) AS SHOWN ON HISS' ADDITION TO HERMOSA BEACH M.B. 4-19. PARCEL C: AN EASRMENT FOR INGRESS 8 EGRESS OVER THE W'LY II' OF THE EAST 1/2 OF BARD ST. VACATED, LYING N'LY OF A LINE DISTANT 100' N'LY OF PIER AVE. (FORMERLY SANTE FE AVE.) AS SHOWN ON HISS' ADDITION TO HERMOSA BEACH M.B. 4-19 PARCEL D: ANE EASEMENT FOR PIPES, WITH RIGHTS FOR INGRESS a EGRESS OVER LOTS 13 EV 14 OF HISS' ADDITION TO HERMOSA BEACH M.B. 4-19. 7 • • P.C. RESOLUTION 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN FOR 531 PIER AVENUE, MARINE MOBILEHOME PARK, LEGALLY DESCRIBED AS NOTED ON ATTACHED EXHIBIT A The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Susan Moss, Property Owner of the Marine Mobilehome Park located at 531 Pier Avenue, seeking approval of a Precise Development Plan to allow reconfiguration of the park, eliminating one space and adding one space on an unimproved portion of the subject property. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the subject application on September 21, 1999, at which time 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: A. The applicant is proposing to reconfigure the mobilehome park in order to accommodate new larger mobilehomes. B. The proposed reconfiguration is permitted with Planning Commission approval pursuant to Section 18610.5 of the State Health and Safety Code. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan: A. The site is zoned Mobilehome Park (MHP) and is suitable for the proposed use; B. The use as proposed is compatible with surrounding residential uses and commercial uses; C. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential and commercial properties; D. ENVIRONMENTAL DETERMINATION: Categorically Exempt - Pursuant to Section 15303, Class 3(b) of the California Environmental Quality Act Guidelines with the finding that the project is in an area with available services. Section 5. Based on the foregoing, the Planning Commission hereby approves the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 • { 1. The project shall be substantially consistent with submitted plans and the Conditions noted below. Modifications to the plan shall require review and may be approved by the Community Development Director. 2. Trash enclosure shall be provided in compliance with Municipal Code for Multiple -Family development and relocated to not encroach into the turning area of a parking space. 3. Landscaped plans including tree planting along the perimeter of the park shall be provided to the satisfaction of the Community Development Director. a. A minimum 5 foot wide planter area shall be provided along Valley Drive. 4. The existing chain link fence shall be removed and a decorative block wall shall be provided along the perimeter of the property to the satisfaction of the Community Development Director 5. Decorative paving shall be provided at the project entry crosswalk on Bard Street and Valley Drive to the satisfaction of the Community Development Director. 6. A minimum of 100 square feet of recreational space for each 5 mobilehome 16 spaces shall be provided and improved to the satisfaction of Community Development Director. 17 18 7. Prior to the installation of the proposed mobilehomes, or any additional foundations for said units the following shall occur: 19 a. The City 's Community Development Department shall be provided 20 with verification that the units are HUD certified, and have permanent chassis. 21 b. New space "#63" and the proposed added space shall be improved for mobilehome use and be occupied by new tenants. 22 c. A lot boundary survey shall be provided for the entire property. 23 d. The parking noted as "new" shall be striped and "existing" parking shall be restriped as shown on the submitted plans. 24 25 26 27 28 29 9 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 • • i 8. A drainage plan for the entire property shall be submitted for review, approval and implementation to the satisfaction of the Community Development Department. 9. There shall be compliance with all conditions of this permit approval prior to the installation of the proposed mobilehomes. 10. The subject property and proposed development 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 this permit. 11. This permit shall expire one year from the date of approval unless development has commenced, or a written request for an extension has been submitted to the Planning Commission for approval prior to the expiration date. 12. This grant shall not be effective for any purposes until the owner 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. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P.C. 99- 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 September 21, 1999. Chairman Sol Blumenfeld, Secretary Date pdpr9934r O Vice -Chair Perrotti requested that in the Draft Resolution, page 3, Section 3, Item 2, "R-3" be re.. ced with "R -2B." Director Blumenfeld stated this will be corrected for the final reading. Vice -Cha Perrotti opened the public hearing. Cheryl Vargo is standards and excee submitted, the property foot separation between the plans, but there is no proposal continuance for the changes. resenting the applicant and stated that the project meets all the developme them in some regards. She indicated that subsequent to the plans . • ing ner requested to change the plans by separating the struct - with a 10 o units. The plan will require some interior modi ations to the t• hange the front, rear or side elevations. • - requested a Delcy Guthrey, 824 Seventh Street, Hermo . Beach, expresses oncern with the construction in her area, and stated driveways and streets are . ='ng bloc = . Director Blumenfeld stated if a complaint is received regarding access being bloc' :. , taff immediately calls parking enforcement. He further stated that there is no 1' it o ow many construction sites can occur in an area. MOTION by Commissioner Hof CON 99-25/PDP 99-30 — Co Tentative Parcel Map #2 AYES: NOES: None ABSE : None TAIN: None an and seconded by Commis ' •ner Pizer to CONTINUE tonal Use Permit, Precise Developm t Plan and Vesting 8 for a two -unit condominium at 839 7th Str- -t and 838 8th Street. fman, Ketz, Schwartz, Pizer, Vice -Chair Perrotti 11. PDP 99-34 — PRECISE DEVELOPMENT PLAN TO RECONFIGURE MOBILE HOME SPACES BY RELOCATING ONE AND ADDING ONE SPACE AT 531 PIER AVENUE, MARINELAND MOBILE HOME PARK. Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report. He reviewed the concerns of the Commission of the July 21, 1998 meeting and summarized the revised project. He further reviewed additional conditions and stated that a lot boundary survey has been included as a Condition of Approval to confirm the accuracy of the proposed plan if the project is approved. Commissioner Ketz asked if a license by the DMV is required of mobile homes. Director Blumenfeld clarified that they simply have to be certified by HUD. Commissioner Ketz asked for clarification of a two-story mobile home. Director Blumenfeld stated they are typically double wide format, but can be transported in sections on a base that contains a chassis and fits on a roadway. // P.C. Minutes 9-21-99 Vice -Chair Perrotti asked if there would be a difference between a mobile home and manufacturing housing. Director Blumenfeld stated manufactured housing is also not precluded under the law as long as it is certified by HUD requirements as a "mobile home." Commissioner Ketz asked about the three spaces in the middle of the site plan and how much space is available in this area between Lots 10 and 39 and the parking space. Director Blumenfeld stated there may be about an 8 foot clearance, but the parking could be shifted to the south slightly to make the parking reconfiguration work. Director Blumenfeld clarified that Space 63 is an existing space and is not being counted. He stated that in total, there are 4 spaces that are being converted to 3 mobilehome spaces in the central area of the plan, and there is 1 space being added which is "Space 40". He stated some items that are stored at the rear of the site will be moved and a new pad will have to be installed at the rear of the site also, involving grading and putting in a retaining wall. Commissioner Schwartz asked how strong of a control mechanism is available to get all of the issues addressed. Director Blumenfeld stated they have worked with the State to direct the owner to remove the existing foundations. He further said staff is working more closely with the State and the City is moving toward getting permit authority and inspection authority on the site. He said this process may take a few of months. Commissioner Pizer asked what the requirements are for private open space. Director Blumenfeld stated for a multi -family unit is 200 square feet per unit, and under the condominium requirements, there is an additional 100 square feet per unit. He said staff felt it was possible to equate the "common" open space to this project, as it involves existing units or coaches which cannot be reconfigured for additional private open space. Vice -Chair Perrotti indicated that the Commission expressed concern regarding access for emergency vehicles. Director Blumenfeld stated that when he discussed this matter with the Fire Chief he was not concerned about access through the site, but access to the site to address fire safety issues. Vice -Chair Perrotti opened the public hearing. Mr. James Joffey, property manager of J&H Management for the mobile home park, stated that the current plans were done as a cooperative effort to solve some problems and alleviate the negative issues that were brought up before. He pointed out that the trailer park is very old which was rezoned a mobile home park. He stated the current plan is not perfect and is not expected to be approved today. He stated the proposal is to comply with a need of the City to have affordable housing units plus one more. He also said they have rebuilt some of the older units in terms of electrical, plumbing and structure and remodeled them. He indicated they are trying to preserve the integrity of the park as it is now and approve the vacant spaces that were vacated by previous management, restore the affordable housing units that were there, improve some parking situations and add some common area. Mr. Joffey also clarified that the mobile homes are registered with HCD, Housing and Community Development. He said that all new mobile homes sold after 1984, were put on the /.i P.C. Minutes 9-21-99 local property tax roles and paid local property taxes. Also when a mobile home resold after 1984, the buyer had a choice of either paying sales tax and staying on HCD registration fees every year, or they could bypass and not have to pay the sales tax and then go on property tax roles. Eventually almost all of the park will be on local property taxes. He further stated that the two-story homes are transported as two stories and then the roof is put on site. Also, the mobile home park comes under Title 25 addressing drainage issues and issues of setbacks. Commissioner Pizer asked how much open space will be provided. Mr. Joffey stated there has been a suggestion of providing 1200 feet of new open space, and they are willing to comply with this. He said it could be located at Space 61 which is the flattest area of the slopes. Commissioner Hoffman asked what the square footage is of a typical unit that is existing. He is also concerned with maintaining affordable housing. Mr. Joffey stated probably from 400 square feet to 1200+ square feet. He indicated that the new units being added would be approximately twice or three times the size of the older units and he said that the rent will not be doubled or tripled. He also said the units will be considered affordable housing units. He further stated that no study has been made of the median income of the park as it is at this point in time. Director Blumenfeld pointed out that the City does not have rent control, but the mobile homes are considered as low/moderate income housing and the State has indicated they could qualify in the City's last Housing Element. He further said that there has not been a rental study done and staff does not have this information. Commissioner Pizer asked if the utilities are being charged to the tenants. Mr. Joffey stated that some of the utilities are billed directly to the residents by the utility company. Commissioner Pizer asked if there is only one trash area for the park. Mr. Joffey stated yes but is not opposed to putting another one in, but the trash truck would have to have access. Director Blumenfeld pointed out that there is a condition in the Resolution that the trash area enclosure be relocated so that it doesn't encroach into the parking area. Mr. Joffey summarized that the park would be upgraded aesthetically with the proposal. Lawrence McDermott stated that the City requires that prior to issuing permits on the three prime spaces, the other two would have to be filled first, the drainage would have to be resolved and a specific surveyed site plan that dimensions all of the spaces in the park exactly would have to be done. He further indicated that the area that is storage would be taken out, adding more guest parking. Scott Kinney, 531 Pier Avenue, Space 28, pointed out that the lots on the west side, spaces 28, 29 and 30 are not 62 feet long but are approximately 46 or 47 feet long. According to the plan at 62 feet in length, the 24 -foot setback from the wall would be an additional 18 feet to the west before it could actually even begin. He further said that starting from the wall and going 24 feet to the west, the retaining wall would be close to 10 feet. He also said that what is deceptive in the plot plan is the guest parking. He said it is not new parking but is his parking. He stated that the proposed parking for the proposed new space 40 is his driveway and has been for 12+ years. He said it came with his place and is contracted that they have two parking. Also, he said that /3 P.C. Minutes 9-21-99 • • the debris in the parking spaces is people paying $50 for those spaces that aren't mandated to come with the mobile homes to park extra vehicles or to have their sheds there. He stated that the plan adds units and removes existing parking. He requested that the four lots in the middle be restored and leave the rest of the park alone. Kay Kinney, 531 Pier Avenue, Space 28, stated that their parking is for two cars, and it is in their escrow agreement that they have two parking spaces. She said that they also have a shed and is concerned with losing their back steps. She also stated she needs her parking access nearby. She pointed out that the hillside is very steep, and the children currently play in the parking lot which is their only open space to play. She also indicated concern with the larger new homes having enough parking, and also their size cutting off the sunlight. She pointed out that if she sold her mobile home, the space rent is $765 on top of a mortgage, and mobile homes are difficult to sell. She also pointed out there were four single wide trailers in the space where the three manufactured two-story homes are proposed to go. Barbara Watson, 531 Pier Avenue, Space 54, stated that the space rent on a single wide is $700 and the proposal is for a double wide with a possible increase in rent. She said this would not help the affordable aspect of the mobile home park. Commissioner Hoffman asked how many of the 67 lots have parking on their own parcel. Ms. Watson indicated that most have at least one space. Laurie Hudson, 531 Pier Avenue, Space 56, stated the mobile home park as been an eyesore with no correction of the safety and cosmetic issues. She stated she has a very nice home, but the pride of ownership has diminished in the park. Marie Horwitz, 531 Pier Avenue, Space 15, stated she has lived in the park since 1985. She further stated she could provide the Commission with pictures of the double wide homes. Also, she indicated there is only one trash can currently and the other can is posted that it is the exclusive use of the office building. She feels the two-story homes would affect the light and would not be in conformance with the rest of the park. Linda Slonecker, 531 Pier Avenue, Space 60, stated she submitted a letter and reviewed the issues she raised in the letter as follows: The addition of another mobile home (and presumed parking space) will further impede or prevent the safe circulation of vehicle traffic; the parcel may be unsafe for a mobile home site, and the open area across from Space 60 has underground tanks designed to catch and drain runoff water from the park's streets; and the small open area of land at the southwest corner is the last safe play area for the children of the park to play together without being in the streets of the park. Jeff Hersh, 531 Pier Avenue, Space 30, thanked the Commission, Ms. Moss, owner of the park and Mr. Joffey of J&H Management. He stated there are differences of opinion, but feels everyone wants to make changes to the park. He said the issue is manufacturing housing versus mobile homes. He indicated that Title 25 is specific as to what is a mobile home, trailer and what constitutes manufactured housing. He said the foundations were built prior to and without any consent/approval/notification from the Commission and Council. He also noted that coming back years after the fact and granting approval is kind of like rewarding misbehavior. He said /4 P.C. Minutes 9-21-99 they are dealing with manufactured housing, not mobile homes. He feels it could be a condo - type situation without the benefit of any standard setbacks. He proposed that the Commission may want to seek the advise of City Council as to whether the homes comply with HCD regulations. Also, he invited the Commission to come and walk the park. Patricia Love, 531 Pier Avenue, Space 26, stated Marineland is a family atmosphere and she loves the residents and everyone gets along well. She expressed concern with the hill being at an 80 degree incline, and a higher retaining wall may be needed. Jacqueline Plane, 531 Pier Avenue, Space 9, agreed with Mr. Hersh and stated the issue is manufactured homes. She also stated that there needs to be an improvement process. She stated that the manufactured homes do not need to be double two stories, and there is a way to make the park start to grow and improve. Chris Love, 531 Pier Avenue, Space 26, stated that by getting rid of parking spaces in the area where he is located and putting something else in place would cause congestion. He stated that they park underneath their overhang. He said by doing a turnaround is difficult now and would be worse if the proposed configuration is brought in place. Also, the hill is extremely steep and sandy, and the retaining wall would have to be high and strong. He also feels that nothing -would be gained by having the new type of mobile homes go in, especially two stories. He said it would not go with the general overall character of the park and the parking would be minimized. He suggested that the Commission take a second look at the plans and see the park. George Watanabe, 531 Pier Avenue, Space 14, expressed concern with the environmental impact. He stated the park has wild animals and the hill is all sand. He questioned how heavy equipment will get into that area and is concerned with the effects of the construction. Karen Brunz, 531 Pier Avenue, Space 46, stated that the park is for sale and the tenants are interested in buying the park. She asked if this would affect the Commission's decision. Rebuttal Mr. Joffey stated he sent a letter out inviting anyone in the park who had questions to call him. He said he heard from no one. He stated that the situation of the parking for Space 28 will be Space 40, and he said no one will lose any parking. He stated there is long-term storage in the area which is not appropriate and the general consensus of the park is for more parking. He said the area that is now being used for storage should be parking for the residents' use for their vehicles they use on a daily basis. He indicated that the park is under jurisdiction of HCD and Title 25 and every concern raised this evening is dealt with by the enforcement of Title 25 under HCD currently. Nothing in the plan will change this. He stated that Title 25 states that a storage shed placed on a mobile home space may not exceed 100 square feet. He furthered clarified that some of the speakers are renters and do not own their homes. He said they are adding another space to add more affordable housing, and the new spaces will have on site parking. He also clarified that no one will lose their back steps. He stated also the homes are very easy to sell, as they have sold six in the last six months and every home in the park has sold much higher than their book value. He stated that the owner spent $300,000 to put in a new utility system for the benefits of the residents and improvements have to be made. There.are plans of the underground P.C. Minutes 9-21-99 • utility system, and the drainage system works very well. He requests that the project be approved for the benefit of the park. Vice -Chair Perrotti asked where the location of the tanks are for the drainage system. Mr. Joffey stated they are under proposed Space 63 and stated there will be access to them. Vice -Chair Perrotti closed the public hearing. Commissioner Hoffman stated there are other alternatives besides larger square footage units, two-story manufactured homes that might impact in keeping with the existing park. He stated, however, there are a lot of other problems that need to be corrected and is by State authority. Commissioner Ketz stated she has problems with the proposed plan and is not to scale. She feels Space 40 and Space 63 are not engineered and not determined as usable lots. She stated the park should go back to the way it was originally if that's the only option. Commissioner Schwartz stated the park is in need of improvement, and the reconfiguration gives some opportunity to make things better. She indicated that there has been conflicting testimony, however, and she is not sure what has been presented will work. She would like to see the prior improvements be made before putting in the new units. She would also like to see an existing parking plan. Director Blumenfeld stated that staff has an aerial and indicated that some spaces are designated parking in the area that is proposed. Commissioner Pizer encouraged a better solution than what was presented. He stated the parking west of Space 39 severely restricts the traffic flow in that area. He would like to visit the site and verify plans. He would also like to see more open space for the residents. He also asked if Public Works has looked at the drainage and landfill situation. Director Blumenfeld stated they looked at the initial plan and felt it was inadequate, so staff is requiring that a drainage plan be provided which would be submitted to Public Works for approval. He pointed out that part of the site floods when it rains and a sump pump would be required. Vice -Chair Perrotti indicated that he has several problems and concerns with the plans that are proposed including the retaining wall area, the parking, the drainage and the manufactured housing and stated that City Council may have to be involved. MOTION by Commissioner Ketz and seconded by Commissioner Hoffman to DENY PDP 99- 34 — Precise Development Plan to reconfigure mobile home spaces by relocating one and adding one space at 531 Pier Avenue, Marineland Mobile Home Park. AYES: Hoffman, Ketz, Schwartz, Pizer, Vice -Chair Perrotti NOES: None ABSENT: None ABSTAIN: None The Commission took a break at 9:30 pm. The Commission reconvened at 9:40 pm. /6 P.C. Minutes 9-21-99 BACKGROUND MATERIAL LOCATION FOR PROPOSED TWO-STORY MOBILEHOMES • f OPT, DOOR GUEST PORCH MASTER BEDROOM 9' VOLUME CEILING LIVING ROOM 9' VOLUME CEILING KITCHEN SNACK BAR WARDROBE WARDROBE BEDROOM -2 8' CEILING LINEN BEDROOM -3 8' CE'.LING BATH 2 the Internet a_ :silvererestcarn Plan TS-1 rest.cp n 3 Bed Dam, 2 Bath Plan TS -1 2 -Story Specifications 1163 SQ. FT. (HUD CODE) CONSTRUCTION & EXTERIOR 15'-6"floor width All steel floor system upstairs and downstairs with I-1/8"T&G wood decking 4.5" in 12" nominal roof pitch first floor 6" in 12" roof pitch second floor Architectural Composition shingles with 30 -year manufacturers warranty Roof trusses 20# roof load (optional 30#, 40#, 60#) 9' volume ceiling.first floor with vaulted ceiling in Kitchen Full 8' ceiling second floor Insulation: R-22 Roof R-19 Sidewalls R-22 Floor Semi -Gloss exterior 5 "Cottage Lap" Horizontal Siding with 3/8" OSB underlayment and "Tinvek" wrap up designing. Dimensional "Prime Trim" facia and window trim DOORS AND WINDOWS Steel front entry door with peep hole and security deadbolt lock Electric door chime Optional door to garage 6' Sliding Glass Door in M/Bedroom (stacked windows above) Optional location for 5' sliding glass door (rear wall) M/Bedroom End Wall, window above) Windows: Vinyl frame dual glaze,Stacked windows in Living Room and Kitchen KITCHEN White on white appliances GE Gas Range, pilotless ignition with clock and timer #JGBS2OWEW Plumb for icemaker Disposal: I/3HP GE Dishwasher #GSD680 Potscrubber Optional GE Microwave/Hood: JVM 250 Chrome single lever faucet w/sprayer White raised panel cabinet doors with European concealed hinges, drawers above doors on base cabinets Ceramic tile counter tops (optioal Corkin countertops) Cast iron sink Recessed can lights Easy care vinyl flooring Ceiling fan with light in Kitchen PLUMBING & UTILITIES Washer/Dryer area with overhead cabinet storage Plumb for washer Plumb & vent for gas dryer Non -corrosive water lines CP VC 100 AMP electric service Shut-off valves duoughout Dual 20 gallon electric water heater (i upstairs, 1 in kitchen) or ship loose 30 gal. fur installation in garage 55,000 BTUfurnace, A/C ready (1) GFI exterior recept TV and phone preps (2) ea. Rocker light switches throughout Hose bib (I) per print 20 AMP G.EI. garage circuit BATH - MAIN Tile embossed l -pc. tub/shower combination w/clear glass enclosure Formica Banjo lavl' top China lave sink with single lever chrome faucet, Full mirror above lave and toilet Light strip above lay), Chrome frame medicine cabinet Car pet BATH #2 Tile embassy(' 1 -pc. tub/shower combination u'/clear glass enclosure l•or,,oca hanjo Lat.y top China I sink with single lever chrome faucet Chrome frame medicine cabinet Full mirror above lave Light strip above lave Vinyl flooring BEDROOMS Switched recepts in bedrooms Double wire shelving in wardrobe GENERAL INTERIOR Group III carpet - standard in all areas except Kitchen, Wisher/Dryer area and baths 1/2" rebond carpet pad Raised panel passage doors with sculptured door costings Brass knob interior 'easels Sculptured baseboard molding White framed mirrored wardrobe doors in M/Bedroom with plant shelf above Rounded drywall corners (except windows) Hand troweled drywall ceilings throughout Mini blinds throughout Wood window sills OPTIONAL SQUARE FOOTAGE Optional Linear footage may be added as follows: +4 feet in Living Room or kitchen breakfast nook, + 2 feet in Bedroom 2 and Bedroom 3. Total square footage of ct home increases to 1 287 Max floorsizes: first floor 15'6'.v 48', Second Floor: 15'6".v 35' • • /LL5I LVEi?C17E5F 1/ESTERN HOMES CORPORATION 299 N. Smith Ave., Corona, CA 91720 (909) 734-6610 (800) 382-0709 109 Pioneer Ave., Woodland, CA 95776 (916) 662-9156 Internet: http://www.silvercrest.com ail: info@silvercrest.com Manufacturer's Notes Due to our continuing program of product improvement and federal code requirements, specifications and prices arc subject to change without notice. Silvercrest® Western Homes Corporation reserves the right to improve models without incorporating these changes in similar models produced at an earlier date. Dimensions shown and square footage are approximate. Illustrations are artist's concepts. The garage pictured is site built and not included from the factory. PROPOSED ADDED SPACE NOTED IN WHITE -4 SPACES RECONFIGURED TO 3SPACES rr�r- ,z • LOCATION OF NEW SPACE #63 LOCATION OF BOAT, TRAILER AND. SHEDS STORED IN PARKING AREA, AND BEYOND THE LOCATION OF PROPOSED ADDED MOBILEHOME SPACE Zj -rP.: e r -t • 0 9 9 ./ 4e_ E-RNE-,D P P lzr Y / Cs- R. A - /c< 00 A 0- 3(E Av .Wi -?z-(:3 L.Y - c3PPPS5c..(r4'•( KEco F-1. U o 4 -7-* 17, /RJfz- Mozi )z.k o INA f-ak .WE (4- i o 1.71 biTN - \( V P...\-( to, c. RECEIVED UOM. DEV. DEPT. 2 "2 - IAA L4J,z4, Mr. Charles G. Scimone 16 Fieldstone Dr. Stoneham, MA 02180-1909 • Oct. 30, 1999 Hermosa Beach City Council Hermosa Beach, CA 90254 Dear Members: Ec o vet) (:OM. GE ✓. DEPT. Please accept my applause for the P1`annning Commission's denial of a precise development plan to refigure mobile home spaces at Marineland Mobile Home Park. Please give the Commission your support. I own 1444 Loma Drive which is directly effected. Thank you. Iris McKinley 1400 Esplanade Redondo Beach, CA 90277 (310) 792-0090 23 s'11, 11999 September 21, 1999 HAND DELIVERED Community Development Department Planning Division City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Attn: Sol Blumenfeld, Director Hermosa Beach Community Development Department Mark and Linda Sloneker 531 Pier Avenue, Space 060 Hermosa Beach, CA 90234 (310) 318-0878 RECEIVED SEP 2 ? 1999 UOM. Dt:V. DEPT. Re: Marineland Mobilehome Park - "Precise Development Plan to Reconfigure Mobile Home Spaces By Relocating One And Adding One Space" at 531 Pier Avenue Dear Mr. Blumenfeld: We have been residing at Space No. 60 at the southwest end of the Marineland Mobilehome Park (the "Park") for the past four years since July 1995. We wish to protest the Park's proposed reconfiguration of two spaces whereby the Park wishes to remove a space from the center of the Park and establish a new mobilehome site on a small area of open land at the end of the westerly street (which is directly below the alley that runs parallel to Pier Avenue). Please note that this street is a "dead-end" street. The reconfiguration is to be considered by the Planning Division of the Community Development Department of the City of Hermosa Beach this evening. We hemby respectfully submit our strong objections to the proposed reconfiguration by the owners and management of the Marineland Mobilehome Park to add any further mobilehome sites to the existing open land at the southwest corner of the park for the following reasons: 1. The addition of another mobilehome (and presumed parking space) will further impede or prevent the safe circulation of vehicle traffic. At the present time it is already very difficult to turn a vehicle around at the end of the street where we live, which is a dead-end, with no provisions for turning a vehicle safely around. Drivers are often stuck having to back up their vehicles down the entire length of the street. Anyone with common sense can see that there will be no turn around space for vehicles if the small area of open land left at this dead-end street is assigned as a mobilehome site or as permanent parking space. It must remain open to allow vehicle to circulate out of the dead-end. I suggest the Planning Commission assign a surveyor to take the time to walk down to the end of the street and view the compact, dead-end situation that resident and visiting drivers must contend with. A surveyor with impartial interests is needed to determine how many mobilehomes, with vehicles parked in their assigned spaces, can be accommodated down at the end of SUPPLEMENT4L i 1 — ••••6 -— --- 2f --- IMPflimiAnr_innd • Mr. Sol Blumenfeld, Director Community Development Department September 21, 1999 Page 3 community center, other outdoor amenities (i.e., basketball courts or open court) or any open play areas for its resident children. Access to the beach and nearby community resources is the attraction to live in this Park, however, the Park can not claim that as an amenity directly provided by or associated with the Park. The Park should allow the last piece of land with grass on it to remain as it is so the younger children have at least one small place to go and meet each other for outdoor play within the Park and near their homes. We request the Hermosa Beach City Planning Division to deny the Park its proposal to reconfigure the mobile home spaces by relocating one space from the center of the Park to the southwest end of the most westerly street (the street directly below the alley parallel to Pier Avenue). At the very least, in consideration of the residents already located along and at the dead- end of the westerly street, an unbiased survey should be conducted of the proposed area to determine if there is sufficient space to allow for safe vehicular circulation, to determine if the space is able to support a mobilehome or if there are underlying water tanks below the surface of the intended mobilehome site that would render the space a high-risk mobilehome placement. Sincerely, 07:4 7/4/A -167t2. Mark and Linda Slonecker cc: Steve Burrell, Hermosa Beach City Manager Lisa Lucke i • Mr. Sol Blumenfeld, Director Community Development Department September 21, 1999 Page 2 this dead-end street. For the management and owners of the Park to propose adding another residence to this end of the street (and presumably at least one parking space), clearly demonstrates that they are not concerned about the safety of the existing residents, their vehicles or the existing mobilehomes at this end of our street. For further support of this argument, it should be noted that the manager and resident manager have each run their work trucks into safety posts, which protect a poorly placed utility box, in their efforts to back their trucks out of this dead-end. The point is that it is already an unsafe struggle to safely maneuver a vehicle out of this dead- end, without one more structure or parking space down here. 2. The parcel may be unsafe for a mobilehome site. The open area across from Space 60 has underground tanks designed to catch and drain runoff water from the Park's streets. Many older residents are aware that these drainage.tanks exist under the parcel, but have no evidence that they exist. However, in the summer of 1997, we questioned Mr. Worth who was employed by St. Clair Management, about the Park's drainage system and the existence of such tanks. Mr. Worth was one of the men who operated the soil removal equipment and actually performed the infrastructure replacement work in the Park to replace some of the aging underground water conduction systems and other utilities. Mr. Worth said such tanks are located under the parcel, but there were no available "plans" to be certain where they were, how deep they were or what condition they were in (or where any underground utilities were at the time they did the work). In July 1996, our young son ran over the asphalt near the edge of this land and his foot went through the asphalt and a shallow "sink hole" about one foot in circumference opened up where the underlying soil had subsided away. The resident Manager, Less Rogers, marked the spot as a hazard area and eventually (within a month) replaced the sand that subsided away and covered the area with asphalt again. A number of neighbors in the Park witnessed the occurrence of the the hole created by the subsidence of soil. There actually is no mobilehome site pad at this location and there never has been. It seems the land should be thoroughly inspected and approved for use as a mobilehome site by an engineer before anything as heavy as a mobilehome is placed upon that land. 3. The small open area of land at the southwest corner is the last safe play area for the children of the park to play together without being in the streets of the Park. The area at the west end of the Park where the Park owners wish to place another mobilehome is the last small piece of non -designated land with grass on it. In July, 1998, at a City Council meeting Sam Edgerton spoke to the owners of Marineland Mobilehome Park on behalf of the City Council. I believe it was he who stated to the owners of Marineland Mobilehome Park that they should provide open areas for the residents of the Park. The Park obviously has no intention of doing so, and continues to remove any open space available to the children. The children of the Park are often scolded by residents and management if they try to run and play in the streets and between mobilehomes during their outdoor games. The Park provides no 2(0 RECEWFD SEP 2 0 1999 euvii. uEPT. Horace L./ Margaret L. Smith 531 Pier Ave Hermosa Beach, Ca. 90254 (310) 379-1782 Sept. 20, 1999 Hermosa Beach Community Development Department Planning Division Att: Sol Blumfeld-Director In response to your notice for a meeting September 21, 1999 to discuss the relocation of one space and the addition of one space, we would like to give our input from forty years of living in Marineland Mobil Home Park. When this park was developed in the early 1950's, the coaches were much smaller and didn't need so much space, but with the new coaches, it is almost impossible to find anything that will fit on these small lots. We would like to see the proposed changes made so the new two-story coaches could be installed and the streets repaved. If all of the coach owners spent as much time maintaining their coaches and yards as they have spent trying to slow down progress, this could be a beautiful park. With the new utilities complete now, we should all be ready to move ahead. In closing, we would like to urge the commission to approve these changes so all of us tenants in Marineland Mobil Home Park can move on with our lives with some certainty. 2 7 Sincerely, Mr. & Mrs. H.L. Smith SUPPLEMENTAL INFORM[ rION 11 RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN, FOR THE RECONFIGURATION OF THE MARINELAND MOBILEHOME PARK AT 531 PIER AVENUE. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An appeal of the Planning Commission's decision to deny the proposed project was filed by Susan Moss, part-owner of real property located at 531 Pier Avenue, seeking approval of a Precise Development Plan, to reconfigure four mobilehome spaces into three spaces for the installation of larger two-story mobilehomes. Section 2. The City Council held a duly noticed de novo public hearing to consider the subject application on November 9, 1999, at which time testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 3. Based on evidence received at the public hearing, the City Council made the following factual findings: 1. The applicant is proposing to reconfigure the number of mobilehome spaces. 2. The subject property is designated Mobilehome Park on the General Plan Map, and zoned Mobilehome Park on the Zoning Map. 3. The General Plan Housing Element provides for 81 mobilehome sites which is the sum total of the two parks in the City. 4. The project is Categorically Exempt from the requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b) and 15315 with the finding that the project is in an area with available services. Section 4. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Precise Development Plan for Marineland Mobilehome Park: 1. Mobilehome spaces 40 and 63 are not designed for use as mobilehome sites. 2. The proposed parking near space 39 severely restricts traffic flow. 3. The Mobilehome Park open space is inadequate. 4. A serious drainage problem exists on the property. -1- SUPPLEMENTAL INFORMATION_ Sections. The City Council of the City of Hermosa Beach does hereby sustain the Planning Commission denial of a Precise Development Plan for the reconfiguration of the Marineland Mobilehome Park at 531 Pier Avenue. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF NOVEMBER, 1999 President of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK pdpa9934rd APPROVED TO FORM: CITY ATTORNEY -2- 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 P.C. RESOLUTION 99-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A PRECISE DEVELOPMENT PLAN, FOR THE RECONFIGURATION THE MARINELAND MOBILEHOME PARK AT 531 PIER AVENUE. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Susan Moss, part-owner of real property located at 531 Pier Avenue, seeking approval of a Precise Development Plan, to reconfigure mobilehome spaces to provide 3 spaces for the installation of larger two-story Mobilehomes. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the subject application on September 21, 1999, 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 applicant is proposing to reconfigure the number of Mobilehome spaces. 2. The subject property is designated Mobilehome Park on the General Plan Map, and Zoned Mobilehome Park on the Zoning Map. 3. The General Plan Housing Element provides for 81 Mobilehome sites which is the sum total of the two parks in the City. 4. The project is Categorically Exempt from the requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b) and 15315 with the finding that the project is in an area with available services Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan: 1. Mobilehome spaces 40 and 63 are neither engineered nor determined useable lots. 2. The proposed parking near space 39 severely restricts traffic flow. 1 SV 1 PLEii,1iE{ IT."1L INFORMATION 4 i 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 • • 3. The open space is inadequate 4. A serious drainage problem exists on the property. Section 5. Based on the foregoing, the Planning Commission hereby denies the subject Precise Development Plan VOTE: AYES: Comms. Hoffman, Schwartz, Pizer, Vice Chairman Perrotti NOES: none ABSTAIN: none ABSENT: none CERTIFICATION I hereby certify the foregoing Resolution P.C. 99-52 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 Sepmber 21, 1999. Sam Perrotti, Vice Chairman ec)c LA_t_ (9) /�'`Ii Date pdp9934 2 RECEIVED OM. DEQ i. DEPT. Hermosa Beach Community Development Department Planning Division Att: Sol Blumfeld-Director Horace L/Margaret L. Smith 531 Pier Ave #34 Hermosa Beach, Ca. 90254 (310) 379-1782 November 5,1999 In response to the City Council's refusal to allow Marineland Mobile Home Park to relocate one space and delete one space, we still feel that if we were coming into Marineland Mobile Home Park, looking for a place to live , we would be much more impressed with three ,large, beautiful ,two-story homes in the center of the park than we would be with four ,smaller, older mobile homes. If the City council wants to help make this a desirable place to live, they should consider some of these aspects of the park, and not insist on all of the lot lines remaining constant ,forever. The addition of the three two-story coaches should appreciate the value of the other coaches in Marineland Mobile Home Park just by their proximity. Again, we would urge the City Council to approve these changes so we, the residents, could all move ahead and not be in limbo like we have been for the past few years. Sincerely, Horace L./Margar. V .Smith SUPPLEMENTAL, INFORMATION 4 • ASSET PROPER'T'Y MGT., INC. November 10, 1999 All Residents Marineland Mobilehome Park 531 Pier Avenue Hermosa Beach, CA 90254 RE: Park Survey Dear Residents: As you know, we recently mailed a copy of the attached survey to every homeowner and resident at Marineland Mobilehome Park. A postage -paid return envelope was provided. Disappointingly, only 11 surveys were completed and returned to us. We are still accepting surveys, and will up -date the results, if more are received. The results were as follows: 5 respondents indicated that they "believe that the city should approve the plans for use of the existing foundations for new homes, provided all the applicable State building codes are incorporated in the plans and construction". 2 respondents were "opposed to the approval of the proposed plans for the placement of new homes in the Park". Only 1 gave a reason. 3 respondents stated that they have "no opinion or preference..." 2 respondents failed to make a choice. According to the surveys received, only 18% of the residents and homeowners are opposed to the installation of new homes on the existing foundations. I have no idea why some of you did not take this opportunity to make your opinion(s) known on this very important issue. However, we are willing to add any new responses to this study. Ja Joffe Property Manager 22875 Savi Ranch Parkway, Suite "A" • Yorba Linda, CA 92887-4629 • (714) 974-0397 • • MARINELAND MOBILEHOME PARK HOMEOWNER & RESIDENT SURVEY OCTOBER, 1999 Please mark the statement that best describes your opinion for each numbered item. #1 I believe that the city should approve the plans for use of the existing foundations for new homes, provided all the applicable State building codes are incorporated in the plans and the construction. I am opposed to the approval of the proposed plans for the placement of new homes in the Park because I have no opinion or preference as to whether or not the plans are approved or denied. #2 If approved, I think that the plans should provide for: More guest parking A play area for children More resident parking A picnic area The following information is voluntary. Name Homeowner Sub -tenant List of space owned Please return this completed survey in the envelope provided. VALLEY DRIVE ? %°1-.9N1EiP Marine Land 531 Pier is <.o NO ren EXISTING I. D. SIGN LAUNDRY 11111111111101 11(111111 Zc• / 33' 24 sB/ rn S3 s4 48' L3' m SS G 3' G3, se• s8' 69' M SB + S4' �CiPGJJ Wqt e 1111111111i III I, Pao.. Ann Wow p:`.r Wu Feed, xn.a GEND NEW GUEST PARKING TRASH AREA �' EXISTING BUILDING re• N 63 ORIGINAL SPACE LAYOUT PROPOSED 3 SPACES LAYOUT Scale 1"=20' sr+c�+#Gs DATA 62 EXISTING SPACES RELOCATION OF EXISTING SPACE No. 40 ADDING SPACE NO. 63 1 GUEST PARKING SPACE RELOCATED 11 NEW GUEST PARKING SPACES ADDED 5.13 Acres ALL EXISTING PARKING SPACES WILL REMAIN AS IS EXCEPT THE ONE SPACE THAT IS BEING RELOCATED. PLOT PLAN PLOT PLAN Scale 1=40' Prepared by. Lawrence 0. McDermott RCEIPLS 18075 LaVentana Murrieta, Ca. (909)304-0111 Fax (909)698-5218 e-mail illeagitatut Prepared For. J & H Asset Property Mgt, Inc. 22875 Savi Ranch Parkway Suite "A' Yorba t,irW& Ca. 92887-4629 (714)974-0397 Fax (714)283-3225 PROPOSED MARINELAND MHP - MODIFICATION • • • f 11'-7- I :•-1' SY -23 0 0 / S - - 8 BATH 2 © *- I 4 FIETEN ODOR �\ 2a IPDOIET\ 0001 No \ - J� \� I KITCHEN I'- 172 R5 ) AM JAB -r/ L_JJ iIli a/• CAL e1y aw- • LINING I so. 'i. • 62 \ ' MC 5.0 \ ' :A0W -ac I I I` - I - vl. ..•aam. J } 36,41 s'`67 / /MASTER / BEDROOM 0•T. / rr«i6SC. FT,. 137 tie .11.0 6 NOW - x05 xcs CMC T -Y =PEG 1 T-0 mIMW •'l l r _ -\ BEARING WALL L�------SSL_-"' Alf AMAMI., MA (11'-6•) Du LIVING ROOM xx.,, SO. F7. MC . 12 WOW .-„ 20' ]' 7 I Prepared by: Lawrence 0. McDermott RCE/PLS 18075 LaVentana Murrieta, Ca. (909)304-0111 Fax (909)696-5218 e-mail Pltesote.ne( TOTAL 998 S.F. 634 S.F. FIRST FLOOR Prepared For: J 8 H Asset Property Mgt., Inc. 22875 Savi Ranch Parkway Suite •A• Yorbe Linda, Ce. 92887-4629 (714)974.0397 Fax (714)283-3225 BEARIN'; WALL 23 C.::- $0 n 364.5 TOTAL SO. FT. SECOND FLOOR CEtNG AREA 194 SO. FT. SECOND FLOOR CEILING AREA AT 7-0' 170.5 SO. FT. SECOND FLOOR CEILING AREA AT 6 -b'- - 4c•'- 27' -G" 4> 28 BATH 2 AB ■ ,a8 •7 E1 1 // - CT 1 / / / I i' I2P80&Ei! exDOar.oDR.raw1_-I7''E=J%Tn/0. M.1-5_ - .00R eI11 L - \_ -- 7 L 01 �. Sr IS a� ,77 ▪ 7 r GM_+µ Od.n <> 0, 364 S.F. SECOND FLOOR TKO1T>. Cottage Features CanSlllrrllou •204. Ili 11.1:. Exterior Wall Framing with h 'limber I lradeN %awe III .216. Ili 11.C. fiaterke Nall Framing 0111 Timber 'leaders Tit/m.110 •2x6, Tranxene Floor Jnhis •90min0) 312 10,1 Pilch 01111 1:10,'00.1 Roof line on 27 nide •\'enled. Attic 2(1 Ib. Rind wan •nual Glazed Vinyl \anions •7,ONII II INSOLATION VALUES. RI) Fiberglass Insulallnn In Flown R-11 FIM•rglass InsumlH w In Wails R-22 Insulation In Ceiling •'/INF, 1111NSu1.1Tlfn! VALIIIiS: K-22 FllergLms Insolation h, limes 0-19 Fiberglass Insulation in 201i Walls K-22 Insulation in Gelling • 1161 amp Electrical Service •IVala'r SAula)1F talo': at Tnllels and Sinks ElleTTOF •"Alasmdu" Siding 011h li-I:odlanr lair Ae rnis Per Il:n, •Seml-(1hrss 2 or 3-1•01111. FAierhe • 1:111ss -:\- Cm,r Ralyd I:onloslllnn Roofing •1,, F:1. 1'ndected Path, Receirlurle •li-P:ori $10101 Insulate,) Kinn Ihnrr and Rear lbw •sminal460,rsalOahe' Sollit Ther Coley Area •Ili Iherhang on Hoot *Slacked 'A indowt s l In Lis lug Won, NT •lllliowl Side Light Window al linlr)- Inferior •FlnlshrA 1/2' Ilr)srall'ILmughorrl • 1'n'hung Passage Doors 01111 \Innlsr•.n 111n1es •llollon Con: \\'anin:1w Ikon •Vaullyd Callings l'hnnrghod 01111 111gh li,lunic Laing R,nrm lalling •Iland 'Irsluml Wuxi. Dorn Ceiling, Throughout •111niug Rmrm Chandelier •I:nnop I Carpel 11111, gad, 1,R, OR. All llcdnonr AllrIe,, •Il,911r Che) ,lppllanr.•s: :111" t;as Fleet:landing Range. 13 1:15 FI._ Frost Free Refrigerator •Raised Pane) rahln0l.lhon 010 IknM;n• W all White Lined l'ahinelry and Onagers •301a1. Gas Water Ilealer • Cnlcnr:n, (1150 Ilrnonnnw healing Slslein will, Pllullens Ignllion IVC Ready) -•Ilnlll-In Ponlry o'er Ilan) • IIr,mhrd Chrome Finished Sint. *Dual Iaud•r \lelal Fonrrl 111,119 • Hr hthNho0sr Combo Rath I • I1:mk nl ilravicrs on Roller 11/des N Jnen Cabinet Per Plan *Chomp. Strip lights •Ilual la-,er \lel:d Faucets Owner Susan Moss 531 Pier Avenue Hermosa Beach, Ca. 90254 ,Project Address: 531 Pier Avenue DATE 'TENSED eC =SORPTION Or PENSIONS DRAWN BY WESTERN HOMES CORPORATION ICHECKED BY I APPROVED BY PLAN N° COTTAGE MOOLE "A"11 COMPUTER No. • C/OMCS/leund-ll TI CLE DATE FLOOR PLAN • ' SCALE- ELEVATION 2 DE EaE ti' -0' I 9'-0' I it• -O. TS-/ 480.5 SO. FT. SECOND FLOOR Prepared For: J & H Asset Property Mgt., Inc. 22875 Savi Ranch Parkway Suite "A' Yorba Linda, Ca. 92887-4629 (714)974-0397 Fax (714)283-3225 682 50. FT FIRST FLOOR Prepared by: }.awrefCe O: McDermott RCE/PLS 18075 LaVentana Murrieta, Ca. (909)304-0111 Fax (909)696-5218 s-ntell1 Owner Swan Moss 531 Pier Avenue Hermosa Beach, Ca. 90254 Project Address: 531 Pier Avenue Dolt NstD 9Y oESCR,MIN Of REVISIONS 78A MC,VEREOUESW, WESTERN HOMES CORPORATION PLAN No. TS -1 MOOLE 1111 C/DWCS/bund-t2 COMPUTER No. C/OWCS/round-D TITLE ELEVATION FLOOR PLAN DRAWN BY [ CHECKED BY I APPROVED BY DATE 1 SCALE • • November 2, 1999 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council November 9, 1999 SUBJECT: GROUND LEASE TO DESIGN, DEVELOP, MAINTAIN AND OPERATE A RETAIL BUILDING ON CITY OWNED PROPERTY AT 1303 HERMOSA AVENUE AND APPEAL OF ENCROACHMENT PERMIT OVER CITY PROPERTY Recommendation: That the City Council approve the ground lease with the following conditions: 1. Initial ground lease rate at $21,000 per year. 2. CPI lease adjustments assessed every five years (maximum 15% each assessment). 3. Ground lease escalator assessed every five years at 12.5% of the effective gross rent receipts but not less than the CPI adjusted ground lease. 4. Off-site improvements consistent with the attached plan. • 5. Exterior building finish consistent with the abutting City parking structure interior. 6. Reimbursements to the City for site work (electrical and telephone conduit and sewer lateral) 7. Approve an appeal to an encroachment permit for a 2'-6" encroachment at the second floor level of the project and related ground level encroachments shown on the attached plan. Background: On June 7, 1999 the City Council reviewed three proposals to ground lease city owned property to develop and operate a retail building at 1303 Hermosa Avenue in connection with a Request for Proposal issued on May 3, 1999. The development team of Peha Associates and Triwell Properties was selected to develop the project. The subject property is a 2,280 square foot remnant parcel created from development of the North Pier Parking Structure. In selecting the project developer, the Council directed staff to: • Negotiate terms for a 50 year ground lease commensurate with the fair market value for the property and to ensure that project plans include site improvements with special paving landscaping and lighting consistent with the Lower Pier Avenue streetscape improvements and compatible with egress from the City's parking structure. • Ensure that the exterior building finish is consistent with the abutting City parking structure interior and that the ground lease includes reimbursements for installation of a lateral sewer line and conduits installed by the City during construction of the parking structure. Analysis: The intent of the ground lease is to provide a site for the development and operation of a retail building. Development of the retail building will provide aesthetic benefits by creating continuous pedestrian retail frontage along Hermosa Avenue consistent with the rest of the downtown and financial benefits through ground lease revenues, sales tax and property tax revenues to the City. The developer proposes a $21,000 annual ground lease with five year CPI adjustments. Staff is recommending additional ground lease adjustments every five years at 12.5 % of the effective gross rents the property achieves, but not less than the CPI adjusted ground lease every five years. 12.5% is based on the effective gross rental income for the project, less vacancy. (The annual gross effective rental income is $167,827 and the ground lease is based on approximately 12.5% of the effective gross building rental income.) This adjustment will enable the City to share in the successes of the businesses and property operation. The above adjustments enable the developer to absorb the start up costs associated with the project at the ground lease value they have indicated is acceptable, /_ • • but enable the City to achieve a higher ground lease after the first five years to keep pace with rental levels in the area as they occur. A five year rent resetting cycle is consistent with the rent schedule proposed by the project developer for building tenants. Reconsideration of the ground lease in this manner will enable the City to be current with any significant increase in property values that may occur in the downtown over the long term and with significant changes in the CPI. The Council's selection of the project developer was predicated on obtaining the best project design and best development in concert with reasonable rental revenue. The Peha/Triwell project was the preferred design by City Council although it provided a slightly lower return then the project with the highest proposed lease value. The City retained Lea Associates to provide appraisal services for the property. Lea Associates indicated that the fair market value for the ground lease was $28,000 per year. Achieving the appraised value of $28,000 per year is not possible according to the developer, due to the actual construction costs which have been more fully evaluated over the past three months. The difference in ground lease value is partly due to the difference in expected construction costs between the Lea Associates appraisal and the developer's revised estimated construction costs. The project plans have also been more fully developed providing a better estimate of costs. When the increased construction costs are factored into the proforma for ground leasing the property, the appraised value is not attainable according to the developer. The developer has increased the ground lease value by 16% over the initial proposal based upon the most current negotiations with ground floor tenants. Staff believes that it may not be possible to develop the project approved by Council at a lower construction cost and the tenant lease values appear to be consistent with prevailing rents in the area. (Please see attached proforma.) The small project site also has some impact on tenant lease values. Therefore the Council may want to consider a lower ground lease value initially, but provide the option for lease escalations based upon the performance of the project and area real estate values. The project also requires processing of an encroachment permit to accommodate a 2'-6" second level cantilever of the building. Approval of encroachments which deviate from established criteria can only be granted through appeal to the City Council. Staff is recommending approval of the encroachment permit by minute order. Concur: Stev k110 City anager Attachments: 1. Ground Lease & Site Plan 2. Rent / Land Lease Summary & Cost Estimate 3. Encroachment Permit & Plan H:/prkretail VdtUAIMA Sol Blumenfeld, pirector Community Development Department 2 • . BACKGROUND MATERIAL • s TABLE OF CONTENTS (TO BE UPDATED] Article Page 1. LEASE OF PROPERTY 1 2. LEASE REVIEW OBLIGATIONS OF LANDLORD AND TENANT 1 3. DEFINITIONS. 1 4. EXHIBITS AND ADDENDA. 2 5. SITE PLAN 2 6. DELIVERY OF POSSESSION. 2 7. TENANT'S WORK. 2 8. PROPERTY TAXES. 3 9. RENT. 3 10. QUIET ENJOYMENT, TITLE, POSSESSION AND USE. 4 11. UTILITIES SERVICES . 5 12. INDEMNITY 5 13. INSURANCE. 6 14. TENANT'S RIGHT TO MAKE ALTERATIONS . 6 15. REPAIR AND MAINTENANCE OF THE PROPERTY 7 16. MECHANICS' LIENS 7 17. SURRENDER OF PROPERTY UPON TERMINATION. 7 18. ASSIGNING, MORTGAGING, SUBLETTING, CHANGE IN OWNERSHIP. 8 19. TENANT'S FIRST RIGHT OF REFUSAL TO PURCHASE THE PROPERTY 8 20. CASUALTY DAMAGE AND RECONSTRUCTION 8 21. EMINENT DOMAIN. .9 22. PARKING AND COMMON AREAS 10 23. DEFAULTS 10 24. ATTORNEYS' FEES. 11 25. SUBORDINATION - ATTORNMENT. 11 26. CAPTIONS . 12 27. NOTICES. 14 28. OBLIGATIONS OF SUCCESSORS. 14 29. CONSENT OF LANDLORD AND TENANT 14 1 L:\Vol1\JAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 30. QUIET POSSESSION. • 15 31. HAZARDOUS WASTE 15 32. MISCELLANEOUS 15 33. AGENT DISCLOSURE. 15 2 L:\Vo11VAR\F930-2.RED.WPD Y rev. 10/22/99 1303 Hermosa Ground Lease s t DRAFT GROUND LEASE REDLINED This Lease between The City of Hermosa Beach ("Landlord"), and 1301 1'13031 Hermosa Avenue, LLC ("Tenant") is dated for reference purposes , 1999. 1 LEASE OF PROPERTY. In consideration of the Rent (as defined at Section 9) to be paid by Tenant and the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Property shown by diagonal lines on the plan attached hereto as Exhibit "A-1", and further described in Section 3( 1'3(h)1. 2 LEASE REVIEW OBLIGATIONS OF LANDLORD AND TENANT. Landlord and Tenant acknowledge and agree that each has the responsibility to personally review and approve the contents of this Lease and to have this Lease reviewed, approved, and modified as needed by its attorneys before the Lease is signed. DEFINITIONS. As used in this Lease, the following terms have the following meanings: (a) Applicable Requirements: The term "Applicable Requirements" shall mean all laws, rules, regulations, ordinances, requirements, directives, covenants, of the United States or the State, County and City where the Property is located, or of any other lawful authority, and any easements and restrictions of record, permits, the requirements of any applicable fire insurance underwriter or rating bureau, - - - - - - - - -- -- - = = ' = = = = = =' = - , relating in any manner to the Property (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, undcr or about the Property, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance), now in effect or which may hereafter come into effect. (b) Commencement Date: The Lease shall commence after the conditions set forth in Exhibit "B-1", have all been fully completed and satisfied. Upon the Lease commencement, Landlord and Tenant shall execute a statement confirming the "Commencement Date" and a copy of said statement shall be attached to this Lease as Exhibit "B-2." Tcnant's Tcntative Commenccmcnt Datc (Articic 6) i3: Octobcr 18, 1000. (c) Index (Section 9(b)): The United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, Los Angeles/Anaheim/Riverside, Average, Subgroup "All Items" (1982 - 1984 = 100). 3 L:\Vol 1 \JAR\F930-2.RED. WPD 1303 Hermosa Ground Lease rev. 10/22/99 • • • • (d) Landlord's Mailing Address: City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, California 90254, Attention: City Manager. (e) Minimum Annual Rent (initial) (Section 9(a)): $ per year, payable in twelve (12) equal monthly installments each year. (f) = . = . = _ [Tentative Commencement Date (Article 6): January 31, 2000 (g) Outside Commencement Date] (Article 6): January 31, 2000. fg)Ith I Property: An unimproved vacant lot of approximately 2,280 square feet, shown by diagonal lines on Exhibit "A-1", located at 1301 113031 Hermosa Avenue, Hermosa Beach, California. The Property has dimensions of approximately 95 feet in frontage and approximately 24 feet in depth. Upon construction of the Building and the Tenant's Work, the "Property" shall also include any improvements made to such land, whether by Tenant or by any subtenant or other party. fh )j(i11 Parking Structure: The Property is located immediately east of a public parking structure, ("Parking Structure") that is operated by Landlord. {+11(1)1 Rent Commencement Date: The date following the Commencement Date of the Lease when Tenant shall start paying monthly installments of the Minimum Annual Rent to the Landlord. €!(k)1 Security Deposit: $ ("Security Deposit")l, being equal to one month's rent]. (Also see Section 10) )r(11 Tenant's Building: Tenant intends to design, build and operate a three story commercial building ("the Building") on the Property. Details concerning the Building are set forth in Exhibit C. fHIIm)1 Tenant's Mailing Address: fm -)[(n)1 Tenant's First Adjustment Date (Section 9(b)): The first day of the calendar month following the Commencement Date plus 60 months. fn-)j(p l Tenant's Use Clause (Article 11): The Property shall be developed by the Tenant and the Building leased to commercial sub -tenants. T-hc-building[; provided, however, subject to the provisions of Section 11, the ground floor shall be used only for retail sales and restaurant uses, and other uses approved by Landlord in its reasonable discretion which encourage pedestrian activity on the street, and the upstairs floors] shall be used for commercial :. . - : . (and office uses, and for no other purposes. In addition, the building shall not be used any purposes inconsistent with commercial purposes under C-2 zoning.) 4 L:\V011\JAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease —C-- (o)1(p)1 Term: The Term of this Lease shall begin as of the Commencement Date and shall continue thereafter for a period of fifty (50) years (plus any partial month) following the Commencement Date. 4 EXHIBITS AND ADDENDA. The exhibits and addenda listed below are incorporated by reference in this Lease: (a) Exhibit "A" - 1. Site Plan of the Property, Parking Structure and adjacent improvements 2. Site Plan of the Property (b) Exhibit "B" - 1. Conditions for Lease Commencement - Landlord and Tenant 2. Statement of Lease Commencement (Sample until replaced upon Commencement) (c) Exhibit "C" - Landlord's Work and Tenant's Work (Design and Construction of the Building) (d) Exhibit "D" - Option to Extend Term 5 SITE PLAN. The site plan of the Property, attached as Exhibit "A-1", shows among other things the exact location of the Property, the Parking Structure and the public improvements adjacent to both. 6 DELIVERY OF POSSESSION. Landlord possession of the Property promptly upon sub3tantiot eemplction of Landlord's and Tcnant'3 'Upon execution of this Lease, Landlord and Tenant will diligently take any actions necessary to complete the conditions for which they are responsible as specified in Appendix B and to cause the Commencement Date to occur. Upon the occurrence of the ]Commencement Date, Landlord shall net 'deliver to Tenant, and Tenant shall accept from Landlord, possession of the Property. If, for any reason outside of the control of the parties, the Commencement Date does not occur on or before the Tentative Commencement Date, then neither party shalll be subject to any liability for 3uchfailurc, and the validity of this Lease shall not be impaire , - - • . Notwithstanding anything to the contrary contained herein, ifLandlord does not deliver possession of the Property to Tenant 'due to circumstances outside of the control of the parties, the Commencement Date does not occurl on or before the Outside Date for Delivery of • . i :------- - :: - - :- -- : - .'Commencement Date, either party shall have the right to terminate this Lease without liabilitv.1 7 TENANT'S WORK. Tenant shall commence construction of Tenant's Work as defined in Exhibit "C" no later than 60 days from the date of - - : - : - - _ -- _ - . - :• :: :'delivery of possession of the Property by Landlord to Tenant, and Tenantl shall diligently complete Tenant's Work. Landlord shall give Tenant not less than 5 days' advance notice of such anticipated date of substantial completion of Landlord's Work. 8 PROPERTY TAXES. Tenant shall pay, prior to delinquency, all real property taxes, whether general, special, ordinary or extraordinary, possessory interest taxes (as defined and provided in Section 107 et seq., of the California Revenue and Taxation Code), and any license fee, commercial rental tax, improvement bond or 5 L:\Voll \JAR\F930-2.RED.WPD 1303 Hermosa Ground Lease 7 rev. 10/22/99 •• • . bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Property and the improvements thereon, by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitarytire,street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord in the Industrial Center jPropertyl or any portion thereof, Landlord's right to rent or other income therefrom, and/or Landlord's business of leasing the Property (collectively, "Real Property Taxes"). The term "Real Property Taxes" shall also include any tax fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in any Applicable Requirements taking effect, during the term of this Lease, including but not limited to a change in the ownership of the Property or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. and assessments levied or assessed upon the Property during the term of this Lease. For any partial tax year during the term hereof, such amount shall be prorated on a time basis. With respect to any assessments which may be levied against or upon the Property, or which under the laws then in force may be evidenced by improvement or other bonds, or which may be paid in annual installments, only the amount of such annual installment (with appropriate proration for any partial year) and statutory interest shall be included within annual taxes and assessments. 9 RENT. (a) Payment of Minimum Annual Rent. Tenant agrees to pay the Minimum Annual Rent during the Term. Minimum Annual Rent shall be payable in advance on the first day of each calendar month of the Term without notice, setoff or deduction in twelve (12) equal monthly installments during each 12 months of the Term. If the Term begins (or ends) on other than the first (or last) day of a calendar month, the Minimum Annual Rent for the partial month shall be prorated on a daily basis, based on a 30 day month. The Rent Commencement Date shall be either the date Tenant receives the Certificate of Occupancy for the completion of the Building, or the date six (6) months after the Com emeat Dete of Lease jdelivery of possession of the Property to Tenant in accordance with Section 61, whichever occurs first. (b) Adjusted Minimum Annual Rent (i) The Minimum Annual Rent set forth at Section 3(e) shall be adjusted every sixty (60) months (the "Adjustment Date"), commencing on Tenant's First Adjustment Date. Adjustments, if any, shall be based only upon increases ( if any) in the Index during the previous sixty (60) months. The index in publication three (3) months before the Commencement Date shall be the "Base Index" for the first adjustment (and for all subsequent adjustments, the Comparison Index used sixty months prior to the Adjustment Date shall be the new "Base Index"). The Index in publication three (3) months before each Adjustment Date shall be the "Comparison Index." As of each Adjustment Date, the Minimum Annual Rent payable during the ensuing sixty (60) month period shall be determined by increasing the initial Minimum Annual Rent by a percentage equal to the percentage increase, if any, in the applicable Comparison Index over the Base Index . In any event, if the percentage increase is less than percent, then there shall be a minimum increase in the Minimum Annual Rent equal to _ percent over the Minimum Annual Rent for the previous sixty (60) month period. When the Minimum Annual Rent payable as of each Adjustment Date is determined, Landlord shall promptly give Tenant written notice of such adjusted Minimum Annual Rent. The Minimum Annual Rent., as so adjusted from time to time, shall be the "Minimum Annual Rent" for all purposes under this Lease. (The City may want a different mechanism L:\Voll \JAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease F for adjusting the Minimum Annual Rent, such as increasing the rent to fair market rent --Jeff Rabin.] (ii) If at any Adjustment Date the Index no longer exists in the form described in this Lease, Landlord may substitute any substantially equivalent official index published by the Bureau of Labor Statistics or its successor. Landlord shall use any appropriate conversion factors to accomplish such substitution. The substitute index shall then become the "Index" hereunder. (c) Late Charges. Tenant acknowledges that its late payment of any monthly installment of Minimum Annual Rent will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of which is extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, loss of use of money, administrative and collection costs, and processing and accounting expenses. Therefore, if any installment of Minimum Annual Rent is not received by Landlord from Tenant by the tenth (10th) day of the month for which such installment is due, Tenant shall pay to Landlord a late charge equal to 6% of such installment. Such late charge shall be in addition to any interest due pursuant to Section 34 hereof. Landlord and Tenant agree that this late charge represents a reasonable estimate of costs and expenses incurred by Landlord from, and is fair compensation to Landlord for its loss suffered by, such nonpayment by Tenant. (d) Place for Payment of Rent. All Rent and other payments due under this Lease shall be paid by Tenant to Landlord at Landlord's office, or at such other place as may from time to time be designated by Landlord in writing at least 10 days prior to the next ensuing payment date. 10 SECURITY DEPOSIT. Tenant shall deposit with Landlord upon Tenant's execution hereof the Security Deposit set forth in Section 3(j) 13(k)1 as security for Tenant's faithful performance of Tenant's obligations under this Lease. If Tenant fails to pay Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Section 23(a)), Landlord may use, apply or retain all or any portion of said Security Deposit for the payment of any amountdue Landlord or to reimburse or compensate Landlord for any liability, cost, expense, loss or damage (including attorneys' fees) which Landlord may suffer or incur by reason thereof. If Landlord uses or applies all or any portion of said Security Deposit, Tenant shall within ten (10) days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Minimum Annual Rent increases during the term of this Lease, Tenant shall, upon written request from Landlord, deposit additional monies with Landlord as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Minimum Annual Rent as the initial Security Deposit bears to the initial Minimum Annual Rent set forth in Section 3(e). Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Landlord shall, atthe expiration or earlier termination of the term hereof and after Tenant has vacated the Property return to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest herein), that portion of the Security Deposit not used or applied by Landlord. Unless otherwise expressly agreed in writing by Landlord, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Tenant under this Lease. 11 QUIET ENJOYMENT, TITLE, POSSESSION AND USE. (a) Landlord covenants that Tenant, upon paying the rents reserved herein and performing the covenants and agreements hereof, shall peaceably and quietly have, hold and enjoy the Property, and all rights, easements, appurtenances and privileges thereunto belonging or in any wise appertaining, during the '7 L:\Vo1lVAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 9 full term of this Lease, and any extensions or renewals hereof, without hindrance from Landlord or any other person or entity. (b) Upon execution of this Lease, Landlord shall deliver to Tenant a CLTA leasehold policy of title insurance with liability limits no less than $250,000, issued by a title company selected by Tenant, insuring Tenant's interest under this Lease subject only to non -delinquent real property taxes. Tenant shall pay the premium for such title insurance policy. (c) Tenant shall use the Property solely for the purposes set forth in Tenant's Use Clause (Scction3(n)[(Section3(o))1, and for no other purposes whatsoever'; provided, however, if it is commercially necessary to change the ground floor use from restaurant and retail sales to a different use, Tenant may so change such use. It shall be considered commercially necessary to change such use if the ground floor is if the market conditions are such that there is a high vacancy rate for commercial properties in the downtown Hermosa Beach area and it is not commercially practicable to expect to find a retail or restaurant tenant for the ground floorl. In addition, Tenant shall, during the Term, keep the Property in a clean and properly maintained condition for a property of its age and use, and shall comply with all health and police regulations. All trash and rubbish of Tenant shall be deposited only in receptacles placed in the location in the Parking Structure designated by Landlord for such receptacles, and no other trash receptacles shall be permitted to remain outside the Property or Building ((except to the extent exterior trash receptacles are required by the City of Hermosa Beach as a condition of approval of a permit for sidewalk table dining in the public right of way)). Tenant shall cause such receptacles to be emptied frequently. (d) Tenant's Compliance with Applicable Requirements. Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner, comply with all Applicable Requirements. Tenant shall not use or permit any person to use the Property for any use or purpose in violation of any Applicable Requirements. Tenant shall, [as soon as practicable] after receipt of Landlord's written request, fbut, in any event, within thirty (30) days,) provide Landlord with copies of all documents and information, including but not limited to permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Requirements specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Property to comply with any Applicable Requirements. (e) Inspection; Compliance with Law. Landlord, Landlord's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trustor ground leases on the Property ("Lenders") shall have the right to enter the Property at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Property and for verifying compliance by Tenant with this Lease and all Applicable Requirements, and Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord with respect to Tenant's activities, including but not limited to Tenant's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Property. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Tenant, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Tenant shall upon request reimburse Landlord or Landlord's Lender, as the case may be, for the costs and expenses of such inspections. 8 L:\Voll\JAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 12 UTILITIES SERVICES. Landlord agrees that to the extent provided for in Exhibit "C" hereof, it will initially make available to Tenant facilities for the removal of trash and sewage and the delivery to the Property of water, electricity, telephone service and natural gas. 13 INSURANCE. (a) Tenant's Insurance Obligations. Tenant shall, from and after the earlier of (a) substantial completion of Landlord's Work in the Property, or (b) commencement of any of Tenant's Work in the Property, and for the reminder of the Lease Term maintain, at its expense, the following types of insurance coverage, in the amounts specified and in the forms hereinafter provided for: (i) LIABILITY INSURANCE. Commercial general liability insurance (sometimes known as comprehensive general liability insurance) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the operation, use or occupancy of the Property. Such policy shall be an occurrence form and shall include Owner's and Contractor's Protective Liability with respect to construction of improvements by Tenant on the Property. Tenant shall name Landlord as an additional insured under such policy. The initial amount of such insurance shall be not less than $2,000,000 per occurrence (combined single limit). The liability insurance obtained by Tenant under this Section shall (1) be primary and non-contributing; (2) contain cross -liability endorsements; and (3) insure Landlord against Tenant's performance under Section 14(a). The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. (ii) PLATE GLASS. Insurance covering the full replacement cost of all plate glass on the Property. Tenant shall have the option to self -insure this risk. (iii) BUILDING AND IMPROVEMENTS. Insurance covering all of the items specified as "Tenant's Work" in Exhibit "C", the Building, Tenant's leasehold improvements, alterations, additions or improvements permitted under Article 15, and trade fixtures, merchandise and personal property from time to time in, on or upon the Property. Such insurance shall cover not less than 100% of the full replacement cost of the foregoing from time to time during the Term, and shall provide protection against any peril included within the classification of fire, extended coverage, sprinkler leakage, vandalism, theft, malicious mischief and special extended perils (all risk). Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed. Such policy shall name Landlord and any mortgagee of the Property as the loss payee, as their interest may appear, and shall be appropriately endorsed to that effect. (iv) RENTAL VALUE. Tenant shall also obtain and keep in force during the term of this Lease [either: (A) a policy of business interruption insurance, with terms and coverages acceptable to Landlord in its reasonable discretion; or (B)l a policy or policies[,1 in the name of Landlord, with loss payable to Landlord, insuring the loss of the full rental and other charges payable by Tenant to Landlord for one year (including all Real Property Taxes, insurance costs, and any scheduled rental increases). Said insurance may provide that in the event the Lease is terminated by reason of an insured loss, the period of indemnity for such coverage shall be extended beyond the date L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease // • • _• • of the completion of repairs or replacement of the Property, to provide for one full year's loss of rental revenues from the date of any such loss. Said insurance shall contain an agreed valuation provision in lieu of any co-insurance clause, and the amount of coverage shall be adjusted annually to reflect the projected rental income, Real Property Taxes, insurance premium costs and other expenses, if any, otherwise payable, for the next 12 -month period. (v) GENERAL INSURANCE PROVISIONS. (A) Any insurance required to be maintained by Tenant hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days' written notice prior to any cancellation or modification of such coverage. (B) A copy of the policy or a certificate of the insurer or the insurer's legal representative evidencing the existence and amount of each insurance policy required of Tenant hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Property, and thereafter at least 30 days prior to the expiration of any such policy. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after 30 days' written notice to Landlord. If Tenant fails to deliver any such evidence of insurance to Landlord required under this Lease within the prescribed time period or if any such policy is canceled or modified during the Lease Term without Landlord's consent, Landlord may obtain such insurance coverage. in which case Tenant shall reimburse Landlord for the cost of such insurance within fifteen (15) days after receipt of a statement therefor. (C) All insurance shall be maintained with companies holding a "General Policy Rating" of B+ VII or better, as set forth in the most current issue of "Best's Key Rating Guide." Landlord and Tenant acknowledge the insurance markets are rapidly changing and that insurance in the form and amounts described in this Section may not be available in the future. Tenant acknowledges that the insurance described in this Section is also for the benefit of Landlord. If at any time during the Lease Term, Tenant is unable to maintain the insurancerequired under the Lease, Tenant shall nevertheless maintain insurance coverage which is customary and commercially reasonable in the insurance industry for Tenant's type of interest, as that coverage may change from time to time. (b) Landlord's Insurance Rights. Landlord shall also have the right, but not the obligation, to maintain such additional types and coverage of insurance (including business interruption insurance) as are customary, prudent or reasonable for owners of leased commercial land. Tenant shall pay to Landlord, as additional rent, the premiums incurred by Landlord on account thereof or the amount of contributions to a joint powers authority risk fund paid by Landlordf, on the condition that such premiums are reasonablel. 14 INDEMNITY. (a) Indemnification by Tenant. Tenant shall indemnify, defend, protect, and hold Landlord harmless from any claim, cause of action, judgment, liability or damages arising out of: (a) Tenant's use and occupancy of the Property, or the use or occupancy of the Property by any subtenant or licensee of 10 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease l2,.`_ Tenant; (b) the conduct of Tenant's business or any work, activity or other things allowed or permitted by Tenant to be done in or on the Property (whether by Tenant or any subtenant); (c) any breach or default in the performance of any of Tenant's obligations under this Lease; (d) any misrepresentation or breach of warranty by Tenant under this Lease; and/or (e) any other acts or omissions of Tenant, its subtenants, licensees, agents, employees, invitees or contractors. Tenant shall, at Tenant's expense, and by counsel satisfactory to Landlord, defend Landlord in any action or proceeding arising from any such claim or liability and shall indemnify Landlord from and against all costs, attorney's fees, expert witness fees and any other expenses incurred in such action or proceeding. As a material part of the consideration for Landlord's execution of this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Property from any cause,and Tenant hereby waives all claims in respect thereof against Landlord, except for any claim arising out of Landlord's gross negligence or intentional misconduct. (b) Waiver of Subrogation. Without affecting any other rights or remedies, Tenant and Landlord each hereby release and relieve the other, and waive their entire right to recover damages (whether in contract or in tort) against the other, for loss or damage to their property arising out of or incident to the perils required to be insured against under Section 13(a)(iii). The effect of such releases and waivers of the right to recover damages shall not be limited by the amount of insurance carried or required, or by any deductibles applicable thereto. Landlord and Tenant agree to have their respective insurance companies issuing property damage insurance waive any right to subrogation that such companies may have against Landlord or Tenant, as the case may be, so long as the insurance is not invalidated thereby. (c) No Liability of Landlord. Tenant, on behalf of itself, its subtenants, assignees, officers, agents, employees, customers, invitees, or third parties, hereby absolutely releases and discharges Landlord and Landlord's officers, agents, attorneys, and employees, for any loss of or damage to property, including goods, wares, and merchandise, for lost profits, or for injury or death to persons within the Property, from any cause whatsoever, except for the grow negligence or intentional misconduct of Landlord. Landlord shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers, or any other person within the Property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Property or upon other portions of the Property of which the Property are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Tenant agrees to indemnify and hold Landlord and Landlord's officers, agents, attorneys, and employees, harmless, no matter how arising or by whom caused, except for the loss or damage as may be caused by the gross negligence or intentional misconduct of Landlord. Tenant acknowledges that the provisions of Section 30 require Tenant to pay all Landlord's and Landlord's officers', agents', attorneys', and employees' costs, expenses, and fees resulting from any action associated with this loss, damage, injury, or death, unless caused by Landlord's gross negligence or intentional misconduct. Notwithstanding anything provided herein to the contrary, Landlord shall under no circumstances be liable for injury to Tenant's business or for any loss of income or profit therefrom. 15 TENANT'S RIGHT TO MAKE ALTERATIONS. 11 L:\Vol l VAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease /3 _• • • • (a) Tenant, during the term of the Lease, at its cost and expense, and consistent with all Applicable Requirements, codes, regulations and ordinances, may, and with Landlord's prior written consent, make such alterations, additions or changes to the improvements hereafter located on the Property as it may deem necessary or beneficial; provided, however, that without Landlord's prior written consent, (i) Tenant shall make no alterations, additions or changes to the Property which, upon completion thereof, shall rmateriallyj reduce the value of such portions of the Property below that prior to the commencement of such alterations, additions or changes; (ii) Tenant shall make no alterations or additions to the exterior of the Building fthat change the aesthetic appearance thereofl, and provided, further, Tenant shall fully and completely indemnify, defend, protect and hold Landlord and the Property harmless, against any mechanics' or other liens or claims in connection with the making of any such alterations, additions or changes. - - - - - Landlord may require the removal at any time of all or any part of any alterations or additions made without the required consent of Landlord. (b) Tenant shall not commence work on any alterations or additions which Tenant believes will entail a total cost in excess of $10,000 unless Tenant shall have given Landlord not less than 15 days prior written notice thereof, so that Landlord may post notices of non -responsibility in or on the Property as provided by law. 16 REPAIR AND MAINTENANCE OF THE PROPERTY. (a) Tenant's Obligations. Tenant shall, at its expense and at all times from and after substantial completion of the Building and the other improvements on the Property, repair, replace and maintain in safe, good and tenantable condition, the Building and the other improvements on the Property and every part thereof. (b) Landlord's Obligations. It is understood and agreed that Landlord is under no obligation to make any repairs, alterations, replacements or improvements to the Property. (c) Tenant's Failure to Maintain Property. If Tenant fails to repair or maintain the Property, or any part thereof, in a reasonably satisfactory manner, Landlord shall have the right (in addition to all other rights and remedies provided herein for Default of this Lease), upon giving Tenant reasonable written notice of its election to do so (and opportunity to cure, except in cases of emergency), to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event the cost of such work shall be paid to Landlord by Tenant as additional rent promptly following receipt of a bill therefor. 17 MECHANICS' LIENS. (a) Tenant's Covenants. Tenant shall pay all costs for work done by or for Tenant in the Property (other than Landlord's Work), and Tenant shall keep the Property free of all mechanics' liens and other liens on account of work done for Tenant except for Tenant's construction financing. Tenant shall cause all mechanics liens to be released, by bond, or otherwise, within 30 days after the filing of same. Tenant shall indemnify, defend and hold Landlord and the Property harmless from and against any and all liability, loss, damage, costs, attorneys' fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to or for Tenant. 12 L:\Voll \JAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease /l (b) Tenant's Contest of Lien. If Tenant desires to contest any claim of lien arising from work done by or for Tenant in the Property, Tenant shall first furnish Landlord adequate security in the amount of the claim, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount, conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of any such lien for any amount is entered, Tenant shall immediately pay and satisfy such judgment. (c) Landlord's Right to Cure. If Tenant is in default in paying any charge for which a lien claim and suit to foreclose the lien have been filed, and Tenant has not given Landlord adequate security to protect the Property and Landlord from liability for such claim of lien, Landlord may (but shall not be required to) pay the claim and any associated costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such payment shall be immediately due and owing from Tenant to Landlord. (d) Notice of Lien. If any claim of lien is filed against the Property or any action affecting the title to the Property or the property therein is commenced, the party receiving notice of such lien or action shall immediately give the other party written notice thereof. 18 SURRENDER OF PROPERTY UPON TERMINATION OF LEASE. All improvements to the Property made by or for Tenant, excluding Tenant's Personal Property, but including the Building and all mechanical systems, light fixtures, floor coverings and partitions and all other items comprising Tenant's Work pursuant to Exhibit "C" (collectively referred to as "Improvements"), shall become the property of Landlord upon expiration or any earlier termination of this Lease. Tenant shall surrender the Property in broom -clean condition, free of debris and with all plumbing, electrical, and mechanical systems in good operating order, condition and state of repair, subject to the effects of ordinary wear and tear arising from normal use and the lapse of time and of fire or other casualty as provided for herein. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant's Trade Fixtures, furnishings, equipment, and as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by applicable law and/or good practice. Tenant's Personal Property shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Property per this Lease. 19 ASSIGNING, SUBLETTING, CHANGE IN OWNERSHIP. (a) Sublease. Except as provided in Section 19(b), Tenant has the right, at any time and from time to time, to sublease all or any part of the Property and any part of the improvements on the Property to subtenants that shall occupy such premises for conduct of their business therefrom. No sublease shall release Tenant from Tenant's liability hereunder. : (b) Restrictions on Transfer. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage or otherwise transfer or encumber, . = = = • = = options) (collcctivcly, "Transfcr") all or any part of Tenant's interest in this Lease or in the Property, or sublease more than 50% of the ground floor area of the improvements on the Property (collectively, "Transfer")]without Landlord's prior written consent given under and subject to the terms of Paragraph 36. 'Landlord's consent to any Transfer shall not unreasonably be withheld or 13 L:\Vol l VAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease -• • • • delayed.] If Tenant desires to effect a Transfer to anyone (a "Transferee"), Tenant shall give written notice ("Transfer Notice") to Landlord at least 30 days before the effective date of any such proposed Transfer. A change in the control of Tenant shall also constitute a Transfer requiring Landlord's consent. The transfer, on a cumulative basis, of twenty-five percent (25%) or more of the voting control of Tenant shall constitute : - - - : - - - - - - - - [Transfer for this purpose; provided, however, a transfer of the voting control of Tenant to or among the existing members of Tenant (viz., ), to an intervivos trust in which such existing members are the trustees of such trust, to the spouse, or to the children of any such existing members, shall not constitute a "Transfer" (although Tenant shall provide Landlord with written notice of such changes of control)]. The Transfer Notice shall state (a) whether Tenant proposes to assign the Lease or change ownership, (b) the proposed effective date of the Transfer, (c) the identity of the proposed Transferee, (d) all other material terms of the proposed Transfer. The Transfer Notice shall be accompanied by a copy of the proposed agreement documenting the Transfer, or if none, a copy of any offers, draft agreements, letters of commitment or intent and other documents pertaining to the proposed Transfer, and a certified financial statement of the proposed transferee. Landlord may, at any time within 30 days after its receipt of Transfer Notice, grant or withhold consent to such proposed Transfer (which consent shall not be unreasonably withheld under the business judgment standards set forth in Section 19(c), below) by mailing written notice to Tenant of its decision ("Decision Notice"). If Landlord consents to the proposed Transfer, Tenant may thereafter promptly effect a Transfer in accordance with the terms of Tenant's Transfer Notice. If Landlord consents to the proposed Transfer and Tenant does not consummate the proposed Transfer within 60 days after receipt of Decision Notice, the provisions of the first paragraph of this Section 19(b) shall again apply. (c) Grounds for Withholding Consent. Landlord may withhold consent to a proposed Transfer if, (i) the proposed Transferee lacks a good business reputation and sufficient relevant business experience to operate this Property; (ii) the net worth of the proposed Transferee, as of the date of Transfer Notice, is insufficient to support the normal operation of the Property or is less than that of Tenant as of the date of the Transfer Notice, (iii) if Tenant is in Default hereunder at the time of the Transfer Notice. (d) Transferee's Obligations. Each Transfer to which Landlord has consented shall be evidenced by a written instrument in form satisfactory to Landlord and Tenant, and executed by Landlord, Tenant and the Transferee. Each such Transferee shall agree in writing for the benefit of Landlord to assume, be bound by, and perform the terms, covenants and conditions of this Lease to be performed, kept or satisfied by Tenant, including the obligation to pay to Landlord all amounts coming due under this Lease. One fully executed copy of such written instrument shall be delivered to Landlord. Failure to obtain in writing Landlord's prior consent or otherwise comply with the provisions of this Article shall prevent any Transfer from becoming effective. (e) Release from Liability. Any Transfer, with Landlord's consent, shall relieve Tenant of Tenant's obligations under this Lease, and from its covenants and obligations hereunder during the Term, accruing from and after the date of the Transfer and the written assumption of Tenant's obligations hereunder by the transferee and the delivery of an original thereof to Landlord. Tenant is not released from obligations that accrue, or liabilities that arose, prior to the date of the Transfer. Any Transfer, without Landlord's consent, shall not relieve Tenant of Tenant's obligations under this Lease, and from its covenants and obligations hereunder during the Term. 14 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease (f) (g) Additional Provisions Concerning Transfers. Landlord may accept any rent or performance of Tenant's obligations from any person other than Tenant pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of any rent for performance shall constitute a waiver or estoppel of Landlord's right to exercise its remedies for the Default by Tenant of any of the terms, covenants or conditions of this Lease. In the event of any Default of Tenant's obligation under this Lease, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of the Tenant's obligations under this Lease, including any sublessee, without first exhausting Landlord's remedies against any other person or entity responsible therefor to Landlord, or any security held by Landlord. Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a non-refundable deposit of $1,000 or ten percent (10%) of the monthly Minimum Annual Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as reasonable consideration for Landlord's considering and processing the request for consent. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested by Landlord. Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (i) Tenant hereby assigns and transfers to Landlord all of Tenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Tenant, and Landlord may collect such rent and income and apply same toward Tenant's obligations under this Lease provided, however, that until a Default shall occur in the performance of Tenant's obligations under this Lease, Tenant may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such subleasej; and provided further, this assignment shall be subject and subordinate to any assignment of rents to any lender whose loan is secured by a first leasehold deed of trust encumbering Tenant's interest in this Lease, so long as such lender cures any monetary default under this Lease within 30 days after receipt of notice therefore from Landlordl. Landlord shall not, by reason of the foregoing provision or any other assignment of such sublease to Landlord, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Tenant to perform and comply with any of Tenant's obligations to such sublessee under such Sublease. Tenant hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Landlord stating that a Default exists in the performance of Tenant's obligations under this Lease, to pay to Landlord the rents and other charges due and to become due under the subleasef; provided, however, Landlord shall not send out such notice if any lender holds a first leasehold deed of trust encumbering Tenant's interest herein and the period of Landlord's 30 day notice to cure describe in the first sentence hereof has not expiredl. Sublessee shall rely upon any such statement and request from Landlord and shall pay such rents and other charges to Landlord without any obligation or right to inquire as to whether such Default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall have no right or claim against such sublessee, or, until the Default has been cured, against Landlord, for any such rents and other charges so paid by said sublessee to Landlord. 15 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease /% • • (ii) In the event of a Default by Tenant in the performance of its obligations under this Lease, Landlord, at its option and without any obligation to do so, may require any sublessee to attorn to Landlord, in which event Landlord shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Landlord shall not be liable for any prepaid rents or security deposit paid by such sub- lessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (Landlord shall not send out such notice requirement attornment, however, until expiration of the 30 day cure period to be provided to a lender as described in the first sentence of the • recedin (v)f(iii) As described in the first sentence of this subsection,) Landlord shall deliver a copy of any notice of Default by Tenant to the—sublcssee (any lender holding a first leasehold deed of trust encumbering Tenant's interest in this Leasel, who shall have the right to cure the Default of Tenant within the (301 grace period, if any, specified in such notice. The oublc3ace flenderl shall have a right of reimbursement and offset from and against Tenant for any such Defaults cured by the 3ublc33cc f lenderl. 20 CASUALTY DAMAGE AND RECONSTRUCTION. (a) Insured Casualty. If the Improvements are damaged by fire or other perils covered byTenant's fire and extended coverage insurance, then within 120 days after the date of such damage Tenant shall commence repair, reconstruction and restoration of the Property and diligently complete such repairs fin a commercially reasonable period of timel, in which event this Lease shall continue in full force and effect. Notwithstanding the foregoing, if there is partial or total destruction of the Property during the last 5 years of the Term, Tenant shall have the option to terminate this Lease by written notice to the Landlord given within 30 days after such destruction. For purposes of this option "partial destruction" shall mean destruction to the extent of 33.33% or more of the full replacement cost of the Property as of the date of destruction. (b) Uninsured Casualty. If the Improvements are damaged to any extent by act of war, nuclear reaction, nuclear radiation or radioactive contamination, or from any other casualty not covered by Tenant's fire and extended coverage insurance (including flood or earthquake damage if not covered under insurance maintained by Tenant), Tenant may within 90 days following the date of such damage, either (a) commence repair, reconstruction or restoration of the Property and diligently complete it in a commercially reasonable period of timel, in which event this Lease shall continue in full force and effect, or (b) elect not to repair, reconstruct or restore the Property, in which event this Lease shall cease and terminate as of the date of destruction. In either such event Tenant shall give Landlord written notice of its election hereunder within said 90 day period. (c) Reconstruction Responsibilities. Any reconstruction of the Property under this Article 21 shall conform to the provisions of Exhibit "C" and shall cover all work set forth therein as "Landlord's Work" and "Tenant's Work." Landlord shall reconstruct the Property only to the extent of Landlord's Work. Tenant, at its expense, shall reconstruct all items set forth as Tenant's Work. Tenant shall commence 16 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease reconstruction of Tenant's Work promptly upon delivery to it of possession of the Property by Landlord with Landlord's Work substantially completed and shall diligently complete Tenant's Work. (d) Release from Liability. Upon any termination of this Lease under any of the provisions of this Article 20 each party shall be released from further obligations to the other party under this Lease, except for any obligations which have previously accrued. In the event of termination of this Lease, all proceeds from Tenant's fire and extended coverage insurance under Section 13(a) covering the items set forth as "Tenant's Work" in Exhibit "C" and Tenant's leasehold improvements, but excluding proceeds for trade fixtures, furnishings, furniture, merchandise, signs and other personal property, shall be paid to Landlord and the holder of any first trust deed mortgage that is not an affiliate of Tenant, as their interest may appear. Landlord and Tenant agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Property (including the Building) with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent it is inconsistent herewith. 21 EMINENT DOMAIN. (a) Takings Resulting in Termination. If the entire Property is appropriated or taken (a "taking") under the power of eminent domain by any public or quasi -public authority (an "authority"), this Lease shall terminate as of the date of such taking. Any award for the taking of all or any part of the Property under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages, provided, however, that 1(i) Landlord and Tenant shall share equally the bonus value of Tenant's unexpired leasehold interest herein, (ii)1 Tenant shall be entitled to any compensation, separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures, and f(iii) Tenant shall be entitled to any compensation, separately awarded to Tenant, forl the unamortized cost of the Building Jimprovementsl. If 25% or more of the floor area of the Building is taken under the power of eminent domain by any authority, or if by reason of any taking, regardless of the amount taken, the remainder of the Property is not one undivided parcel of property, either Landlord or Tenant may terminate this Lease as of the date Tenant is required to vacate a portion of the Property, upon giving notice in writing of such election within 30 days after receipt by Tenant from Landlord of written notice that the Property have been so taken. Landlord shall promptly give Tenant notice in writing of any taking after learning of it. If more than 25% of the floor area of the Building is taken under the power of eminent domain by any authority, Landlord or Tenant shall have the right to terminate this Lease as of the date any such areas are to be initially vacated by giving Tenant written notice of such election within 30 days of the date of such taking. If this Lease is terminated as provided in this Section 21(a), Landlord and Tenant shall each be released from any further obligations to the other party under this Lease, except for any obligations which have previously accrued. (b) Takings Not Resulting in Termination. If both Landlord and Tenant elect not to exercise any right granted hereunder to terminate this Lease in connection with a taking, or the Lease is not terminable in connection with a taking, Tenant shall continue to occupy that portion of the Property which was not 17 L:\Vol I\AR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease /9 • • taken, and (a) at Landlord's cost and expense and as soon as reasonably possible, Landlord will restore the Property on the land remaining to a complete unit of like quality and character as existed prior to such taking; and (b) the Minimum Annual Rental provided for in Article 9 shall be reduced on an equitable basis, taking into account the relative value of the portion of the Property taken as compared to the portion remaining. Tenant hereby waives any statutory rights of termination which may arise by reason of any partial taking of the Property under the power of eminent domain. (c) Award. If this Lease is terminated under Section 21(a), or modified under Section 21(b), after repayment to any lender holding a first mortgage or first deed of trust encumbering the Property of the outstanding balance of their loan, Landlord shall receive the bonus value of Tenant's leasehold interest. The Rent and other charges for the last month of Tenant's possession shall be prorated and Landlord shall refund to Tenant any Rentor other charges paid in advance. Tenant and the subtenants shall also have the right to receive a condemnation award for the taking of their merchandise, Personal Property, goodwill, relocation expenses and/or interests in other than the real property taken, and shall not be affected in any manner by the award to the Tenant. (d) Transfer Under Threat of Taking. For the purposes of this Article 21, a voluntary sale or conveyance under threat of and in lieu of condemnation shall be deemed a taking under the power of eminent domain. 22 PARKING. Tenant, Sub -Tenants and customers of the Property shall be able to use the Parking Structure under the same terms and conditions as other local merchants and customers. This shall include the use of Monthly Permits and any other paying arrangement which may be available from time to time. 23 DEFAULTS. (a) Events of Default by Tenant. Each of the following shall constitute a material default and breach by the Tenant under this Lease (a "Default"): (i) If Tenant is at anytime in default of its obligation to pay any Rent or other charges, and such default continues for more than thrce (3) (seven (7)1 days after written notice of such default is delivered to Tenant; (ii) If Tenant is in default in the prompt and full performance of any other of its obligations under this Lease and such default continues more than 30 days after written notice specifying the particulars of such defaults, (provided. however, that in the case of a default which cannot with due diligence be cured within a period of 30 days, Tenant shall have such additional time to cure the same as may be reasonably necessary, as long as Tenant proceeds promptly and with due diligence to cure such default after receipt of said notice). (iii) If Tenant vacates or abandons the Property. (iv) The occurrence of any of the following events: (i) the making by Tenant of any general arrangement or assignment for the benefit of creditors; (ii) Tenant's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Property or of Tenant's interest in this Lease, where possession is not restored to Tenant within 18 L:\Vol l VAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease Zo thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Property or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Section is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (b) Events of Default by Landlord. The following shall constitute a material default and breach by the Landlord under this Lease: If Landlord is in default in the prompt and full performance of any other of its obligations under this Lease and such default continues more than 30 days after written notice specifying the particulars of such defaults, (provided, however, that in the the case of a default which cannot with due diligence be cured within a period of 30 days, Landlord shall have such additional time to cure the same as mat be reasonably necessary, as long as Landlord proceeds promptly and with due diligence to cure such default after receipt of said notice). (c) Remedies Upon Breach of Lease. If an event of default shall occur, this Lease and the Term hereof, at the option of the non -defaulting party, upon the date specified in a notice to the defaulting party, which date shall be not less than 3 days after the date such notice is given to the defaulting party, may be terminated. The non -defaulting party shall have all of its contractual rights hereunder, in addition to any other right or remedy which the non -defaulting party may have at law or in equity, and in the event that Landlord is the non defaulting party, it shall also have: (i) The right to terminate Tenant's right to possession and to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including the cost of receiving possession of the Property, expenses of reletting including renovation expense, attorney's fees and costs, real estate commissions, the worth at the time of award by a court of the amount by which the unpaid rent for the balance of the term after the time of the award exceeds the amount of the rental loss for the same period that the Tenant proves could be reasonable avoided, that part of the leasing commission paid by Landlord applicable to the unexpired term of the Lease, and any other amount necessary to compensate Landlord for the detriment proximately caused by Tenant's failure to perform its obligations. _ No acts of landlord to mitigate damages shall waive or reduce sums recoverable by Landlord pursuant to this Subsection 23(c), and Landlord shall have no obligation to mitigate damages; (ii) Maintain Tenant's right to possession and enforce all of Landlord's rights under the Lease, including the right to recover the rent as it becomes due; and/or (iii) Pursue any other remedy available to Landlord under applicable law. (d) No Waiver. j (1)1 The waiver by Landlord of any breach by Tenant of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition, of any subsequent breach thereof, or of any other term, covenant or condition of this Lease. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease or of any right of Landlord to a forfeiture of the Lease by reason of such breach, regard less of Landlord's 19 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 2/ knowledge of such preceding breach at the time of acceptance of such Rent. No term, covenant or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord. j(ii) The waiver by Tenant of any breach by Landlord of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition, of any subsequent breach thereof, or of any other term, covenant or condition of this Lease. No term, covenant or condition of this Lease shall be deemed to have been waived by Tenant unless such waiver is in writing and signed by Tenant.] (e) Limitation on Landlord's Liability. Landlord's liability under this Lease shall be limited to Landlord's interest in the Property and this Lease. If Tenant recovers any judgment against Landlord for a default by Landlord of this Lease, the judgment shall be satisfied only out of the interest of the Landlord in the property or any proceeds from the sale thereof, and neither Landlord nor any of its officers, councilmembers, directors, agents or attorneys shall be personally liable for any default or for any deficiency. 24 ATTORNEYS' FEES. If at anytime after the date hereof either Landlordor Tenant institutes any action or proceeding against the other relating to the provisions of this Lease or any default hereunder, the losing party in such action or proceeding shall reimburse the winning party for its reasonable expenses of attorneys' fees and all costs and disbursements incurred, including, without limitation, any such fees, costs or disbursements incurred on any appeal from such action or proceeding. Subject to the provisions of local law, the winning party shall recover all such fees, costs or disbursements as costs taxable by the court or arbiter in the action or proceeding itself without the necessity for a cross -action by the winning party. 25 SUBORDINATION - ATTORNMENT. (a) Subordination. Upon written request of Landlord, or any mortgagee or beneficiary of Landlord, Tenant shall, in writing, subordinate its rights hereunder to the interest of any future lien of any mortgage or deed of trust, recorded against the property after this Lease is fully executed by Landlord and Tenant, and as to all advances made or hereafter to be made thereon, provided, however, that, as a condition precedent to such subordination to such future encumbrance by Tenant, the mortgagee or trustee named in said mortgage ortrustdeed shall agree to execute a commercially reasonable nondisturbance agreement in favor of Tenant in a form acceptable to Tenant. The commercially reasonable nondisturbance agreement shall provide among other things that in the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust, upon any foreclosure or sale, Tenant agrees to recognize such beneficiary or purchaser as the Landlord under this Lease, provided such beneficiary or purchaser recognizes all of Tenant's rights and remedies under this Lease. (b) Attornment. If Landlord's interest in the Property is acquired by any beneficiary under a deed of trust, mortgagee or purchaser at a foreclosure sale, then Tenant shall upon request, attorn to such transferee of or successor to Landlord's interest in the Property and recognize such transferee or successor as Landlord under this Lease, provided such transferee or successor accepts the Property subject to this Lease. (c) Estoppel Certificate. Landlord or Tenant shall at any time, upon not Tess than fifteen (15) days prior written notice from the other party, execute, acknowledge and deliver to the other party a statement in 20 L:\Vol l UAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease iz- writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any perspective purchaser or encumbrance of the Property, or by any assignee or subtenant of Tenant. 26 CAPTIONS. The captions of the Articles and Sections of this Lease are for convenience only, are not operative parts of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 27 JOINT AND SEVERAL LIABILITY. If two or more persons or entities execute this Lease as Tenant then such persons or entities shall be jointly and severally liable for compliance with and performance of all the terms, covenants and provisions of this Lease. 28 NOTICES. Wherever this Lease requires or permits notice or demand to be given by either party to the other, such notice or demand shall be in writing and given or served either personally or in writing forwarded by certified mail, return receipt requested, addressed to the parties at the addresses specified in Section 3(d) and 3(I) f3(m)1 hereof. Either party may change such address by written notice to the other as herein provided. If any notices sent by regular mail, the notice shall be deemed given forty-eight (48) hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the United States Postal Service or courier. If any notice is transmitted by facsimile transmission or similar means, the same shall be deemed served or delivered upon telephone or facsimile confirmation of receipt of the transmission thereof, provided a copy is also delivered via delivery or mail. If notice is received on a Saturday or a Sunday or a legal holiday, it shall be deemed received on the next business day. 29 OBLIGATIONS OF SUCCESSORS. Except as otherwise provided herein, all of the provisions of this Lease shall bind and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and assigns. 30 HAZARDOUS SUBSTANCES. (a) Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, chemical material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Property, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Property; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof. Tenant shall not engage in any activity in or about the Property which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord and compliance in a timely manner (at Tenant's sole cost and expense) with all applicable law. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice registration or business plan is required 21 L:\Vo11VAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 23 to be filed with, any governmental authority, and (iii) the presence in, on or about the Property of a Hazardous Substance with respect to which any Applicable Requirements require that a notice be given to persons entering or occupying the Property or neighboring properties. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Permitted Use, so long as such use is not a Reportable Use and does not expose the Property or neighboring properties to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon Tenant's giving Landlord such additional assurances as Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Property and the environment against damage contamination or injury and/or liability therefor, including but not limited to the installation (and at Landlord's option removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Property (such as concrete encasements) and or the deposit of an additional Security Deposit under Section 10 hereof. Tenant shall be liable to Landlord for any and all clean-up costs and ariy and all other charges, fees, or penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, transportation, generation, storage, and /or sale of Hazardous Substances in or about the Property. (b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Property or the Building, other than as previously consented to by Landlord, Tenant shall immediately give Landlord written notice thereof, together with a copy of any statement, report, notice, registration application, permit, business plan, license, claim, action, or proceeding given to, or received from, any governmental authority or private party concerning the presence, spill, release, discharge of, or exposure to, such Hazardous Substance. including but not limited to all such documents as may be involved in any Reportable Use involving the Property. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Property (including, without limitation, through the plumbing or sanitary sewer system). (c) Indemnification. Tenant shall indemnify, protect, defend and hold Landlord, its agents, employees, lenders and ground Landlord, if any, and the Property, harmless from and against any and all damages, liabilities, judgments, costs, claims, liens, expenses, penalties, loss of permits and attorneys' and con- sultants' fees arising out of or involving any Hazardous Substance brought onto the Property by or for Tenant or by anyone under Tenant's control. Tenant's obligations under this Section 30(c) shall include but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation (including consultants' and attorneys fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. No termination cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement. (d) Release of Landlord. Tenant acknowledges that it has fully investigated the Property, including the performance of a Phase I and Phase II environmental site assessment, and has concluded that the Property is not contaminated by, nor is there a risk of contamination by, any Hazardousces jSubstancesj. Therefore, Tenant releases Landlord from any and all liability on account of any Hazardous Substances in, on or about the Property. Tenant acknowledges that Landlord would not 22 L:\VollUAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease enter into this Lease without first receiving the foregoing release. 1'Notwithstandingthe foregoing, this release shall not apply to any Hazardous Substances that may be deposited by Landlord on the Property after the date hereof.] (e) Upon Tenant's default under this Section ? [301, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to recover any and all damages associated with but not limited to, clean-up costs and charges, civil and criminal penalties and fees. The provision of this Section ? 1'301 shall survive the expiration or earlier termination of this Lease 31 MISCELLANEOUS. (a) Relationship of the Parties. Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture between Landlord and Tenant or between Landlord and any other party, or cause Landlord to be responsible in any way for the debts or obligations of Tenant or anyone else. (b) Severability. If any provision of this Lease is determined to be void by any court of competent jurisdiction, such determination shall not affect any other provision of this Lease and all such other provisions shall remain in full force and effect. It is the intention of the parties that if any provision of this Lease is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. (c) Corporate Authority; Partnership Authority. If Tenant is a limited liability company or a corporation, each person signing this Lease on behalf of Tenant represents and warrants that he has full authority to do so and that this Lease binds the company or the corporation. Within thirty (30) days after this Lease is signed, Tenant shall deliver to Landlord a certified copy of a resolution of Tenant's Board of Directors or its members authorizing the execution of this Lease or other evidence of such authority reasonably acceptable to Landlord. If Tenant is a partnership, each person or entity signing this Lease for Tenant represents and warrants that he or it is a general partner of the partnership, that he or it has full authority to sign for the partnership and that this Lease binds the partnership and all general partners of the partnership. Tenant shall give written notice to Landlord of any general partner's withdrawal or addition. Within thirty (30) days after this Lease is signed, Tenant shall deliver to Landlord a copy of Tenant's recorded statement of partnership, certificate of limited partnership or other evidence of partnership satisfactory to Landlord. (d) Entire Agreement. It is understood that there are no oral or written agreements or representations between the parties hereto affecting this Lease, and that this Lease supersedes and cancels any and all previous negotiations, arrangements, representations, brochures, displays, projections, estimates, agreements and understandings, if any, made by or between Landlord and Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret, construe, supplement or contradict this Lease. This Lease, and all amendments hereto, are the only agreement between the parties hereto. All negotiations and oral agreements acceptable to both parties have been merged into and are included in this Lease. . There are no other representations, covenants or warranties between the parties and any reliance on representations of a party is based solely upon the express representations, covenants and warranties contained in this Lease. Although the printed provisions of this Lease were drawn by Landlord, the parties agree that this circumstance alone shall not create any presumption, canon of construction or 23 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease • implication favoring the position of either Landlord or Tenant. The parties agree that any deletion of language from this Lease prior to its mutual execution by Landlord and Tenant shall not be construed to have any particular meaning or to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse, obverse or opposite of the deleted language. (e) Governing Law. The laws of the State of California shall govern the validity, performance and enforcement of this Lease. (f) Waiver or Consent Limitations. A waiver of any breach or default under the Lease shall not be a waiver of any other breach or default. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by Tenant. (g) Force Majeure. The occurrence of any of the following events shall excuse performance of such obligations of Landlord or Tenant as are rendered impossible or reasonably impracticable to perform while such event continues: strikes; lockouts; labor disputes; acts of God; inability to obtain labor, materials or reasonable substitutes therefor; governmental restrictions, regulations or controls; judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty; and other causes beyond the reasonable control of the party obligated to perform. Notwithstanding the foregoing, the occurrence of such events shall not excuse Tenant's obligations to pay Minimum Annual Rent, Real Property Taxes, additional rent or any other charges hereunder, or excuse such obligations as this Lease may nevertheless otherwise impose on the party to obey, remedy or avoid, despite such event. If any work performed by Tenant or Tenant's contractor results in a strike, lockout and/or labor dispute, such strike, lockout and/or labor dispute shall not excuse Tenant's performance hereunder. (h) Amendments. To be effective and binding on Landlord and Tenant, any amendment, modification, addition or deletion to the provisions of this Lease must be in writing and executed by both parties in the same manner as the Lease itself. (i) Definition of Landlord. As used in this Lease, the term "Landlord" means only the current owner of the fee title to the Property at the time in question. Each Landlord is obligated to perform the obligations of Landlord under this Lease only during the time such Landlord owns such interest or title. Any Landlord who transfers its title or interest in the Property is relieved of all liabilities for the obligations of Landlord under this Lease to be performed on or after the date of transfer. (j) Tenant's Financing. Landlord acknowledges that Tenant may elect to finance a portion or all of the building, improvements and alterations which it plans to make to the Property by means of a leasehold mortgage. If Tenant so elects, Landlord agrees to consider, in its sole discretion, amendments this Lease to include such mortgage protection clauses as such lender may reasonably request; provided that Landlord shall have no obligation to consider to any amendment which would alter the economic deal between Landlord and Tenant, or limit or restrict Landlords' rights or remedies under this Lease. Landlord shall have no obligation to subordinate this Lease to the lien or security interest of lender. (k) Offer. Preparation of this Lease by either Landlord or Tenant and submission of same to Tenant or Landlord shall not be deemed an offer to lease. This Lease is not intended to be binding until executed and delivered to all parties hereto. 24 L:\Vol 1 VAR\F930-2.RED. WPD rev. 10/22/99 1303 Hermosa Ground Lease 26 (I) Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the parties under this Lease. (m) Rent Defined. All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be rent. (n) Waivers. No waiver by Landlord of the Default or breach of any term, covenant or condition hereof by Tenant, shall be deemed a waiver of any other term covenant or condition hereof, or of any subsequent Default or Breach by Tenant of the same or any other term, covenant or condition hereof. Landlord's consent to or approval of, any such act shall not be deemed to render unnecessary the obtaining of Landlord's consent to, or approval of, any subsequent or similar act by Tenant, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. Regardless of Landlord's knowledge of a Default or breach at the time of accepting rent, the acceptance of rent by Landlord shall not be a waiver of any Default or breach by Tenant of any provision hereof. Any payment given Landlord by Tenant may be accepted by Landlord on account of moneys or damages due Landlord, notwithstanding any qualifying statements or conditions made by Tenant in connection therewith, which such statements and/or conditions shall be of no force or effectwhatsoever unless specifically agreed to in writing by Landlord at or before the time of deposit of such payment. (o) No Right To Holdover. Tenant has no right to retain possession of the Property or any part thereof beyond the expiration or earlier termination of this Lease. In the event that Tenant holds over in violation of this Section, then the Minimum Annual Rent payable from and after the time of the expiration or earlier termination of this Lease shall be increased to two hundred percent (200%) of the Minimum Annual Rent applicable during the month immediately preceding such expiration or earlier termination. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Auctions. Tenant shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Property without first having obtained Landlord's prior written consent. Notwithstanding anything to the contrary in this Lease, Landlord shall not be obligated to exercise any standard of reasonableness in determining whether to grant such consent. (r) Termination, Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant the mutual termination or cancellation hereof or a termination hereof by Landlord for breach by Tenant, shall automatically terminate any sublease or lesser estate in the Property; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord's failure within ten (10) days following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord's election to have such event constitute the termination of such interest. (s) Reservations. Landlord reserves the right, from time to time, to grant, without the consent or joinder of Tenant, such easements, rights of way, utility raceways, and dedications that Landlord deems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights of way, utility raceways, dedications, maps and restrictions do -not reasonably interfere with the 2h L:\Vol l\JAR\F930-2.RED.WPD a rev. 10/22/99 1303 Hermosa Ground Lease _• • use of the Property by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate any such easement rights, dedication, map or restrictions. 32 LICENSED AGENT DISCLOSURE. One or more of Tenant's partner's is a licensed real estate agent in the State of California. 33 MEMORANDUM OF LEASE. At the option of Tenant, the parties hereto shall on or after the Commencement Date, execute and acknowledge a Memorandum of Lease in form satisfactory to Landlord and Tenant, which shall then be recorded with the office of the Los Angeles County Recorder. All recording fees shall be shared equally between Landlord and Tenant. 34 INTEREST ON PAST -DUE OBLIGATIONS. Any monetary payment due Landlord hereunder, other than late charges, not received by Landlord within ten (10) days following the date on which it was due, shall bear interest from the date due at the prime rate set forth in the Wall Street Journal are located plus four percent (4%) per annum, but not exceeding the maximum rate allowed by law, in addition to the potential late charge provided for in Section 9(c). 35 LANDLORD'S LIABILITY. The term "Landlord" as used herein shall mean the owner or owners at the time in question of the fee title to the Property. In the event of a transfer of Landlord's title or interest in the Property or in this Lease, Landlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as hereinabove defined. LANDLORD AND TENANT have signed this Lease on the dates set forth above. Landlord: Tenant: CITY OF HERMOSA BEACH, a municipal 1301 113031 HERMOSA AVENUE, LLC , a California corporation limited liability company By; By: City Manager Managing Member By: Attest: Managing Member Secretary 26 L:\Vo11UAR\F930-2.RED.WPD rev. 10/22/99 1303 Hermosa Ground Lease 2-$ PA,e0/N4j 674$007roag. �r�%,•� ,t t mftd 7v7�o0D/ P/a2c GJ/ 74 G6 'vt L,4 Wk. Go•tG.S a 1/ 14/4 1, k.G7 : 17.7 .4;t 5 JOG, •45 G4.tis /° Tattlatsi,,j, rc, ` �i'cLi i:• ���T ( '/i) 7 G-845/ , lot*loti 010/ Plaorhol 1°0€.44. Ta ;1f5 PVIE• We","€* / Ne✓•oSa . bre/ Agkei/eis"Ave AsHiNci?a v,.a► gc,40574 (/1e?c 01.//•x) wl 40/40P- mt. N 1303 HERMOSA AVE. DEVELOPMENT o RENT AND LAND LEASE SUMMARY NOVEMBER 1999 YEARS 1 -10 INCOME: BASE RENTAL INCOME -RETAIL EXPENSE REIMBURSEMENTS -RETAIL GROSS INCOME LESS VACANCY (5%) NET INCOME - RETAIL PAGE 1 2000(8 M0.) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 $41,611 583,222 $83,222 $83,222 583,222 $83.222 S95,705 $95,705 $95,705 $95,705 $95,705 $4,076 $8,152 58,397 $8:649 S8,908 $9,175 $9,451 $9,734 $10,028 $10,327 $10,637 $45,687 $91,374 591,619 $91.871 $92,130 $92,397 $105,156 $105,440 5105,732 $106,032 $106,342 _ ($2284) (54,569) ($4,561) 44,5941 (54,607) ($4,620) ($5,258) ($5,272) ($5,287) ($5,302) (55,317) $43.403 $86,806 $87,038 $87,277 $87,524 $87,778 $99,898 $100,168 $100,445 $100,731 $101,025 RENTAL INCOME -OFFICE 2ND FLOOR $19,773 $39,546 $40,732 $41,954 $43,213 $44,509 $45,845 $47;220 $48,637 S50,096 $51.599 RENTAL INCOME -OFFICE 3RD FLOOR $23,787 $47574 $47,574 $49,688 $49,688 $50,931 $52.173 $52,173 $53,477 $54,781 554.781 GROSS INCOME $43,560 $87,120 $88,306 $91643 S92,901 $95,440 $98,017 $99.393 $102,114 S104,877 5106.380 LESS VACANCY (7%) ($3,049) (56,0981 ($6,181) (56,41) ($6,503) ($6,681) ($6,661) (56,957) (57,148) ($7,341] ($7,447) NET INCOME - OFFICE $40,511 $81,022 $82,125 $85,228 $86,398 $88,759 $91,156 $92,435 $94,998 597,536 $98,933 NET INCOME - TOTAL $83,914 $167,827 $169,163 $172,605 $173,922 $176,537 $191,055 $192,603 $196,411 $198,267 $199,959 LAND LEASE PAYMENT - (COMPARE EACH 6 YEARS - GREATER ONE APPLIES) 1 CPI METHOD- MAXIMUM 15% $10,5001 $21,000 $21,000 $21,000 $21,000 ( $21,000 f $24,130 $24,150 $24,150 524,150' $241501 2 12.5% OF NET INCOME (ABOVE) $20,978 $21,145 $21,563 $21,740 $22.067 523,882 $23,882 523,882 $23,882 $23,882 ti N N z X H N N N 0) .-i 1 • I m 1303 HERMOSA AVE. DEVELOPMENT ° RENT AND LAND LEASE SUMMARY 0. NOVEMBER 1999 YEARS 11 - 20 PAGE 2 2011 2012 2013 2014 2016 2016 2017 2018 2019 2020 INCOME: BASE RENTAL INCOME -RETAIL EXPENSE REIMBURSEMENTS -RETAIL GROSS INCOME LESS VACANCY (5%) NET INCOME - RETAIL RENTAL INCOME -OFFICE 2N0 FLOOR RENTAL INCOME -OFFICE 3R0 FLOOR GROSS INCOME LESS VACANCY (7%) NET INCOME - OFFICE NET INCOME - TOTAL 5110,061 5110.061 $110,061 $110.061 5110,061 S126,570 5126,570 5126,570 $126,570 5126,570 510,956 511:285 511,623 511.972 512,331 512,701 513,082 513.474 $13,879 514,295 5121,017 5121,346 5121,584 $122:033 $122,392 5139,271 5139,552 5140.045 5140,449 5140,865 (56.051) (56,067) ($6.084) (56,102) (56,120) ($6,964) (56,983) ($7,002) ($7,022) (57,043) $114,955 5115,279 5115,600 5115,931 $116,273 5132,308 5132,670 5133,043 5133,427 5133,522 553,147 554,741 556,383 559,075 559:817 $61,611 563.460 565,364 567,324 569,344 556,425 556,119 559,861 561,657 563,507 565,412 167,374 569,396 $71,477 573,622 5109,571 $112,959 $116,244 5119,732 5123,324 5127:023 5130,834 5134,759 5136,802 $142.966 (57,670) (57,900) (58,137) (58,381) (58,633) (58,892) (59.158) (59,433) (59.716) (510,008) 5101,901 5104,958 5105,107 3111,350 5114,691 5115,132 5121,676 5125,326 3129,086 5132,9513 $216,868 5220,237 5223,707 5227,282 5230,964 5250,439 5254,345 5256,368 5262,512 5266,780 LAND LEASE PAYMENT - (COMPARE EACH 5 YEARS - GREATER ONE APPLIES) 1 CPI METHOD- MAXIMUM 15% 2 12.5% OF NET INCOME (ABOVE) 0. r,, N N 01 01 0 0 Z S27,773 $27,773 927,773 j $27,773 $27,773 $31,938 $31,9381 $31,938 $31,938 $31,938 527,108 527,530 527,963 528,410 $28,870 $31,305 531.305 531,305 531,305 $31,305 • ToRX NO.7287 • • 11-3-99 DEVELOPMENT PROFORMA DEBIT CREDIT BALANCE 1 FORMATION OF LLC - CAPITAL $140,000 $140,000 $140,000 2 EXECUTION/RECORDING $140,000 GROUND LEASE (LEGAL/TITLE) $2,500 $137,500 $137,500 3 ARCH. DESIGN & APPROVALS $137,500 ARCH/ENG - IN HOUSE $4,000 $133,500 PLAN CHECK + COSTS $5,000 $128,500 $128,500 4 CONSTRUCTION FINANCING $128,500 LOAN PROCEEDS $800,000 $928,500 COSTS/FEES/POI NTS $14,000 $914,500 INTEREST - 6 months $36,000 $878,500 $878,500 5 CONSTRUCTION COSTS $878,500 ON SITE - SHELL $755,426 $123,074 T.I. ALLOWANCES - RETAIL $33,900 $89,174 OFFICE BUILDOUTS $51,540 $37,634 OFF SITE $15,000 $22,634 $22,634 6 MARKETING / LEASING $2,500 $20,134 COMMISSIONS $12,500 $7,634 $7,634 $7,634 BALANCE (CONTINGENCY) $7,634 $932,366 $940,000 TOTAL DEVELOPMENT COSTS $932,366 TOTAL FUNDING $940,000 3 v • • Client: Peha & Associates Address: 67 14th Street Hermosa Beach, CA 90254 Weiszmann Associates, LLC 1876 Stow St. Simi Valley, CA 93063 805-577-7775 Project: Hermosa Ave. Office Date: July 7, 1999 Class: Conceptual Description Take -off Quantity Unit Extended Unit Take -off Cost _ Cost Sitework Clear & Grub US 1 $ 1,000.00 $ 1,000.00 Rough grade (including mobilization) SF 5170 $ 0.20 $ 1,034.00 Fine grade (including mobilization) SF 5170 $ 0.15 $ 775.50 Excavate for elevator pit CY 6 $ 20.00 $ 120.00 Disposal @ 1.3 swell CY 7.8 $ 15.00 $ 117.00 Excavation for footing CY 20 $ 20.00 $ 400.00 Disposal @ 1.3 swell CY 26 $ 15.00 $ 390.00 Excavation for grade beam (3 req'd) CY 4 $ 20.00 $ 80.00 Disposal @ 1.3 swell CY 5.2 $ 15.00 $ 78.00 Excavation for column pad (9 req'd) CY 16 $ 20.00 $ 320.00 Disposal @ 1.3 swell CY 20.8 $ 15.00 $ 312.00 Sidewalk SF 1700 $ 3.75 $ 6,375.00 Plantings & landscape allowance US 1 $ 10,000.00 $ 10,000.00 Miscellaneous site work US 1 $ 5,000.00 $ 5,000.00 Subtotal $ 26,001.50 Concrete Footing (assume 12"x24") CY 20 $ 150.00 $ 3,000.00 Elevator pit (including rebar & formwork) CY 4 $ 225.00 $ 900.00 Grade Beams (including rebar) CY 4 $ 160.00 $ 640.00 Column pads (including rebar) CY 14 $ 175.00 $ 2,450.00 First floor slab SF 2280 $ 3.75 $ 8,550.00 #3 rebar 18" O.C.E.W. LF 3450 $ 0.35 $ 1,207.50 2nd floor lightweight concrete 1 1/2" SF 2422 $ 1.45 $ 3,511.90 3rd floor lightweight concrete 1 1/2" SF 2422 $ 1.50 $ 3,633.00 Subtotal $ 23,892.40 Masonry 6" CMU wall SF 3730 $ 9.00 $ 33,570.00 CMU horizontal #4 rebar @ 24" LF 1810 $ 0.45 $ 814.50 CMU vertical #5 rebar @ 24" LF 1880 $ 0.75 $ 1,410.00 CMU grout (solid grouting) CY 25 $ 325.00 $ 8,125.00_ Subtotal $ 43,919.50 Metals Wide flange columns W8x18 LF 300 $ 19.50 $ 5,850.00 Wide flange beams W10x22 LF 275 $ 21.00 $ 5,775.00 PEHA JOB -01 3) Page 1 Weiszmann Associates, LLC 1876 Stow St. Simi Valley, CA 93063 805-577-7775 Description Take -off Quantity Unit Extended Unit Take -off Cost Cost Moment frame special inspection LS 1 $ 1,440.00 $ 1,440.00 Crane LS 1 $ 5,500.00 $ 5,500.00 Stairwells RSR 56 $ 235.00 $ 13,160.00 Miscellaneous metals LS 1 $ 5,000.00 $ 5,000.00 Subtotal $ 36,725.00 Framing 2nd floor truss joists 16" deep 16" O.C. LF 1960 $ 3.65 $ 7,154.00 3rd floor truss joists 16" deep 16" O.C. LF 1960 $ 3.65 $ 7,154.00 3rd floor truss joist rafters 14" deep 48" O.C. LF 665 $ 3.25 $ 2,161.25 3/4" plywood 2nd floor diaphram SF 2422 $ 1.25 $ 3,027.50 3/4" plywood 3rd floor diaphram SF 2422 $ 1.25 $ 3,027.50 3/4" plywood roof diaphram SF 2422 $ 1.25 $ 3,027.50 Blocking allowance $ /linear foot LF 1900 $ 1.75 $ - 3,325.00 4"x12" ledger board LF 330 $ 6.40 $ 2,112.00 Simpson purlin anchors 6'0" O.C. EACH 55 $ 7.75 $ 426.25 Exterior wall framing (wood) SF 4030 $ 1.50 $ 6,045.00 Backing for exterior trim US 1 $ 1,500.00 $ 1,500.00 Wood framed shearwall SF 170 $ 1.25 $ 212.50 1/2" Struc I plywood each side SF 340 $ 1.12 $ 380.80 Interior wall framing SF 5800 $ 1.10 $ 6,380.00 4"x12" (assumed) header LF 125 $ 6.40 $ 800.00 Subtotal $ 46,733.30 Weatherproofing HVAC equipment pads assume 4 pads SF 320 $ 3.50 .$ 1,120.00 Wall insulation SF 3060 $ 1.00 $ 3,060.00 Roof insulation SF 2250 $ 1.10 $ 2,475.00 Roof walkboards SF 400 $ 1.45 $ 580.00 Roof cricket framing SF 1930 $ 0.50 $ 965.00 Built-up three ply roof SQUARE 22.5 $ 125.00 $ 2,812.50 Subtotal $ 11,012.50 Doors & Windows Storefront SF 1100 $ 19.50 $ 21,450.00 Aluminum windows SF 970 $ 16.75 $ 16,247.50 3'0"x7'0" SC restroom door EACH 3 $ 525.00 $ 1,575.00 3'0"x7'0" SC Janitor's closet door EACH 2 $ 500.00 $ 1,000.00 3'0"x7'0" SC rated office access doors EACH 8 $ 625.00 $ 5,000.00 3'0"x7'0" rated stairwell access doors EACH 6 $ 650.00 $ 3,900.00 3'0"x7'0" metal rear exterior door EACH 1 $ 750.00 $ 750.00 Subtotal $ 49,922.50 Finishes PEHA JOB -01 3 �F Page 2 Weiszmann Associates, LLC 1876 Stow St. Simi Valley, CA 93063 805-577-7775 Description Take -off Quantity Unit Extended Unit Take -off Cost Cost Walls 5/8" Type X drywall (taped & finished) SF 8600 $ 1.05 $ 9,030.00 Ceilings 5/8" Type X drywall (taped & finished) SF 7000 $ 1.12 $ 7,840.00 Interior paint two coats SF 11000 $ 0.48 $ 5,280.00_ Commercial grade carpet (1st floor only) SY 190 $ 28.00 $ 5,320.00 1st floor reflected ceiling SF 1700 $ 1.25 $ 2,125.00 Bathroom floor tile SF 200 $ 8.00 $ 1,600.00 Bathroom wall tile (to 5' high) SF 420 $ 7.00 $ 2,940.00 Bathroom ceramic cove base LF 110 $ 6.00 $ 660.00 Three coat stucco over lath SY 165 $ 45.00 $ 7,425.00 Exterior columns LF 200 $ 35.00 $ 7,000.00 Exterior cornice & dental detail LF 160 $ 20.00 $ 3,200.00 Finish allowance CMU wall SF 2.5 $ 3,730.00 $ 9,325.00 Miscellaneous interior finish US 1 $ 1,500.00 $ 1,500.00 Miscellaneous exterior finish US 1 $ 2,000.00 $ 2,000.00 Subtotal $ 65,245.00 Specialties Roof access hatch EACH 1 $ 800.00 $ 800.00 Roof access hatch ladder LF 10 $ 25.00 $ 250.00 Restroom mirror EACH 1 $ 175.00 $ 175.00 Soap dispenser EACH 1 $ 50.00 $ 50.00 Toilet seat cover dispenser EACH 1 $ 50.00 $ 50.00 Toilet tissue dispenser EACH 1 $ 75.00 $ 75.00 Sanitary napkin disposal EACH 1 $ 50.00 $ 50.00 Paper towel/trash receptacle combination EACH 1 $ 350.00 $ 350.00 Miscellaneous specialties US 1 $ 500.00 $ 500.00 Subtotal $ 2,300.00 Elevator Per stop EACH 3 $ 17,000.00 $ 51,000.00 Subtotal $ 51,000.00 Plumbing Rough in water closet EACH 3 $ 300.00 $ 900.00 Rough in lavatory EACH 3 $ 325.00 $ 975.00 Rough in water fountain EACH 1 $ 200.00 $ 200.00 Install & finish WC EACH 1 $ 325.00 $ 325.00 Install & finish lavatory EACH 1 $ 425.00 $ 425.00 Instant heat lavatory units EACH 3 $ 100.00 $ 300.00 Rough -in janitor's sink EACH 1 $ 350.00 $ 350.00 Janitor's sink EACH 1 $ 400.00 $ 400.00 Roof drains EACH 8 $ 750.00 $ 6,000.00 Supply risers LF 35 $ 8.00 $ 280.00 Waste risers LF 35 $ 12.00 $ 420.00 PEHA JOB -01 3c. Page 3 Weiszmann Associates, LLC 1876 Stow St. Simi Valley, CA 93063 805-577-7775 Description Take -off Quantity Unit Extended Unit Take -off Cost Cost Vent risers LF 35 $ 6.50 $ 227.50 Fire sprinkler system SF 7000 $ 3.10 $ 21,700.00 Gas service US 1 $ 1,000.00 $ 1,000.00 Water service US 1 $ 1,000.00 $ 1,000.00 Sewer service US 1 $ 5,000.00 $ 5,000.00 Miscellaneous plumbing US 1 $ 2,000.00 $ 2,000.00 Subtotal $ 41,502.50 HVAC Restroom fan (ductwork & roof jack incl) EACH 3 $ 200.00 $ 600.00 1st floor HVAC 15 ton SF 2280 $ 9.00 $ 20,520.00 2nd & 3rd floor HVAC 10 tone each SF 4844 $ 6.00 $ 29,064.00 Miscellaneous HVAC LS 1 $ 1,500.00 $ 1,500.00 Subtotal $ 51,684.00 Electrical • Exterior lighting US 1 $ 1,500.00 $ 1,500.00 1st floor breaker box (400 amp) EACH 1 $ 3,900.00 $ 3,900.00 2nd floor breaker box (400 amp) EACH 1 $ 3,900.00 $ 3,900.00 3rd floor breaker box (400 amp) EACH 1 $ 3,900.00 $ 3,900.00 1st floor lighting SF 2280 $ 5.00 $ 11,400.00 2nd floor temporary lighting SF 2422 $ 1.90 $ 4,601.80 3rd floor temporary lighting SF 2422 $ 1.90 $ 4,601.80 Receptacles SF 7124 $ 1.40 $ 9,973.60 Service EACH 1 $ 5,000.00 $ 5,000.00 Miscellaneous electrical US 1 $ 3,000.00 $ 3,000.00 Subtotal $ 51,777.20 Division I Building & streeet use permits US 1 $ 10,000.00 $ 10,000.00 Mobilization US 1 $ 7,500.00 $ 7,500.00 Superintendent MONTH 8 $ 7,000.00 $ 56,000.00 Phones, fax & two-way radios MONTH 8 $ 925.00 $ 7,400.00_ Job site office MONTH 8 $ 175.00 $ 1,400.00 Portable toilet MONTH 8 $ 90.00 $ 720.00 Fire -Life -Safety supplies MONTH 8 $ 100.00 $ 800.00 Daily cleanup & miscellaneous labor MONTH 8 $ 3,500.00 $ 28,000.00 Dumpsters & trash removal MONTH 8 $ 750.00 $ 6,000.00 Barricades & pedestrian protection LS 1 $ 3,000.00 $ 3,000.00 Scaffolding SF 8700 $ 1.25 $ 10,875.00 Subtotal $ 131,695.00 PEHA JOB -01 Page 4 Weiszmann Associates, LLC 1876 Stow St. Simi Valley, CA 93063 805-577-7775 Description Take -off Quantity Unit Extended Unit Take -off Cost Cost Total before P & OH $ 567,562.90 Cobtractor's overhead @ 10% $ 56,756.29 Contractor's profit @ 10% $ 62,431.92 Total $ 686,751.11 Contingency @ 10% _ $ 68,675.11 Grand Total $ 755,426.22 PEHA JOB -01 Page 5 3'7 NOTES: LANDSCAPE IRRIGATION & MAINTENANCE TO BE PROVIDED BY CITY ENTRY TO PARKING STRUC. BLDG. EXTENSION TO FACE OF GARAGE (VARIES TO 12") LEASE PROPERTY • LIMIT OF BLDG. LA "CAPE SEATING AREA @ GROUND LEVEL BLDG. ABV. (TYP.) LANDSCAPE (TYP.) (-\ TREE WELL (TYP.) 1303 HERMOSA AVE. ENCROACHMENT PLAN • • • Michael D. Keegan 1107 Loma Drive, Unit A Hermosa Beach, CA 90254 310-798-2969 10/26/99 To: Hermosa Beach City Council RECEIVED 199;9 9 c.; OM. ;acv. DEPT. RE: 1303 Hermosa Avenue new retail/office building on the east side of the new parking structure Dear Council: At a time when 14% of the city's revenue hangs in the balance, with Measure D on the ballot, we need to maximize city revenues. The ground lease for the new development proposed for 1303 Hermosa Ave. ism poorly set up. In its current form, the proposed ground lease will neither maximize revenues for our city, nor result in the soundest, most well built building. The city held its beauty contest in May and selected the owner/developer before specifications for the building were determined. Because of this action, the city has no idea of the proposed construction materials or whether it will get the best bang for the buck when the building is completed. Now, staff is currently negotiating price and terms of a lease agreement that may last 50 years. Staff is trying to get the beauty contest winning developer to pay approximately $25,000 per year for the lease. This is not near enough of a return to the city. What we need to do is bid out the final working drawings on city council approved plans that allow the city to get additional monies for this valuable asset. With a rising real estate market, we can now achieve annual ground rent in excess of $55,000 per year. We must have competitive bids on this public project. We must not award the development based on our previous lack of building specifications. 39 • Hold a hearing tonight to get a complete update on building size (both usable and rentable), rent, the vacancy factor, and cost. Let the public see these numbers and and let's work together to make Hermosa Beach fiscally responsible. Very truly yours, Michael D. Keegan November 2, 1999 HonorablQMayor and Members of the Hermosa Beach City Council Regular meeting of November 9, 1999 APPEAL TO DENIAL FOR A PERMIT TO KEEP THREE DOGS AT 1042 SECOND STREET RECOMMENDATION It is recommended the permit be denied by City Council. BACKGROUND Upon receipt of applicants' application to keep more than two adult dogs at their residence, and in accordance with the permit requirements in Hermosa Beach Municipal Code Chapter 6.04 "Animals Generally," Community Services Officers completed the following: 1. The area was posted inviting comments regarding the permit application. 2. Community Services Officers canvassed the area with a neighborhood survey to be filled out by residents. 3. An inspection of the property was conducted by a representative of the Los Angeles County Health Department on July 20, 1999.. A report was issued, stating the property was found in a clean and sanitary condition. ANALYSIS Recommendation for denial is based on past citizen complaints of barking dog problems and the objections filed by the neighbors in letters and surveys. A barking dog complaint was telephoned to the city by a resident and an investi- gation by Community Services Officers was conducted. It was determined from the investigation that three dogs had been licensed to Corey Glave at 1042 Second Street, Hermosa Beach, where the barking complaints were coming from. When a Community Services Officer patrolled the area for barking dogs, he observed one of the dogs at the Glave residence barking at a neighbor who was merely standing in her own yard. 1 • • On May 10, 1999, a letter was sent to the Mr. Glave by the City Prosecutor, Kenneth Meersand, informing him that a complaint had been received regarding a barking dog at his residence that has been annoying the neighbors. On May 26, 1999, Mr. Glave received a letter from the Community Services Division Field Supervisor, Vince Balvin, that he must apply for a permit to keep more than two household pets. The Glaves' applied for the permit and a neighborhood survey was conducted and additional citizen letters objected to the City granting the permit, all citing barking problems at the residence. The Glaves' submitted their own survey results for review and consideration. The permit was denied in the finding of the Hearing Officer based on the survey response and citizen complaints. The Glaves' requested to appeal the hearing's finding to the entire City Council as prescribed per Hermosa Beach Municipal Code, Section "Appeals" 6.04.070. On September 14, 1999, the applicants' legal representative, Law Offices of Charles A. Goldwasser, with whom Attorney Corey Glave is employed, submitted a letter requesting any and all documents referencing the Glave family, the property located at 1042 Second Street, Hermosa Beach, and the animals kept at the location. The City has responded to the letter and submitted documents available. V 2/ A///i✓a¢2, Co cur: VAL STRASER, CHIEF OF POLICE SEP ` N BUF4RELL CHIEF OF POLICE CITY MANAGER Attachments: 1. H.B.M.C. - Animals Generally - 6.04 2. City Prosecutor Letter - May 10, 1999 3. Notice to Obtain Permit - May 26, 1999 4. Neighborhood Survey and Letters - County Health Letter. 5. Glave Neighborhood Survey 6. Denial of Permit - Community Services 7. Appeal of Permit Denial - Glave 8. Demand for Public Records. 9. Public Notice of Hearing. • • PUBLIC NOTICE November 2, 1999 IMPORTANT PUBLIC NOTICE 1042 SECOND STREET NOTICE TO PROPERTY OWNERS OF AN APPEAL OF A POLICE DEPARTMENT DENIAL OF A HOUSEHOLD PET PERMIT TO ALLOW THREE DOGS, AT 1042 SECOND STREET. NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Hermosa Beach will hold a public hearing on Tuesday, November 9, 1999, to hear an appeal of the Police Department denial of a Household Pet Permit to allow three dogs at 1042 Second Street. SAID HEARING shall be at 7:30 P.M. or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, California. ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Police Department in care of City Hall at the above address prior to Monday, November 8, 1999, at 12 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. FOR FURTHER INFORMATION, please contact the Police Department at 318-0300. A copy of the staff report will be available for public review on November 4, 1999 at the Hermosa Beach Police Department. VG/ JH////N✓1E% VAL STRASER, CHIEF OF POLICE HERMOSA BEACH POLICE DEPARTMENT 3 Sections: 6.04.010 6.04.020 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 6.04.080 6.04.090 6.04.100 6.04.110 • Chapter 6.04 ANIMALS GENERALLY Definitions. Duties of animal control supervisor. Enforcement provisions. Household pets. Permit required to keep nonhousehold animals. Permit. Appeals. Unlawful to permit nonhousehold animals to endanger persons. Unlawful to permit nonhousehold animals on public property. Animal nuisances. Violation --Penalty. 6.04.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Animal control officer" is a person appointed by the city manager to function as a deputy of the animal control supervisor. "Animal control supervisor" is the person appointed by the city manager to carry out and enforce the provisions of this chapter and resolutions of the city council adopted pursuant thereto. "Household pets" includes dogs, cats, canaries, parrots and other similar animals and birds usually and ordinarily kept as household pets. "Nonhousehold animals" includes but is not limited to horses, cows, sheep, goats, pigs, rabbits, pigeons, chickens, pheasants, guinea hens, ducks, geese, turkeys and any other domestic, domesticated, exotic or wild animal, bird poultry, fowl, reptile, and bees or other insects, other than those usually • ATTACHMENT 111 6.04.010 and ordinarily kept as household pets. (Prior code § 4-1) 6.04.020 Duties of animal control supervisor. _ It shall be the duty of the animal control supervisor to make investigation concerning household and nonhousehold pets within the city, take up and deliver to the currently contracting pound all animals at large and unrestrained as described in this chapter, and in all other respects to enforce the provisions of this chapter and the resolutions of the city council adopted pursuant thereto. (Prior code § 4-1.1) 6.04.030 Enforcement provisions. A. Authority of Animal Control Supervisor. In addition to other authority provided by law for making arrests, the animal control supervisor and appointed deputies are designated as public officers and are authorized to make arrested according to provisions of Sections 858.5 and 853.6 of the Penal Code of the state of California for the purpose of enforcing and carrying out the provisions of this chapter. B. Enforcement Policy. It shall be the duty of the animal control supervisor to enforce the provisions of this chapter through the citation procedure against any person who violates any term of the provisions of this chapter and against any owner of an animal who allows or permits such animal to violate any term or provision of this chapter. (Prior code § 4-1.2) 6.04.040 Household pets. Pursuant to the use permitted in residential zones, no more than two adult (six months or older) dogs or two adult cats, or a combination thereof amounting to no more than two shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs or two adult cats or a combination of both shall make application for a permit to keep and maintain such animals, following the procedures set forth in Section 6.04.060. The application fee for (6.04) 1 6.04.040 said permit shall be fifty dollars ($50.00). (Prior code § 4-2) 6.04.050 Permit required to keep nonhousehold animals. It is unlawful for any person owning, possessing or having the custody or control of any animal other than household pets to keep, harbor, possess or maintain any such animal within the city without first obtaining a written permit. A violation of this section shall be an infraction. Exceptions: The provisions of this chapter shall not apply to the temporary keeping of nonhousehold animals in bona fide educational or medical institutions for the purpose of instruction or study, provided such animals are securely confined and are properly cared for in a manner satisfactory to the animal control supervisor. (Prior code § 4-3) 6.04.060 Permit. A. Application. Any person desiring to keep, harbor, possess or maintain any nonhousehold animal as required under the provisions of this chapter shall make application for such permit in writing, addressed, and file the same with the general services department on a form to be supplied by that office. Each application shall be accompanied by an application fee, payable to the city, of an amount fixed by resolution of the city council, which shall be retained by the city to cover its costs in connection with the processing of such application and which shall not be refunded. Such application shall state the kind of animal for which the permit is desired, the location of the premises where the same is to be kept or maintained, and the manner in which the applicant proposes to keep the same, giving details as to enclosures, tethers, cages or other means which the applicant proposes to employ in the event the permit is granted and their distance from the nearest dwelling or other structure used for human habitation. B. Hearing --Granting or Denial of Permit. Upon the filing of the application and the necessary accompanying reports, notices shall be posted in all directions for a distance of at least three hundred (300) feet from the place where such animals or fowl are proposed to be kept, and not more than fifty (50) feet apart, and shall notify the public that comments must be received by the general services director within ten days of the date appearing on the notice. Comments must be in writing, and must be specific. In addition, the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days of the date appearing on the notice. If a permit is granted, the general services director may prescribe such terms and conditions in connection with any permit, including but not limited to the following: 1. That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others, and that the animal shall not be kept within thirty-five (35) feet of any residence or other building used for human habitation or within one hundred (100) feet of any school building, hospital building, or similar institutional building; 2. That adequate safeguards are made to prevent unauthorized access to such animal by members of the public; 3. That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement; 4. That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood; 5. That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health; 6. That the quarters in which the animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition; 7. That the applicant for such special permit prove his ability to respond in damages for bodily injury or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or (6.04) 2 maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control supervisor a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond to such damages, or by posting with the animal control supervisor a surety bond conditioned upon payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days' written notice is first given to the animal control supervisor. It is unlawful for any person to whom any such permit may be issued to fail or refuse to comply with any of the terms and conditions so imposed. C. Number of Animals Allowed. In no event shall a permit be issued for the keeping of more than two wild or nonhousehold animals or more than five domestic fowl (chickens, ducks or geese) at any single location. D. Endorsement. Before any permit becomes effective the same must be accepted in writing by the permittee by the endorsement of the permittee accepting the permit upon the terms and conditions subject to which the same is granted, and agreeing to comply with and observe each and all of its terms and conditions. E. Revocation. All permits issued under this chapter shall be temporary only and may be revoked by the general services department at any time without cause or liability should the department find that the keeping of such animal within the city unduly menaces, threatens or endangers lives or property or the life or property of any person. (Prior code § 4-4) 6.04.070 Appeals. Upon the granting or denial of a permit or revocation, the applicant and all parties expressing concern shall be notified of the decision by the general services director in writing. Appeals shall be in writing, including specific items of disagreement with the general services director's decision or findings. Appeals shall be. 6.04.060 filed with the city clerk's office within fifteen (15) days of the issuance of the report of decision and findings. The fee for appeals shall be an amount fixed by resolution of the city council. The filing of an appeal with the city clerk shall stay the decision of the general services director until the appeal has been acted on. When an appeal is filed, the general services director shall forward the record of the case to the city council. The city council shall conduct a public hearing. Such hearings shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The council may incorporate by reference the findings of the general services director. Within thirty (30) days of the final decision on the administrative process, the city council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the general services director's files. (Prior code § 4-4.1) 6.04.080 Unlawful to permit nonhousehold animals to endanger persons. It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to allow pr permit such animal to be or run at large, or permit it to run loose or be tethered, or caged, in or on or within the premises of such person or in, on or within any premises in the city in such a manner as to endanger the life or limb of any person lawfully entering such premises. (Prior code § 4-5) 6.04.090 Unlawful to permit nonhousehold animals on public property. It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to permit or allow the same to go loose, free, unrestrained or restrained, in any way in, along or upon any public street, sidewalk, way or place or any public park, playground, public (6.04) 3 6.04.090 beach or municipal pier within this city. (Prior code § 4-6) 6.04.100 Animal nuisances. A. Defiling Property. It is unlawful for the owner or person having custody of any dog or other animal to permit, either wilfully or through failure to exercise due care or control: 1. Any such dog or animal to comrnit any nuisance, and to allow such nuisance to thereafter remain, upon any public or private property not owned .or possessed by the owner or person in control of said animal, except that the person who owns, harbors, keeps or has charge or control of a dog (other than a sightless person who has charge or control of a guide dog) shall immediately and securely enclose all feces deposited by such dog in a bag, wrapper or other container and dispose of the same, all in a sanitary manner; • 2. Any person (other than a sightless person with a guide dog) who has charge or control of a dog in a location other than of the property of such person or the property of the owner of the dog shall have in his or her possession, carried in full view a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this subsection. Failure of such person to carry such wrapper, bag or container when in charge or control of a dog in a location other than on the property if such person or the property of the owner of the dog or animal shall constitute a violation of this subsection. For the purpose of this section a "nuisance" committed by a dog or animal shall mean defecation by said animal. B. Animal Noises. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five minutes in any hour. C. Violation. Violation of subsection A or B of this section shall be an infraction. (Ord. 95-1138 § 1, 1995; prior code § 4-31) 6.04.110 Violation --Penalty. A violation of the provisions of this chapter is a misdemeanor unless by ordinance it is made an infraction. Any violation of the provisions of this chapter is punishable pursuant to the provisions of Chapter 1.12, as provided by Government Code Section 36900, Section 36901. (Prior code § 4-32 (Part)) (6.04) 4 • City o fatermosarJ3eacc) ATTACHMENT #2 rilZAf a!•-V:Yr4w-i^N41,111.411 ^':uW1.1o.V a?Y.:rC.rw?i llZilb,_:•<T>:n'�FQGs?:;M.'S.c�T.ieda Yc :..,vra'&H;�d.a.Nt•+r,.,..� ty-,'.�::.•wtl' <«x '!+t`1Fa.•'.[ :.. Civic Center. 1315 Valley Drive. Hermosa Beach. California 90254-3885 Kenneth A. Meersand Office of the City Prosecutor 540 Pier Avenue Hermosa Beach, CA 90254 (310) 318-0345 May 10, 1999 Dear Mr. Glave, This letter is being written to inform you that a complaint has been received by the Hermosa Beach Police Department and the City Prosecutor's Office. The subject of the complaint is a barking dog, at your residence, that has been annoying your neighbors. It is not important, at this time, to reveal the identity of the complainant(s) since charges have not been filed. If a charge is filed, a full report will be submitted to the court and to you, so that you will have the necessary information to defend yourself. Barking dog cases may be filed in criminal court, without a warning letter to you. The City of Hermosa Beach has adopted a policy of sending warning letters prior to the filing of charges. I am hopeful that this letter will be sufficient for you to take the steps necessary to stop the offending noise. You do not need to contact this office in response to this letter as there is no investigation pending. You may wish to contact Dispute Resolution Services, (310) 372-1608, to expedite a resolution of this matter. If additional complaints are received, and there is sufficient evidence to present a case for filing in court, you will be notified. Thank you for your consideration and cooperation. Sincerely, Kenneth A. Meersand, City Prosecutor City of Hermosa Beach "dogltr.dog ..;' szosztansamemozzea 44 v r • City o falermosa Teaeh,...) ATTACHMENT #3 Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254.3885 HERMOSA BEACH POLICE DEPARTMENT COMMUNITY SERVICES DIVISION Dear Mr. Glave, May 26, 1999 According to City animal licensing records you have three dogs. Municipal code section 6.04.040 states that it is unlawful to keep more than two household pets without a Household Pet Permit. Please apply for a permit at City Hall room 101 within 7 days or you will be subject to citation. Please direct any inquiries regarding this matter to the Community Services Supervisor of Animal Control. 318-0215 Sincerely, Vince Balvin Community Services Supervisor nurni.doc • • $�..` p foam ATTACHMENT4 ip? nit to;yep cion-r;wasehold nnimnt5 or more t nn two ern non -household nnimnls include birds, poultry, ier insects) ivarne. Corey w clave and Sharon Lundy- ;lave Address:1042 2nd Street City/State/Zip: Hermosa Beach, CA 90254 Telephone: 310-379-0065 1. The number and general description of all animals for which this permit is requested: One (1) gray and black shephard mix doq Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the same as the applicant listed above: Same ac above 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): Owner Any information known to the applicant concerning vicious or dangerous qualities of all such animals: is not vicious. .•.. w - .. - .. . 0_ 000_ Describe the housing arrangements for all such animals: Animal is maintained in full lot of land, fenced • • • City of 21ermosaTeack Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa Beach Police Del:aliment Community Services Division Household Pet Permit StirvLy Hein',a Beach Resident The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep three dogs. The purpose of this questionnaire is to determine w 'ether or not you have any objection to granting a permit for this application. Please answer the following questions. ! Ha\ c you'zxreric'nced any aunt' -ii re!ated prc,bleins at t 042 2nd Street Yesiv .2 N:o -. ',Vhatprcblcio(s), if anv. are you z:xi,crent-:ing, ecncerning thesQ, pets? 1 --,...5i---rz (.1:Lit.,Lz-s-4--- 0.....“-; ...,,--e.='-'-'''"\ )•-,-"Y"\ - .., liow often are you disturbed by the pet(s)? GRe specific dates and times of ris-t-At, annoyance, if possible. a/i-v.„ (-)-).1 (l____, ,,,,,-2.__ d1_,,,.....>„:6-_-_, ry,...,j.--K...).....s c.- .. -3 4. flow long has the problem existed? 2._)-(.,y,_.,<,_ .,:.4' ' . _.,i)n,,,, .1.. Aki,,,,, , .-.. 5. Describe the pet(s) if possible. __3---cz_A,,6 :2_ _c_ -_,42.1p-1 1-VjL, A...kj__D_Ca_t2 az7.1•:2-2.---,--. —6-- -3 ) k. ,ie, --N54-- 4.`-',,, • 6. Have you contacted Animal Control about the problem'? Ves No L------- - 7. Have vou discussed the problem with the owner? Yes No Please give us the followincl. information Thk information will remain confidential. Name ; 0 Li) Address, --3:;) —1 /.2._.__ic.c• 1--7-- Phone, / Date . . _ 7........- .-. fn ..„7---2----n; .--•:--- c,,,( e.... ] L.) Thank You Vince Balvin Community Services Field Supervisor • • City o f2-lermosaTeaclL Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa ileo ri Police Dein! E!uei;F i c!ninu nn' Services .Division Household Pet Perfrit Survey Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep three dogs. The purpose of this :questionnaire is to determine whether or not you have any objection to granting, a permit for this application. Please answer the following questions. cave you experienced any animal related problems at 1042 2nd Street.? Yes No - - 2. What specific prof) em(s). if any, are you experiencing, concerning these pets? All _ui_.._✓C .._..1ae.,....5i-zii'y1l_72A,'_lirJh __ J. How ofc arc you distui bed by the }et(s)•? (;i\times specific dates and of anlicyance, if iosibie. ___(-12_,/t`.dg'`141- .__ 4. How long has the problem existed'?/Iss �% l eh) e YeS'ijP eY yr 5. Describe the pet(s) if possible. , Ger r r) ./ 1 .5('P11 di; j5 . C./ 6. Have you contacted Animal Control about the problem? YeYes__ No 1 7. Have you discussed the problem with the owner? Yes i` o V_ Please give us the following, information. This information will remain confidential. Name gib .3/3 Phone Comments:__TAf fvrh rX� 0702 FirS7L GC_ address /v2n /99y ate C u )3 P�1� a>7 h d S u/e ,6e12;4e1 4C -e. hol canta-i ,:5-oe Vince Balvin -e•%!S C1� ; �C�Gu�iThank You 54 � ,✓ Community Services Field Supervisor -L W a LA -1C1 h d� t Y) aJ6y ness �= • • City of f-lermosarBeacL Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa Beach Police ► e C!!'f!P ent Community Services Division Household Pct Permit Surt•e Dear Hermosa Beach Resident' The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep Three dogs. The purpose of this questionnaire is to determine whether or not you have any objection to granting a permit for this application. Please answer the following questions. Have you experienced any animal related problems at 1042 2nd Street.'? Yes No What speciI,c problems), it any, are you experiencing, concerning these pets? How often are \ ou disturbed by the pei(s)? Give specific dates and times of i annoyance, if possible. How long has the problem existed'? — --- Describe the pet(s) if possible. /*% / f f:4' " k' cel;' fr'" : / "f:/(1;/ Have you contacted Animal Control about the problem? Wes ___ No k % k 7. Have you discussed the problem with the owner? Yes = No -- Please give us the following information. This information will remain confidentiai. •-i Name Phone• / ate Comments: �..;' ,1 " i� '� � 1 �, ,fy , / r/, ��_� ��—:_���_��-'t•.�./L% � r j/i/, Adress Thank You Vince Balvin Community Services Field Supervisor • • City o f `�lermosa 1�3eac1L.) Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa Beach Police Department COMinluitll`l•' Services Division Household ser old Pet Permit Survey Dear Hermosa osa Beach Resident• The City of l lermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep three dogs. The purpose of this questionnaire is to determine Whether or not you have any objection to grantini7 'a permit for this application. Please answer the following questions. Have eYiierienced any animal related a problems at I C42 2nd Street.? etc; No li . t ;ice ,rl?:. pi!:' %i',iil(S1 i.0 ay. inC ',on ,:I ;21 i.tncirig. :oncerir g these pets? Hoy; often aye;you distiiibed by the pets Gi4e specific dates and times of t V i'C i s'1' , ii ;j i} ;'iiSJ!'rC jJct(�y(dr- a.li;l S_:'y .1 pcs i,i. �.. _—_ L. �� Z�� I `_-'--(-i-t -_.-----_—�._---_--- How long has the problem existed'? 5. Describe the pet(s) if possible. 6. Have you contacted Animal Control about the problin'' Yes No 7. Have you discussed the problem with the own r'' Yes - No (/ Please sive us the following information. This information will remain confidential. •i <<r -t% � ib L 7 1\` S:\- OZY k r--11;c10)3r) Name Address c2)-\ Phone Date Comments: (e -irk 'r_h. � .= '—r.1-_�i _.-c�_1 tzt�7�t° -- _-. � � t��'� —� �1� Qr1745O7r?z f' z� ,-L-;r' S u rcr ,vv . = fflc, ti i cr--d bark. Thank You Vince Balvin Community Services Field Supervisor 1 y V • • City o f `�iermosaTeacly Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa er iosa Beach Police Deportment Community tj' Si wires Division Hottvelrold Pet Permit .Si rt•ej Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep three dogs. The purposeofquestionnaire to . e...-, whether not N"�Yv"` this �IueS.,vu,.., is d.�t.irlili��, �wuL.tlCi� or you have any objection to granting a permit for this application. Please answer the following questions. 1. Have you experienced any annual related problems at 1042 2nd Street.? Yes No 1 What specific problem(s), if any, are you experiencing, concerning these pets? 3 How often are you disturbed by the pet(s)? Give specific dates and times of annoyance, if possible._'! � 4. i-i()w longi has the problem existed? (::i ;i <b!v -__-Q--i•-c-1x. 5. Describe the pet(s) if possible. 6. Have you contacted Animal Control about the problem? Yes No ?( Have you discussed the problem with the owner? Yes No ic` Please give us the following information. This information will remain confidential. -- , `t V �z --i.---i- ,- -i- C.' ! C' .1 , `p er.. dame Address Phone Date Comments: Thank You Vince Balvin Community Services Field Supervisor • City of 2iermosa l�eaelt. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Hermosa .Beach Police Department Community Services Division household Pet Per;nit Sr,, rei. Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than two l'^u`e_ha.d pets wthin the City, limiter. 'TI -z.‘ applicant wishes to keep t 'e dogs. The purpose of this questionnaire is to determine whether or not you have any objection to granting a permit for this application. Please answer the following questions. Have you experienced any animal related problems at 1042 2nd Street ? Yes No - 41. -t-•e What specific problem(s), if any, are you experiencing, concerning these pets? • - ic✓i--- :_ 1_ ('L1\t_I +� A _'y Ar? -11 • - How often are you disturbed by the pobs)' Give specific dates and times of annoyance, if'possible. _JJ.q' 4 -- -- ------_-._-- How long has the problem existed'?5n- ` c ,e i '1Pp.-07,1 m44Ly 1 ;1Q.. `ie u.k•S 5 Describe the pet(s) if possible /tLy4 • hc•FGLeg. 6. Have you contacted Animal Control about the r.roblem? Yes V- No Have you discussed the problem with the owner'? Yes V No Please give us the following information. This information will remain confidential. Name 13 via- rs Phone Comments sj cr.: t•'/-1kit r-C'Z' Thank You Vince Balvin Community Services Field Supervisor Address IL(ic4', 54-- (9 002 c - c% Date -=b LY'1l S • • June 18, 1999 City of Hermosa Beach Police Department Community Services Division City Hall 1315 Valley Drive Hermosa Beach, Ca 90254 To Whom It May Concern: This letter is in response to your postings on Second Street of the Administrative Hearing regarding the request for a permit for more than two household pets at 1042 Second Street. As I am sure that your Department is aware, I have made several phone calls to the Hermosa Beach Police regarding the insistent barking of one of the three dogs that live in the back yard at 1042 Second Street. My residence is next door on the West side. • The offensive dog is the German Shepherd mixed type dog. As a matter of fact there are also two cats and three dogs at that residence, so there is a total of five pets residing there. On occasions when the pet owners are gone for the day, or several days, the dogs are left alone in the yard which results in more than the usual barking and a smell like the yard is a pig pen. Because the lots are so small in this City the behavior of the immediate neighbors in the matter of pet responsibility becomes other people's problems. Needless to say, I hope that the owners at 1042 Second are not granted a permit for the third dog that lives there. Very truly yours, Eleanor Downs 1036 Second Street Hermosa Beach, CA 90254 Phone 310 372 7514 C � T" OF 1-1ERNusr� t Cft A.D *TR (A + I'v'y t+En Ri 1\C7 RL5(D Ekir S O N 10(4-2_ 2_1\1' S R NEP lvS ARC A PPLV- t FOR , PER M II TO KEEP A Min w� F R M i✓ OPPOSE Tiffs t ER M i r I 51 /J cG HnvE a cE SSit/L \MRKi NIN Ott R ! EfGft\BO1 HOOD I L RE(j L4H!Ci+ i S V ER Y Af,t i N - IT Giti 5 i �/5 &u i 1-1FE: �-0 is Pt MAT'S .br':1=RItti'_rJ 3' R -L jE5 5 APPLY, NO .f COUNTY OFNGELES + DEPARTMENT OF HEA SERVICES PU�'�iC HEALTH PROGRAMS AND SERVI S ENVIRONMENTAL HEALTH 122 W. 8TH STREET, SAN PEDRO, CA 90731 (310) 519-6050 Refer Responses To: South Bay District Office 122 W. 8th Street San Pedro, CA 90731 August 04, 1999 General Services City Of Hermosa Beach c/o Vince Balvin 1035 Valley Dr. Hermosa Beach, CA 90254 Dear Vince Balvin: In response to a request by your department that an evaluation be made of the condition of the yard at 1042 - 2nd St , an inspection was made on July 30, 1999, and the premises were observed to be in a clean and sanitary condition. Very truly yours, David Shepas, Environmental Health Specialist DS:os • • • ATTACHMENT #5 it of er S cilir sa_ .: ��, . i�`2�„-t." ae :z ,�-,.e+•�^a• � s•,-r.r?� �-„?–_,: 57- �.:^3..�—�i'�7'!.'�"�'�.L� 'y.iLli=`:.:i��'s'��,�':� ' _ _ cApplicntion for r_crrnit to ks—,cp non -household nnimnls or .more than two household pets (the term non -household nnimnls include birds, poultry, reptiles, bees md other insects) Name: Corey W. Glave and Sharon Lundy -Glave Address:1 04 2 2nd Street City/State/Zip: Hermosa Beach, CA 90254 2• Telephone: 310-379-0065 The number and general description of all animals for which this permit is requested: One (1) gray and black shephard mix dog Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the sante as the applicant listed above: 52 ma-�5-3}�BV 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): Owner Any information known to the applicant concerning vicious or dangerous qualities of all such animals: a Dog is not vicious. is _Coo i with r.ennl e zn�7 nrhor dc -g. 5. Describe the housing arrangements for all such animals: Animal is maintained in full lot of land, fenced -_.-mad, r_nial sleeps inside house at night 1025 1031 1037 d 125 1041 1042 Orally Agreed, 1108 Recused 1110 1110 1115 1116 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in «Titing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) joP1 i'f per ) Name -�;�-- Address Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals...' Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in Nvritina, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in ‘riting to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shalt result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) 11) Address MQQ Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals...'' Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2°' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in Dave a hour) Sigr' Lure fY(21-i Kt IA Name 47T Address Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted �han ttwo adult dogs shall residential make application for a on keeping or maintaining more permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in \writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour• I understand that, out of an abundance of caution, the people residing at 1042 2 Street, Hermosa Beach, CA 90254, a house with a detached garageande m�funitain theced in yar, three adrlt dogs located iirrentlyo lots of land, intend to apply for a permit to con living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Narhe Address i -nature c cJ Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals... Hermosa Beach Municipal Code.Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any Prthecomplainant'sises...any animal propehich,rty line arny dor outcry, shall result in noise levels audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2'iStreet, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adultdogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name Address L.' Signature • • Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in «Tiring, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in «Titing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit a e allowing the above �5 persons to continue , to have three dogs. Address I do not believe said dogs bark excessively (excess of 5 minutes in a hour) J�C�YU,iV k2JQJX11. 6- /it q7 %Signature Date Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing. addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: :.No person shall keep ...upon any premises...any. animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour. a I understand that, out of an abundance of caution, t fncedhe people resing tino yard, locatedStreet, onetn o,a Beach, CA 90254, a house with a detached garage and a fulling ` lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. 1 I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name Address /2 iii ''Signature 7 Date Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. st—vp 7 Name 1 l i 5'e• Address I do not believe said dogs hark excessively minutes i n //_i.:,.. (excess of 5 a Daft hour) Signature a 0 states in nent parts: Hermosa Beach Municipal Code Section 6 OnOesidentialP ontes, no more than two adult "Pursuant to thepermitted dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals... Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in «Yiting, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 stat1sths�, any animal ...which, by any' sound or "No person shall keep ...upon any pe outcry', shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2'`'' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. ■ I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Name Address I do not believe said dogs bark excessively E� (T�6 G/n "$ �— (excess of 5 minutes in ��-'Signature Date a hour) Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shalt make application for a permit to keep and maintain such animals... Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing. addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: sound or "No person shall keep ...upon any premises...any animal ...which, by any outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in — •- Date a hour) Signat re r n CSC -e-J Name Address, W,rr,-'0 C� Civ, C 0 2-`� c� C- 9 C� Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. z I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Address Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in «Titing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2 Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing. the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) (hgv Com' cJ4 ve- Name /P1-/Z.z:��1 51 /ICS Address 57 `—� Signature � Date a Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2", Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. v� I do not oppose the Al LA g i -c 4A City issuing a permit Name allowing the above z 5h�� ��? persons to continue II '2 '2-4•11) c- �� IE�F' to have three dogs. Address I do not believe said dogs bark excessively(%y (excess of minutes in 71,1nJ h-- �! c� �; to /c7 -j a hour) Signature Date Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) t b``/ Name Address Signature Date Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult, dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2'd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. i I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) (Name /// Address 7 7 /c4 -2 Signature Date • • Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2 Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name Address Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services -----department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2'd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. < 1 I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Name 1/7 Address I do not believe said dogs bark excessively' ;' j (excess of 5 minutes in Date a hour) Signature Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining, more than two adult dogs shall make application for a permit to keep and maintain such animals...'' Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 god Street, Hermosa Beach, CA 90254, a house with a detached garag,e and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. i I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) _� n» (1\ 1-, Name lases cne� COVi4 Address f Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) VAct4 Name (c.) 8 .6 a CL_ Address Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping'or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring, to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing. at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing. a permit allowing the above persons to continue to have three dogs. I do not believe said dogs hark excessively (excess of 5 minutes in Address a hour) Signature G Date a Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a` - permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing, at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) C7ec,;(- e /? a'er Name i( /3/-i7Cf Address 6 Sign Cure Date • Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application, for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2'a Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. Y/ I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name H I Ar' Y CouI i Address �l� • Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a pet -mit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. �. (A110 MCC Name i2-2- 1A1,24.\) N er Ci Address I do not believe said dogs r bark excessively (excess of 5 minutes in �� k``� '�� C 6` v 1,;(,_,J (o G 1 a hour) Signature Date CITY OF HERMOSA BEACH ANIMAL CONTROL Corey Glave 1042 2"d Street Hermosa Beach, Ca. 90254 Dear Mr. Glave: ATTACHMENT #6 I regret to inform you that your application to keep a third dog has been denied. Denial of your permit is based on past problems with barking. Aside from other complaint we received during our investigation of your application, a nearby neighbor complained that when any person goes into their back yard your third dog barks at them excessively. Considering that your dog should be familiar with the neighbor it seems there is no hope for the neighbor to enjoy their back yard while your dog is living on your property. While patrolling the area for barking complaints I personally observed your dog barking at the neighbor when the neighbor was merely standing in their yard. You have the right to appeal this decision. If you should chose to do so please go to room 101 at City Halls and tell them you want to appeal this decision to deny your application. Sincerely, Vincent P. Balvin Community Services Field Supervisor cpplication for permit to keep non -household animals or more than two household pets (the term non -household animals include birds, poultry, reptiles, bees and other insects) Name: e x:? � `�=��1�_U2�AL ��►–►' -'k •Address: 'a-4) -•-•• City/State/Zip: '\ Telephone: � w)`S")S > The number and general description of all animals for which this permit is requested: :7)`1,\ (\ , `.� ♦ %�w I. YJ\ I A TiS,' Nee) Z l^ Y` • 2. Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the same as the applicant listed above: 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): Gi..t.i�.-.s✓— ��f i ,� L.C/� 4. Any information known to the applicant concerning vicious or dangerous qualities of all such animals: , \�J ...�, �.JiL:vw 5. Describe the housing arrangements for all such animals: • • LAW OFFICES OF CHARLES A. GOLDWASSER 5670 WILSHIRE BOULEVARD SUITE 2420 LOS ANGELES, CALIFORNIA 90036-5615 TELEPHONE (323) 964-7100 FACSIMILE (323) 964-7107 E-mail CoGlave@aol.com September 14, 1999 DEMAND FOR PUBLIC RECORDS Val Straser Chief of Police Hermosa Beach Police Department 540 Pier Ave. Hermosa Beach, CA 90254 Re: Public Records Request Dear Chief Straser: ATTACHMENT #8 We represent the Glave family in regards to their application to maintain a third dog at their residence and the subsequent denial of said application. Pursuant to California Government Code Section 6250, et seq., we request that the Animal Control Department/Police Department, send us copies of any and all documents referencing the Glave family, the property located at 1042 2"d Street, Hermosa Beach, California and the animals kept at said address. Enclosed is a check to the City of Hermosa Beach in the amount of "not to exceed twenty five dollars" which you may complete to cover the cost of copying the requested documents. This request includes, but it not limited to, copies of any and all of the following: Crime reports, evidence report and follow up reports of investigations conducted regarding the dogs living at 1042 2"d Street, Hermosa Beach, California, for the last 10 years. Photographs of the property, residence or animals located at the above address Citizen complaints about excessive barking at this address, for the last ten years. Citizen complaints of excessive number of animal kept at this address, for 1 Chief Val Straser September 14, 1999 Page 2 the last ten years. All notes, report and memoranda (whether handwritten or typed) by any and all animal control officers for the City of Hermosa Beach regarding investigations, complaints or communications regarding the residence or animals at the above address, for the last ten years. All notes, reports or memoranda (whether handwritten or typed) of the Chief of Police regarding the residence or animals located at the above address, for the last ten years. All reports regarding the above address, residence, and/ or animals, filed with the City's Prosecutor's office for the last 10 years. (September 1989 to September 1999) Any and all documents , notes , reports or memoranda (whether hand written or typed) by animal control officers or other investigation officers, of the Animal Nuisance Survey conducted in February 1994, dealing with the dogs at 1042 2"d Street, Hermosa Beach, California.' Copies of all animal nuisance surveys, referenced above, returned to Animal control by the citizens surveyed. 'The term document or documents shall be construed in its broadest possible sense under Code of Civil Procedure Section 2031 and shall include, but is not limited to, the original and any non -identical copies of any document, or any draft thereof, any kind of written, typewritten, printed or recorded material whatsoever, including but not limited to any notes, memoranda, charges, complaints, claims, affidavits, statements, papers, files, forms, data, tapes, printouts, letters, reports, communications, contracts, agreements, telegrams, records, correspondence, diaries, calendars, policies, procedures, manuals, handbooks, minutes, logs, recordings and transcripts of recordings, information retrievable from computers, photographs, diagrams, drawings, microfilms, or ar.y other writing, however produced or reproduced, and further includes, without limitations, originals, all file copies, all other copies, no matter how prepared, and all drafts prepared in connection with such documents whether or not used, excepting only those documents which are privileged or otherwise protected from disclosure. • • Chief Val Straser September 14, 1999 Page 3 Copies of all contact notices, from the City of Hermosa Beach, left at 1042 2"d Street, Hermosa Beach, California, for the period of September 1989 to September 1999) Copies of all documents, notes, reports or memoranda from the Chief of Police to animal control officers regarding complaints received about the animals located at. 1042 2"d Street, Hermosa Beach, California, for the period of September 1989 to September 1999. Copies of the geographic file/Premise History for 1042 2"d Street, Hermosa Beach, California for the last seven years. Copies of the geographic file/Premise History for the 900 to 1200 block of 2"d Street in Hermosa Beach, California for the last seven years. Copies of the geographic file/Premise History for 1036 2" d Street, Hermosa Beach, California, for the last seven years. Copies of the geographic file/Premise History for the 900 to 1200 blocks of 1" Place, Hermosa Beach, California, for the last seven years. Copies of the geographic file/Premise History for Barney Court, Hermosa Beach, California, for the last seven years. Copies of all sight evaluations conducted by the Los County Environmental Health Division, at the request of the City of Hermosa Beach, during the application process for a permit to maintain more than two animals, for the last seven years. Copies of all written responses received by Animal Control/Police Department from the posting of the public hearing signs regarding the application of Corey Glave to obtain a permit to maintain three dogs at 1042 2"d Street, Hermosa Beach, California. Copies of all Hermosa Beach Police Department Community Service Divisions Animal Nuisance Surveys regarding the dogs that live at 1042 2"d Street Hennosa Beach, California. Copies of all documents, notes, .reports, or memoranda from the Chief of Police to Community Service Officers regarding the handling of complaints about 1042 2"d Street, Hermosa Beach, California. Chief Val Straser September 14, 1999 Page 4 Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers, and/or Community Service Officers, for the last seven years, for municipal code violations regarding an excessive number of animals at one location ("Household Pet Law"). Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers and/or Community Service Officers, for the last seven years, for municipal code violations regarding excessive barkingnoise. Copies of all applications made to the City of Hermosa Beach for permits to keep more than two household pets, for the last seven years. Copies of all patrol logs of Animal Control Officers and/or Community Service Officers for the period of April 8 1999 to September 8, 1999. Copies of all documents, reports, notes and memoranda from Animal Control Officers and/or Community Service Officers regarding complaints, investigations and/or contacts made regarding the animals located at 1042 2`id Street, Hermosa Beach, California, for the last 10 years. Copies of all documents, reports, notes, and memoranda regarding surveillances, conducted by Hermosa Beach Animal Control Officers and/or Community Service Officers, of the property located at 1042 2"d Street, Hermosa Beach, California. All material upon which the decision to deny cur clients' application to maintain three dogs was based, including by not limited to any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in Mr. Balvin's September 8, 1999, letter to Corey Glave. Under Section 6256, the Department has ten days within which to respond to this request. If the Department chooses to withhold information, it must justify such withholding pursuant to Section 6255. If we are required to bring suit in order to obtain these records, we are entitled to attorney fees under Section 6259. Chief Val Straser September 14, 1999 Page 5 • • ruly yours, J-4-0-e— CORPi W. GLAVE CWG cc: Stephen Burrell (w/out check) Vince Balvin-Hermosa Beach Police Department, Community Services Division (w/out check) "/Melvin R. Lee- Animal Control Supervisor (w/out check) a PUBLIC NOTICE November 2, 1999 IMPORTANT PUBLIC NOTICE 1042 SECOND STREET NOTICE TO PROPERTY OWNERS OF AN APPEAL OF A POLICE DEPARTMENT DENIAL OF A HOUSEHOLD PET PERMIT TO ALLOW THREE DOGS, AT 1042 SECOND STREET. NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Hermosa Beach will hold a public hearing on Tuesday, November 9, 1999, to hear an appeal of the Police Department denial of a Household Pet Permit to allow three dogs at 1042 Second Street. SAID HEARING shall be at 7:30 P.M. or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, California. ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Police Department in care of City Hall at the above address prior to Monday, November 8, 1999, at 12 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. FOR FURTHER INFORMATION, please contact the Police Department at 318-0300. A copy of the staff report will be available for public review on November 4, 1999 at the Hermosa Beach Police Department. l��� 'Q VAL STRASER, CHIEF OF POLICE HERMOSA BEACH POLICE DEPARTMENT Richard & Mary Omani. 1012 Second St., Hermosa Beach, CA 90254-5333 Home Phone 310 374-5211 RECt1 VED �l V: Hermosa Beach Police Department C/O Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 November 03, 1999 RE: Notice of appeal of Denial of permit for 3 dogs at 1042 Second St., Hermosa Beach. For inclusion in the agenda packet for the public hearing on Tuesday November 9, 1999. To Interested Parties: My wife and I have lived at the above address for going on 21 years now, and have seen many changes in Hermosa Beach with neighbors coming and going. The people at 1042 Second Street have been good, conscientious neighbors, that have never been a nuisance to us with their dogs or in any other way. Their dogs are of no bother to us, and they keep their yard clean and sanitary. We see no reason that they should be denied to have three dogs. They have demonstrated responsible dog ownership and create no problems. We would encourage the City of Hermosa to grant the permit to allow them to have 3 dogs at that address. Richard Davison WAY •1111401. ... • November 1, 1999 Honorable Mayor and Members of The Hermosa Beach City Council cc 99 Regular Meeting of November 9, 1999 SAINT PATRICK'S DAY PARADE AND FESTIVAL: SATURDAY, MARCH 18 AND SUNDAY, MARCH 19, 2000 Recommendation The Parks, Recreation and Community Resources Commission and staff recommend that Council approve: 1. The request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their annual Saint Patrick's Day Parade on March 18, 1999. 2. The event contract (Attachment A) and street closures as requested. 3. The addition of a surf contest subject to staff approval of operations plan. Staff recommends that Council consider the following requests: • $5,000 allocation from the Downtown Enhancement Fund for Parade expenses (currently listed in the FY 99-00 budget). • Up to $2,000 from Proposition A Transportation Funds for shuttle bus service. • Waiver of: parking fees, banner fees, and amplification permit fees. • Billing for Police, Fire and Public Works services at actual hourly cost. • Street closure for an additional day (March 19th) to expand the Festival to two (2) days. Background On August 19, 1999, staff received a request for a special event permit from the SBSPDC to hold their 6th Annual Saint Patrick's Day Parade and Festival. Attachments B -D contain the event outline, budget and site plans. Analysis The parade staging area will be located on Valley Drive from Pier Avenue to 8th Street using: • City Hall Parking Lot, • Valley Drive, • the Greenbelt, and • • • beyond 8th Street on the Greenbelt Parking Lot. This staging area plan has worked successfully in past years to minimize the impacts of street closures by confining operations to the south side of Pier Avenue. The parade route will begin on Pier Avenue at Valley Drive and will proceed westbound to Hermosa — Avenue where it will turn southbound (on the East Side of Hermosa Avenue) and end at 8th Street. As a one -day event, staff recommends vendor booths and the festival be located as follows: • Hermosa Avenue from Pier Avenue to 10th Street (south) and 14th Street (north). • 11`" Street west of Hermosa Avenue to Beach Drive and one-half (A) of Parking Lot A. • One stage on Hermosa Avenue at 14th Street and two small stages on the Plaza (one at the west end near the Strand and the other near Hermosa Avenue). As indicated in the attached proposal, the Committee has requested an additional day of operations for the Festival in order to raise more funds. Since street closures are determined solely by City Council, staff and the Commission will defer that decision to Council. If Council approves this request, staff will determine additional Police and staff fees and will require an approved traffic safety plan for the extended closure. Fiscal Impact: $5,000 allocation from the Downtown Enhancement Fund $2,000 allocation from Proposition A Funds $ 300 Administration Fee deposited into the General Fund Direct costs for Police, Fire and Public Works to be determined pending length of festival. Last year's billing was $4,833.54. Attachments: A. Event Contract B. Letter of Request C. Operating and Media Budgets D. Diagram of Parade Route and Vendor Booths Respectfully Submitted, Mary C./Rdry Direct of Community Resources City Manager Viki Copeland Director of Finance 2 CITY OF HERMOSA BEACH CONTRACT WITH SOUTH BAY SAINT PATRICK'S DAY COMMITTEE, INC. This contract is entered into on October 26, 1999 at Hermosa Beach, California by and between SOUTH BAY SAINT PATRICK'S DAY COMMITTEE, INC. (SBSPDC) a non-profit organization and the CITY OF HERMOSA BEACH (CITY), with regards to the "SAINT PATRICK'S DAY PARADE" Special Event on — — -March 18-19, 2000. FEES Event administration fee shall be: $300 In addition, direct costs for Police, Fire and Public Works at actual hourly costs. All predetermined fees shall be paid two weeks prior to Event. All unanticipated costs incurred by CITY on behalf of the event shall be paid within 15 days of receiving an invoice from CITY. CITY shall allocate $5,000 from the Downtown Enhancement Fund for this event. The funds shall be paid to SBSPDC on a reimbursement basis and shall be used first to offset all CITY fees and next to pay for professional event management services. CITY shall allocate $2,000 from Proposition A transportation funds, which shall be used solely for event shuttle bus public transportation. PARADE ROUTE & VENDOR BOOTHS Parade staging area shall be on Valley Drive adjacent to City Hall. Participants will be instructed by SBSPDC to park at the Community Center or other public lots. Busses will be permitted to park at the southeast City Hall lot. The northeast lot shall remain available for library and general public parking. ➢ The Parade route shall begin from City Hall down Pier Avenue to Hermosa Avenue (east -side) south to 8th Street and east to disband. ➢ Festival vendor spaces will be on both sides of the median and on the sidewalk on Hermosa Avenue between 14th Street and Pier Avenue and on the west side of the median and on the sidewalk from Pier to 10th Street. Sidewalk spaces will be available to businesses located in the festival area in front of their stores. ➢ Stages with live entertainment will be on Hermosa Avenue at 14th Street (13th Street if North Pier Lot is re- opened) and two on the Pier Plaza. SECURITY CITY shall provide Officers for the parade route between the hours of 8:00 a.m. to 2:00 p.m. on March 18, and Officers for the celebration activities on both days from 10:00 a.m. to 7:00 p.m. The Chief of Police shall determine the number of officers necessary to ensure event safety and traffic control. CITY shall provide two (2) Fire/Paramedic personnel for the event or as many firefighters as deemed necessary by the Fire Chief. All costs of the Officers and Fire/Paramedic personnel shall be assumed by SBSPDC. Responsibility for unarmed event security shall be assumed by SBSPDC. PARKING/BARRICADES 1 • • SBSPDC will post temporary "No Parking" signs 24 hours in advance of the restrictions as required by CITY. CITY requires SBSPDC to provide adequate signage to parking and notice to residents of 7th and 9th Courts regarding street closures. SBSPDC shall provide a shuttle bus service from a major satellite point(s) on the outskirts of or outside of Hermosa Beach. SBSPDC shall provide directional signs and advertisements, which shall be approved in advance by CITY. Temporary No Parking signs will be posted by SBSPDC: 1. Valley Drive from 8th Street to Pier Avenue from 7 AM — 1 PM, Saturday, March 18. 2. Hermosa Avenue from 14th Street to 10th Street: times to be determined. 3. 11th Street from Hermosa Avenue to the parking lot entrance: times to be determined. 4. Any other locations as directed by the City. CLEAN -UP The streets and Plaza shall be cleaned by SBSPDC to meet the conditions as specified by CITY staff. SBSPDC shall be responsible to provide adequate trash receptacles and portable toilets as necessary to accommodate the event. SBSPDC shall be responsible for hauling the trash collected outside CITY at end of event. INSURANCE SBSPDC shall provide CITY with a certificate of insurance providing liability insurance naming CITY, its officers, employees, and agents as additional insured with a minimum coverage of $2 million combined single limit coverage. SBSPDC agrees to defend, indemnify and hold CITY harmless from and against any and all liability and expense, including defense costs and legal fees, caused by negligent or wrongful act or omission of the event organizers or its agents, officers and employees, including but not limited to personal injury, bodily injury, death, and property damage. ADVERTISING CITY shall permit three (3) street banners to be posted for the Event. SPECIAL EVENTS CITY shall review all requests for any special events requested as part of said event. CITY shall have the right to deny all requests. MISCELLANEOUS CITY RESPONSIBILITIES CITY staff shall allow SBSPDC the opportunity to sell concession items per certain conditions. All concession items must be approved by CITY prior to the event. MISCELLANEOUS RESPONSIBILITIES OF SOUTH BAY SAINT PATRICK'S DAY COMMITTEE SBSPDC will be required to obtain an amplification permit. SBSPDC will be solely responsible for event management. SBSPDC will notify all affected residents/merchants about the parade and festival. 2 • • Hermosa Beach merchants will have first priority to reserve vendor booth space. No food vendors will be allowed on the Pier Plaza. Merchants on lower Pier Avenue and Hermosa Avenue will be permitted to display wares and/or create outdoor dining areas for the duration of the event at no charge to the merchants. SBSPDC is responsible to ensure that all relevant Health Department and CITY codes are adhered to. Twenty -foot (20') fire lanes shall be maintained in the booth areas as specified by the Fire Chief. CITY reserves the right to amend booth locations as necessary for emergency access and fire safety purposes. SBSPDC shall be responsible for posting "No Alcohol" signs prohibiting the use of alcohol on lower Pier Avenue. No items will be thrown from the parade entrants to the viewing public. A traffic control plan shall submitted by SBSPDPC least three (3) weeks prior to the event for approval by the Public Works and Police Departments. Barricades, cones, and related equipment shall be provided and posted by SBSPDC. Detour signs shall be included in parade route areas. SBSPDC will abide by any additional policies or appropriate fees as established by CITY. Event shall be conducted in compliance with CITY Noise Ordinances. Ordinances are on file at the Department of Community Resources. CITY RETAINS THE RIGHT TO AMEND, ADD OR DELETE ANY CONDITION (S) OF SAID CONTRACT. CITY OF HERMOSA BEACH Mayor Date APPROVED AS TO FORM City Attorney Date DEPARTMENT OF COMMUNITY RESOURCES Director Date SOUTH BAY SAINT PATRICK'S DAY COMM I IEE Director of Operations Date Al !EST City Clerk Date 3 • Glti'dogArtv&vAzzirt,„ �. $ER71103Ti BER Los Angeles County's Premier St. Patrick's Day Events http//www.stpatricksday.org South Bay St Patrick's Day Weekend Committee A California Non Profit Corporation IRS LIN 33-06503 Jean Cullen, Co -Chair J. Travers Devine, Co -Chair Thomas G. P. Hansen, Secretary/Corporate Clerk Corinne Ybarra nee Rae, Secretary/Communications Jim Fucile, Treasurer Bonnie Davis Mike McLaughlin Susan Preston Colleen Stanovich Gina Cook -Nyman Mike Ludwig Steve Poirier Vincent Schmeltzer Virginia Scaccianoce Steve Kinney Marie Ryan Tony Sotos Abel Ybarra P.O. Box 1529 Hermosa Beach CA 90254-1529 (310)374-1365 fax 310)374-4972 August 17, 1999 Honorable Julie Oakes, Mayor City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 RE: 2000 St. Patrick's Day Parade & Festival Dear Mayor Oakes and Members of the Council: The St. Patrick's Day & Festival Committee would like to request your approval of the enclosed proposal for our 2000 St. Patrick's Day Parade and Festival. We are proposing a major change from previous years, consequently, we are submitting our proposal earlier than normal. In reviewing our 1999 actual income and expense report, you will note that our Committee was only able to achieve a slight margin of profit over expenses. We would like to improve that situation for two reasons: 1) we would like to make a more substantial contribution to each of our four charities. 2) We would like to have a better bottom line held in reserve to begin working on the following years events. In addition, with the possibility of the repeal of the utility tax in November, there is a possibility that our event, along with many vital and needed services of the City, could be cut from the Municipal budget. As a result, we are redoubling our effort to find additional Corporate Sponsors. We are especially interested in obtaining non -alcohol related sponsors, since we are a family event, much more reflective of the Irish in America than the stereotype of St. Patrick's Day as a drinking only celebration. The major change that we are seeking is to expand to a two day event with the vendor's booths remaining overnight. The second day would be a continuation of the Festival with three stages of Irish entertainment and we would seek to enhance the entertainment the second day with additional High School Band, Bagpipe Band and Irish Fiddle music. • • It is our belief that a two day festival will attract more Irish vendors who have to come long distances and have been unwilling to do so for a one day event. As I'm sure you are aware, the Irish community in Southern California is, spread all over the place, unlike San Francisco where there are actual neighborhoods where the Irish are concentrated. We think we can draw additional Irish vendors from San Bernardino, Orange County, and Northern California with a two day Festival. In working with Mark Conte, we have estimated that our costs for a two-day event would increase our expenses by 35-40% while increasing our income by 60% or more_ The Parade will again be its original 1995 route from City Hall down Pier Avenue to Hermosa Avenue South (on the east side of Hermosa) to 8th Street and east to disband. The west side of Hermosa Avenue will be utilized for Festival vendor space with a stage at 10th Street and Hermosa Avenue. Pier Avenue from Manhattan to Beach and Hermosa Avenue from 14th Street to 10th Street would be closed to traffic from 7:00 A.M. to 7:00 P.M. A stage will be placed on Hermosa Avenue at 14th Street for acoustic entertainment and the Ancient Irish encampment of "Queen Medb". Two stages will be placed on Pier Plaza - one at the Pier head and one near Hermosa Avenue. Should the parking lot on 13`" street be open and operating, we would work with City Staff to either accommodate traffic flow into the parking lot or reduce the size of the festival, ending at 13th street. The Committee will, as usual, encourage all business in Hermosa Beach to participate in both the parade and the festival. Our success the last five years received positive response from both the residential and business community. We know that the parade will continue to benefit the city and the businesses throughout the city from the large numbers of visitors to the event and the extensive media coverage provided by the Los Angeles Radio and Television News industry. We are requesting the following items for approval: Authorization to utilize $5,000 as allocated in the City budget for Parade expenses. (with the understanding that. should the Utility Tax repeal pass, those funds will be unavailable) Authorization to utilize up to $2,000 of City Proposition A Transportation funds for bus transportation to and from remote parking. Closure of Valley Drive from 8th Street to Pier Avenue from 7:00 am to 1:00 p.m. (for Parade line up) Saturday, March 18t. Closure of Hermosa Avenue from 14th street to 10th street from 7:00 am Saturday March 18t to 7:00 p.m. Sunday March 19t. Closure of 11th Street from Hermosa Avenue to the parking lot entrance from 7:00 a.m. Saturday March 181 to 7:00 p.m. Sunday March 19t. • • Waiver of Fees and approval for the use of the Clark Building for the Committee's fundraising "Hooley" Saturday March 4, 2000. Waiver of Parking Fees, Street Banner Fees, Amplification Permit fees and other City Fees, excluding Police and Fire Department fees, billed at the actual overtime rate. Approval for Committee to utilize TULIP program for Insurance coverage in the amount of two million dollars. Event Outline Event: St. Patrick's Day Parade and Festival Purpose: Celebrate St. Patrick, Irish and Irish American culture, and to promote the City and all Hermosa Beach businesses. Date: Saturday, March 18, 2000 for the Parade - Saturday and Sunday March 19, 2000 for the Festival Time: Parade from 11:00 a.m. to 12:30 p.m. Saturday March 18`h and Festival from 10:00 a.m. to 5:00 p.m. both days. Location: Under the direction of Conti Productions, the Parade will step off at Valley and Pier Avenue; continue west on Pier Avenue to the east side of Hermosa Avenue where it will turn south on the east side and continue to Eighth Street. Vendors: Cost: Open to all Hermosa Beach businesses. Arts and crafts booths on Hermosa Avenue between 14th street and 10th Street, Pier Avenue between Hermosa Avenue and the Strand and at the base of the Pier. Free to the public. Parade Entries free for all non-profit agencies. $100.00 - $200.00 for business entries displaying logos and promotions Vendor space of 10' by 10' for $200.00. Sidewalk space free to Hermosa Beach businesses in front of their stores. Free booth space will be provided to Hermosa Beach based non-profit Corporations. There is a 15% discount to vendors selling predominantly Irish made and/or Irish themed goods Parade: • • Parade will consist of not more than 125 entries. Festival vendor spaces will be on both sides of the median and on the sidewalk on Hermosa Avenue Between 14th Street and Pier Avenue, on the west side of the median and on the sidewalk from Pier to 10th St. and on Pier Plaza. Sidewalk spaces will be available to businesses located in the festival area in front of their stores. Four stages with live Entertainment will be at Exhibit Space: 14th Street, the Pier head, Pier Plaza at Hermosa Avenue and at 10th Street. The stage at 14th Street will feature acoustic entertainment from Queen Medb's encampmenmt; The Pier Head Stage will feature performances of Irish Eyes; The Pier Plaza/Hermosa Avenue stage will feature Colm Gallagher and 10th Street will have a stage with the band to be announced. The Sunday Festival entertainment will include band concerts from High School and Bagpipe bands, Irish Fiddlers and Traditional Irish Step Dancers and Celli Dancing. The Kiddy Carnival will again be in the Parking lot on 11th Street with the food Court on 11t Street. We are making an attempt to add a "petting zoo" for the event. Food: Participating Hermosa Beach restaurants can have outdoor sidewalk cafe seating, following all City, Health Department and ABC requirements. A limited number of fast food cart vendors will be allowed. We will encourage restaurants and business to rent umbrella table, chairs and outdoor space designation equipment in colors and styles to achieve a uniformed look celebrating the event Food vendor prices are structured to provide a substantial discount to Hermosa Beach Restaurants. Parking: Large parking signs directing cars to remote parking, will be posted at 14th Street and Pier and at Pier Avenue and Manhattan Avenue. Professional security will be provided to guide customers of the Mermaid and the new Hotel, seeking access to Beach Drive. Remote parking and shuttle service will be available and advertised in advance and signs will be posted on Pacific Coast Highway and Pier Avenue; PCH and 8th Street; PCH and Artesia Boulevard. Event Info: An Information booth will be set up at the intersection of Pier & Hermosa Avenues and will be staffed throughout the event. Site management during the event will be provided by paid security and volunteer staff. Promotion: The St. Patrick's Committee will promote the event through newspapers, radio and television and in the Irish newspapers and radio programs. The Committee has 2 banners, which will hang across Pacific Coast Highway and/or Aviation or Pier Avenue. • • Insurance: St. Patrick's Day Committee will provide $2 million liability insurance through the City's participation in TULIP and paid through the funds of the St. Patrick's Day Committee. Cleanliness: The Committee will arrange to have temporary trash receptacles along the parade route as well as at the vendor location. Temporary toilets will be provided. The Committee will hire a maintenance and clean-up crew to pick up trash along the parade route immediately following the parade and clean the vendors' site immediately at the close of the event. Traffic Coordinated between Mark Conte Productions and the Hermosa Beach Police Department, the Committee will utilize a combination of professional security officers, volunteers and off duty Police in a ratio acceptable to the HBPD. The St. Patrick's Day Committee hopes that this event will continue to provide wonderful Irish entertainment for the residents of the community, will help increase sales in the business community, and will promote city pride. Sincerely, J. Travers Devine & Jean Cullen Co -Chairs South Bay St. Patrick's Day Weekend Committee • • South Bay St. Patrick's Day Weekend Committee, Inc. _ 1102 Aviation Boulevard A-9 Hermosa Beach CA 90254 (310) 374-1365 (310) 376-3903 1999 ACTUAL PARADE & FESTIVAL INCOME CASH IN-KIND Corporate Sponsors: Hennessey's $ 1,250.00 Anheiser Busch $ 5,000.00 Tullamore Dew $ 1,000.00 City of Hermosa Beach $ 5,000.00 City of H.B. Transportation $ 1,500.00 Daily Breeze $ 2,500.00 Irish News $ 2,500.00 K -Earth Radio $ 2,500.00 BFI $ 1,200.00 Parade Entry Fees S 600.00 Vendor Fees — Commissions $ 19,465.00 Fundraisers S 2,790.00 Civic Organizations $ 900.00 Committee Booth $ 1,100.00 Individual Contributions $ 240.00 S 32,345.00 $15,200.00 Totals S + in kind $47,545.00 1999 PARADE & FESTIVAL ACTUAL EXPENSES Supplies, Business Expenses $ 1,407.97 Advertising $ 2,402.00 Daily Breeze Irish News K -Earth Radio City (police, erg., permits etc. Transportation (City) Waste Disposal (BFI) Postage $ 2,652.12 Printing $ 928.00 Event Consulting $ 5,000.00 Commissions $ 3,851.00 Fundraising expenses $ 1,053.00 Parade Costs (radios, cones, clean up,etc.) $ 2,942.00 Festival Costs (stages, elect. Ect) $ 3,182.00 Parade & Festival Entertainment $ 4,050.00 Security $ 1,470.00 Raffle Prize $ 1,500.00 Contributions - 4 Charities $ 1,200.00 S 2,500.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 S 1,500.00 $ 1,200.00 Total Cash + inkiad exp $31,638.09 $15,200.00 total expenses 546,838.09 Income $32,345.00 $15,200.00 Totals $ contributions + in kind $47,545.00 Expenses $31,638.12 $15,200.00 Total $ expenses + in kind $46,838.09 • • South Bay St. Patrick's Day Weekend Committee, Inc. P.O. Box 1529 Hermosa Beach CA 90254-1529 (310) 374-1365 (310) 376-3903 2000 PROPOSED PARADE & FESTIVAL INCOME CASH IN-KIND Corporate Sponsors: Hennessey $ 1,250.00 Anheiser Busch $ 5,000.00 Tullamore Dew $ 1,000.00 New Corporate Sponsor(s) $ 5,000.00 City of Hermosa Beach $ 5,000.00 City of H.B. Transportation $ 2,000.00 Daily Breeze $ 2,500.00 Irish News $ 2,500.00 K -Earth Radio $ 2,500.00 BF1 $ 1,200.00 Parade Entry Fees $ 1,000.00 Vendor Fees -- Commissions $ 40,000.00 Fundraisers $ 4,000.00 Civic Organizations $ 900.00 Committee Booth $ 1,500.00 Individual Contributions $ 500.00 $ 60,150.00 $15,700.00 Totals S + in kind $75,850.00 2000 PROPOSED PARADE & FESTIVAL EXPENSES Supplies, Business Expenses $ 1,000.00 Advertising $ 3,000.00 Daily Breeze Irish News K -Earth Radio City (police, eng., permits etc.) $ 1,500.00 Transportation (City) $ 1,000.00 Waste Disposal (BF1) Postage $ 2,000.00 Printing $ 1,000.00 Event Consulting $10,000.00 Commissions $ 7,000.00 Fundraising expenses $ 1,500.00 Parade Costs (radios, cones, clean up,etc.) $ 3,500.00 Festival Costs (stages, elect. Ect) $ 3,180.00 Parade & Festival Entertainment $ 8,500.00 Security $ 3,500.00 Raffle Prize $ 1,500.00 Contributions - 4 Charities $ 4,000.00 Projected Income Projected expenses: $52,180.00 $ 60,150.00 $ 52,180.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 2,000.00 $ 1,200.00 $ 15,700.00 $ 15,700.00 $ 15,700.00 total expenses $67,880.00 Totals $ + in kind $ 75,850.00 Total $ + in kind $ 67,880.00 • 2000 St. Tairick's Day Weekend Committee {Parade aZ Testiva(Parade Route - March 18 eZ 19 2000 P.C.H. Pacific Coast Highway Admore Valley Post Office Miralmnia Admore P.C.H. Pftcific Coast Highway to 0 y Parade Valley Dr. Parade Staging Area H.B. City Halll Bark Cypress C 2000 St. Patrick's Day Weekend Committee Parade aZ Festival- Parade gpute - festival" Area - March 18 19, 2000 • n� Palyn Dr. 'Ft LFn I Hermosa ■■■■ ■■■■ QME a ■■■■■■■■■■ ■■■■■■■■■■ Beach Dr. Strand Stage Palm Dr. Hermosa �e 0 Strand C7 i Loma i Monterre i Bay View i Manhattan i t Palm Dr. 2000 St. Patrick's Day Weekend Committee Parade c Festiva(- Parade Route - March 18 (Z19, 2000 Monterre Bay View Manhattan Palm Dr. El, a NOV-08-99 MON 15:38 J.H.LISSNER 410 • 310 3762287 P.01 FACSIMILE COVER SHEET Total number of pages including this cover sheet, / Date MON 11-8-99 Time To/Recipient Hermosa Beach City Council Fax number auto voice phone number (310) 318-0216 From/ James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Sender: Fax number: (310) 376-2287 Voice number; (310) 376-4626 There is an answering machine on this line and it picks up after 5 rings. Message: -•t • Zs IL • Councilmembers: The staff report recommends providing police security at cost but does not specify the hourly rate. I believe the actual hourly cost of our police to be about $111 per hour*, whereas the city's typical "at cost" invoice for events such as this one charges a rate around $30 per hour. Compare this rate to the $37 to $75 per hour the city charges for maintenance workers. Evidently, the $30 rate for police has been determined by figuring just the hourly pay of the officers, without any overhead. I suggest that overhead must be included - even though these are community events, the police officers still are using police cars and support personnel such as despatchers and jailers, the city still is liable for their actions, they still must be supervised, they still accrue vacation, tirement and sick time, and they still could be injured. +$111 per hour computed by dividing $5.45 million H8PD budget by 30 fieldable officers (Sgt. and below), 45.4 weeks worked in the field per year, 3 shifts per week, 12 hours per shift. SUPPLEMENTAL INFORMATION - — Mayor and Members of the City Council MINN MEd • //,(_-c-e).31.)1 02 a.) November 2, 1999 City Council Meeting November 9, 1999 INITIATIVE PETITION TO ESTABLISH RESTRICTIONS AND REQUIREMENTS FOR USE OF THE BEACH FOR TEMPORARY EVENTS AND COMMERCIAL ADVERTISING Recommendation: It is recommended that the City Council: 1) Receive and file the attached reports that Council ordered pursuant to Elections Code Section 9212 analyzing financial impacts and the legality of the proposed ordinance; and 2) Select one of the following alternatives: (a) Introduce the ordinance without alteration (and adopt it within 10 days); or (b) Direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the ordinance, without alteration, to the voters at the regular municipal election in November of 2001. Background: At the meeting of October 12, 1999, the City Clerk presented to Council a Certificate of Sufficiency for the subject initiative ordinance, noting that the petition contained valid signatures from more than 10 percent but less than 15 percent of the registered voters and had, therefore, qualified for the November 2001 ballot. The Council was presented with the alternatives mandated by State law to either: (a) introduce the ordinance and adopt it within 10 days; (b) direct that the measure be submitted to the voters at the next municipal election; or (c) order a report pursuant to Elections Code Section 9212, to be presented to the Council within 30 days. At that meeting, the Council opted to order a report, to be presented at the November 9 meeting, thereby deferring action on the petition until that date. Staff was directed to report on the (1) the legality of the various sections of the ordinance and (2) the financial impact the ordinance would have on the City and/or any organization wishing to hold an event in Hermosa Beach. Those reports are attached. Pursuant to the California Elections Code, if the ordinance petitioned for is not required to be submitted to the voters at a special election or is not adopted by the City Council, then the ordinance, without alteration, shall be submitted to the voters at the next regular municipal election occurring not less than 88 days after the report is presented. 1 8 REVIEW OF ALTERNATIVES: Option 2(a) — Introduce the Ordinance If the City Council opts for Alternative 2(a)—to introduce the ordinance without alteration at tonight's meeting—there would be no election. Because State law requires the subsequent adoption of the ordinance to take place within 10 days, it would be necessary to adjourn tonight's meeting to a date no later than Thursday, November 18, 1999, in order to adopt the ordinance within the State -mandated time limit. Option 2(b) — Direct the Measure be Placed on the November 2001 Ballot If the City Council opts for Alternative 2(b)—to direct the City Clerk to bring back, at the appropriate time, the required documents to submit the ordinance without alteration to a vote of the people at the regular municipal election in November of 2001 all appropriate resolutions and associated documents would be prepared for Council adoption in June or July 2001, prior to the deadline for placing items on that November ballot. Elaine Doerfling, City Clerk Noted: Ste rrell, ty Manager Attachments: Report from City Attorney Michael Jenkins dated 11/4/99 Report from Community Resources Director Mary Rooney dated 10/28/99 Proposed ordinance identified as Exhibit "A" 2 CITY OF HERMOSA BEACH MEMORANDUM DATE: NOVEMBER 4, 1999 TO: MAYOR AND CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY RE: COASTAL INITIATIVE REPORT w This memorandum is written in response to the City Council's October 12, 1999 request for a report pursuant to Election Code Section 9212 regarding the initiative entitled "The City of Hermosa Beach Coastal Conservation Act." The stated purpose of this initiative is to place on the ballot a proposed ordinance that would comprehensively regulate use of the beach and the coastal zone in Hermosa Beach for temporary events and commercial advertising. Among other things, the proposed ordinance: 1. Prohibits the construction of permanent structures, except infrastructure, on the beach. 2. Prohibits commercial advertising on the beach, except advertising on lifeguard and maintenance vehicles and advertisements in connection with temporary events. 3. Establishes detailed application and public hearing requirements and standards for review and approval of permit applications for temporary events on the beach and in the coastal zone, including limits on the number and frequency of events. 4. Prohibits admission charges to temporary events and commercial sales of any kind on the beach. 5. Requires extensive mitigation of parking, traffic circulation, noise and other impacts associated with temporary events in the coastal zone, including public notification of and specific numbers of remote parking spaces. 6. Requires extensive independent monitoring of the impacts associated with temporary events on the beach and in the coastal zone, and the City to prepare reports, and maintain and publish in various formats specified data, reports and public meeting transcripts relating to temporary events. • • 7. Requires the City to promote not fewer than four (4) beach clean-up days per year, fund diversion of stormwater run-off as a top ten budget priority and test ocean water weekly. 8. Requires that revenue from temporary events be used, in priority order, exclusively for one-time compensation for elimination of existing permanent commercial advertising on the beach, ocean water testing, diversion of stomiwater run-off, enhancement of beach recreational equipment, beach maintenance, and establishment of a non-profit marine research facility. 9. Requires the City to expedite preparation of a Local Coastal Program for consideration by the Coastal Commission. A more extensive analysis of the measure has been prepared by the Director of Community Resources and accompanies this report. The subject matter of the measure is within the police power of the City. Primarily, the proposed ordinance presents questions of policy and administration. However, legal issues will certainly arise in its implementation. For example: 1. The proposed ordinance is lengthy and complex. Care will have to be taken to assure that all of its many requirements are carried out. Failure on the part of the City to do so could give rise to a mandate action to compel compliance. 2. Some of the provisions are difficult to reconcile with others. For example, Section 2(H) on page one of the measure first states that the first priority for the use of temporary event fees is compensation for the elimination of all permanent signage on the beach. Later in the same paragraph, a non-profit marine research facility is stated to be the first priority for use of these funds. These statements are flatly inconsistent. 3. Some of the provisions are vague. For example, a number of obligations appear in Section 2, which is entitled "Findings, Determinations and Declarations; it is not clear whether these obligations are "findings" or duties. The measure further requires that certain obligations be prioritized in the City's budget, but it is not clear what constitutes "priority" in this context. Further, as a matter of law, the measure cannot fundamentally interfere with the fiscal management of the City. 4. The measure contemplates the imposition and use of event fees for various programs. It will be necessary to structure such fees so that they do not constitute a special tax, requiring a 2/3 vote of the electorate. 5. Implementation of the measure would have to be carefully monitored to assure compliance with the Coastal Act and with constitutional protections. 6. Section 9 requires that the City expedite approval of a local coastal program. Generally, an initiative may propose adoption of an ordinance, but may not direct the legislative body to take future actions. This aspect of the measure is likely unenforceable. 7. Provisions which are susceptible to multiple interpretations may only be definitively interpreted by a court. Consequently, the measure is prone to litigation. 2 October 28, 1999 Honorable Mayor and Members of The Hermosa Beach City Council Regular Meeting of November 9, 1999 PROPOSED BALLOT INITIATIVE COASTAL CONSERVATION ACT Recommendation Staff recommends that Council Members receive and file this report. Background At the October 12, 1999 meeting, Council directed the City Attorney and staff to examine the ballot initiative proposed by Donley Falkenstien that seeks to add regulations and restrict temporary events in the Coastal Zone and to establish coastal conservation requirements for the City. Analysis Attachment A outlines some of the potential impacts of items in this proposed ordinance. The grid identifies several issues of concern that in most part relate to one or more of the three core issues listed below: 1. The ambiguity of the language contained in the ordinance would make its interpretation, implementation, and enforcement extremely difficult and costly for the City. In short, it is complicated, confusing, and duplicitous. 2. The inclusion of the entire coastal zone with regards to the addition of substantial regulatory controls and associated costs for temporary events that could effect: (a) school, (b) charitable, and (c) civic events. 3. The fiscal impact of the proposed initiative to the City with regards to: (a) requirements related to storm water run-off, weekly testing programs, and the establishment of a non-profit research center; (b) the increased administrative costs and contract costs associated with extensive monitoring requirements for special events; and (c) the potential loss of general fund revenues with shifts of funds to storm water diversion and other programs required in the ordinance. • Fiscal Impact: TBD Attachments Attachment A: Grid providing analysis of proposed ordinance. Attachment B: Coastal Zone and Preferential Parking District Boundary. Attachment C: Proposed Ballot Initiative. Respectfully submitted, Mary Direc R r, Community Resources Conc r: Ste so, -; 2 : urrell City Manager I 1 Proposed Initiative Petition Hermosa Beach Coastal Conservation Act REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) ENTIRE ORDINANCE COASTAL ZONE This ordinance would impact more than beach events. Some of the areas impacted include: 1. Hermosa Valley School 2. Clark Sports field 3. Hermosa Valley Park Potential fiscal impacts to non-profit organizations, the City, and school who would be subjected to costly monitoring (e.g., the proposed third party monitors), reduced ability to use advertisers to support programs, and extensive permit requirements. 4. South Park 5. Pier Plaza 6. Pier Avenue Events that may be affected include: 1. Beach events 2. Community Sunset Concerts 3. Triathlon 4. Sand and Strand Race 5. CBVAVolleyball Tournaments 6. AAU Volleyball Tournaments 7. AAU Surf Competitions 8. Chevron Surf Camp 9. Project Touch Car Show 10. Saint Patrick's Day Parade 11. PTSA School Carnival 12. Spring Egg Hunt 13. Hermosa Beach Film Festival 14. Aloha Days Surf Contest & Festival 15. Fiesta De Las Artes 16. New Year's Eve Civic Celebrations 1 REFERENCE SECTION 2.F ITEM IMPACT(S) / ISSUES No permanent commercial advertising City loses revenue credit for beach maintenance services for County advertising program. FISCAL IMPACT(S) Additional funds from County or City to pay for beach maintenance services: SECTION 2.G City shall provide funding, proportional to the City's responsibility for the diversion, within top ten priorities in the City budget each year...until sufficient facilities exist to effectively and substantially reduce polluted storm drain run-off into the ocean. Ambiguous. What does this mean? Who determines City's responsibility? What does "top ten priorities in the City budget" mean? How much is a "substantial reduction" in run-off. Who determines what a substantial reduction is? SECTION 2.G Year-round sea water quality testing — weekly City would be required to provide funds, additional administrative oversight, and contract administration. $30,000 - $50,000 Potentially a huge budgetary impact on the City. A number cannot be estimated with any accuracy due to the ambiguity of the item. The provision may result in duplicated services as The Department of Health Services and LA County already conduct water quality testing. Unclear as to type of testing as water quality testing varies widely. LA County Department of Power and Water weekly water quality testing can be as high as $182,000 annually. SECTION 2.H ...it is appropriate and necessary to dedicate all revenue except in-kind fees received by the City from all temporary events in the coastal zone into a "Coastal Conservation Fund." Therefore, all such revenues including, but not limited to permit fees, exclusive parking fees, filming fees and other sources of revenue derived directly from temporary events in the coastal zone shall be placed in a Coastal Conservation Fund only. Does this mean that revenues traditionally granted to charities from events in the Coastal Zone would be diverted to this fund? TBD 2 REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) SECTION 2.H Coastal Conservation Fund -- if such a non-profit marine research related facility is approved on the Hermosa Beach Pier it shall be the first priority for revenues from the Coastal Conservation fund. If a "non-profit marine research center" is approved, funds that were prioritized for the mandatory sea water testing, storm drain run-off, recreational equipment, and beach maintenance would now be re- prioritized for the marine research center? $64,000 reduction in general fund revenues. Substantial additional City subsidy would be required with the establishment of a marine research center. SECTION 17.76.060 (4) Monitoring of sound, parking lots, traffic conditions in the area of the event shall be performed by an independent third party. Who would direct the efforts of the third party? The City may be placed in a position of greater liability absent direct control and monitoring by City staff and the Police Department. Who hires the "independent" third party? Likely that the additional costs incurred for third party monitoring would effectively eliminate all but the largest scale commercial events. Non-profit events would not be able to absorb this additional cost. Estimate for professional monitoring services per event day: $3,000 SECTION 17.76.060 (5) No mechanical or electronic advertising device shall be allowed in the LRC -OS zone. Large events use electronic scoreboards and mechanical court borders to honor major sponsors. May discourage the large-scale events from coming to Hermosa, as they could not create a venue satisfactory for their purposes. SECTION 17.76.060 (5) Complaint logger at each event Requires administrative oversight by the City Manager. Would require City monitoring of many community events beyond City events (e.g., School events) to ensure that all events have someone in a central location to log complaints and to subsequently turn them into the City Manager. Cost of employee per day estimated at $200 Administrative oversight TBD SECTION 17.76.060 (7) No concurrent events (over 1,000) May adversely impact community events that are intentionally scheduled together and/or events that are complimentary such as: (a) Education Foundation Luau and Aloha Days, (b) Pancake Breakfast and Car Show, (c) IMG Tourney and Education Foundation Pro -Am Volleyball event and (d) volleyball tourney and community beach concerts. Lost revenues TBD. 3 REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) SECTION 17.76.060 (9) No sales of any kinds Effects the following events that sell official event items on the sandy beach: 1. Pro Volleyball 2. Surf Festival 3. Film Festival 4. AAU Youth Volleyball 5. Millenium Celebration SECTION 17.76.060 (11) All parking lots in the City's Preferential Parking Program shall be protected from use by temporary events and shall not be used as off site mitigation lots for many events. The City uses lots such as Lot A for staging events . SECTION 17.76.060 (11) ..shall monitor each lot during events for which 1500 or more people are expected to attend on any day, in order to determine the impact of each event on these lots. Lots found to be occupied ninety percent (90%) or greater by 9:55 a.m. during an event... shall require an attendant with specific instructions to park beachgoers and visitors to public facilities only. This single item has several impacts with serious operational and fiscal consequences: 1. There 4 preferential parking lots in the coastal zone making monitoring them expensive. 2. Who would determine if lots were 90% occupied and how could monitors be "on call" with such short notice? 3. How would these monitors determine who is parking for an event versus for other public uses? Surely the public would "catch -on" to the restrictions and would soon be saying that they were just there to "go to the beach." 4. With monitors asking each vehicle why they were parking (and providing info on remote lots), traffic lanes would be "backed -up" at several areas in the City with resultant safety impacts. 1. Cost of monitoring 4 Lots estimated at $840 per day. 2. Cost of additional Police for traffic control estimated at $1,800 per day (3 Officers). 4 REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) SECTION 17.76.060 (12b) ... each monitored item shall be documented...including, but not limited to: Logs, reports, photographs, video tape/film, printouts, public parking surveys and other documented proof. Would require substantial increase in staffing for events and in administrative costs to prepare these extensive reports. TBD SECTION 17.76.060 (12c) Monitoring shall be conducted by a qualified third party. 1. Who determines what a "qualified professional, independent third party" is? 2. Cost of professional monitoring and reporting would be prohibitive. TBD SECTION 17.76.060 (14) Comprehensive report Cost of professional monitoring and reporting would be substantial. TBD SECTION 17.76.060 (14) Failure to submit a Final Report within 40 calendar days of the conclusion of the event shall cause denial of all future permits for temporary events to the applicant and his or her authorized designee. How can an event operator be accountable for the actions of an "independent third party?' 5 REFERENCE ITEM IMPACTS) / ISSUES FISCAL IMPACT(S) SECTION 17.76.060 (15) Required Park Use Permit or Coastal Development Permit May put non-profit, school and community events through an extensive bureaucratic process. TBD Would impact Community Development workload, potentially requiring additional staff. Events that may be impacted include: 1. Beach events 2. Community Sunset Concerts 3. Triathlon 4. Sand and Strand Race 5. CBVAVolleyball Tournaments 6. AAU Volleyball Tournaments 7. AAU Surf Competitions 8. Chevron Surf Camp 9. Project Touch Car Show 10. Saint Patrick's Day Parade (Booths Only) 11. PTSA School Carnival 12. Spring Egg Hunt 13. Hermosa Beach Film Festival 14. Aloha Days Surf Contest & Festival 15. Fiesta De Las Artes 16. New Year's Eve Civic Celebrations 17. Pancake breakfast SECTION 17.76.060 (16) All temporary events not subject to the above Park Use Permit and or Not clear. Is the City prevented from requiring park use permits in the TBD Coastal Development Permit requirements shall be exempt from Coastal Zone for events of less than 500 people? Park Use Permit and or Coastal Development permit requirements... 6 REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) _ SECTION 17.76.060 (16b) The International Surf Festival operated by the Beach Cities Health District, pass through(s) and the Saint Patrick's Day Parade not including it's associated street vending, shall be the only temporary events exempt ... Does this mean that the City does not have the right to review permits for these activities? Saint Patrick's Day Parade would in practice not be exempted, as street vending is its primary source of income. SECTION 17.76.060 (16c) Community Development Director shall issue a Notice of Determination for each temporary event that is determined to be exempt from Park Use permit and or Coastal Development Permit requirements...at least sixty (60) days prior to the commencement of the proposed temporary event. This process may prevent small scale community events and fundraisers from happening due to the protracted process and to the 60 day required lead time. TBD SECTION 17.76.060 (18) The Director of Community Development shall inspect the temporary event during the monitoring and mitigation period for strict permit compliance during the event's highest attendance period and keep a detailed written record for the permanent file for the case. Would require extensive additional weekend and administrative work for the Community Development Director. TBD SECTION 17.76.060 (19) Requirement for City Manager to maintain a web site. Extensive additional administrative work to maintain this level of detailed reporting on a web site and binder. Would likely require additional part time staff allocation. TBD SECTION 17.76.080 Application for temporary events requiring a Park Use Permit and or Coastal Development Permit shall be made to the Department of Community Development. Shifts the application process from the Department of Community Resources to Community Development. May require additional staffing. TBD SECTION 17.76.080(D) Posting notice of proposed event on the site. Visual blight on the beach and City Parks. 7 • 'J REFERENCE ITEM IMPACT(S) / ISSUES FISCAL IMPACT(S) SECTION 17.76.080(A) ...no more than 1000 square feet of advertisements. May discourage large scale events such as the Olympic Trials. Loss of events may have spillover impacts on local business. TBD SECTION 17.76.080 (8-22) This section contains requirements for the Communtiy Development Director to prepare extensive pre- and post event reports for events with more than 1,500 people and includes requirements for such as: 1. Mandatory radio spots. — including "all diverse ethnic and cultural Los Angeles radio markets and shall include Spanish language, youth and news stations. 2. Noticing on a 500' radius 3. Recycling facilities. This reporting would be in addition to the independent third party? This section contains items with such specific percentages and requirements as to make monitoring extremely costly and/or impractical. The costs attached to such extensive monitoring would most certainly be a great discouragement for charitable and community groups to conduct an event in the Coastal Zone. TBD SECTION 17.76.170(A) Every person, entity, corporation, or local Government Agency who violates permit application requirements is guilty of a misdemeanor and shall be punishable by a fine not exceeding $1,000 or by imprisonment in the City or County jail for a term not exceeding 6 months... 8 CALIJFOIllmrA Aornmgolde Dr=_ COASTAL ZONE BOUNDARY PREFERENTIAL PARKING DISTRICT B9UNDARY PARKING METER LOCATIONS . (24-IIOURYELLOW & 2-11O SILVER METET2S) ari of HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT RESIDENTIAL ON -STREET PARKING (RESTRICTED 1-F1OUR PUIILIC PARUQNG LOAM - 10PM) 1140 Highland Ave, Suite 241 Manhattan Beach, CA 90266 (310) 372-0872 February 1, 1999 To: The City Clerk of the City of Hermosa Beach, California NOTICE OF INTENTION TO CIRCULATE INITIATIVE PETITION NOTICE IS HEREBY GIVEN by the persons whose names appear hereon of their intention to circulate the petition within the City of Hermosa Beach for the purpose of allowing the people to vote on an initiative measure which shall he known as, and may be cited as, 'The City of Hermosa Beach Coastal Conservation Act". A statement of the reasons of the proposed action as contemplated in the petition is as follows: (1) Protection and conservation of the public beach and ocean waters is critical to the long-term interests of the people of The City of Hermosa Beach and all Californians. (2) Conserving the open space and natural resources of our beach protects the best known symbol of Hermosa Beach, and preserves the beach for enjoyment of future generations. (3) Pollution of coastal waters, paid admission to temporary events on the beach, commercial sales on the beach, the lack of sufficient public notice thereof, and the excessive amount of temporary events in the coastal zone frustrates the purposes of protection of coastal resources, coastal access, and implementation of long-term conservation planning measures required by the California Coastal Act, and is a negative precedent that represents a continuing threat to the beach in Hermosa Beach and other public beaches in cities along the entire California coast. Donley Falkenstien on behalf of himself and on behalf of the Hermosa Beach Coastal Conservation Committee. 1140 Highland Ave. Suite 241, Manhattan Beach, CA 90266 REQUEST FOR BALLOT TITLE AND SUMMARY The undersigned hereby submit a request pursuant to Section 9203 of the Elections Code for a ballot title and summary of the initiative measure, a copy of which is attached hereto as Exhibit "A." The initiative measure is to be submitted to the voters of the City of Hermosa Beach for their adoption or rejection at the next succeeding municipal election or at any special election held prior to the municipal election or as otherwise provided by law. Donley Falkenstien on behalf of himself and on behalf of the Hermosa Beach Coastal Conservation Committee. • • INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Exhibit "A" AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING:SECTION 17.030.020 AND ADDING CHAPTER 17.76TO THE CITY OF HERMOSA BEACH MUNICIPAL ZONING CODE PROPOSED AMENDMENTTO THE CITY OF HERMOSA BEACH MUNICIPAL ZONING CODE THE CITY OF HERMOSA BEACH COASTAL CONSERVATION ACT The people of the Gty of Hermosa Beach do ordain as follows: SECTION 1. Title. This ordinance shall be known as. and may be cited as, "The City of Hermosa Beach Coastal Conservation Act." SECTION 2. Findings, Determinations and Declarations. The people of the Gty of Hermosa Beach hereby find, determine, and declare all of the following: (A) Protection and conservation of the public beach is critical to the long-term interests of the people of Hermosa Beach and all Californians. (B) Conserving the open space and natural resources of our beach protects the best known symbol of Hermosa Beach...and preserves the beach for enjoyment of future generations. (C) Pollution of coastal waters, paid admission to temporary events on the beach, commercial sales on the beach, the lack of sufficient public notice thereof, and the excessive amount of temporary ,. events in the coastal zone frustrates the California Coastal Act's purposes of protection of coastal resources and the implementation of long-term conservation planning measures and is a negative precedent that represents a continuing threat to the beach in Hermosa Beach and other public beaches in cities along the entire California coast (D) Such temporary events in the coastal zone have the potential for negative impacts upon the following, including, but not limited to: Availability of public access parking opportunities, coastal views and scenic resources, the creation of unlimited temporary commercial advertising on the beach, the creation of litter on the beach and streets, degradation of sea water quality, the creation of excessive noise incompatible with surrounding residential and commercial properties, wildlife, increased traffic congestion and gridlock, increased pedestrian congestion, and the overuse of natural resource areas. (E) Permanent commercial advertising on the beach frustrates the Coastal Act's purpose to preserve coastal views and scenic resources, and its requirements for implementation of long-term conservation planning measures. (F) Therefore the People of the Gty of Hermosa Beach declare that with the exception of minor participant entry fees such as team participant entry fees, no admission may be charged to any part of the public beach for any reason, including, but not limited to: Temporary events or parts thereof; that no permanent commercial advertising shall be allowed on the sandy beach area, including, but not limited to: Trash cans, tide charts, lifeguard facilities, recreational facilities, and all other public facilities located on the beach; temporary events in the coastal zone shall be limited, strictly controlled, permits strictly enforced, and subjected to comprehensive monitoring in order to limit and quantitatively and qualitatively analjrze the impacts on the following, -including, but not limited to: Coastal access parking opportunities. temporary. commercial advertising on the beach, coastal views and scenic resources. the overuse of natural resource areas, increased pedestrian and traffic congestion, creation of excessive noise, and the creation of exhaust fumes from generators, and shall mandate adequate and comprehensive mitigation measures in order to reduce all negative impacts to a level of insignificance. (G) The People of The Gty of Hermosa Beach further declare that the Gty shall promote a minimum of four (4) community beach clean-up days during the period May 1 through Sept. 30 each year; shall provide funding. proportional to the City's responsibility, for the diversion of all storm -drain run -of generated within the city, within the top ten prionties in the city budget each year; with the exception of each year in which a recession has been declared by the Governor of California, until sufficient facilities exist to effectively and substantially reduce polluted storm drain runoff• into the ocean; shall ensure year- round sea -water -quality testing is performed weekly and; shall install and maintain a public notice board at the foot of, or adjacent to the Hermosa Beach Pier for posting notices, including. but limited to: Public notices of proposed temporary events in the coastal zone, local coastal environmental awareness issues and sea water quality testing results. Such notice board shall be no smaller than four (4) feet wide by four (4) feet tall, and shall be operational within ten (10) days of the completion of the Hermosa Beach Pier renovation, or within 90 days of effectivity, whichever comes first. (H) The People of The Gty of Hermosa Beach further declare that in order to pay for long-range conservation measures to protect our open space beach, it is appropriate and necessary to dedicate all revenue except in-kind fees received by the Gty from all temporary events in the coastal zone into a "Coastal Conservation Fund." Therefore, all such revenues, including, but not limited to: Permit fees, exclusive use parking fees, filming fees and other sources of revenue derived directly from temporary events in the coastal zone shall be -placed in the Coastal Conservation Fund only. The first priority for Coastal Conservation Fund expenditure shall be one-time compensation for the expedited, permanent, and complete elimination of all permanent commercial advertising located on beach trash cans, tide charts, lifeguard facilities, recreational facilities and all other public facilities located on the beach. Specifically, the agreement with the County of Los Angeles which provides for permanent commercial advertising on beach facilities in -lieu of direct payment for maintenance services. Once all permanent commercial advertising has been eliminated pursuant to this act, all remaining and future Coastal Conservation Fund revenues shall first be used to ensure year-round weekly sea water quality testing and secondly to establish, enhance and maintain Gty of Hermosa Beach provided permanent recreational equipment oa the beach and thirdly shall be used to provide beach maintenance. Any remaining Coastal Conservation Fund revenues shall be used to help fund the diversion of city storm -drain run-off and to help provide for the establishment and maintenance of a non-profit marine research related facility which may be developed on the Hermosa Beach Pier: If such a non-profit marine research related facility is approved on the Hermosa Beach Pier it shall be the first priority for revenues from the Coastal Conservation Fund. All permanent coq mercial advertising as identified Page I of 6 herein shall be removed in their entirety by no later than June 1, 2000, or within one hundred eighty (180) days of effectivity, which ever comes first. Current or future revenues in the Coastal Conservation Fund shall not be borrowed or loaned for any reason. Only permanent commercial advertising on County of Los Angeles Lifeguard and maintenance vehicles shall be exempted, excluded, or otherwise waived from the provisions of this act There shall be no new or expanded permanent commercial advertising located in the LRC -OS zone. (I) The People of The Gty of Hermosa Beach further declare that the actions of a prevailing party in an action brought to enforce the provisions of this act have resulted in a significant public benefit (J) The Gty of Hermosa Beach has an amended Land Use Plan certified by the California Coastal Commission. (K) The Gty of Hermosa Beach Municipal Code and certified Land Use Plan does not provide adequate controls for the review or management of temporary events in the coastal zone. (L) Therefore, the People .of Hermosa Beach declare that the procedures and standards established by this initiative will provide adequate measures to establish sufficient public notice, and reduce and limit the extent of the potential negative impacts of temporary events to a level of insignificance. A Local Coastal Program proposed by the Gty of Hermosa Beach shall incorporate the provisions and intent of this act without modification by the Gty. (M) The People of the Gty of Hermosa Beach further declare that the city shall implement the following land use plan policies: POLICY: 1A. The city shall maximize the opportunities for using available parking for weekend beach use. POLICY: I.B. The city shall protect on -street panting spaces in the coastal zone which are available to the general public whenever possible and ensure the replacement of such eliminated on - street parking spaces on a one-to-one basis within the city of Hermosa Beach coastal zone within one year. SECTION 3. Purpose and Intent The purpose and intent of this act is to monitor preserve and protect the coastal resources within Hermosa Beach. increase public notice, limit the power of the city to expand temporary event commercial development in the coastal zone without voter approval, and to implement and carry out the provisions as identified herein consistent with the Land Use Plan policies, California Coastal Act and the California Code of Regulations. Nothing in this act shall be interpreted to mean the Gty shall have authority to commence Coastal Development Permitting authority unless, and until, the city has a certified Local Coastal Program. or, that the People of The Gty of Hermosa Beach support construction of any new parking structures in the downtown area, or, to limit in any way the ability of the city to react in an emergency, or; to limit in any way the application or enforcement of the California Environmental Quality Act (CEQA). The Oty of Hermosa Beach Municipal Zoning Code is subject to the following modifications to read: (A) Modify Chapter 17 Section 17.030.020 ZONING ("Open Space Zone: Permitted Uses") by DELETING Section (a) and REPLACING it with the following: (a) Public and private parks. not including the bcach; (B) Chapter 17 ("ZONING") is hereby amended to add a new zone designated as Long Range Conservation Open Space LRC -OS. Restricted Open Space as follows: Section. 17.76 Long Range Conservation Open Space LRC -OS Section 17.76.010 Purpose and intent. The LRC -OS zone/land use designation is intended to preserve publicly -owned shoreline and :sandy beach areas as an open space natural resource subject to long range conservation planning measures, while allowing for passive and active recreational activities, encouraging increasing public access parking opportunities, and preserving the unique character of Hermosa Beach's oceanfront. coastal resources. public views, and access to coastal resources. Section 17.76.020 Permitted uses. Activities in the LRC -OS zone shall range from passive recreational uses such as. walking to more intensive, active recreational. and cultural uses consistent with the provisions of this act. Section 17.76.030 Improvements permitted. Improvements permitted in the LRC -OS zone shall be as follows: (A) Only non -permanent structures, play equipment, volleyball courts, and softscape shall be permitted. (B) Only non -building public improvements, benches, currently planned or existing public facilities and utilities. erosion and restoration improvements and incidental public service purposes, including. but not limited to: Burying cables and pipes or inspection and maintenance of the pier or intake and outfall lines shall be permitted. Section 17.76.040 Area designated. The public sandy beach from the northerly Oty boundary to the southerly Oty boundary and from the Strand wall and concrete path to the mean tide line shall be designated and zoned LRC -OS. The LRC -OS zone may not be combined with any other zones that lie within the coastal zone or any overlay district In the LRC -OS zone the standards in this act shall take precedent over other standards in the zoning code. The standards in this act shall be applied in a manner which is most productive of public access and coastal resources. Section 17.76.050 Definitions. "Applicant" for the purposes of this act. means any person or his or her authorized representative, entity, corporation or Local Government Agency who applies for or who is required to apply for a Park Use Permit and or Coastal Development Pernvt for a temporary event in the coastal zone; "City" or "City Council" means the Oty or Oty Council of The Oty of Hermosa Beach, California; "Coastal resources" include, but are not limited to, the sandy beach, public access parking opportunities, visitor and recreation facilities, coastal views and scenic resources, water -oriented events, marine resources, biological resources. and environmentally sensitive habitat areas; "Commercial development" for the purposes of this act means a project that involves the exclusive use of coastal resources for a limited duration and or proposes the rise of non -permanent structures and or temporal commercial advertising on or above the beach in excess of one hundred square feet, or, a project that includes permanent commercial advertising in the LRC -OS zone; "Cumulatively" or "cumulative effect" means the incremental effects of an individual project when reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects; "Event -dependent vehicle(s)" means any motor vehicle or trailer that requires on-site parking in order for the event to function at all; "Exclusive use" means a use that precludes use of the arca occupied by the event, for public recreation, beach access or access to coastal waters other than for or through the event itself; "Limited duration" means a period of time which does not exceed an eight day period on a continual basis, including setting up and removing all materials associated with an activity at a site and restoring the site to its preexisting condition, or does not exceed a consecutive four month period on an intermittent basis; "Non -permanent structures" include, but are not limited to; bleachers, perimeter fencing. vendor tents/canopies, judging stands. trailers. portable toilets. sound/video equipment, stages, platforms, movie/film sets, etc.. which do not involve grading or landform alteration for installation, with the exception of sand berms in replacement of bleachers; "Pass through(s)" means only those functions in which pedestrians or bicyclists originate outside Hermosa Beach and pass thru the city enroute to a . designated location outside Hermosa Beach such • as a walkathon; "Permittee" for the purposes of this act. means any person or his or her authorized representative. entity, corporation or Local Government Agency who receives approval for a Park Use Permit and or Coastal Development Permit for a temporary event in the coastal zone; "Sandy beach area" or "Beach" includes publicly owned sandy beach areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest; Shall" means mandatory; "Temporary commercial advertisement(s)" means the total visible surface(s) of any and all material displayed at and or associated with a temporary event that contains a logo, visual display, or written announcement of a product, service or organization that is sold or operates primarily for profit, which is lager than one (1) square foot, with the exception of: the actual product itself. event -dependent vehicles. umbrellas. chairs. towels and temporary play equipment such as nets and balls. In the case of vehtcles on display, it shall mean the entire visible envelope surface of each vehicle. All other commercial advertisement(s) in the LRC -OS zone shall be considered "permanent commercial advertisement(s)" for the purposes of this act and; "Temporary event(s)" or Events)"means an event or function of limited duration, including set- up and take-down and restoring the site to its preexisting condition, which includes the use of non -permanent structures that involves development within the meaning of the Califomia Coastal Act, including. but not limited to: Exclusive use of a sandy beach, parkland, pier filled tidelands, water, streets, sidewalks. bicycle path, or parking area or a portion thereof, which is otherwise open and available for general public use. Section 17.76.060 Temporary events - Regulations. (A) Temporary events within the City of Hermosa Beach coastal zone shall be subject to the following regulations. (1) The Parks, Recreation and Community Resources Advisory Commission or its successor shall review each proposed temporary event for which a Park Use Permit and or Coastal Development Permit is required on an event -by - event basis consistent with the procedures set forth in this act at a duly noticed public hearing. and make recommendations to the City Council for denial or approval as proposed, or as modified at a duly noticed public hearing. Page 2 of 6 (2) Priority shall be given to temporary events that require the coast in order to function at all, such as surfing events. (3) The Parks. Recreation and Community Resources Advisory Commission and the City Council shall not consider a permit for a period of three (3) years from the date of application for any temporary event whose applicant or responsible party has performed any of the following: (a) Failed to mitigate all impacts from the same or substantially similar previous temporary event in the coastal zone to a level of insignificance upon completion of the mitigation and monitoring program including extensions, if any; (b) Commenced development of a temporary event in the coastal zone without a valid permit issued as required pursuant to this ordinance. (4) Temporary events held on the beach whose primary function is live amplified music shall be treated generically without regard to the applicant's identity and the city shall be the responsible party for compliance to mitigation conditions of the permit Monitoring of sound, off= site mitigation parking lots and traffic conditions in the area of the event shall be performed by an independent third party. (5) Temporary commercial advertising in the LRC -OS zone must be associated with a current temporary event and shall be attached to a structure and shall not be set on the sand or attached to any recreational facility on the beach in such a way as to replace the recreational facility primarily for commercial purposes. No mechanical or electronic advertising device shall be allowed in the LRC -OS zone. (6) Each proposed event with an expected or known attendance of 500 or more participants and spectators on any day shall have at least one person available at all times in an identified central location to answer questions and log and respond to complaints. The original log shall be signed by the applicant and provided to the city manager and included in the permanent record in an expedited manner: (7) Temporary events in the coastal zone with an expected or known attendance of 1000 or more participants and spectators on any day shall not be combined or held concurrently. (8) Temporary events held on the beach shall not provide for areas which are exclusive access or VlPareas except for documented security reasons. (9) No sales of any kind shall be allowed on the sandy beach, with the exception of constitutionally protected materials only. with specific approval. (10) The applicant shall be given a copy of, be responsible to know the contents thereof. and comply with the Hermosa Beach noise ordinance as applicable. (11) All parking tots in the City's Preferential Parking Program shall be protected from use by temporary events, and shall not be used as off-site parking mitigation lots for any events. The Oty shall provide for the posting of signs in these lots which discourage exclusive event parking at least twenty-four (24) hours in advance and shall monitor each lot during events for which 1500 or more people are expected to attend on any day, in order to determine the impact of each event on these lots. Lots found to be occupied ninety percent (90%) or greater by 9:55 a.m. during an event on weekend days or holiday days shall require an attendant with specific instructions to park beachgoers and visitors to public facilities only. Information shall be provided to direct event patrons to the remote lots. Any exception from this requirement shall require California Coastal Commission approval. (12) Temporary events in the coastal zone during the period of May 1 through September 30 with an expected or known attendance of 1500 or more participants and spectators on any day which occur during weekend days and or holiday days m all be subjected to comprehensive monitoring as follows: 'a) Acomprehensive monitoring program shall be stablished to quantitatively and qualitatively analyze the impacts of each proposed temporary event on the following, including. but not limited to: Coastal access parking opportunities, coastal views and scenic resources, temporary commercial advertising in -the LRC -OS zone. the overuse of natural resource areas, increased pedestrian congestion, increased traffic congestion, parking impacts on residents and businesses, creation of excessive noise. and exhaust fumes from generators, and shall direct mandatory comprehensive mitigation measures for each event, including subsequent events, to reduce all negative impacts to a level of insignificance. (b) The monitoring shall be conducted each weekend and or holiday during the event for the first three occurrences of an event in order to determine if the impacts have been mitigated to a level of insignificance, or upon a finding of cause by the City Council. which shall be set forth in full in a resolution, may be extended on an event -to - event basis for a maximum of two (2) events or two (2) calendar years thereafter, whichever comes first, in order to determine if the impacts can be specifically found by the City Council. based on the evidence submitted. to have been reduced to a level of insignificance, and shall be set forth in full in a resolution. Each monitored item shall be documented as clearly as possible, including. but not .limited to: Logs, reports, photographs, video tape/film, printouts. : public parking surveys and other documented proof. The monitoring shall include a program which determines the actual number of attendees who require parking in order to attend the event. Events whose monitoring proves less off-site parking is required may be adjusted to more accurately reflect the actual parking requirement. limited monitoring shall continue in perpetuity to ensure .ompliance with • off-site parking -usage • permit conditions which reduce negative parking impacts. to a level of insignificance. (c) Monitoring of traffic conditions in the area of the event and of each off-site parking lot usage shall be conducted by a qualified professional independent third party. (d) Temporary event applicants or responsible parties who have failed to mitigate all impacts to a level of insignificance during the mitigation and monitoring program, including extensions if any, and have not applied for a permit for a temporary event in the coastal zone during the last three (3) years, not withstanding any other provision of this act, may be considered for a permit provided that the applicant or responsible party agrees in writing to a one (1) time mitigation and monitoring program, and understands and agrees that no further permits shall be issued for the event, or substantially similar event, or the applicant or responsible party, if all impacts arc not mitigated to a level of insignificance. (13) Temporary events in the coastal zone shall comply with all findings as provided for in Section 17.76.080 Findings - Temporary Events. (14) Temporary events in the coastal zone occurring during the period of May 1 through September 30 shall require a written post -event final comprehensive report ("Final Report") in the forth of an affidavit attesting to the truth, accuracy and completeness of the information contained therein, submitted within thirty (30) calendar days of the conclusion of the event, which shall include, but not be limited to: the permit conditions and all aspects of compliance with each condition, peak attendance times and number of attendees, off-site parking utilization,;traffic conditions in the area of 5e event, radio scripts including quantity, date and Arne of airing, locations of professionally printed signs directing traffic, and event temporary commercial advertising documentation. Failure to submit a Final Report within forty (40) calendar days of the conclusion of the event shall cause denial of all future permits for temporary events to the applicant and his or her authorized designee. (15) A Park Use Pemtit and or Coastal Development Permit shall be required for temporary events in the coastal zone for which any one of the following apply: (a) A temporary event with an anticipated or known total attendance of 500 or more participants and spectators between the hours of 930 am and 7:00 p.m. on any day. (b) Atemporary event which involves the closure or exclusive use of more than 20 public parking spaces in the coastal zone, or involves the issuance of more than 20 temporary parking passes for use of public parking spaces to the coastal zone. (c) Atemporary event which involves the closure of the Hermosa Beach Pier to the general public. (d) A temporary event of which any part is held on a beach area which proposes the display of temporary commercial advertisement in excess of one hundred (100) square feet on or above the beach. (e) A temporary event held on a sandy beach area. which exceeds 48 hours in duration including set-up and take-down and restoring the site to its preexisting condition. (0 A temporary event. which in conjunction with • other planned or approved temporary events on the • same day, would cause the closure of any public parking lots in the coastal zone. the closure of the Hermosa Beach Pier, the closure or exclusive use of more than 20 public parking spaces in the coastal zone, or cumulatively create anticipated or known attendance of 500 or more participants and spectators between the hours of 9:30 a.m. and 7:00 p.m. on any day. (g) A temporary event that proposes live amplified music on the beach. (16) All temporary events not subject to the. above Park Use Permit and or Coastal Development Permit requirements shall ' be exempt from Park Use Permit and or Coastal Development Permit requirements, with the following exceptions:.: . (a) The Director of Community Development shall require a Park Use Permit and or Coastal Development Permit for those temporary events which have the potential to directly or indirectly impact the following: coastal access parking opportunities; coastal views and scenic resources; coastal resources; environmentally sensitive resources; and rare or endangered species. (b) The International Surf Festival operated by the Beach Cities Health District, pass through(s) and the Saint Patricks Day Parade not including it's associated street vending, shall be the only temporary events exempted, excluded, or otherwise waived from obtaining a Park Use Permit and or Coastal Development Permit. provided that the event does not propose temporary commercial advertisement(s) exceeding one thousand (1000) square feet on and or above the beach, and is operated in a manner consistent with the 1998 event and with the provisions, policies and standards of this act, the Land Use Plan and or Local Coastal Program adopted by the Ory. This section shall not affect the application of use fees. (c) The Director of Commtnuty Development shall issue a Notice of Determination for each temporary event which is determined to be exempt from Park Use Permit and or Coastal Development Permit requirements under Section 17.76.060.A.16. On the day that the Notice of Determination is issucd, it shall be posted in the calendar or binder and website required by Section 17.76.060.A.19, and a copy shall be sent to the California Coastal Commission office at least sixty (60) days prior to commencement of the proposed temporary event. Unless a challenge is received in the Community Development Directors office pursuant to Section 17.76.100 within ten (10) city hall working days of receipt by the California Coastal Commission office, the determination shall be deemed final. (17) Park Use Permits and or Coastal Development Permits for temporary events issued Page 3of6 • pursuant to this act shall be subject to and processed in conformance with CEQA all applicable policies and provisions set forth in this act and the policies and provisions of the Land Use Plan and or Local Coastal Program. The calendar or binder and website required by Section 17.76.060.A.19 shall be used to track all temporary events. (18) The Director of Community Development shall inspect the temporary event during the monitoring and mitigation period for strict permit compliance during the event's highest attendance period and keep a detailed written record for the permanent files of the case. Any deviation from the approved permit must be in writing and reviewed and approved prior to commencement by the Director of Community Development and shall be minor in nature. The Director of Community Development or his or her designee shall create a user-friendly guide designed to help applicants and others understand and utilize the temporary event permitting process. (19) The Gty Manager or his or her designee shall keep a calendar or binder and electronic website continuously on the computer internet/world wide web for public review that describes the location, duration, and number of participants and attendees of all approved temporary events and all events that have been proposed. The calendar or binder - and website shall provide for electronic mail, phone numbers and addresses for correspondence, and shall contain summaries of all complaints, Coastal Conservation Fund balances, indicating where the revenue has been spent each year and to date, a list of the total square footage of .temporary •commercial advertising allowed on the beach individually and cumulatively from events eachyear, all relevant reports and photographs, and all Notices of Determinations (exemptions) and Park Use Permits and or Coastal Development Permits issued for all temporary events during the preceding 24 months. In addition, the Gry Manager or his/her designee shall place in the calendar or binder and website within two (2) working days of receipt from the Los Angeles CountyDepartment of Beaches and Harbors, all copies of applications for Beach/Harbor Use Permits forwarded by the County. In addition to the website, the calendar or binder shall be available for immediate public review at a public counter in Gty Hall and or in the public Library during normal business hours without having to submit a Request for Public Records Form or any other form. Section 17.76.070 Standard Conditions. (A) The following standard conditions shall be applied to all applications and Park Use Permits and or Coastal Development Permits for temporary events held in the coastal zone: AND (1) NOTICE OF RECEIPT ACKNOWLEDGMENT. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Community Development Department at least thirty (30) calendar days prior to commencement of development Late submittal will result in denial of pcmut issuance. (2) EXPIRATION. If development has not commenced, the permit will expire on the last day of the approved Park Use Permit and or Coastal Development Permit temporary event date. (3) COMPLIANCE. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth in the permit Any deviation from the approved permit must be in writing and reviewed and approved prior to commencement by the Director of Commuiuty Development. of intent (4) INTERPRETATION. Any questions or interpretation of any condition will be resolved in writing by the Community Development Director (5) INSPECTION. The Community Development Director shall be allowed to inspect the site for permit compliance. (6) ASSIGNMENT. The permit may be assigned to any qualified person, provided assignee files with the City an affidavit accepting all terms and conditions of the permit. Section 17.76.080 Application Requirements - Temporary Events. Application for temporary events requiring a Park Use Permit and or Coastal Development Permit shall be made to the Department of Community Development on forms provided by the Director of Community Development. The application for a Park Use Permit and or Coastal Development Permit shall be accompanied by: (A) A complete description of the proposed temporary event, including, but not limited to: (1) The proposed dates and hours of operation of the proposed temporary event, including set-up and take-down and restoring the site to its preexisting condition; (2) The estimated or known daily and total attendance at the proposed temporary event. including event organizers. sponsors, participants and spectators. Include materials or procedures used to determine the estimated and or actual attendance figures. such as serialized wrist bands, questionnaires. surveys or records and photographs of prior events; (3) 'A parking and . traffic'controlplan and a description of the measures proposed to mitigate the proposed temporary event's impact on traffic circulation in the area of the event and on the public parking supply in the coastal zone to a level of insignificance; (4) Adescription of the impact of amplified sound from the proposed temporary event. The submittal shall include a description of the . measures proposed to mitigate the potential impact to a level of insignificance; (5) A description of all events ancillary to the proposed temporary event, and/or "pre -events" or post -events"; (6) A description of the location of the proposed temporary event, the amount of sandy beach area to be used, the number of public parking spaces in the coastal zone to be occupied or used, and a description of ingress and egress to the Pier and the adjacent areas; (7) A description of any other potential negative impacts from the proposed temporary event on residents and businesses and a description of the measures proposed to mitigate the potential negative impacts to a level of insi;nificance; (8) A description of any potential Impacts from the proposed temporary event on public services and a description of the measures to mitigate these potential impacts to a level of insignificance; (9) A description of any other potential negative impacts from the proposed temporary event on residents and businesses and a description of the measures proposed to mitigate these potential impacts to a level of insignificance; (10) A description of any potential impacts from the proposed temporary event on the general public's ability to access the beach, Pier, bicycle path, public parking, public streets, sidewalks. walkstreets, volleyball courts, and or other access support facilities which may be identified in the Land Use Plan and or Local Coastal Program. The submittal shall include a description of the measures proposed to mitigate these potential impacts to a level of insignificance; (11) Adescription of the daily total square footage of temporary co ercial advertising proposed and its locations. Temporary commercial advertising shall be minimized. (12) A vicinity map, site plan and elevations showing the location of the proposed temporary event in relation to the Pier, bicycle path, surf zone, public parking facilities, vertical beach accessways, and recreation facilities. The site plan and elevations shall describe and identify the size, maximum height from sand surface at the mean high tide line and location of all objects proposed to be placed at the site of the proposed temporary event, including, but not limited to: Fences, structures, barriers, bleachers, seating areas, activity areas, tents, booths, canopies. vendors. stages. judging stands, platforms, sets, sound equipment, vehicles, trailers, generators, toilets and temporary commercial advertisements. The site plan shall also indicate whether any existing objects are proposed to be altered or removed from their current location. Generator use shall be minimized (13) Address labels supplied by the City for all interested parties, and all property owners. residents, tenants, lessees, and businesses within a 500 foot radius of the parcel on which the event is proposed, or within a 500 foot radius of the maximum extent of the proposed temporary event site, whichever results in a greater area. (D) Evidence that the applicant has posted a notice in a conspicuous location at the site of the proposed event that clearly stated the applicant's intent to apply for a Park Use Permit and or Coastal Development Permit for a temporary event. The posted notice shall contain a description of sufficient detail of the proposed temporary event,• including, but not limited to: Proposed location and. activities, dates and times including set-up and tear -down had restoring the site to its preexisting condition, ekpected or known attendance, and off- site parking and transportation accommodations. (E) The required application fee. (F) Any additional information determined by the Director of Community Development to be necessary for the evaluation of the proposed event. (G) A dated signature by or on behalf of each of the applicant's, attesting to the truth, completeness. and accuracy of the contents of the application. and if the signer is not the applicant, - written evidence that the signer is authorized to act as the applicant's representative. Section 17.76.080 Findings - Temporary ..Events. All City Council decisions on Park Use Permits and or Coastal Development Permits for temporary events in the coastal zone shall be accompanied by written findings. APark Use Permit and or Coastal Development Permit for a temporary event shall be approved either as applied for, or as modified, only if all the following applicable findings can be specifically supported: (A) The staging of this temporary event will not result in more than one thousand (1000) total square feet of commercial advertising on the beach or suspended above the beach by any means, and the applicant and his or her commercial sponsors has agreed in writing, which is on file with the city, to not provide for any aerial (aircraft) banner advertising during the event; (B)If the event's primary location is not located on the sandy beach, no temporary commercial advertising is proposed to be located in the LRC - OS zone; (C) The temporary event, as described in the application and accompanying materials, as modified by any conditions of approval, conforms with this act, the Land Use Plan policies, and or Local Coastal Program; (D) The temporary event, as described in the application and accompanying materials, as modified by any conditions of approval, is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 commencing with Section 30200 of the Public Resources Code and CEQA, and specifically; (1) The applicant or his or her authorized representative has signed his or her name indicating he or she has been given a copy of this act and that he or she understands and agrees to its terms and conditions, a copy of which is on file with the Gty; (2) The event does not physically block or prohibit access to the shoreline, vertical beach accessways, Pier, or bicycle path by the general Page 4 of 6 public or impose conditions on the public for access to the same. A specific requirement for a minimum fifteen (15) foot wide access way to the Pier is included in the Park Use Permit and or Coastal Development Permit as a condition of approval; (3)The event includes a parking plan which minimizes exclusive use of public parking spaces in the coastal zone by allowing the exclusive use of public parking spaces in the coastal zone for event -dependent vehicles only and requires event/vendor vehicles to preserve the most convenient off-site parking lot spaces for event patrons. A specific description of the parking plan is included in the Park Use Permit and or Coastal Development Permit as a condition of approval; (4) The temporary event, including all set-up and take-down days and restoring the site to its preexisting condition, does not exceed an eight (8) day period, and set-up and take-down time is minimized; (5) If the event requires the use of more than 20 public parking spaces in the coastal zone, the parking spaces are replaced at a minimum one-to- one ratio in off-site parking lots open for use by the general public, and adequate free transportation capacity during peak event and beach access hours is provided between the replacement parking spaces and the intersection of Hermosa Avenue and Pier Avenue or other locations as necessary to assure that the off-site parking effectively serves event and public beach access, and off-site parking usage is maximized and measured. A specific description of the replacement parking and transportation program and is included in the Park Use Permit and or Coastal Development Permit as a condition of approval; (6) If the expected or known attendance of the event equals or exceeds 500 persons between the hours of 9:30 a.m. and 7:00 p.m.. on any day; measures to effectively serve beach access are provided, including,'but not limited to: Previous Park Use Permit and or Coastal Development Permit requirements, valid lease or licensing agreements for sufficient alternate off-site free parking at a minimum of one space for every three people in excess of 500 persons, a free beach shuttle service, and an interim traffic control plan. Such measures shall be adequately publicized by requiring use of the City's street banner facilities on Pacific Coast Highway and Pier Avenue and other locations as may be necessary to direct traffic to the off-site parking. If the expected or known attendance of the event and or concurrent events equals or exceeds 1500 persons between the hours of 9:30 am and 7:00 p.m. on any day, the permit also requires use of all other city street banner facilities to direct traffic to the off-site puking, signs, radio and other measures required by this act, the Community Development Director. the City Council or the California Coastal Commission. Events whose monitoring proves to a reasonable certainty that more, or less, off-site parking is required, may be adjusted to more accurately reflect the actual parking requirement. All methods of advertising the event shall specifically state in large block letters no smaller that the latest type used, that there is no spectator parking at the event, and indicates the location of all off-site parking with free handicap -accessible beach shuttle service available to the general public and the headway time. A specific description of the measures to be used are included in the Park Use Permit and or Coastal Development Permit as conditions of approval; (7) The cumulative effects of the event, in conjunction with other past, concurrent, or future planned temporary events, or other future temporary events that could be reasonably known to occur during the period commencing May.1 and ending through September 30, will not result to any temporary events which require a Park Use Permit and or Coastal Development Permit occumng in the coastal zone on the weekend, spaced less than •vo (2) weekends between events, or during more an two (2) of the three (3) peak holiday coastal access periods of Memorial Day weekend, the July 4th weekend or weekdays as observed, and the Labor Day weekend through Monday, and will not result in back-to-back weekend temporary events. nor provide for any repeat weekend temporary events during the period, and will not result in any temporary events occurring in the coastal zone on the weekend, spaced less than three (3) weekends between events, during the rest of the calendar year; (8) The permit requires an applicant signed Final Report on a form provided by the Community Development Department which shall be filed with the Community Development Department no later than thirty (30) calendar days from the conclusion of a temporary event, and shall include, but not be limited to: Documented usage of off-site parking spaces indicating total number of vehicles parked per day and the number expected, total number of shuttles departing the lot(s) per day, shuttle departure times, number of passengers each, and total number of passengers per day; the location, size, quantity and content of professionally produced signs and banners directing the public to the off-site parking lots and for traffic control; number of spectators and participants per day and total for the event; actual total square feet of temporary commercial advertising displayed including photographs of each different temporary commercial advertisement indicating their square footage and quantities of each for each day; traffic conditions in the area of the event, and all other aspects of permit compliance. A specific description of the measures to be used arc included in the Park Use Permit and or Coastal Development Permit as conditions of approval; (9) If the temporary event is expected or known to ive 1,500 or more spectators and participants etween the hours of 9:30 a.m. and 7:00 p.m. on any day, the applicant additionally provides a valid agreement with a shuttle operator; shuttle routes and operating schedule to provide such a shuttle service during the event as follows: the shuttle service shall run continuously on Saturdays. Sundays and holidays between the hours of 7 a.m. and 7 p.m.; the "headway" time between shuttle service pick-ups shall not be more than fifteen (15) minutes; and the free shuttle service is available and identified as for the general public, handicap and event spectators. Specifically, the shuttle service provides for adequate transportation capacity during combined peak event and beach access hours; (10) If the temporary event is expected or known to have 1,500 or more spectators and participants between the hours of 930 am. and 7:00 p.m. on any day, additional measures are required which provide for recycling facilities; a method to determine the actual number of attendees requiring parking in order to attend the event; and provides for a minimum utilization requirement of forty (40) percent of the off-site parking mitigation spaces required during the first event approved pursuant to this act, increasing by an amount to be determined by the Gty Council but not less than a minimum of ten (10) percent for each event thereafter to a minimum of seventy (70) percent utilization by the completion of the monitoring and mitigation program not including extensions regardless of changes to the minimum off-site parking mitigation spaces required. Radio notices informing the public of alternate parking and transportation will be aired a minimum of one day prior to the weekend event date during commuter hours and once' lin hour during the event on ,eekends and or holidays between minimum hours • f 9 am. to 1 p.m. and shall represent all diverse ethnic and cultural Los Angeles radio markets and shall include Spanish language, youth and news stations. A specific description of the measures to be used are included in the Park Use Permit and or Coastal Development Permit as conditions of approval; (I1) A true, correct and complete copy of all information regarding the current and past events conducted by the applicant within the last two (2) years or two (2) events, which is on file with the Gty, including, but not limited to: The permanent case files, all final Reports with all attachments and exhibits has been presented for public review during each hearing; (12) The Park Use Permit and or Coastal Development Permit requires strict compliance with permit requirements and standard conditions as conditions of approval; (13) Nothing is proposed to be offered for sale on the sandy beach, with the exception of constitutionally protected materials with specific approval; (14) If the temporary event is on the beach and its primary function is live amplified music, the city accepts primary responsibility for compliance to permit mitigation conditions. Additionally, amplified sound is measured by a qualified professional independent third party during the monitoring and mitigation period; (15) If the temporary event is expected or known to have 1.500 or more spectators and participants on any day, notice of an application for a Park Use Permit and or Coastal Development Permit has been published in a local newspaper of general circulation; (16). Amplified sound equipment is directed opposite the residential and commercial properties; (17) Notice has been given to all addresses within a 500 foot radius of the parcel on which the event is proposed, or within a 500 foot radius of the maximum extent of the proposed temporary event site, whichever results in a greater arca, at least 10 working days prior to the first scheduled public hearing; (18) The proposed temporary event has been reviewed by the Parks, Recreation and Community Resources Advisory Commission consistent with the procedures set forth in this act at a duly noticed public hearing; (19) The replacement parking does not include any parking lots that provide long-term beach and public facility parking during the facilities regular business hours, or are included in any preferential parking program; (20) If the initial monitoring and mitigation period has been completed, all impacts from the applicants prior temporary event have been found, based on the evidence submitted, to have been reduced to a level of insignificance; (21) The proposed temporary event is not the same or substantially similar event conducted by the applicant within the last three (3) years which failed to mitigate its impacts to a level of insignificance upon completion of the monitoring and mitigation period including extensions, if any; (22)If tobaccoand or alcohol temporary commercial advertising is proposed; it is in the best interest of the general public (Effective January 1, 2002 and thereafter); (D) All feasible mitigation measures and conditions to the Park Use Permit and or Coastal Development Permit have been adopted to reduce any adverse impacts of the proposed event to a level of insignificance. Section 17.76.090 Acceptance of terms. (A) The Community Development Director shall receive a copy of the Park Use Permit and or Coastal Development Permit signed by the permittee or his or her authorized representative, agreeing to the terms and conditions of the permit at least thirty (30) calendar days prior to commencement of development. (B) Failure of the permittee to submit a signed Park Use Permit and or Coastal Development pursuant to Section 17.76.090.A shall cause the permit to automatically become invalid. Section 17.76.100 City Council action final. Page 5 of 6 (A) The action of the Gty in denying an application for a Park Use Permit and or Coastal Development Permit for a temporary event shall be final and conclusive, and may not be appealed to the Gty. (B) The action of the Gry in approving an application for a temporary event Park Use Permit and or Coastal Development Permit or issuing a Notice of Determination for a temporary event in the coastal zone shall be final and conclusive unless, on or before the 10th city hall working day following the 'decision of the Gty, an appeal in writing on forms provided by the Director of Community Development is filed with the City and or the Coastal Commission, as applicable, by the applicant. Section 17.76.110 Appeal - Temporary Events (A) Development authorized under this act shall be appealable to the Gty Council and or the Coastal Commission as applicable. (B) Any person or representative who appeared at a public hearing, or by other appropriate means prior to action on a Park Use Permit and or Coastal Development Permit for a temporary event. informed the City of his or her concerns about an application for such permit, or any person who, for good cause, was unable to do either of the foregoing objects to the action taken on such permit and wishes to appeal such action to the City Council and or Coastal Commission as applicable. is a qualified appellant and may appeal an action of the Gty Council in approving a Park Use Permit and or Coastal Development Permit for a temporary event to the City Council and or Coastal Commission as applicable. (C) There shall be no fee associated with an appeal to the Gty Council of an approved Park Use Permit and or Coastal Development Permit for a temporary event in the coastal zone. (D) The appeal shall state the grounds on which the appeal is being made. The grounds for appeal must be based on any of the following: The provisions and or policies of this act, the Municipal Code, the Land Use Plan and or Local Coastal Program, or the Coastal Act. (E) The decision of the Gty Council on the appeal shall be supported by findings, and shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant and appellant. The action of the City Council shall be final and conclusive unless appealable to the California Coastal Commission. Section 17.76.120 Effective Date of Decision. Development pursuant to an approved Park Use Permit and or Coastal Development Permit shall not commence until the permit becomes effective. Not withstanding any other provision of this act, the permit becomes effective only if all applicable appeal periods expire ot: if appealed, until all appeals, including those to the Coastal Commission. if any, have been exhausted. . Section 17.76.130 Applications and case file a part of permanent record. (A) Applications filed pursuant to this act shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Gty Council, and there shall be attached thereto and permanently filed therewith copies of all case files, including, but not limited to: Final Reports, correspondences in all forms, exhibits, notices and actions with certificates or affidavits of compliance, posting, mailing or publications pertaining thereto. In addition, all electronic communications shall be saved, printed out and made a part of the permanent files of the case. oB) A detailed summaryprepared by the city clerk r deputy city clerk f all pertinent testimony offered at each public hearing held in connection with an application for a Coastal Development Permit for a temporary event filed pursuant to this act, and the names of persons testifying shall be recorded and made a part of the permanent files of the case. CC) Acopy of all approved applications for a Park Use Permit issued pursuant to this act shall be sent to the Coastal Commission for determination of Coastal Development Permit requirements at least sixty (60) days in advance, until such time as the City has a certified Local Coastal Program that includes the provisions of this act. Section 17.76.140 Setting of hearing. All applications for a Park Use Permit and or Coastal Development Permit for a temporary event, shall be set by the clerk of the city council for a duly noticed public hearing when such hearing is to be held before the Oty Council and or the Parks. Recreation and Community Resources Advisory Commission. The date of the hearing shall be not less than ten working days nor more than forty (40) calendar days from the time of filing of such verified application. Copies of all documentation and information submitted for permit consideration shall be available for public review at a counter in city hall and the public library during regular business hours at least three (3) city hall working days in advance of each public hearing and shall be made available in the packet at the hearing. Section 17.76.150 Investigations. The Gty Council shall cause to be made by its own members, or members of its staff. such investigation of facts bearing upon an application or appeal of a Park Use Permit and or Coastal Deyelopment Permit set for hearing. including, but not limited to: An analysis of previous temporary events conducted within the last two (2) years or two (2) events by the applicant. as will serve to provide all necessary information to assure action on each cast consistent with the purposes of this act. Section 17.76.160 Violations. It shall be unlawful for any person. entity. corporation. or Local Government Agency to erect, construct, or begin commencement of a temporary event in the coastal zone whose application for a Park Use Permit and or Coastal Development Permit is required pursuant to this act, or cause or permit the same to be done in violation of this act, or to erect. construct, or begin commencement of a temporary event in the coastal zone without a valid Park Use Permit and or Coastal Development Permit. Any such person, entity, corporation. or Local Government Agency shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 17.76.170. Section 17.76.170 Violations - Penalties. (A) Every person, entity, corporation, or Local Government Agency who violates Section 17.76.160 is guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars (31,000.00) or by imprisonment in the Gty or County jail for a term not exceedin; six (6) months or by both such fine and impnsonment. Each such person, entity, corporation, or Local Government Agency shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person and shall be punishable accordingly. (B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 17.76.180 Fines deposited in Coastal Conservation Fund. All revenues received by the Gty from fines pursuant to this act shall be deposited into the Coastal Conservation Fund established by this act. Section.17.76.190 Temporary event revenue deposited in Coastal Conservation Fund. All revenue received by the Gty from temporary events in the coaltal zone, including, but not limited to: Park use fees, filming fees, exclusive use parking fees and other sources of revenue derived directly from said events shall be deposited directly into the Coastal Conservation Fund only. SECTION 4. Initiative Integrity. (A) This act shall be broadly construed and applied in order to fully promote its underlying purposes, and to be consistent with the United States Constitution. the Constitution of the State of California and the California Coastal Act. If any provision of this initiative conflicts directly or indirectly with any other provisions of law of the Gty of Hermosa Beach. or if any ordinance which is adopted concurrently with this ordinance which receives less votes and is in direct or indirect conflict with any provisions herein. it is the intent of the voters that those other provisions are repealed to the extent of the inconsistency and such inconsistencies shall be of no force and effect. (B) All ordinances, agreements, resolutions. and policies of the Gty of Hermosa Beach and the provisions and policies of the Gty of Hermosa Beach Municipal Code, Land Use Plan. Land Use Element of the General Plan. and the official zoning map which is in direct or indirect conflict with the intent and provisions herein are repealed to the extent of the inconsistency. (C) No provisions of this act or part thereof may be modified, amended, or repealed without a vote of the electorate, except as provided herein, and by the California Coastal Commission in order to comply with the nunimum requirements of the California Coastal Act for consideration of a Local - Coastal Program proposed by the Gty of Hermosa • Beach. (D) If any provision of this act or part thereof. or section, paragraph, sentence, clause, word or - phrase of this act is, for any reason. held to be invalid, ineffective, unenforceable. or unconstitutional by any final court action in a court of competent jurisdiction, or by the California Coastal Comrussion, or by reason of any preemptive State of California or Federal legislation. the remaining provisions, sections. paragraphs, sentences, clauses, words or phrases hereby adopted shall remain in full force and effect; it being expressly declared that this act and its provisions. and each section. paragraph. sentence, clause, word and phrase hereof. would have been prepared, proposed. adopted, approved and ratified irrespective of the fact that any one or more provisions, or sections, paragraphs, sentences, clauses, words or phrases be declared invalid, ineffective, unenforceable. or unconstitutional. (E) It is the will of the People of The Oty of Hermosa Beach that any legal challenges to the validity of any provision of this act be acted upon by the courts upon an expedited basis. SECTTON 8. The Planning staff and Planning Commission is hereby authorized and directed to make any and all nonsubstantitive modifications consistent with the intent and provisions herein which are necessary to codify this act into existing Gty of Hermosa Beach Municipal Codes. Any other changes shall be limited to: Reformatting and revising chapter and section numbers and amending references to other Municipal Code sections to the extent of the inconsistency. The Planning staff and Planning Commission shall expedite compliance. SECTION 9. The Gty Council of The Gty of Hermosa Beach shall expedite approval of a Local Coastal Program which includes the provisions of this act without modification, and seek Coastal Commission approval and certification and take all further actions necessary to expedite implementation and enforcement of the provisions and intent of this act. SECTION 10. This initiative measure is to be adopted by the City Council of Hermosa Beach or be submitted to the voters at the next succeeding municipal election or at a special election as provided for by law. Page 6 of 6 SECTION 11. This act shall take effect the day after the election. or in the manner prescribed by law. SECTION 12. The Gty Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner prescribed by law: • 'Mayor and Members of the City Council November 2, 1999 City Council Meeting November 9, 1999 INITIATIVE PETITION TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS Recommendation: It is recommended that the City Council: 1) Receive and file the attached report that Council ordered pursuant to Elections Code Section 9212 which includes an analysis of when the proposed ordinance, if passed, would take effect; and 2) Select one of the following alternatives: (a) Introduce the ordinance without alteration (and adopt it within 10 days); or (b) Direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the ordinance, without alteration, to the voters at the regular municipal election in November of 2001. Background: At the meeting of October 12, 1999, the City Clerk presented to Council a Certificate of Sufficiency for the subject initiative ordinance, noting that the petition contained valid signatures from more than 10 percent but less than 15 percent of the registered voters and had, therefore, qualified for the November 2001 ballot. The Council was presented with the alternatives mandated by State law to either: (a) introduce the ordinance and adopt it within 10 days; (b) direct that the measure be submitted to the voters at the next municipal election; or (c) order a report pursuant to Elections Code Section 9212, to be presented to the Council within 30 days. At that meeting, the Council opted to order a report, to be presented at the November 9 meeting, thereby deferring action on the petition until that date. Staff was directed to prepare a report that included a legal interpretation of the measure to determine when it would take effect, if passed. That report is attached. Pursuant to the California Elections Code, if the ordinance petitioned for is not required to be submitted to the voters at a special election or is not adopted by the City Council, then the ordinance, without alteration, shall be submitted to the voters at the next regular municipal election occurring not less than 88 days after the report is presented. 1 9 • • REVIEW OF ALTERNATIVES: Option 2(a) – Introduce the Ordinance If the City Council opts for Alternative 2(a)—to introduce the ordinance without alteration at tonight's meeting–there would be no election. Because State law requires the subsequent adoption of the ordinance to take place within 10 days, it would be necessary to adjourn tonight's meeting to a date no later than Thursday, November 18, 1999, in order to adopt the ordinance within the State -mandated time limit. Option 2(b) – Direct the Measure be Placed on the November 2001 Ballot If the City Council opts for Alternative 2(b)—to direct the City Clerk to bring back, at the appropriate time, the required documents to submit the ordinance without alteration to a vote of the people at the regular municipal election in November of 2001 all appropriate resolutions and associated documents would be prepared for Council adoption in June or July 2001, prior to the deadline for placing items on that November ballot. Elaine Doerfling, City Clerk Attachments: Report from City Attorney Michael Jenkins dated 11/4/99 Proposed ordinance identified as Exhibit "A" 2 CITY O F . H E R M O S A BEACH MEMORANDUM DATE: NOVEMBER 4, 1999 TO: MAYOR AND CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY RE: REPORT ON TERM LIMITS INITIATIVE Y This memorandum is prepared at the City Council's October 12, 1999 request for a report pursuant to Election Code Section 9212 regarding the initiative entitled 'The City of Hermosa Beach Term Limits Act." The initiative proposes to impose term limits on individuals serving as city councilmembers. Local term limits are permissible under State law (Government Code Section 36502(b)), and have been upheld in the courts as constitutional (Legislature of the State of California v. Eu, 54 Cal.3d 492(1991)). Accordingly, the subject of the initiative is lawful. The language of the initiative, when read as a whole, is ambiguous in two respects and presents uncertainty in its initial application to incumbents and successful write-in candidates. This report will focus on those issues. The ambiguities: 1) May successful write-in candidates take office? and 2) How long must a former councilmember wait before being eligible to run again? Under the proposed ordinance, no councilmember can serve more than two consecutive terms of office. A councilmember who serves two terms is thereafter ineligible to serve again until the expiration of "four consecutive intervening terms" (Sec. 2.08.040(b)). There are, however, two difficult issues of interpretation raised by the language of the initiative. The first question of interpretation arises from an internal inconsistency between Section 2.08.040(a) and Section 2.08.050(b). The former section states the general rule recited above (i.e. "no person may serve ... more than two terms). The latter expressly exempts write-in candidacies, apparently allowing an otherwise ineligible incumbent to mount a write-in campaign for a third term. But, while the section allows such a candidate to stand for office, it neglects to state whether he or she may be allowed to "serve" once elected. A court attempting to harmonize this inconsistency would likely take the view that it would be nonsensical to allow a candidate to run, but if elected, not serve. Nonetheless, the imprecise language creates uncertainty. • • The second question of interpretation is a more serious one. It is unclear from the proposed initiative whether the "waiting period" before a councilmember who has served two terms may again hold office is 16 years (four, complete 4 -year terms) or 8 years (four consecutive municipal elections). A "term of office" for a Hermosa Beach councilmember is four years. Therefore, one could argue that "four consecutive intervening terms" means the product of four years multiplied by four full terms, or 16 years. On the other hand, since a term of office ends every two years based on the City's staggered election schedule, it is equally plausible to argue that four new terms are "expired" after only eight years, and that a former councilmember would be eligible to again run for the Council in the fifth election following ineligibility. Initial Application of Initiative to Incumbents. Several sections of the initiative address the eligibility of sitting councilmembers, as follows: Sec. 2.08.040(a): "Except as provided in Subsection 2.08.040.b, no person may serve in the office of City Council of the City of Hermosa Beach more than two terms, but upon passage of this measure no person who has held the office or who then holds the office may serve more than one additional term. This Subsection shall apply to any term that a member of the City Council has served or is serving in that office on the date this measure is adopted." Sec. 2.08.050(a): "Notwithstanding any other provision of law, the elections official ... shall not accept or verify the signatures of any nomination paper. ..or print or cause to be printed on any ballot ... the name of any person who seeks to become a candidate for the City Council ... who, by the end of the then current term of office will have served ... for eight or more of the previous fifteen years. Additionally, Section 4 states that while Section 2.08.040(a) is to be strictly construed, no person shall be denied a candidacy unless specifically prohibited from doing so by 2.08.040(a). Section 2.08.040(a) is, however, written as a limitation, not an entitlement. It is also written to apply prospectively. This measure is scheduled to be placed on the ballot for the November, 2001 ballot. If this measure receives a majority of favorable votes, it is considered adopted on the date the vote is declared by the legislative body and goes into effect 10 days thereafter (Election Code Sec. 9217). Thus, it would go into effect after the candidates in that same election are sworn into office. Thus, applying these provisions to the following categories of candidates yields the following results: 1. Incumbent who has served two or more terms and is re-elected to office in 2001: Under Section 2.08.040(a), the term commencing in 2001 is the "first term," given that section's prospective application; hence, under that section, the incumbent is entitled to one additional term. However, under Section 2.08.050(a), the member will 2 • • have served for "eight or more of the previous fifteen years" and, hence, is ineligible under that Section. However, Section 4 states that Section 2.08.040(a) trumps all other provisions, leaving the possibility of one additional term, commencing in 2005. 2. Incumbent who has served two or more terms and is re-elected to office in 1999: Is eligible for one additional term under Section 2.08.040(a) commencing in 2003, but is ineligible under Section 2.08.050(a), for the same reasons as described above. Again, the outcome depends on whether Section 2.08.040(a) trumps Section 2.08.050(a). 3. Incumbent first elected in 1999 and up for re-election in 2003: May run for one additional term in 2003. Should the initiative measure be enacted, and one of the circumstances described in paragraphs 1 or 2 above occur, it would be necessary to adopt one or the other interpretation, at which point only a court could definitely resolve the inconsistency should someone seek to contest that interpretation. 3 • EXHIBIT "A" INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT "A" AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTIONS 2.08.040 AND 2.08.050 TO THE CITY OF HERMOSA BEACH MUNICIPAL CODE THE CITY OF HERMOSA BEACH TERM LIMITS ACT The people of the City of Hermosa Beach do ordain as follows: SECTION 1. TITLE. This ordinance shall be known as, and may be cited as, "The City of Hermosa Beach Thrm Limits Act." SECTION 2. FINDINGS, DETERMINATIONS AND DECLARATIONS. The people of the City of Hermosa Beach hereby find, determine, and declare all of the following: (a) The Founding Fathers established a system of representative government based on free, fair, and competitive elections. The increased concentration of political power in the hands of incumbent representatives has made our electoral system less free, less competitive, and less representative. The ability of City Council members to serve unlimited number of terms contributes heavily to the extremely high number of incumbents who are reelected. These unfair incumbent advantages discourage qualified candidates from seeking public office and create a class of career politicians, instead of the citizen representatives envisioned by the Founding Fathers. These career politicians become representatives of the bureaucracy, rather than of the people whom they are elected to serve. To restore a free and democratic system of fair elections, and to encourage qualified candidates to seek public office, the powers of incumbency must be limited and limitations placed on the number of terms which may be served. (b) Local government should serve the needs and respond to the wishes of all citizens equally, without regard to their wealth; (c) Elected public officials should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them; (d) Lobbyists often make their contributions to incumbents who cannot be effectively challenged because of election laws and abusive practices which give the incumbent an unfair advantage; (e) Previous laws regulating political practices have suffered from inadequate enforcement by state and local authorities; (f) Over 3,700,000 California voters passed Proposition 140 term limits and enjoy term limits for President, Governor, State Senate, State Assembly, Mayor of Los Angeles, and numerous city and state officials throughout California; (g) Unlimited terms in the office of City Council of the City of Hermosa Beach significantly reduces the citizens ability to participate in and determine the future of the City. To restore a free and democratic system of fair elections, and to encourage qualified candidates to seek public office, the powers of incumbency must be limited and limitations placed on the number of terms which may be served. (h) It is the will of the people of The City of Hermosa Beach that current and future elected City Council members of the City of Hermosa Beach shall be limited in their terms of office to a maximum of two terms. SECTION 3. PURPOSE AND INTENT. The purpose and intent of this act is to establish a system of representative government based on free, fair, and competitive elections; to create a more representative system of government, and; to encourage qualified candidates to seek public office. The City of Hermosa Beach Municipal Code is subject to the following modifications to read: (Parts A -B) (A) Chapter 2.08 (Elections) by ADDING new Section 2.08.040 as follows: Section 2.08.040 TERM LIMITS. (a) Except as provided in Subsection 2.08.040.b, no person may serve in the office of City Council of The City of Hermosa Beach more than two terms, but upon the passage this measure no person who has held the office or who then holds the office may serve more than one additional term. This Subsection shall apply to any term that a member of the City Council has served or is serving in that office on the date this measure is adopted. A "term" does not include any unexpired term to which a City Council Member is elected if the remainder of the term is less than one-half of the full term. Page 1 of 2 • • (b) Any City Council member who has served the maximum number of terms set in Subsection 2.08.040.a may seek reelection upon the expiration of four consecutive intervening terms. Subsection 2.08.040.a shall apply to any additional terms to which a City Council member is reelected. (c) In no event shall the operation of this measure cause a vacancy in office of a member of The City Council serving an unexpired term on the date this measure is adopted. --(B)-Chapter 2.08 (Elections) by ADDING new Section 2.08.050 as follows: Section 2.08.050 CITY COUNCIL CANDIDATES; BALLOT ACCESS. (a) Not withstanding any other provision of law, the elections official of The City of Hermosa Beach shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, or ballot label the name of any person, who seeks to become a candidate for the City Council of The City of Hermosa Beach, and who, by the end of the then current term of office will have served or but for resignation would have served, as a member of The City Council of The City of Hermosa Beach for eight or more of the previous fifteen years; (b) "WRITE-IN" CANDIDACIES. Nothing in this measure shall be construed as preventing or prohibiting any qualified voter of the City of Hermosa Beach from casting a ballot for any person by writing the name of that person on the ballot, or from having such a ballot counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for office of City Council of The City of Hermosa Beach by means of a "write-in" campaign. SECTION 4. CONSTRUCTION. Nothing in this measure shall be construed as preventing or prohibiting the name of any person from appearing on the ballot at any election unless that person is specifically prohibited from doing so by the provisions of Section 2.08.040.a and to that end, the provisions of Section 2.08.040.a shall be strictly construed. SECTION 5. INITIATIVE INTEGRITY. (A) This act shall be broadly construed and applied in order to fully promote its underlying purposes, and to be consistent with the United States Constitution and the Constitution of the State of California. If any provision of this initiative conflicts directly or indirectly with any other provisions of law of the City of Hermosa Beach, or if any ordinance which is adopted concurrently with this ordinance which receives less votes and is in direct or indirect conflict with any provisions herein, it is the intent of the voters that those other provisions are repealed to the extent of the inconsistency and such inconsistencies shall be of no force and effect. (B) No provisions of this act or part thereof may be modified, amended, or repealed without a vote of the electorate of The City of Hermosa Beach. (C) If any provision portion, clause or phrase of this act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect. The portions of this act shall supersede all inconsistent provisions of city law. (D) It is the will of the People of The City of Hermosa Beach that any legal challenges to the validity of any provision of this act be acted upon by the courts upon an expedited basis. SECTION 6. This initiative measure is to be adopted by the City Council of Hermosa Beach or be submitted to the voters at the next succeeding municipal election or at a special election as provided for by law. SECTION 7. This act shall take effect the day after the election, or in the manner prescribed by law. SECTION 8. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner prescribed by law. Page 2 of 2 • Honorable Mayor and Members of the Hermosa Beach City Council //--5— 95. November 4, 1999 Regular Meeting of November 9, 1999 CHANGE IN REPORTING OF QUARTERLY SALES TAX DATA, REQUEST FROM MR. JIM LISSNER RECOMMENDATION: It is recommended that the City Council direct staff to continue receiving existing quarterly sales tax reports. BACKGROUND: At the City Council meeting of September 14, 1999, Mr. Jim Lissner requested changes to the sales tax reports provided quarterly from Hinderliter de Llamas and Associates (HdL). The City Council directed staff to return with a proposal from the consultant. ANALYSIS: Request to Provide Sales Tax Breakdown by Business Category Within Each Geographic Area The City currently receives a summarized report by geographic area (see Attachment A), which is releasable to the public. In addition, staff receives reports with detailed information for each business within each geographic area by business category, which is not released to the public. HdL does not recommend that the smaller geographic areas, as requested by Mr. Lissner, be used due to the small size of the database (see attached letter from HdL). Much of the information would likely be deemed confidential because there will be so few businesses in the geographic area if it is further broken down by business category. Also, in very small groupings, the information will be skewed or difficult to compare to previous periods because of late payments, double payments and other accounting aberrations. The cost for making this change would be a one-time programming fee of $300. New Geographic Area for Plaza, Change Title of "Downtown" Geo to "Downtown, Including Plaza" This change can be made if the Council believes the information is valuable. Staff is satisfied with the geo areas currently used. Again, we are talking about a very small area. 1 1 0 Add a New Business Category "Eating and Drinking Places with Liquor", Chanqe Current "Eatinq and Drinking Places" to Eatinq and Drinking Places with or without Liquor" HdL derives their information from data supplied by the State Board of Equalization SBOE). The categories used on the attached reports by business type (Attachment B) and by major categories (Attachment C) are set by the SBOE. The category "Restaurants with Liquor" already exists as a business type. The other distinction regarding "with or without liquor" seems unnecessary. Both HdL and staff recommend that we do not deviate from SBOE categories. Overall, staff is satisfied with the reports currently received from HdL. Respectfully submitted, Viki Copeland Finance Director 2 CONCUR: *ti I1. S r! hen Burre I City Manager 'SEP -07-99 TUE 14:5W..H.LISSNER fir3762287 FACSIMILE coVER SHEET Total number of pages including this cover sheet 2 Date TU 9-7-99 Time To/Recipient Hermosa Beach City Council, City Manager, and Finance Director at fax number auto voice phone number 318-0216 From/ James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Sender: Fax number: (310) 376-2287 Voice number: (310) 376-4626 There is an answering machine on this line and it picks up after 5 rings. Message: END •; • 1+ P. 01 Re: Request to provide salts ty Y krPakdown by bt1gi ness oa eaary within each Qe ,grpnhi.c area Recently I requested a copy of the city's quarterly sales tax table that breaks -down the sales tax receipts by geographic areas (examples: "Downtown," and "Pier Avenue, Valley to Monterey"), as well as by business category (examples: "Eating and drinking places," and "Packaged liquor"). Unfortunately, the table does not give a breakdown by business category within each geographic area, i.e., the figure given for "Eating and drinking places" is a city-wide total - so there is no way, using the table, for you or me to develop a figure for sales of a particular business category, say "Eating and drinking places," within a particular geographic area, say "Downtown." I. For some years the city has employed Hinderliter and de Llamas (HdL), a specialized sales tax consulting firm, to prepare these quarterly sales tax tables, at a cost of a 5900nd per r quarter. it appears to me that with their expertise, h their existing database (which evidently already has each business premises coded as to its geographic area and its business category) they should quickly be able to supply you with a table that breaks -down the tax by category within geographic area. (It should take them just a few minutes on their computer.) I hope you will ask them to do that, for the current quarter as well as for those going back a few years. (WC - b8_ SEP -07-99 TUE 1.4:110J.H_LISSNER © 3762287 P. 02 The results should be an important planning tool for the community. II. I also suggest that you ask for some additional breakdowns, as follows. I think that while these may require HdL a little more time to do the first time, the results will be extremely -- useful now and in the future 1_ Add a new geographic area, and re -title another geo. area. a. The new geographic area could be called "Pier Plaza," and would contain just those businesses that front on the Plaza. It would be a sub -area to geo. area #3 - see below. b. The present geographic area #3, which is entitled "Hermosa Beach Downtown," could be re -titled, for purposes of clarity, "Downtown including Plaza," and it would continue to contain all downtown businesses, including those fronting on the Plaza. (The reason we should not delete the businesses fronting on the Plaza from this geographic area is that doing so would cause all of our past sales tax figures to become useless for the purpose of comparing one year to the next.) 2. Add a new business category, and re -title another business category. a. The new business category could be called "Eating and drinking places with liquor," and would contain just those businesses that have liquor licenses. It would be a sub- category - see below. b. The present business category entitled "Eating and drinking places" could be re -titled, for purposes of clarity, "Eating and drinking places with or without liquor," and it would continue to contain all restaurants, including those having liquor. (We should not delete the liquor licensees from this category as doing that would cause all of our past sales tax figures to become useless for the purpose of comparing one year to the next.) I hope that the finance department will come to the 9-14 council meeting with the breakdowns suggested in Section I. above, for at least the current quarter - and prepared to discuss the Section Ii. suggestions. Thank you, l '11/0471999 14:57— 9098617726 • • (.,THEildL o_\'tr'..\N (ES November 4, 1999 ---HDL COMPANIES PAGE 02 Revenue Management for Local Government Viki Copeland Finance Director City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Dear Viki: Hinderliter, de Llamas & Associates HdL Coren & Cone HdL Software, LLC This is in response to your inquiry about developing reports for public consumption that would break out detailed restaurant categories by geographic area. Because of the relatively small size of Hermosa Beach's database, I do not believe that the idea would be practical, This is because: 1. These very small geographic samples would just barely exceed the confidentiality.guidelines and will create confidentiality issues and questions in any quarter where a payment is late or that includes accounting adjustments, receivables, refunds or other aberrations. 2_ The state's coding of businesses is not 100% accurate (a restaurant serving beer and wine might be miscoded as a fast food restaurant for example) and therefore, the trend line for a specific classification in a small sampling could easily be misconstrued, 3. The proposed samplings would be too small to provide an accurate economic trend in that, individual groupings this small tend to be skewed by even the slightest accounting adjustment. For a one-time programming fee of less than $300 I can have the geographic areas broken out by larger groups (fast food restaurants, restaurants serving beer and wine, restaurants with liquor licenses, hotel/motels, clubs all lumped under "restaurants" for example). However, I am not sure that it would provide much more insight than the current analysis. 1340 Valley Vista Drive 1 Suite 200 1 Diamond Bar, CA 1 91765 1 (909) 861-4335 1 FAx (9091 861-7726 www,hdlcompanies.com 1 E-mail: hdlcomps@earthllnk.net 1 (8881 861-0220 -11/04/1999 14:57' 9098617726 • ""-HDL' COMPANIES PAGE 03 Regarding adding new categories; we use the same as those provided by the State Board of Equalization. We can edit the data by moving specific businesses from one category to another but rarely add categories and only if we are going to uniformly change the entire state_database (breaking out auto leases for example). As far as editing or modifying geographic areas, we do that as part of your service. Just send over the requested changes. Call if you have questions. LdL:dn 2 H dg anal THE CITY OF HERMOSA BEACH SALES TAX REVENUES BY GEOGRAPHIC AREA - THIRD QUARTER 99, REFLECTING SECOND QUARTER 1999 SALES Geographic Area • 6 Pch Auto 1 Pacific Coast Hwy 3 Hermosa Bch Downtown 4 Pier -Valley -Monterey 2 Aviation-E.Of Pch 5 Pavilion -1617 Pch Quarterly Revenues For Previous Three Years Current Year Prior Year Third Fourth First Second Third Fourth First Second Third Fourth First Second Count Qtr Total Percent Qtr Total Percent 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1999 1999 28 144,689 26.8% 107,912 22.3% 83,396 83,041 97,314 105,001 86,846 97,197 89,597 107,912 105,723 110,894 114,009 144,689 102 133,021 24.6% 130,497 27.0% 119,432 98,236 113,051 119,985 130,150 113,894 125,310 130,497 135,528 120,206 128,687 133,021 142 99,251 18.4% 97,145 20.1% 71,965 66,828 64,577 83,285 87,857 64,313 70,647 97,145 95,447 77,488 81,437 99,251 68 66,603 12.3% 61,641 12.7% 66,452 60,569 65,746 52,497 70,841 72,072 55,953 61,641 66,747 76,286 67,869 66,603 43 17,450 3.2% 19,548 4.0% 16,878 17,961 16,345 18,111 18,624 20,646 14,372 19,548 18,334 19,209 15,495 17,450 2 256 0.0% 765 0.2% 3,660 2,609 2,516 2,521 2,477 2,036 1,328 765 1,473 1,306 1,416 256 Totals For Listed Geo Areas 385 461,270 85.4% 417,509 86.3% 361,782 329,244 359,549 381,400 396,795 370,158 357,207 417,509 423,251 405,389 408,913 461,270 Totals For All Outlets 1,227 540,041 100.0% 483,878 100.0% 392,408 364,750 393,920 440,718 446,320 421,179 405,372 483,878 487,845 484,152 465,099 540,041 Hinderliter, de Llamas & Associates - CONFIDENTIAL INFORMATION DO NOT COPY OR DISTRIBUTE WITHOUT AUTHORIZATION ATTACHMENT "A" L0.3:14 de Lamas analdsoinime THE CITY OF HERMOSA BEACH TOP 25 BUSINESS TYPES LISTED BY PERCENT OF CITY TOTALS 2nd QUARTER OF 1999 COMPARED TO 2nd QUARTER OF 1998 Code Business Type Description (Count) CITY 2nd Qtr '99 2nd Qtr '98 Change 60 New Motor Vehicle Dealers (3) 35 - Restaurants Beer And Wine (37) 34 Grocery Stores Liquor (4) 36 Restaurants Liquor (14) 24 Fast Food (48) 50 Lumber/Building Materials (1) 65 Auto Lease (24) 19 Specialty Stores (49) 62 Service Stations (4) 64 Used Automotive Dealers (4) 12 Sporting Goods/Bike Stores (15) 91 Textiles/Furnishings (8) 30 Home Furnishings (9) 28 Non -Store Retailers (25) 71 Auto Repair Shops (30) 22 Package Liquor Stores (6) 99 Light Industrial/Printers (12) 27 Drug Stores (1) 89 Business Services (22) 03 Family Apparel (8) 01 Women's Apparel (6) 72 Repair Shops (17) 33 Grocery Stores Beer/Wine (7) 29 Part Time Permitees (56) 16 Stationery/Book Stores (4) All Others (78) TOTAL ALL TYPES (492) Major Business Groups 123,330 85,191 44.8% 51,759 54,897 -5.7% 45,247 40,039 13.0% 39,155 36,714 6.7% 34,975 35,474 -1.4% 29,814 23,730 25.6% 29,461 25,034 17.7% 22,113 18,446 19.9% 19,379 13,524 43.3% 16,872 14,884 13.4% 16,411 16,312 0.6% 14,574 14,386 13% 10,121 9,534 6.2% 9,776 11,898 -17.8% 7,336 10,100 -27.4% 7,009 5,497 27.5% 6,469 6,430 0.6% 5,480 4,617 18.7% 4,033 3,676 9.7% 3,799 3,133 213% 3,618 3,323 8.9% 3,583 4,781 -25.1% 3,422 2,857 19.8% 3,373 4,887 -31.0% 2,681 2,473 8.4% 26,253 32,041 -18.1% 540,041 483,879 11.6% COUNTY 2nd Qtr '99 Change 24,278,939 11.9% 4,954,753 9.0% 7,836,588 17.8% 6,859,896 8.8% 12,181,389 10.9% 7,462,887 12.0% 4,008,944 15.2% 8,621,622 9.5% 14,246,598 20.6% 3,040,766 15.3% 1,403,770 -3.8% 2,810,752 -2.1% 4,506,746 15.1% 1,315,785 -3.8% 2,687,469 9.1% 1,349,237 -1.7% 11,218,897 -6.6% 3,135,394 3.0% 4,350,522 0.8% 3,329,305 -15.5% 2,629,856 9.9% 2,920,023 3.9% 1,975,077 13.4% 1,352,688 1.6% 2,239,611 12.8% 76,756,438 2.4% 217,473,953 6.3% HdL STATE 2nd Qtr '99 Change 2nd QUARTER A Sales $ Per Account City County State VERAGES COMPARED Sales $ Per Capita City County State % Of Total Sales City County State 94,020,892 11.9% 20,136,642 6.6% 28,086,377 12.0% 24,610,476 7.8% 38,080,951 12.6% 34,493,989 19.0% 10,568,733 21.7% 27,554,453 7.7% 50,257,309 19.9% 11,037,529 14.5% 6,862270 1.8% 6,671,492 3.0% 17,780,971 16.8% 4,824,957 7.8% 9,879,407 3.8% 4,807,511 4.7% 40,036,735 0.4% 12,149,784 3.4% 17,667,943 0.3% 12,090,589 -3.7% 8,387,446 9.8% 11,752,967 10.3% 10,329,954 14.7% 4,155,147 -5.2% 7,522,489 0.3% 324,766,426 4.0% 838,533,438 7.5% 4,110,984 139,890 1,131,163 279,677 72,865 2,981,402 122,754 45,128 484,463 421,791 109,409 182,171 112,453 39,104 24,453 116,817 53,909 547,995 18,331 47,491 60,295 21,076 48,889 6,023 67,034 33,657 5,266,581 140,920 982029 304,614 109,792 1,424,215 310,771 72,027 720,253 218,289 183,021 96,391 146,609 28,754 38,669 83,389 147,792 333,553 77,028 146,924 116,262 68,739 104,779 7,959 191,093 218,009 4,846,438 122,389 778,232 268,732 117,136 1,321,103 202,972 66,475 726,157 240,260 169,942 102,796 147,621 27,969 43,905 107,888 165,804 463,378 77,294 184,928 133,771 72,317 145,615 7,612 163,532 235,272 109,764 163,033 176,814 Autos And Transportation (67) Building And Construction (6) Business And Industry (78) Food And Drugs (24) Fuel And Service Stations (5) General Consumer Goods (210) Restaurants And Hotels (100) Transfers & Unidentified (2) TOTAL ALL GROUPS (492) 180,254 32,319 36,072 62,917 19,404 82,111 126,917 48 140,846 28.0% 26,219 233% 37,702 -4.3% 54,540 15.4% 13,524 43.5% 82,905 -1.0% 128,143 -1.0% 0 na 540,041 483,879 11.6% 41,462,287 15,449,463 46,012,765 15,443,467 15,960,890 57,260,483 25,685,342 199,255 217,473,953 11.6% 7.1% -1.4% 11.2% 19.8% 4.8% 8.9% -78.4% 6.3% 646 271 237 205 183 156 154 116 101 88 86 76 53 51 38 270 332 52 64 82 91 72 79 127 122 80 113 46 44 88 161 37 90 149 32 15 30 47 14 28 22 22 57 15 32 37 14 16 34 117 128 29 33 40 21 45 56 20 35 39 19 19 18 18 14 137 28 30 21 14 24 839 28 38 33 13 25 1,115 2,827 2,331 2,811 22.8% 9.6% 8.4% 7.3% 6.5% 5.5% 5.5% 4.1% 3.6% 3.1% 3.0% 2.7% 1.9% 1.8% 1.4% 1.3% 1.2% 1.0% 0.7% 0.7% 0.7% 0.7% 0.6% 0.6% 0.5% 4.9% 11.2% 2.3% 3.6% 3.2% 5.6% 3.4% 1.8% 4.0% 6.6% 1.4% 0.6% 13% 2.1% 0.6% 1.2% 0.6% 5.2% 1.4% 2.0% 1.5% 1.2% 1.3% 0.9% 0.6% 1.0% 35.3% 11.2% 2.4% 3.3% 2.9% 4.5% 4.1% 1.3% 3.3% 6.0% 1.3% 0.8% 0.8% 2.1% 0.6% 1.2% 0.6% 4.8% 1.4% 2.1% 1.4% 1.0% 1.4% 1.2% 0.5% 0.9% 38.7% 100.0% 100.0% 100.0% 157,936,090 11.5% 75,231,642 13.3% 186,844,239 1.0% 58,927,234 9.6% 59,114,398 18.4% 208,898,963 5.3% 91,190,013 9.2% 390,859 -65.6% 838,533,438 7.5% 269,035 538,648 46,246 262,154 388,070 39,100 126,917 2,390 300,735 412,536 147,586 202,272 715,735 100,561 148,299 35,709 315,916 435,444 164,899 238,862 702,822 105,817 150,379 15,443 109,764 163,033 176,814 TOTAL ALL BUSINESSES (492) ALLOCATIONS FROM COUNTY POOL ALLOCATIONS FROM STATE POOL GROSS RECEIPTS 910201622 540,041 65,997 4,634 610,672 483,879 59,861 1,027 544,767 11.6% 10.3% 351.3% 12.1% 944 169 189 329 102 430 664 0 458 166 489 162 169 613 272 2 556 248 620 191 195 698 302 1 2,827 2,331 2,811 33.4% 6.0% 6.7% 11.7% 3.6% 15.2% 23.5% 0.0% 19.1% 18.8% 7.1% 9.0% 21.2% 22.3% 7.1% 7.0% 7.3% 7.0% 26.3% 24.9% 11.8% 10.9% 0.1% 0.0% 100.0% 100.0% 100.0% 217,473,953 6.3% 838,533,438 7.5% 109,764 163,033 176,814 2,827 2,331 2,811 100.0% ( Quarters Shown Reflect The Period In Which The Sales Occurred - Point of Sale ) HdL - CONFIDENTIAL INFORMATION - DO NOT COPY OR DISTRIBUTE WITHOUT AUTHORIZATION ATTACHMENT "B" 100.0% 100.0% Page 1 • Hinderhte% r de Llamas 4:;4 andMAssociates THE CITY OF HERMOSA BEACH MAJOR CATEGORIES BY FISCAL YEAR AND SALES QUARTERS Retail Group Apparel -Stores Auto Dealers And Supplies Building Materials Drug Stores Eating And Drinking Places Food Stores Furniture And Appliance General Merchandise Other Retail Stores Packaged Liquor Service Stations Non -Store & Part Time Retailers Business, Service, And Repair Group Manufacturers And Wholesalers Group Contractors & Lumber Drugs & Chemicals Food/Farm Products & Equip. Furniture & Textiles Heavy Industrial Equipment Industrial Equipment • Manufacturer/Whsl-Elec. Equip. Motion Pictures & Equip. Office And Store Equipment Petroleum Products & Equip. Transportation Equipment Wholesale Trailers/Auto Parts • State Adjustments And Transfers 1,352,996 42,147 354,569 80,603 24,593 381,179 175,032 34,636 2,434 183,408 19,668 54,726 34,014 91.343 70,487 741 2,463 0 41,826 -20 22,500 5,701 0 69 0 -4,007 1,214 34 Total Sales All Outlets ; 1548,874 387,540 394,792 365,851 356,970 7536 6.528 8,584 7,008 121,068 102,112 110,861 103,830 25,191 27,560 24,986 25,502 -2.488 5,012 5,760 5.635 109,976 112,900 87,906 96,549 44,562 60581 41,885 47,079 8,911 8,771 9,872 10,394 680 564 585 602 50,635 53,201 49,789 43,384 7,335 6,024 5,410 4,542 14,133 11540 20,214 12,444 9.590 12.354 11,732 5.423 26,047 22,588 28.123 19,551 17,542 16,585 15,472 23.428 98 44 1,161 208 804 747 790 774 O 0 0 0 11,111 11,036 8,933 16,213 -7 -16 -17 32 5,942 5,277 4,735 6,132 240 160 503 528 O 0 0 0 16 19 10 0 O 0 0 0 -962 -968 -974 -981 300 286 330 521 O 0 0 0 440,718 446,320 421,179 405,372 1,505,153 29,656 437,870 103,240 13,919 407,331 194,107 37.949 2,431 197,008 23,311 58,331 152,157 -12,491 83,301 22,636 -10,674 26,152 19,075 3.313 -3 13,601 3,643 3,605 39,099 5.085 96,309 4,966 73,027 ! 2,540 1,511 , 771 3,116 653 O ! 0 47,292 i 5.466 -8 12 22,087 ; -413 1,431 ! -4,269 O 0 45 -24 O 0 -3,885 I 122 1,438 I 223 O ! -34 1,713,588 ! 164,714 417.653 433,007 420.577 415,548 7.328 7,591 9,673 7,163 128,423 128,629 137,411 137,344 26,075 30,215 30,730 29,336 4,617 5.787 5,300 5,967 127,085 128.230 104,925 115,573 44,426 51.467 48,966 48,215 11.083 7,924 10,552 10,147 499 676 595 371 49,097 52,951 56.353 37,574 5,497 6,081 5.567 4,890 13524 13,455 10,5(4 18,968 16,785 10,208 20,501 1 1,562 23,802 23,987 27.179 19,295 25,638 20,644 15,895 18,694 143 546 131 83 922 882 877 914 O 0 0 0 14,386 14,932 11,467 13,249 -10 -17 -17 2 6,430 4,407 3,121 4,696 1,828 478 946 379 O 0 0 0 O 0 0 5 O 0 0 0 1,483 -990 -994 -997 456 405 364 364 0 1,686,785 31.755 531,807 116,356 21,671 475,814 193,074 39.706 2,142 195,975 22,036 56,451 59,056 94,263 80,870 903 3.595 0 54,033 -42 18,654 3,631 0 5 0 -1,497 1,588 0 0 0 0 483,879 487,845 484,152 465,099 1,920,975 181,632 2,098 93,937 13,116 7,751 68,483 -1,033 1,757 -289 -1,034 -1,275 -1,880 19,957 -2,(46 7,843 -609 479 0 6,741 -34 -3,433 2,200 0 -40 0 2,388 151 0 207,386 483,054 8,184 171,906 32,312 5,48() 125,889 50,428 10,795 481 51,191 7,009 19,379 0 0 0 0 0 O (I 0 (I 0 0 (1 0 (1 0 0 0 0 0 0 0 O O 13,149 (1 (1 0 0 0 0 l) 0 0 0 0 O 0 0 0 19,531 (1 O 0 24.259 0 0 O 7 (1 0 0 I I I (1 (1 0 O 0 0 0 14574 0 0 0 86 (1 0 O 6,469 0 0 0 873 0 0 0 O 0 0 0 O 0 0 0 I 25 0 0 0 1,836 0 0 O 278 0 0 0 48 0 0 0 540,041 0 0 0 483,054 8,184 171,906 32,312 5,480 125,889 50,428 10,795 481 51,191 7,009 19,379 13,149 19,531 24,259 7 Ill 0 14.574 86 6,469 873 0 0 25 1,836 278 29% 26% 325 28% 25% 26% 26% 27% 22% 26% 32% 34% 22% 21% 30% I'2, 3% 0% 27% -206% 35% 24% 0% 0% 0% -123% 18% 48 0% 540,041 28% Percent Of Fiscal Year l Percent Of Fiscal Year Percent Of Fiscal Year Retail Group 1,352,996 Non -Store & Part Time Retailers 34,014 Business, Service, And Repair Group i 91,343 Manufacturers And Wholesalers Group 70,487 State Adjustments And Transfers 34 26% 26% 24% 24% 25% 32% 30% 14% 27% 23% 29% 20% 24% 23% 21% 32% 0% 0% 0% 0% 1,505,153 I 152,157 39,099 5,085 96,309 4,966 73,027 2,540 O i -34 25% 26% 25% 25% 28% 175 35% 20% 25% 25% 29% 20% 32% 26% 20% 23% 0% 0% 0% 0% 1,686,785 59,056 94.263 80,870 0 181,632 19,957 -2,046 7,843 0 100% 0% 0% 0% 100% 05 0% (1% 100% 0% 05 0% 100% 0% 0% 05 10(1% 0% 0% 0% 483.054 29% 13,149 22% 19,531 21% 24,259 30% 48 0% Point -Of -Sale County Pool State Pool 1,548,874 193,335 6,746 440,718 446,320 421,179 405,372 52,205 53,873 52,017 51,601 2,539 2,438 2,364 952 1,713,588 209,695 8,292 164,714 16,360 1,547 Gross Receipts 1,748,955 495,462 502,630 475,559 457,925 1,931,575 182,621 483.879 487,845 484,152 465,(199 59,861 58,138 58,767 45,689 1,027 219 2,173 1,223 544,767 546,202 545,092 512,0I1 1,920,975 222,456 4,642 2,148,072 207,386 12,761 -3,650 216,497 540,(41 0 65,997 0 4,634 0 0 0 0 0 0 0 540.(41 65,997 4,634 28% 305 I (81% 610,672 0 0 0 610,672 28% 910231517 HdL - CONFIDENTIAL INFORMATION - DO NOT COPY OR DISTRIBUTE WITHOUT AUTHORIZATION ATTA('HMFNT "C" 1996-97 1997-98 FY Sales Quarters 1997-98 Dollar 1998-99 FY Sales Quarters 1998-99 Dollar 1999-00 FY Sales Quarters 1999-00 % of State Board of Equalization i Fiscal Year Fiscal Year Change Fiscal Year Change I YTD Past Major Business Categories Totals 2nd 3rd 4th 1st Totals Prior Yr. 2nd 3rd 4th 1st Totals I Prior Yr. 2nd 3rd 4th 1st j Total Year Retail Group Apparel -Stores Auto Dealers And Supplies Building Materials Drug Stores Eating And Drinking Places Food Stores Furniture And Appliance General Merchandise Other Retail Stores Packaged Liquor Service Stations Non -Store & Part Time Retailers Business, Service, And Repair Group Manufacturers And Wholesalers Group Contractors & Lumber Drugs & Chemicals Food/Farm Products & Equip. Furniture & Textiles Heavy Industrial Equipment Industrial Equipment • Manufacturer/Whsl-Elec. Equip. Motion Pictures & Equip. Office And Store Equipment Petroleum Products & Equip. Transportation Equipment Wholesale Trailers/Auto Parts • State Adjustments And Transfers 1,352,996 42,147 354,569 80,603 24,593 381,179 175,032 34,636 2,434 183,408 19,668 54,726 34,014 91.343 70,487 741 2,463 0 41,826 -20 22,500 5,701 0 69 0 -4,007 1,214 34 Total Sales All Outlets ; 1548,874 387,540 394,792 365,851 356,970 7536 6.528 8,584 7,008 121,068 102,112 110,861 103,830 25,191 27,560 24,986 25,502 -2.488 5,012 5,760 5.635 109,976 112,900 87,906 96,549 44,562 60581 41,885 47,079 8,911 8,771 9,872 10,394 680 564 585 602 50,635 53,201 49,789 43,384 7,335 6,024 5,410 4,542 14,133 11540 20,214 12,444 9.590 12.354 11,732 5.423 26,047 22,588 28.123 19,551 17,542 16,585 15,472 23.428 98 44 1,161 208 804 747 790 774 O 0 0 0 11,111 11,036 8,933 16,213 -7 -16 -17 32 5,942 5,277 4,735 6,132 240 160 503 528 O 0 0 0 16 19 10 0 O 0 0 0 -962 -968 -974 -981 300 286 330 521 O 0 0 0 440,718 446,320 421,179 405,372 1,505,153 29,656 437,870 103,240 13,919 407,331 194,107 37.949 2,431 197,008 23,311 58,331 152,157 -12,491 83,301 22,636 -10,674 26,152 19,075 3.313 -3 13,601 3,643 3,605 39,099 5.085 96,309 4,966 73,027 ! 2,540 1,511 , 771 3,116 653 O ! 0 47,292 i 5.466 -8 12 22,087 ; -413 1,431 ! -4,269 O 0 45 -24 O 0 -3,885 I 122 1,438 I 223 O ! -34 1,713,588 ! 164,714 417.653 433,007 420.577 415,548 7.328 7,591 9,673 7,163 128,423 128,629 137,411 137,344 26,075 30,215 30,730 29,336 4,617 5.787 5,300 5,967 127,085 128.230 104,925 115,573 44,426 51.467 48,966 48,215 11.083 7,924 10,552 10,147 499 676 595 371 49,097 52,951 56.353 37,574 5,497 6,081 5.567 4,890 13524 13,455 10,5(4 18,968 16,785 10,208 20,501 1 1,562 23,802 23,987 27.179 19,295 25,638 20,644 15,895 18,694 143 546 131 83 922 882 877 914 O 0 0 0 14,386 14,932 11,467 13,249 -10 -17 -17 2 6,430 4,407 3,121 4,696 1,828 478 946 379 O 0 0 0 O 0 0 5 O 0 0 0 1,483 -990 -994 -997 456 405 364 364 0 1,686,785 31.755 531,807 116,356 21,671 475,814 193,074 39.706 2,142 195,975 22,036 56,451 59,056 94,263 80,870 903 3.595 0 54,033 -42 18,654 3,631 0 5 0 -1,497 1,588 0 0 0 0 483,879 487,845 484,152 465,099 1,920,975 181,632 2,098 93,937 13,116 7,751 68,483 -1,033 1,757 -289 -1,034 -1,275 -1,880 19,957 -2,(46 7,843 -609 479 0 6,741 -34 -3,433 2,200 0 -40 0 2,388 151 0 207,386 483,054 8,184 171,906 32,312 5,48() 125,889 50,428 10,795 481 51,191 7,009 19,379 0 0 0 0 0 O (I 0 (I 0 0 (1 0 (1 0 0 0 0 0 0 0 O O 13,149 (1 (1 0 0 0 0 l) 0 0 0 0 O 0 0 0 19,531 (1 O 0 24.259 0 0 O 7 (1 0 0 I I I (1 (1 0 O 0 0 0 14574 0 0 0 86 (1 0 O 6,469 0 0 0 873 0 0 0 O 0 0 0 O 0 0 0 I 25 0 0 0 1,836 0 0 O 278 0 0 0 48 0 0 0 540,041 0 0 0 483,054 8,184 171,906 32,312 5,480 125,889 50,428 10,795 481 51,191 7,009 19,379 13,149 19,531 24,259 7 Ill 0 14.574 86 6,469 873 0 0 25 1,836 278 29% 26% 325 28% 25% 26% 26% 27% 22% 26% 32% 34% 22% 21% 30% I'2, 3% 0% 27% -206% 35% 24% 0% 0% 0% -123% 18% 48 0% 540,041 28% Percent Of Fiscal Year l Percent Of Fiscal Year Percent Of Fiscal Year Retail Group 1,352,996 Non -Store & Part Time Retailers 34,014 Business, Service, And Repair Group i 91,343 Manufacturers And Wholesalers Group 70,487 State Adjustments And Transfers 34 26% 26% 24% 24% 25% 32% 30% 14% 27% 23% 29% 20% 24% 23% 21% 32% 0% 0% 0% 0% 1,505,153 I 152,157 39,099 5,085 96,309 4,966 73,027 2,540 O i -34 25% 26% 25% 25% 28% 175 35% 20% 25% 25% 29% 20% 32% 26% 20% 23% 0% 0% 0% 0% 1,686,785 59,056 94.263 80,870 0 181,632 19,957 -2,046 7,843 0 100% 0% 0% 0% 100% 05 0% (1% 100% 0% 05 0% 100% 0% 0% 05 10(1% 0% 0% 0% 483.054 29% 13,149 22% 19,531 21% 24,259 30% 48 0% Point -Of -Sale County Pool State Pool 1,548,874 193,335 6,746 440,718 446,320 421,179 405,372 52,205 53,873 52,017 51,601 2,539 2,438 2,364 952 1,713,588 209,695 8,292 164,714 16,360 1,547 Gross Receipts 1,748,955 495,462 502,630 475,559 457,925 1,931,575 182,621 483.879 487,845 484,152 465,(199 59,861 58,138 58,767 45,689 1,027 219 2,173 1,223 544,767 546,202 545,092 512,0I1 1,920,975 222,456 4,642 2,148,072 207,386 12,761 -3,650 216,497 540,(41 0 65,997 0 4,634 0 0 0 0 0 0 0 540.(41 65,997 4,634 28% 305 I (81% 610,672 0 0 0 610,672 28% 910231517 HdL - CONFIDENTIAL INFORMATION - DO NOT COPY OR DISTRIBUTE WITHOUT AUTHORIZATION ATTA('HMFNT "C" NOV-08-99 MON 14:07 J�.LISSNER 310 3762287 P.01 Fj+C$1MXLE COVER SHEET • Total number of pages including this cover sheet 4 Date MON 11-8-99 Time To/Recipient Hermosa Beach City Council Fax number auto Voice phone number (310) 318-0216 Prom/ James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Sender: Fax number: (310) 376-2287 Voice number: (310) 376-4626 There is an answering machine on this line and it picks up after 5 rings. Message: FOR COUNCIL MEETING QF X1-9-29, ITEM 10, SALES TAX REPORTINQ Councilmembers: This responds to the HdL letter of 11-4-99 (copy attached). Numbered paragraph 1 notes concerns about confidentiality. Who would not agree? Confidentiality must be maintained. I have a suggestion as to how that can be accomplished while still providing a useful table - --v- - wherever it reflects the sales of just one or two businesses. (It also must be pointed out that in at least one of the reports you presently receive, and which has been in wide distribution, and which is attachment "B" to tonight's report, confidentiality has not been maintained, i.e., the "Top 25" list shows the sales for two categories, lumber and drug stores, in which there is just one merchant.) Numbered paragraph 2 notes that due to inaccurate coding of business type by the state, it might not be possible to rely upon trends indicated by a breakdown by restaurant type. It is submitted that since in the existing categories restaurants liquor, restaurants beer and wine, and fast food the reading of differential trends among the three has been made meaningless by the recent addition of many liquor licenses, the only useful information we can hope to have for each of the three is current sales within the existing geographic areas (with the important addition of a Plaza sub -area). The state should be asked to promptly correct their coding so that at least, restaurants will be in the right one of the three categories. What will likely result is that some restaurants will be SUPPLEMENTAL � o INFORMATION APNOV-08-99 MON 14:08 LISSNER 310 3762287 P.02 • shifted from the fast food (non -liquor) category to one of the two liquor categories. Nonetheless, after that re -coding and shift there will be no impairment of our current ability to trend, as the shift won't change the total number of premises that are lumped together in the single category Eating and Drinking Places on the existing report "Major Categories by Fiscal Year and Sales Quarters." Numbered paragraph 3 is essentially the same concern noted in paragraph 2. Summary Confidentiality will be maintained - and improved. Information will be produced that will be a very useful planning tool. No information or trending ability will be lost or skewed. The cost - $300 - is negligible. The new Plaza geographic sub -area can be added at no cost. Please move ahead and do these things. Important: The pages comprising this facsimile transmission contain confidential information from James Lisaner. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so that we may arrange to retrieve this transmission at no coat to you. NOV-08-99 MON 14:09 .LISSNER _.. CITY OF liiF.RML11y11 •+11 1t y: ( THU 17:51 FAX 310 372 8180 November 4. 1999 Viki Copeland Finance Director City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 1)ca.r 310 3762287 P.03 Y1I)()li :CINE Revenue Management for Local Govrrtunm Hinderlltcr. de llamas & Associate. HIL Caren &Coop HdL Sortwa' r,r,1 This is in response to your inquiry about developing reports for public consumption that would break out detailed restaurant categories by geographic area. Because of the relatively small size of Hermosa Beach's database, I do not believe that the idea would be practical. This .is because: 1. These very small geographic samples would just barely exceed the confidentiality -guidelines and will create confidentiality issues and questions in any quarter where a payment is late or that includes accounting adjustments, receivables, refunds or other aberrations, 7- The state's coding of businesses is not 100% accurate (a restaurant serving beer and wine might be miscoded as a fast food restaurant for example) and therefore, the trend line for a specific classification in a small sampling could easily be misconstrued. 3. The proposed samplings would be too small to provide an accurate economic trend in that, individual groupings this small tend to be skewed by even the slightest accounting adjustment, For a one-time programming fee of less than S300 I can have the geographic areas broken out by larger groups (fast food restaurants, restaurants serving bccr and wine, restaurants with liquor licenses, hotel/motels, clubs all lumped under "restaurants" for example). However, I am not sure that it would provide much more insight than the current analysis. 1340 Valley Vista Drive I Sults 200 I Dlamood Bar, CA t 91785 I 19091 881-4335 I rnt (909) 861-7726 www.hdlcompantes.eom I E-mail; ndlcompageartIlnk.het. I 18881 861 •f122Q NOV-08-99 MON 14:09 41H.LISSNER 310 3762287 j TUI' 17:52 FAX alu 372 c1ho CITY OF Htit)R)S lI: cll P.04 Regarding adding new catagories, we use the s Equalization, We can edit the data bO those provided by the State Board of but rarely add categories and only if we are going y moving eto uniformlyc Scharf aes from one category to another (breaking out auto leases for example), As a editing or odifyin , the entire states. webaso that as part of your service. Just send over the requested changes.modifying gG°Erapn1e areas, do Call it you have questions. LdL;dn 2 November 4, 1999 Honorable Mayor and Members of the Hermosa Beach City Council • 3/A--i2-c--(r-- Regular Meeting of November 9, 1999 PROPOSAL TO CONTRIBUTE TO THE PIER RENOVATION PROJECT AND PLACE A PERMANENT PLAQUE AND ACKNOWLEDGEMENT AT THE FOOT OF THE PIER Recommendation: 1. That the City Council approve the placement of a permanent acknowledgement and memorial plaque in recognition of a single contribution for the project. 2. That the City Manager be directed to work with the representative of the donor to work out the details of the gift. Background: I have had discussions with a longtime resident who would like to make a substantial single contribution towards the Pier renovations. In recognition of the gift, a permanent plaque acknowledging the donor in memory of another would be placed at the foot of the Pier. The plaque would be on a pedestal and made form the same materials as the Pier project. If the City Council is willing to accept the gift and provide for the recognition, staff should be directed to work with the donor's representative. Res. ectfully submitted, Stephen R. Burrell City Manager 111a r r i 1 1 2 3 4 5 6 7 8 19 10 s 1 r 1 t 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHARLES A. GOLDWASSER (State Bar No. 61298) COREY W.GLAVE (State Bar No. 164746) 5670 Wilshire Boulevard, Suite 2420 Los Angeles CA 90036-5615 Phone: (323) 964-7100 Fax: (323) 964-7107 Attorneys for Corey and Sharon Glave BEFORE THE HERMOSA BEACH CITY COUNCIL IN THE MATTER OF THE DENIAL ) OF A PERMIT FOR 3 DOGS ) HEARING BRIEF OF COREY AND COREY AND SHARON GLAVE ) SHARON GLAVE; EVIDENCE IN SUPPORT OF GRANTING PERMIT Appellants ) -1- Jo_ am is is in am me um a is um in i_ mos no MI September 20, 1999 City of2iermosa l�ead� Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Charles A Goldwasser - Law Offices 5670 Wilshire Boulevard Suite 2420 Los Angeles, Ca 90036-5615 Dear Sir or Madam: In response to your request for public records, dated September 14, 1999, from the Hermosa Beach Police Department The Hermosa Beach Police Department has no record of any reported cases or complaints regarding your client, Corey Glave. There is also no record of complaints or reports regarding the dogs living at 1042 2"d Street, Hermosa Beach California. Sincerely, Ruth Miller Records Manager IOW sid SW WA MS ON MI as sr ass ass so us Ns No Iss 1 1 r • 1 1 w 1 r t 1 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 CHARLES A. GOLDWASSER (State Bar No. 61298) COREY W.GLAVE (State Bar No. 164746) 5670 Wilshire Boulevard, Suite 2420 Los Angeles CA 90036-5615 Phone: (323) 964-7100 Fax: (323) 964-7107 Attorneys for Corey and Sharon Glave BEFORE THE HERMOSA BEACH CITY COUNCIL IN THE MATTER OF THE DENIAL ) OF A PERMIT FOR 3 DOGS ) HEARING BRIEF OF COREY AND ) SHARON GLAVE; EVIDENCE IN COREY AND SHARON GLAVE ) SUPPORT OF GRANTING PERMIT Appellants ) ) INTRODUCTION Corey and Sharon Glave appeal from Hermosa Beach Animal Control's denial of their application to keep their three dogs. In March of 1992, prior to getting married, Corey purchased a pure breed, golden retriever puppy ("Gator") for Sharon as a birthday present. Likewise, In June of that same year, Sharon purchased a second golden retriever ("Taz") as a birthday gift for Corey. In October 1993, Sharon and Corey were married. In December 1997, Sharon adopted a German Shepard puppy ("L.G.") who had been rescued after being abandoned. Gator and Taz have been licensed with the City of Hermosa Beach since 1992 and L.G. has been licensed with the City since 1998. The City again issued licenses for each dog in October 1999. Since L.G. was adopted in December 1997, there have been no recorded complaints about the number of dogs at the Glave's residence or about any barking problems emanating from that residence (See Exhibit 1) The Glave family, out of an abundance of caution, filed an application for a permit to keep their three dogs. The application was denied and this appeal followed. -1- MIN 110 WO 11.6 dell MO MO MIN Mt Olt 11111. 11111 411M1 MB en 1 1 1 1 1 t r 1 1 1 1 1 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 I26 27 28 acknowledged: In a letter to Corey Glave from Chief of Police Straser, the following was In the last ten years, there has been only one written complaint specific to the Glave dogs and the only person to make verbal complaints was Roger Creighton (See Exhibit 14(A) and Exhibit 20(A); Exhibit 14(C)and Exhibit 20(C))' Only one person has complained about 3 dogs living at the Glave residence. (Exhibit 14(D) and Exhibit 20(D) The only report or memorandum (whether handwritten or typed) by an animal control officer for the City of Hermosa Beach documenting investigations, complaints or communications regarding the Glave dogs for the last ten years is a March 1999 memorandum to Lt. Mark Wright from Community Resource Officer Balvin; attached hereto as Exhibit 2 (See Exhibit 14(E), (F) and (G) and Exhibit 20(E), (F) and (G)). There is not a single document, report, note or memorandum from an Animal Control Officer or Community Service Officer regarding complaints, investigations, surveillance or contacts made regarding the animals located at 1042 2' Street, Hermosa Beach, California, for the last 10 years. (Exhibit 14(W) and (X)and Exhibit 20(W) and (X)) 'The letters identifies the specific request made in Exhibit 14 and the corresponding response in Exhibit 20 -2- NO MN On all OS MIN MB UN Milt OR NMI AN Ile ON IMM Ile IIIIII 1 r 1 1 1 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 STATEMENT OF FACTS In March of 1992, prior to getting married, Corey purchased a pure breed, golden retriever puppy ("Gator") for Sharon for her birthday. In June of that same year, Sharon purchased a second golden retriever ("Taz") as a birthday gift for Corey. In October 1993, Corey and Sharon were married. In 1994, Roger Creighton began complaining about barking dogs at the Glave's residence. The Glaves denied that their dogs were barking excessively, but at the time the Glave's next door neighbor was allowing two other dogs to jump the wall separating the residences. These two dogs would join the dog at 1036 2nd Street (property owned by Eleanor Downs) in barking. Animal Control conducted an Animal Nuisance Survey to see if any of the neighbors had a problem with the two dogs owned by the Corey and Sharon. Of all the surveys distributed, only one person responded that there was a problem with the Glaves' dogs. At least one survey, while stating that there was no problem with the Glave's dogs, did state that the problem dog was the one on the Down's property (See Exhibit 17). Ten other surveys were returned indicating that no problem existed or identified dogs at other locations. Animal Control officers further informed the Glaves that every time Animal Control went by their house the dogs were quiet. Finally, the Glaves were informed that Chief Straser had instructed Animal Control to keep on it and to issue a cite if a problem was seen. Animal Control Officer Balvin then, coincidently, issued a citation to the Glaves for excessive barking but when questioned by Corey changed his story as to what he had observed. The Glaves determined that Balvin was either mistaken or untruthful in his version of events and challenged the citation. During court proceedings, City Prosecutor Meersand indicated to the handling judge that he had no evidence of excessive barking and dismissed the citation in the interest of justice.' To help alleviate any problem that might of existed, the Glaves added a wooden fence to the existing block wall and put up solid wood gates where a wire gate had been 'The Police Department has indicated that the 1994 incident was not relevant to these proceedings. (See Exhibit 14(H) and Exhibit 20(H)) -3- EN NO NMI NMI MI MN NU INA 1011 MN ON NO MR ON NIII NI 1 1 1 1 t 1 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 previously. There are no other reports of complaints of excessive barking made against the Glave family or their animals since 1994 (See Exhibit 1). In December 1997, Sharon adopted a German Shepard puppy ("L.G.") who had been rescued after being abandoned. All three dogs presently live at the Glaves' residence at 1042 2nd Street, Hermosa Beach, California. Gator and Taz have been licensed with the City of Hermosa Beach since 1992 and L.G. has been licensed with the City since 1998. All three dogs were again issued licenses in October 1999. Since adopting L.G. in December 1997, there have been no recorded complaints about the number of dogs at the Glave's residence or regarding any barking problem emanating from that residence except Ms. Downs. (See Exhibit 1) In March of this year, while investigating a complaint from Roger Creighton about a dog that was barking from a sundeck at a purple house on Barney Court' (See Exhibit 2), Animal Control Supervisor Balvin sent a letter to Mr. Glave stating that the City animal licensing records indicated that he had three dogs and that Mr. Glave must apply for a permit or be subject to citation (See Exhibit 3 and 11). On June 7, 1999, out of an abundance of caution, Corey and Sharon filed an application for a permit to keep their 3 dogs. Attached to the application were twenty-two (22) written statements indicating that the neighbor in the immediate vicinity of the Glaves' residence did not oppose the City issuing a permit allowing the Glave to continue to have three dogs and stating that the dogs do not bark excessively (See Exhibit 4) Additional declarations from neighbors and former neighbors are submitted with this appeal (See Exhibit 19 and 21) The City of Hermosa Beach posted at least a dozen public signs inviting interested parties to submit written comments about the application. The signs were posted on 1st Street, 1 st Place, 2nd Street, 3rd Street, Hollowell, Hopkins, and Barney Court Even though the area of the sign posting included over two hundred homes, the City received only two negative comments 3The Glave's residence is a single story home located on a double lot with an one thousand square foot house and a detached garage. It does not have a sundeck and Roger Creighton is aware of the types and descriptions of the Glave dogs. -4- UM WO MI M 1111 a all MI N S MI Mill MN MI MS 11111 NM MO all N 1 i t 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I21 22 23 24 25 26 27 28 and one of those just generally objected to any more dogs being located in his neighbor hood (See Exhibit 5) After receiving only two negative responses, Animal Control Supervisor Balvin distributed an unknown number of "Household Pet Permit Surveys". The City received six responses. Three responses, including one from a next door neighbor and one from a man living directly across the street, were positive in that they indicated that these respondents have not experienced any animal related problems with the Glave's dogs.' The negative responses included a survey submitted from the same person submitting negative comments in response to the public hearing signs (Ms. Downs) and one person who had previously signed a form indicating that the dogs do not bark excessively (See Exhibit 6, 18). The final negative response was from a woman who lives close to 75 yards away from the Glaves and she only opposes the obtaining an "additional" (fourth) dog (See Exhibit 6). Roger Creighton, the person originally complaining about barking dogs did not submit any negative comments about the Glave's dogs or file any opposition to their application for a permit.' Every household within two hundred feet of the Glaves' residence, with the exception of Ms. Downs and Mr. Hampel, have indicated that they do not believe there the three dogs owned by the Glaves bark excessively and do not oppose a permit being issued allowing the dogs to remain. (See Exhibits 4, 6, 17, 18, and 19) On July 30, 1999, even though they were not required to do so, the Glave family voluntarily submitted to a health inspection by the County of Los Angeles, Department of Health Services. The Environmental Health Specialist found the premises to be in a clean and sanitary condition (See Exhibit 7). During the application and review process, not one Animal Control Officer or Supervisor ever contacted or spoke to either Corey or Sharon. Even with all the above evidence supporting the granting of a permit, Balvin 'Gary Clark clarified his survey when he was informed that Chief Straser was claiming that his survey constituted a complaint. See Exhibit 18) 'Creighton lives on 3`d Street within the area the public hearing signs were posted -5- as as as an En — — an — as me as am .i s as as 1 1 1 1 1 1 1 1 1 1 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 denied the permit (See Exhibit 8). A request was made for copies of all materials upon which the decision to deny the application was based. (See Exhibit 9). At the same time, a public records request was made (See Exhibit 10). Balvin did not respond to the request for materials, but the Police Department responded, partially, to the public records request. The Police Department's response included Exhibit 1, copies of Exhibits 2, 5, 6, 7, and a copy of the administrative hearing recommendation (See Exhibit 11) It should be noted that the basis of Chief of Police Straser's recommendation significantly differs from that of Balvin. On September 23, 1999, Corey and Sharon Glave timely filed an appeal of the denial of their application for a permit to keep all three dogs (Exhibit 12). At the time of filing the appeal, the City Clerk's office learned that the computer finance code for such an appeal has never been used prior to the Glave's appeal. On October 26, 1999, a second request was sent to Balvin request copies of the documents supporting his decision to deny the permit (Exhibit 13) and a second request for public records was also made to Chief Straser (Exhibit 14). On November 3, 1999, Chief Straser and Balvin, in a peculiar move that demonstrates how the two had become personally involved in the denial of the permit, personally serve on Sharon Glave a November 2, 1999, Notice of Public Hearing related to this City Council Hearing (See Exhibit 15) The notice indicated that the a copy of the staff report would be available on November 4, 1999; giving only two business days to prepare for the hearing. On November 5, 1999, Balvin finally provided a response to the two requests from the Glaves for copies of the documents supporting his denial of the application for a permit (See Exhibit 16). Additionally, he personally delivered the remaining documents responsive to the two previous public records act request; in excess of 650 pages (Exhibit 20). A review of Straser's response to the second request for public records revealed that: In the last ten years, there has only one written complaint specific to the Glave dogs and the only person to make verbal complaints was Roger Creighton.(See Exhibit 14(A) and (C); Exhibit 20(A) and (C) -6- MS r ON E G NM- r N M M MB I M NM r U 1 1 1 2 3 4 5 6 7 8 19 10 1 1 1 1 1 1 1 1 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No one but Ms. Downs complained about 3 dogs living at the Glave residence. (Exhibit 14(D) and Exhibit 20(D)) The only report or memoranda (whether handwritten or typed) by any animal control officer for the City of Hermosa Beach regarding investigations, complaints or communications regarding the Glave dogs for the last ten year in Balvin's memorandum to Lt. Mark Wright (See Exhibit 14(E), (F) and (G) and Exhibit 20(E),(F) and (G) referring to Exhibit 2). In the last seven years, there has been 17 applications made to the City of Hermosa Beach for permits to keep more than two household pets (Exhibit 14(U) and Exhibit 20(U)). Based on contact with those applicants (who could be reached), based on the city's computer system, and based on this being the first time the City Council has handled such an appeal, no other applications have been denied prior to the Glaves' application. A review of the 650 copies of all patrol logs for Animal Control Officers and Community Service Officers for the period of April 8 1999 to September 8, 1999 shows that there is not one negative report or complaint about the Glaves' dogs or any evidence whatsoever that the dogs bark excessively. (Exhibit 14(V) and Exhibit 20(V)) There is not a single document, report, note or memorandum from an Animal Control Officer or Community Service Officer regarding complaints, investigations, surveillances or contacts made regarding the animals located at 1042 2nd Street, Hermosa Beach, California, for the last 10 years. (Exhibit 14(W) and (X)and Exhibit 20(W) and (X)) -7- ■s r M MS r E— MI OM M i r r all MO E M N IIIII 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 In the last seven years, there has been 17 applications made to the City of Hermosa Beach for permits to keep more than two household pets (Exhibit 14(U) and Exhibit 20(U)). Based on contact with those applicants (who could be reached), based on the city's computer system, and based on this being the first time the City Council has handled such an appeal, no other applications have been denied prior to the Glaves' application. This matter now comes before this honorable Council. Corey and Sharon Glave hereby request that the Hermosa Beach City Council either grant them a permit to have more than two household pets or, in the alternative, to find that the Glaves are not required to have a permit under the law. ARGUMENT A. A PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT THERE IS NO CAUSE TO DENY THE PERMIT TO KEEP THREE DOGS. As discussed above, every household within approximately two hundred feet of the Glave residence either support or do not oppose the granting of a permit allowing them to keep their three dogs. (Exhibits 4, 18, 19) The only objections to the granting of a permit came from Eleanor Downs, Waldemar Hampel and Tamra Glaser. Ms. Downs claims that the dogs bark excessively on a daily basis for one and one half years. She also claims that the owners are gone for days and/or days at a time and the dogs are left in the yard. Finally, she claims that the yard smells like a pig pen. Ms. Downs is simply wrong about her assertions. First, from December 1998, to March 1999, Sharon was off work during her pregnancy and subsequent birth of Logan Glave. When she did go back to work, she was home almost every Monday and three out of four Fridays a month. Corey Glave works out of the -8- MID Wr NM -- r Mr UM N- MI- r MN MO E MI 1 O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 home on a regular basis. Since March of this year, he worked out of the house on an average of 1 to 3 times a week. At no time while the Glaves were home was there ever a problem with excessive barking. Additionally, the Glaves have a woman come in once a week to help clean their house. This person has never observed the dogs bark excessively or for long periods of time (See Exhibit 22). In addition to the three positive surveys the City received, the Glaves have submitted twenty three statements and two declarations of immediate neighbors all stating that the dogs do not bark excessively. Furthermore, Ms. Downs regularly worked during the day. She would leave her house before 8:00 a.m. and arrive home after 4:00 p.m. During the month of October 1999, Corey Glave charted when she came and went and documented notable events. He also composed a list of all barking that occurred during on twenty four hour period. During that twenty for hour period, the three dogs barked for a combined total of 117 seconds, or just under two minutes. (See Glave Declaration) It is not unsurprising that Ms. Downs cannot identify any specific day that the excessive barking allegedly occurred. There is absolutely no evidence that any of the three dogs ever barked excessively. Secondly, there has not been one occasion when any of the dogs have been locked out of the Glaves' house overnight. There has been a total of no more than 6 or 7 times from December 1997 to October 1999, that both Corey and Sharon have been away from home overnight at the same time. When they were away, the dogs had access to the house via a dog door and one of the neighbors or a family member would come over to feed the dogs and/or stay with them at the house. The only time that both Sharon and Corey were gone for more than a day (once they were gone for two days) Ms. Downs was also out of town. Next, the Glaves keep their yard in a clean and sanitary condition and no offensive odor has emanated from the yard (See Exhibits 7, 21 and Glaves' declaration). They clean up after the dogs on a daily basis with limited exceptions where it might be two days. Finally, any barking the dogs have done directly at Ms. Downs is the result of her taunting and teasing the dogs through the fence separating the property. Both Caryn Nauert and Naomi Lundy have signed sworn declarations that they have witnessed Ms. Downs hitting the fence by the dogs, teasing them, egging them on and verbally abusing the dogs (See Exhibits 21 -9- - M' N- - N NM r i 1- M- NM EN- MI E 1 1 2 3 4 5 6 7 1 8 9 10 1 1 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and 23) Both Corey and Sharon Glave have witnessed similar behavior (See Glave Declaration). When Ms. Downs was confronted about her actions towards the dogs, she did not deny the behavior, but simply inferred that no witnesses existed. Mr. Hampel's objection was not specific to any conduct by the Glaves' dogs but was a general complaint about excessive barking in his neighborhood. It does not appear from his letter if Mr. Hampel is aware that the Glaves have had the three dogs since December 1997. Ms. Glacer writes that she has experience loud, reactive, indiscriminate barking from the dogs since July 1997, and that the barking occurs when she walks in front of the property on the public street or sidewalk. Ms. Glacer lives on 1St Place, up the hill from the Glaves and approximately 75 yards away. She can neither see any activity that takes place on 2nd Street or on Barney Court which are adjacent streets to the Glaves' yards. As there is no sidewalk directly behind the Glaves' house on 1St Place, the closest sidewalk would be across the street. (See Photo Exhibit 24) It is a little unreasonable to believe that a grown adult would be scared by dogs, that are behind a brick wall and wood fence, that bark from across a wide street. If it was indeed a problem, one would expect that she would have contacted either the dogs owners or Animal Control. She did not do either. Finally, the City of Hermosa Beach has tacitly approved the Glaves keeping three dogs as they licensed all three dogs in October 1998 and October 1999. B. REASONS FOR DENYING PERMIT ARE FALSE AND MISLEADING Balvin's reason for denying the application to keep the three dogs was based on a past problem with barking and that our dogs bark at one of our neighbors even though the dogs should be familiar with the neighbor. He also stated that he observed our dogs barking at the neighbor while she was standing in her yard (See Exhibit 8). Chief Straser denial of the application was based on complaints of excessive barking from the Glaves' residence, a May 10, 1999, letter to the Glaves from Ken Meersand and that all the surveys and letters of objection cited a barking problem at the Glaves' residence. (Exhibit 24 These assertions are false and/or misrepresentations of the facts. -10- N s 1 i- -- -- MN s NM- r- i 1- E 1 1 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 First, there is no history of past problems with the Glave dogs barking. The Hermosa Beach Police Department has not records of any complaints or reports regarding the dogs living at 1042 2"d Street, Hermosa Beach, California. (See Exhibit 1). There also is not a single document, report, note or memoranda from any Animal Control Officers and/or Community Service Officers regarding complaints, investigations, surveillance and/or contacts made regarding the animals located at 1042 2' Street, Hermosa Beach, California, for the last 10 years. (Exhibit 14(W) and (X) and Exhibit 20(W) and (X)) In the last ten years, there has only one written complaint specific to the Glave dogs (from Ms. Downs) and the only person to make verbal complaints was Roger Creighton.(See Exhibit 14(A) and Exhibit 20(A); Exhibit 14(C)and Exhibit 20(C)) Even though the Glaves' were cited in 1994, the citation was dismissed by the City Prosecutor for lack of evidence. The Glaves were able to determine that Balvin had mistaken the facts or lied about what he claimed to have observed. The Police Department has acknowledged that the 1994 incident was irrelevant to these proceedings (See Exhibit 14 (H) and Exhibit 20(H)). Additionally, it should be noted that Evidence Code Section 1101 would make incidents occurring over five years prior irrelevant due to being too remote in time. Secondly, the one barking dog complaint referred to by both Balvin and Straser is the March 29, 1999, complaint from Roger Creighton who lives on 3`d Street (See Exhibit 2 and 11). Contrary to Chief Straser's assertions, Creighton did not complaint about the Glaves' dogs, but other dogs in that same vicinity that were barking from a sundeck two street away. When the area was patrolled, including the area of the Glaves' residence, no evidence of excessive barking was found (See Exhibit 2 and 25). Furthermore, Creighton was complaining about barking during a specific time of the day when the Glaves' dogs would be locked inside the house. Next, Balvin claims that, while on patrolling for barking complaints (even though there is not mention of such activity in over 650 pages of patrol logs), he personally observed a dog barking at Ms. Downs. A review of the photographs of the Glaves' and Ms. Down's yard would show that he could have possibly seen the dog that was barking, if one was (Photo Exhibit �. Additionally, if he was simply driving by on patrol, then there would be no way for him to -11- r— M— S MS MN— all M M M r I— EN MI MN EN 1 1 1 1 1 1 1 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 know what provoked the dog into barking. As mentioned above, Ms. Downs has been seen by Corey, Sharon and two independent witnesses hitting the fence, teasing the dogs, egging them one and verbally abusing the dogs. Since Balvin never spoke to the Glaves, he was unaware of Ms. Down's actions towards the dogs. As Balvin may be a long time family friend of the Downs, and is on a first name basis with Ms. Downs, his statements may be biased. There simply is not evidence before this honorable Council that shows that the Glave dogs inhibit any neighbor from enjoying the use of it yard. To the contrary, Ms. Nauret and Mr. Baldwin indicated in their declarations that the dogs were appreciated and in no way hampered the use of their to residences, respectively (See Exhibits 19 and 21). In fact, Mr. Baldwin has only lived next to the Glaves since the beginning of Summer, he and his roommates have had numerous parties with friends over and has never experienced any barking problem from the three dogs (See Exhibit 19). Chief Straser also refers to a May 10, 1999, letter purportedly sent to Mr. Glave from Mr. Meersand. The truth is that the letter was an unsigned form letter that was sent out by Balvin (See Exhibit 26). Mr. Meersand did not know the letter was being sent out and was unaware of any circumstance leading up to the letter being sent out. (Glave Declaration). The letter itself indicates that there was not an investigation pending. Either there was an error in the letter or Balvin misrepresented facts again. Chief Straser failed to disclose that the Glaves did respond to the form letter (See Exhibit 27) Next, Chief Straser states in his recommendation that after the neighborhood survey was conducted "additional citizen letters objected to the City granting the permit." The only letters that were received are the two discussed above. He further stated that the letters cited "barking problems at the residence." This too is not true. Only Ms. Downs claimed that there was a barking problem at the residence. Mr. Hampel complained about barking in his neighborhood in general and did not claim it was from the Glaves' residence (See Exhibit 5) Finally, Chief Straser states that the City responded to the September 14, 1999, public records act and "submitted documents available." This is not true. Chief Straser only partially responded to the September 14, 1999, letter. It was after a second request was made (for the exact same information)(Exhibit 14) that over 650 pages of documents were turned over two -12- 11111 MR i M i - I MI - MI i NS! i i 11111 1 r 1 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 business days before this hearing (Exhibit 20). As one can easily see, there is no legitimate basis for the City to deny the Glaves' application to keep the three dogs that they currently have. C. THE CURRENT LAW IS UNREASONABLE AND UNCONSTITUTIONAL Not only do the Glaves have an interest in the continued use of their real property, California courts have held that a dog is considered property of the owner. (Roos v. Loeser (1919) 41 Cal.App. 782; People v. Fimbres (1930) 107 Cal.App. 778; People v. Sadowski, (1984) 155 Cal.App.3d 332. In fact, the Court's have recognized dogs to be sole and separate property of a married person, thus, giving complete control of the dog to one individual. Mears v. Mears, (Cal.App. 1 Dist. 1960) 180 Cal.App.2d 484. Consequently, the Glaves have a right or property interest in all three dogs (especially after possessing the dogs for a period of approximately two to seven years), and Gator is the sole, separate property of Sharon and Taz is the sole and separate property of Corey. L.G. would be the joint property of both Corey and Sharon. Combine the property right of possessing the three dogs to the right to use their property as they desire, the Glaves' have a valid interest in using their property free from unreasonable or arbitrary governmental interference. (See Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Ca1.4th 533, 551-552; McKay Jewelers, Inc. v. Bowron (1942) 19 Ca1.2d 595; Mohilef v. Janovici, (1996) 51 Cal.App.4th 267. California Constitution, article I, section 1 states: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." To impose restrictions on the use of a person's property, there must be a compelling interest in establishing and enforcing said restrictions. 1. Restriction is Unreasonable. An ordinance cannot lawfully be applied to restrict a use if to do so is arbitrary and unreasonable, bears no reasonable relationship to the regional welfare, or deprives the landowner of the use of his or her property. (See Arnel Development Co. v. City of Costa Mesa -13- Ns NB 1 In i M--- r s N i-- i— MI NE 1 I 1 1 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 (1980) 28 Ca1.3d 511, 521). Hermosa Beach Municipal Code Section 6.04.040 restricts the number of household pet to two. Household pets are defined to include dogs, cats, canaries, parrots and other similar animals. (Municipal Code Section 6.04.010) No other similarly situated community or city has a two animal restriction (See Exhibit 28). Manhattan Beach allows up to five domestic animals (all 5 could be dogs) as do the cities of Ventura and Pasadena; Laguna Nigel, Rancho Palos Verdes and the City of Ontario allows for up to 6 domestic animals; Costa Mesa and Beverly Hills allows for 4 animals without a permit6; Redondo Beach, Lomita, Newport Beach and El Segundo all allows for at least 3 dogs and a request can be made for a permit to have more animals. Many of these cities have the same density problem, if not worse, as Hermosa Beach. Hermosa Beach's restrictions clearly unreasonable. It should also be noted that the property next door to the Glaves have two homes on the same size lot as the Glaves. Under the Animal Control's interpretation of the law, they would be allowed twice as many animals on the same size piece of property. 2. Procedures Are Invalid As They Deny Applicants Due Process Procedural due process imposes constraints on governmental decisions depriving individuals of liberty or property interests. (Mathews v. Eldridge (1976) 424 U.S. 319, 332; Isbell v. County of Sonoma (1978) 21 Ca1.3d 61, 68) Principles of due process apply to all takings of non de minimus property, including such disparate objects as farm animals (Carrera, 63 Cal.App.3d 721), or a tortoise (Jett v. Municipal Court (1986) 177 Cal.App.3d 664, 668). Dogs, being personal property and having economic value, are also included within its reach. ( Civ.Code, § 655; Pen.Code, § 491; Johnson v. McConnell (1889) 80 Cal. 545, 548-549; People v. Sadowski (1984) 155 Cal.App.3d 332, 335; Roos v. Loeser (1919) 41 Cal.App. 782, 785.) Aside from their economic value, however, it is equally true that there are no other domestic animals to which the owner or his family can become more strongly attached, or the loss of which will be more keenly felt (see Johnson, supra, at p. 549), unless the animal is a cat, to which 6Beverly Hill also allows six cats in addition to the dogs -14- MN IIII all N O IIIIIII = MO E IIIIII MN IIIIII M E I MN E MI UM r 1 2 3 4 5 6 7 1 8 19 10 I11 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 many people have equally strong attachments, but the Courts reluctantly agree that the word "owner" is inappropriate. (See also Eliot, T.S., Old Possum's Book of Practical Cats (1939).) In this matter, Animal Control, the administrative agency, obtain statements from neighbors, but did not speak with Corey or Sharon Glave. Animal Control also did not provide the Glaves with an opportunity to respond to any negative comments prior to denying their application for a permit. Furthermore, when the denial was made, Animal Control failed to disclose any information to the Glaves until just days prior to the matter being heard by the City Council. When a vested right is involved, due process requires that the parties be given notice of a hearing, the materials upon which the decision was based, time to prepare a response and the opportunity to respond. Animal Control failed to take any of the above actions. 3. Law Fails To Establish Set Standards The Hermosa Beach Municipal Code does not set forth any guidelines or standard for which the administrative agency is to base their decision on whether to grant or deny a permit to keep three dogs. The process is open to abuses by Animal Control officers, or for that matter the Chief of Police, to deny a permit because of personal relationships with people who oppose the issuance of a permit or because there is personal/professional animosity towards the person seeking the permit. It is this exact type of arbitrary process that the law prohibits. D. UNDER THE LAW, AS WRITTEN, NO PERMIT IS REQUIRED The law, as applied to the Glave family, is unconstitutional and doesn't require the Glaves to obtain a permit. The law restricts the number of dogs (2) each person can keep or maintain; restricts the number of dogs (2) per dwelling unit; and only requires that an application for a permit be made, not obtained. (See Section 6.04.040) The law defines the term person to be an individual who has certain legal rights. (Barron's Law Dictionary (1984); see also HBMC § 1.04.020) Currently, under the law of California, there are three individuals or persons living at 1042 2nd Street (Corey, Sharon and Logan) -15- i!- N n N MS i M M M ON N N N- E ION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Next, specifically in relationship to the number of dogs the Glaves are allowed, the Glaves' detached garage should be considered a dwelling because it is a place where mementos and other personal items are kept and is an integral part of the property. Also, during the day, the dogs are allowed access to the garage for food and shelter. In fact the law has recognized that a garage may be considered a dwelling. People v. Thomas, (1991) 235 Cal.App.3d 899, 1 Cal.Rptr.2d 434, 436-437; People v. Bruce (1975) 49 Cal.App.3d 580, 585-587, 122 Cal.Rptr. 648; People v. Shields (1965) 232 Cal.App.2d 716, 721, 43 Cal.Rptr. 188. Based on the above, in combination with the fact that the Glave residence is located on a double lot, it only makes sense that the garage would be considered a dwelling for the purposed of this case. This interpretation is even more reasonable when one considers that the property next door to the Glaves has two homes on the same size lot of land. There is less open space for animal to live, but under the Animal Control's interpretation of the law, they would be allowed twice as many animals. Finally, the law only requires that an application be made and a fee paid. The law does not require that a permit actually be obtained. (See HBMC §6.04.040 and §6.04.060) There is no legitimate or rational basis, let alone a compelling interest, to restrict the Glaves from keeping their three dogs. The dogs are not a nuisance, they are not vicious, have not threatened or endangered the lives or property of any person. There is no health or safety issue with the dogs. Based on the facts of the case, there is no reason why the Glave family cannot use their property in the manner that they have for the last two years. // // // // // // // -16- MN- I NM MN E r-- UM N M 1=- i-- MI 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 1 CONCLUSION A California Supreme Court Justice noted that, "Throughout the ages, art and literature, as well as mythology, depict humans in all walks of life and social strata with cats and dogs, illustrating their widespread acceptance in everyday life. Some religions have even incorporated them into their worship. Dogs and cats are also admired for the purity of their character traits. Closer to home, our own culture is populated with examples of the well-established place pets have found in our hearts and homes." Based on the above arguments and attached evidence, the Glave family respectfully requests that the Hermosa Beach City Council grant them a permit to keep more than two household pets and allow them to keep their three dogs Gator, Taz and L.G. In the alternative, the City Council is hereby requests to make a determination that, under the facts specific to this case, the Glaves are not required under the law to obtain a permit. Respectfully submitted, Dated November 8, 1999 LAW OFFICES OF CHARLES A. GOLDWASSER j_4 By: Corey W. Gl ve -17- NM NM M MINI- M I = IIIMI OM 411 N E I NM - - N rNom um NE In i En no m — — me ma E. Es m r Exhibit 1. September 20, 1999 City of 2lermosa rl3each_ Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Charles A Goldwasser - Law Offices 5670 Wilshire Boulevard Suite 2420 Los Angeles, Ca 90036-5615 Dear Sir or Madam: h response to your request for public records, dated September 14, 1999, from the Hermosa Beath Police Department The Hermosa Beach Police Department has no record of any reported cases or complaints regarding your client, Corey Glave. There is also no record of complaints or reports regarding the dogs living at 1042 2nd Street, Hermosa Beach California. Sincerely, iscev,-)47-e-eft, Ruth Miller Records Manager Oil I NS r :N Me— a r E OR I M M AM MO MI OM— I MN— MN 1— O r MS —— r— r NM r NM Exhibit 2. t t i t 1 HERMOSA BEACH POLICE DEPARTMENT COMMUNITY SERVICES DIVISION MEMO Date: 3/31/99 To: Lieutenant Mark Wright From: Field Supervisor Balvin Subject: Creighton 415D Complaint On 3/29 when I got the complaint I went to Creightons' residence to speak with him. He was not at his residence at 1070 3rd street. I drove around the corner to the 1000 blk of 2nd street to observe any barking I could hear. In the past the barking complaint was on the north side of 1st place and the south side of 2nd place in the 1000 blk. It is also in the specific vicinity of the intersection of Barney Court and 1st place. I did hear some barking but couldn't locate the source. I left a business card and the 415D packet. When we spoke to Mr. Creighton on 3/30 he gave me a whole history of barking in the area. It was hard to follow his direction partly because during the time we were trying to establish the location of the dog he referred to Bonnie Brae. Finally I realized he was talking .about Barney Ct. He gave me the impression that it was coming from the corner of Barney Court and 1st place. He indicated that the barking occurred mostly in the mornings between 7:30 and 8:00 am from a sundeck on a purple house at Barney Court and 1st place. He also mentioned that someone in the area was allowing their dog to wander at large and eventually call it back to his residence. I told him I would patrol the area during that time period and observe for the various violations. On 3/31 I went to the area and patrolled for information. I went there at approximately 06:30 hours and observed no barking or dogs at large. I went back about 07:30 and then again at 08:30 hrs. When I went back at 08:30 Mr. Creighton was in his garage and I stopped to speak with him. He said that he didn't realize I worked on Sundays and that that was when the worst barking had been. He also said that he had spoken with the people and they apparently hadn't taken him seriously. I went to the location again and saw a Mr N- D OM a- MI WO- MN AM OM OM r N UN MI MI Few houses with decks but none that looked like the color purple. I found two dogs licensed on Barney Ct. but neither answers the description of the dog. I will be doing follow up as I get more information. CC: file 1 - r fs--- OM MSI - MS i I MS s I r MI am us as um r as sin so so as ow als sie so as re EN us 1 Exhibit 3. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t f 1 t 1 t t t 1 t - City of2iermosa rl3eacl.) Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 HERMOSA BEACH POLICE DEPARTMENT Dear Mr. Glave, COMMUNITY SERVICES DIVISION May 26, 1999 According to City animal licensing records you have three dogs. Municipal code section 6.04.040 states that it is unlawful to keep more than two household pets without a Household Pet Permit. Please apply for a permit at City Hall room 101 within 7 days or you will be subject to citation. Please direct any inquiries regarding this matter to the Community Services Supervisor of Animal Control. 318-0215 Sincerely, - Vince Balvin Community Services Supervisor muni.doc OW WI WIS NW I OW OW WIN WI OW OW WO - ' OW WO WI OW OW we r me as am ea sr am as us me Nam ma am ma r Exhibit 4. 1 1 i 1 1 1 1 1 1 1 1 1 City of 5ct'mosn caeh application for permit to keep non -household animals or more than two household pets (the term non -household animals include birds, poultry, reptiles, bees and other insects) Name: Corey W. Glave and Sharon Lundy -Glave Address:1 042 2nd Street City/State/Zip: Hermosa Beach, CA 90254 Telephone: 31 0-379-0065 1. The number and general description of all animals for which this permit is requested: One (1) gray and black shephard mix dog 2. Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the same as the applicant listed above: sarno as above 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): Owner 4. Any information known to the applicant concerning vicious or dangerous qualities of all such animals: Dog is not vicious. Is good with peop' and rlthor dogs 5. Describe the housing arrangements for all such animals: Animal is maintained in full lot of land, fenced backyard. Animal sleeps inside house at night I NW MI all OM— ON M ON an MI NO r s s NIP OM s 1111111 6. Give the exact distance of the housing arrangements from the nearest dwelling or other structure used for human habitation: Apprnximately feet, (1102 2nd Street) (consented to permit) 7 Describe noises and/or odors related to keeping of such animals and the precautions to be taken: Animal barks when provoked or in order to protect property we are very aware to our animals mannerisms and work to keep barking at a minimum and appropriate the e possible and never longer than two days 8. List any prior history of incidents involving the public health or safety involving the public health or safety involving any of the animals: None 9. List any additional pertinent information: We have contacted 23 people/neighbors seeking their consent Twenty two (22} have consented. See attached survey_ Our house is a small two bedroom residence on a double lot of land. The entire yard is fenced in; 90% by block/wood or by six foot high wood fence. permit fee: There is a non-refundable application fee of $54.25 due when submitting yo.ir application. M,'ake checks/money orders payable to the 'City of 6ermosa beach'. 1/oa may submit your application Monday through Thursday, 7:00 a.m. - 6:00 p.m. Signature of Applicant Mailing Address: 1 042 2nd Street Hermosa Beach, CA 90254 FOR OFFICE USE ONLY mate fee paid: deceived by: approved Zoenied Comments: I WI all S MI NW OW MN NO MI NW O NW OW 1118 NW ON MI NW 1025 1024 1031 1026 1037 Not Aske d 1041 1101 1103 vj SVre-L ` 1042 1042 125 118 111 1102 vacant 1105 1107 1107 1108 1108 Orally Agreed 116 1108 1115 1110 1110 Refused 1116 1116 or as an r an me on r r r r r r on r r r Ni IMO I M I= i— s NM— NM N I 1— all OM r i Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. X *)( I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Josepii F CMP) a NameJD Address Z/5/? Date 11111 MB - -- NI UN- N= ! S I I I 1- NM 11111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Address 19 9 M- S M M I O i - i MB MI E-- I OS I I Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Name (0;? Z,P(-2T Address I do not believe said dogs bark excessively '%/CJ (excess of 5 minutes in a hour) Sig .ture Da MID MN I MN i I i I i 1 E i WM M i B i E E Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. X I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) dml Jo Lp -Y4 ,J Address -V/9fi nature Date MI- - - I ND MI I - - - r i - I I - IIIII 111111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) f` iltk) Name i[[ L'vi. 0.0 Address MI M r N-- i - i NB M I i NS MI NB MO N E Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. 2( x I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Address Fte_1,0R9ii, b � 1 Date S 11111 OM I 1--- i- N r MO MN N s-- 1 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. e e Name //o S 2" S• �f Address I do not believe said dogs bark excessively r 6/¢��l y (excess of 5 minutes in l/`� a hour) 'Signature Date all r I r MB MO ME I M I 1— NM N M MI O— Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Signature Date /1;/:11,--4....- a ►irej lo. Address 11M1 III. ,i11111' 1111011 MINI '111111 MN MN MINI =I MIMI EMI 11111 MIN 111111 Nil MN INN Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. ,_f'4 7/ Name %cam Address I do not believe said dogs bark excessively f5mutas in d (excess of 5 minutes in v Date a hour) Signature MIN S 1 NMI I INS Int n y ;11M11 — M MIR 1111111 SIN IMIP INIII Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." - Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name t o at-} sar d1 - Address,,r,r.ros0- Pj CL, Signat e in15\9(1 Date am ea as am ssig aNt MN MS VIM MIR MN MI all VIII all NM 1111111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name /Q2P2 ddress NI ON - - - - - S NO ND D I - - MN A - - I Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) (Iegv CcJ. Glii4ve— Name /p1/2 //13 Address Signature / Date MIN 0111 O— — r ;I SIN — M M MB M all M I— —— Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the Q I LA F. t*1 A Uk City issuing a permit Name allowing the above persons to continue 1102 2$P ST • 1-}s; (z M ash 9EA , �A to have three dogs. Address 16.2c -f I do not believe said dogs bark excessively ` % (excess of 5 minutes in 714 ' � � le/ `�/o,cJ a hour) Signature Date i M--- ,In 111111 111111 al MN MI OM MI— MN f 1 11 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. 1vf 1 r I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) joh Name /D2 Se c� Address Signature Date — OR NM M ,M all MO i f I MINI I M MN Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in /e0 y / a hour) Signature Date • Name Address • AN M- r r all r M I r— r— Oa al all MN N 10 IIIIII Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in 6 (6- tn Name t 1 ► Ll 2—D $-rn r (-k4-'- ,. o &:r -- Address a hour) "Signature Date Si 11111 i all — S Oa r all all all AO SW— SW I In all Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name 16°Iial4 /// 20 61, Address Al /OJWI60j (o -5 - Date Signature sin rr r. - — — — rr in ■r r - MI - MI - - MI IS 1 1 1 1 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. V I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Jenk:ee)a)c-xctil Name ias 10rheL C.OVrt Address MD WI /I MI M an ' MD MO /0 1110 MS I/ MS OM in OM MN 10. Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the V 2' l C "l L cit' `' 0 - City issuing a permit Name allowing the above l' v g (C n S� r_j -l c persons to continue to have three dogs. Address I do not believe said dogs bark excessively (excess of 5 minutes in a hour) 401.0001140 _4i% Signatur-/ Date IIIIIII MN MI I - MN- i M - R = MI NM = i MI - OM Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. n I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) IMO MIN I A 1111 NB I NM 11111 MS 1 E 011 MD NM 1 11. t 1 1 r 1 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the Oeof3e ITA r e r City issuing a permit Name allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) f Co 5 ct r hoy Address Sign/a `� . t b --5 -�?77 Date NM MI 111111 a all all all 11111 all an 1111 Ma all I NM 11111 11111 1111111 V t Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) r Name H I I BAR -' Y Cou21 Address ! S — 1 MN NB —— I all i -- G MB M NM NB IIIN 1111111' MI all UM MI MID Ell MI MI MS 111111 11111 SIII 011 IIM all NM MI SIN 1 Exhibit 5. 1 1 1 1 - - 01 (iF 1-EFM0.s E CH- q:�M Psi5 TRA► tv Eft- (R/'J(7 RLSf D EO S QN 04-Z BEf CN- R I FP L.iNiCi FOR KEEP (4 Tit!R.D .DDC?, L N.� sr . NER No (3, PEP Mi. -i To L E Ft RM L+ OPPOSE TIji's E'Ml i 5 ,JCS. r WE IinvE E.'Cc \mpki NG IN OtL R 1 Ei G i1,BOt P H OOL' 61- REPCM WHICH- I'S V E/ itjrfv z r G, C ct 5 yE G? it fi i 1 D i= Lit i s Pt 14 at.r5 I,LU .v Af t�Ly, ri \RES Fh f E all E MN N— i i all In MN i MS E 8 i N NE BM 11111 - MI M OM a i E E ME ME i- i E r- r M i Exhibit 6. 1 1 1 1 City o f21ermosarl3eaclt_ Civic Center, 1315 Valley Drive, Hermosa Beach. California 90254-3885 ler1!rusa Beach P licef.1r::i1' %11: iii Community Services Division llc. eho! I Pot I ; niit Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than h'.o household pets within the City limits. The applicant wishes to keep three dogs. The purpose of this questionnaire is to determine whether or not you have any objection i:. g.ranting a permit for this application. Please answer the following questions. Have you experienced any animal related problems at 1042 2nd Street.'' Yes No 7 What specific problem(s), if any, are you experiencing- concerning these pets' 3 1 -low oft .'n are you disturbed by the pets " Give specific Oates and times of ailnoyai'•_e, if possible. -_4_.i !..t, 6, ,..,:_,,c .-1 ) L. s• -c( jit, 4_2 / .i 4 t -low loss. has tile', problem eNisted \=..)•: ;y iN. iii; .`i, i _T �L -'Ckt 0 �. Describe the pet(s) if possible. Have you contacted Animal Control about the problem? 1 es / Have you discussed the problem with the owner' Yes No Pease 4_'Ive US the tolloo. ing information 1 his inforinatioii will 1'e illain confidential. No :Name ------ l'llO;le Comments:_ Thank You Vince Balvin Community Services Field Super- iscr • Address Date 1111 NM NM NB - - MO I i - == MI OM NE i - i 1 1 s 1 1 • City of 2-lermosa 1r3eaelL Civic Center. 1315 Valley Drive, Hermosa Beach. California 90254-3885 LfCrt:Vi.ti Belt![ Police y. ij%.(ic:'t,.:7t`t c o!n-111mi:i' Services Division JJoucf'/11:!;i Pct Sriil"' ci' Dear i -f i"mosa Beach Resident: The City of Hermosa Bcach has received an app•ilcatiun to keep more than two household pets within the City limits. The applicant wishes to keep three clogs. The purpose of this questionnaire is t0 determine whether or not you have any objection to granting 3 permit for this application. Please answer the following questions. Have _ on experienced any animal related problems at 1042 42 2nd Street '' vc c:, ii.- ti,il t (%01L112lili l ii air", ail ,'c'li ;t; Ii:., li'i :'onl.eriimg these pets 1l . often are you ciistlabe.d bythe /(S•. specific dMes 1. r, 1' lJi c' SjieC. iC t- tE's and times annoyance, its possible.--- ' c_tr_ ) ._` (,t'='-}.:=t.:t------- -,. 'J ,'---±,� � r -•(,-•—>`-,t How long has the problem existed'' Describe the pet(s) if possible Have yon contacted Animal Control about the problem': 1 e No %. Have you discussed the problem with the owc- r' Vis No i_-- Please give tri, the tollo'ain2 information This information will remain confidential. r ti ✓\ Address Date C omn c'l:ts...._._.._�__E \:3"`_ is-� Y1'� F.�__.i f C l !'' 1) 2, { .L26 i!� • t r 4 ` -• I • "C.L:-) r C t tF j :_:; sa t% i . : i ✓. i�< , /Cc:: :r L_ f /') (i !'6i -1-113i1k You Vince I3aiv in Community Services Field Supervisor �■■� M- MI MI MI r MI M-- M MI N M i MI NM NM 1 temea=sammem Ai, . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Citi o f `1lermosa 1r3eaclL.� Civic Center, 1315 Valley Drive. Hermosa Beach, California 90254.3885 � .f.;tf i -af. !Jeri/105'a .siric.. ._ w t' OitiMiraif' , ICT1'keS .r� ,r 7 Te. ,,� %�U:(.t'ii t :;i � t.'%. e_'('i:?il Sifi'l'e'j' Dear Hermosa Beach Resident• The City of Hermosa Beach has received an application to keep more than two household pets tcithin the City limits. The applicant wishes to keep three dogs. The purpose of this questionnaire is to determine whether or not you have any objection to granting a permit for this application. Please answer the followin i questions. 1-Iave you experienced any animal related problems at 10-12 2nd Street.' Yes No What specific pioblein(s), if any, are you experiencing, concerning these pets' i1o.'r often are':. u disturbed by the pe (s)? (rive specific Batu,; and tunes of ail!1oyanct . it oossiale How long has the problem existed.' 5. Describe the pct(s) if passible. .� �' �;/ / ri J . /;/ a -% J /1 Y 6. Have you contacted Animal Control about the problem'. Yes 7. Have you discussed the problem with the owner? Yes -- No Please give us the toll;i1'.nnn information This information will remain confidential. Name. Phone •/ t ' _ r / . Thank You Vince I>alvin Community Services Field Supervisor NW N N <S 11111 MN I I I I NMI cm um N ON N N M 1 1 1 City of 2IermosaTeack.) Civic Center. 1315 Valley Drive, Hermosa Beach. California 902543885 Hermosa Beach Police Department Community Services Division Hotts-ehohl Pet Permit Survey Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep thlve :logs. The purpose of this questionnaire is to determine whether or not you have any objection to granting a permit for this application. Please answer the followilw questions. Have you experienced any animal related problems at 10-12 2nd Street ? Yes _ No t dit,e4t-rn-c- What specific problem(s), if any, are you experiencing, concerning these pets? A ‘Z 54_ _1441w _ tot_In_ _tyl2f_xii.?.g • 3 How often are you disturbed by the pet(s)? Give specific dates and times of annoyance, if possible. ' i i / ' i ' I '• ' 4. How loni2, has the problem existed'? j_s_ ". orti_ ,•:,. 5 _c_i:-Af____-_--p jfr'il _c9'6.4___il“ , c-t(pv 07,i frtecti-tty ''I L/ ,... ede5 • . v i , 5. Describe the pet(s) if possible. 2'111-,4 CrK i4"?(2tr, S i%e_.,p;-/L-1 i I 6. Have you contacted Animal Control about the r.roblem? Yes:.No 7. Have you discussed the oroblem with the owner'? Yes ro Please e us the followin-, inform2tion. This information will remain confidential. a. Name L 1.! e , • • / Address Phone Date C:i\mrrients ..- .... k ? c • .- .,::=4.4_,,,,.;....,,e_c,•/ ;-,q, ;;;T:,._y ._/,,,t, .1-•ii,tr r-rk.,,,,t_ 4.14 4--:: ,..!._.. TT- - , •t- c`--Fti•4-•,--, 5-eilt" k;. -r' 4 12 f:' ...l.) ' i 1:4 -i -J , _Ali ; 'I 5.1_4: 4 ,4-1ie7.6 kJ is: ‘', ;,-,, - 1--". — ` Thank You Vince Bal\'in Community Services Field Supervisor NM Me I ,N Olt MB op I ME all ,M Mei MA UM— E 1 June 18, 1999 I 1 1 I 1 City of Hermosa Beach Police Department Community Services Division City Hall 1315 Valley Drive Hermosa Beach, Ca 90254 To Whom It May Concern: This letter is in response to your postings on Second Street of the Administrative Hearing regarding the request for a permit for more than two household pets at 1042 Second Street. As I am sure that your Department is aware, I have made several phone calls to the Hermosa Beach Police regarding the insistent barking of one of the three dogs that live in the back yard at 1042 Second Street. My residence is next door on the West side. The offensive dog is the German Shepherd mixed type dog. As a matter of fact there are also two cats and three dogs at that residence, so there is a total of five pets residing there. On occasions when the pet owners are gone for the day, or several days, the dogs are left alone in the yard which results in more than the usual barking and a smell like the yard is a pig pen. Because the lots are so small in this City the behavior of the immediate neighbors in the matter of pet responsibility becomes other people's problems. Needless to say, I hope that the owners at 1042 Second are not granted a permit for the third dog that lives there. Very truly yours, Eleanor Downs 1036 Second Street Hermosa Beach, CA 90254 Phone 310 372 7514 OM OM N M _i M E I N OM M MB N .- I N = M t 1 1 1 i City of Hermosa l�eackv Civic Center, 1315 Valley Drive, Hermosa Beach. California 90254.3885 }i eft?los(! Beach '-' 'rc;.:. i"; t t 'i i ,.; C.oni11111111jt' Services 1)1ci.fo:' Household Pe near I--Ietti'osa Bea,,•:11 R sidr_n The City of Hermosa Beach has received an application to keep more than t\\0 household pets within the City limits. The applicant wishes to keep /hrec dogs. The purpose of this questionnaire is to determine v,'?ether or not you have any objection to granting a permit for this application Please answer the following questions: 1 Have you experienced any animal i\'?Z., ;1 pmblows at 1042 2iod Sn Ye S tz: NO C .-,.A. /....Itis. ;^(1/t`Y4..F hat r,p!2. i i ; pi. _1 h.il�(c), if an a'':' :(:if C,`;f'. i( ii .2• .' :•C!I ±I; !. How oaten are you disturbed by the p;,!t5)? Gr,o specific dates and times of annoyance, if possible. ,t-1 ;t:c-�___ d.�nr.3 , _ S r. I. flow long has the problem existed? ...)_:.,..,•..-,,,„ -< ::� L 6. 7 Have e von discussed the problem \\ ith the owner' Describe the pet(s) if possible. Have you contacted Animal Control ahout the ,;-bi:rm' 1 -es \'o i s No Please vjye us the folio '.'ino iitCorination l liar,' information will =•emi-iin confidential. Name _ l f__ i311011(:' r ' -f hank You Vince Balvin Community Services Field Supervisor Address Date IS MN! all NM MN Mall UN 11111. NM NM a O- I r U 1 • ,IP/: 2671 •, vl 1 1 1 1 1 1 1 11 City of .2-lermosaTeach. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 HellilOSO Police Depx.imeni Servic:es Division Ro:,..,.thoid Pet Pp;/ Set ryq Dear Hermosa Beach Resident: The City of Hermosa Beach has received an application to keep more than two household pets within the City limits. The applicant wishes to keep three dogs. The Durpose of this questionnaire is to determine \tether or not you have any objection to granting a permit for this application. Please answer the following questions. Have you experienced any animal related problems at 1042 2nd Street.? Yes No NVIlat sre,cifie prob em(s), if any, are you experiencing, concerning these pets? _i 3. How often arc ‘..ou distui bed by the let(s)'? Clive specific dates and times of annoyance, if possible. _ 1 ek-21- e How long has the problem existed? fr,:i,s A (iv e /S,')('d )i 5. Describe the pet(s) if possible. yr • / (erZ)6I5. 6. Have you contacted Animal Control about the problem? Yes No 1 7 Have you discussed the problem with the owner? Yes No Please give us the followino information. This information will remain confidential. Name 14 iL2L.1 11:901 rits•/- /94c_c_. ,• ddress _id 27:?_) / 99% Phone Con-nnents:..ay-X.11-- _0_.C.tt..):1,5..... ./_./-2,2L6_6).2.1_f_ty_i,i.A,::,,,__ I- y-----a-6---72-----e-- -t C.._.:5:4.(L'_i___.Z)Z .5-._ id el -t:/ • f Orr) )biliA ‘I, -_s ai-e -Zel.i/1901 'net 4 lie) ('i Thank You 5 ,./ r.-fe--1 . L1,-/ Vi)5 Y. 1,...5))11',11 11 --)1 )Jt nce Balvin• CA % )61 6 )161 441). /y ,... ,. .,......) Community Services Field Supervisor Oddi'hi/ria) MN INN r all NM NO I i MN N MN I SS- I N r NW ON an 111111— NM MI NM N r NM MI NM le R In M Exhibit 7. OM On MP MI MI r ■n n WM M r— I MN r MU ■r r t 1 1 t 1 i t 1 r 1 1 1 1 1 -1 -Ur -L-(U j AN'GEL'ES +-DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH PROGRAMS AND SERVICES ENVIRONMENTAL HEALTH 122 W 8TH STREET, SAN PEDRO, CA 90731 (310) 519-6050 Refer Responses To: South Bay District Office 122 W. 8th Street San Pedro, CA 90731 August 04, 1999 General'Services City Of Hermosa Beach c/o Vince Balvin 1035 Valley Dr. Hermosa Beach, CA 90254 Dear Vince Balvin: In response to a request by your department that an evaluation be made of the condition of the yard at 1042 - 2nd St., an inspection was made on July 30, 1999, and the premises were observed to be in a clean and sanitary condition. Very truly yours, David Shepas, Environmental Health Specialist DS:os so No wi to a* Est as am as no al as me ma No as no or MN ME UN I r 1 Ma MO M NM M NS M .a I N UR— -I Exhibit 8. 1 1 1 1 1 1 1 1 1 1 1 1 1 i i 1 1 1 1 i 1 1 1 1 1 1 City o f2iermosarl3eacli. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 CITY OF HERMOSA BEACH ANIMAL CONTROL September 8, 1999 Corey Glave 1042 2`d Street Hermosa Beach, Ca. 90254 Dear Mr. Glave: I regret to inform you that your application to keep a third dog has been denied. Denial of your permit is based on past problems with barking. Aside from other complaint we received during our investigation of your application, a nearby neighbor complained that when any person goes into their back yard your third dog barks at them excessively. Considering that your dog should be familiar with the neighbor it seems there is no hope for the neighbor to enjoy their back yard while your dog is living on your property. While patrolling the area for barking complaints I personally observed your dog barking at the neighbor when the neighbor was merely standing in their yard. You have the right to appeal this decision. If you should chose to do so please go to room 101 at City Halls and tell them you want to appeal this decision to deny your application. pit /Vincent P. Balvin Community Services Field Supervisor al no N all 111111 IN M a. a. a. 11111 a. NI A a a. NB MO a. t 1 1 1 1 1 1 1 1 1 1 i 1 1 maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control supervisor a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond to such damages, or by posting with the animal control supervisor a surety bond conditioned upon payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days' written notice is first given to the animal control supervisor. It is unlawful for any person to whom any such permit may be issued to fail or refuse to comply with any of the terms and conditions so imposed. C. Number of Animals Allowed. In no event shall a permit be issued for the keeping of more than two wild or nonhousehold animals or more than five domestic fowl (chickens, ducks or geese) at any single location. D. Endorsement. Before any permit becomes effective the same must be accepted in writing by the permittee by the endorsement of the permittee accepting the permit upon the terms and conditions subject to which the same is granted, and agreeing to comply with and observe each and all of its terms and conditions. E. Revocation. All permits issued under this chapter shall be temporary only and may be revoked by the general services department at any time without cause or liability should the department find that the keeping of such animal within the city unduly menaces, threatens or endangers lives or property or the life or property of any person. (Prior code § 4-4) 6.04.070 Appeals. Upon the granting or denial of a permit or revocation, the applicant and all parties expressing concern shall be notified of the decision by the general services director in writing. Appeals shall be in writing, including specific items of disagreement with the general services director's decision or findings. Appeals shall be 6.04.060 filed with the city clerk's office within fifteen (15) days of the issuance of the report of decision and findings. The fee for appeals shall be an amount fixed by resolution of the city council. The filing of an appeal with the city clerk shall stay the decision of the general services director until the appeal has been acted on. When an appeal is filed, the general services director shall forward the record of the case to the city council. The city council shall conduct a public hearing. Such hearings shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The council may incorporate by reference the findings of the general services director. Within thirty (30) days of the final decision on the administrative process, the city council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the general services director's files. (Prior code § 4-4.1) 6.04.080 Unlawful to permit nonhousehold animals to endanger persons. It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to allow pr permit such animal to be or run at large, or permit it to run loose or be tethered, or caged, in or on or within the premises of such person or in, on or within any premises in the city in such a manner as to endanger the life or limb of any person lawfully entering such premises. (Prior code § 4-5) 6.04.090 Unlawful to permit nonhousehold animals on public property. It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to permit or allow the same to go loose, free, unrestrained or restrained, in any way in, along or upon any public street, sidewalk, way or place or any public park, playground, public (6.04) 3 OM M 111.1 MI I N NM M M MI e MS I ar r it SO r— r— r— s n a— Ia I— E Exhibit 9. OM In IIIII all OM al 11111 IIIII IIIII M S M INII UM IMO MO M IN MIII r 1 i 1 1 r LAW OFFICES OF CHARLES A. GOLDWASSER 5670 WILSHIRE BOULEVARD SUITE 2420 LOS ANGELES, CALIFORNIA 90036-5615 TELEPHONE (323) 964-7100 FACSIMILE (323) 964-7107 E-mail CoGlaveepaoi.corn September 13, 1999 Vincent P. Balvin Field Supervisor -Community Services Civic Center 1315 Valley Drive Hermosa Beach, CA 90254-3885 Re: Denial of Application for Third Dog. Dear Mr. Balvin: This office represents the Glave family in regards to the appeal from your determination that the application to maintain a third dog has been denied. On September 9, 1999, our clients received your notification that the permit was denied. Please forward to this office, , within ten day of this letter, all material upon which your decision to deny our clients' application was based. These materials include, but are not limited to, any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in your September 8, 1999, letter to Corey Glave. It is our position that our clients' application was made out of an abundance of caution and that not a permit is required under the facts of this case. Additionally, it is our position that the City's permit requirement, application process and/or determination process violates our clients' civil and constitutional rights. Your immediate attention to this matter is appreciated. V y yours, COREY W. GLAVE N! NO— all MI MN —— I! OS S N N MO— al M *0 I lrgrgxa MI MO 111111 NM e N MN OM I OM MS MI NM NM in MN = E UM 1 1 1 LAW OFFICES OF CHARLES A. GOLDWASSER 5670 WILSHIRE BOULEVARD SUITE 2420 LOS ANGELES, CALIFORNIA 90036-5615 TELEPHONE (323) 964-7100 FACSIMILE (323) 964-7107 E-mail CoGlave@aol.com September 14, 1999 DEMAND FOR PUBLIC RECORDS Vat Straser Chief of Police Hermosa Beach Police Department 540 Pier Ave. Hermosa Beach, CA 90254 Re: Public Records Request Dear Chief Straser: We represent the Glave family in regards to their application to maintain a third dog at their residence and the subsequent denial of said application. Pursuant to California Government Code Section 6250, et seq., we request that the Animal Control Department/Police Department, send us copies of any and all documents referencing the Glave family, the property located at 1042 2id Street, Hermosa Beach, California and the animals kept at said address. Enclosed is a check to the City of Hermosa Beach in the amount of "not to exceed twenty five dollars" which you may complete to cover the cost of copying the requested documents. This request includes, but it not limited to, copies of any and all of the following: Crime reports, evidence report and follow up reports of investigations conducted regarding the dogs living at 1042 2"d Street, Hermosa Beach, California, for the last 10 years. Photographs of the property, residence or animals located at the above address Citizen complaints about excessive barking at this address, for the last ten years. Citizen complaints of excessive number of animal kept at this address, for III NM- I- i i MN r MI MI- ND it S- MI M S 1 1 1 1 1 1 Chief Val Straser September 14, 1999 Page 2 the last ten years. All notes, report and memoranda (whether handwritten or typed) by any and all animal control officers for the City of Hermosa Beach regarding investigations, complaints or communications regarding the residence or animals at the above address, for the last ten years. All notes, reports or memoranda (whether handwritten or typed) of the Chief of Police regarding the residence or animals located at the above address, for the last ten years. All reports regarding the above address, residence, and/ or animals, filed with the City's Prosecutor's office for the last 10 years. (September 1989 to September 1999) Any and all documents , notes , reports or memoranda (whether hand written or typed) by animal control officers or other investigation officers, of the Animal Nuisance Survey conducted in February 1994, dealing with the dogs at 1042 2"d Street, Hermosa Beach, California) Copies of all animal nuisance surveys, referenced above, returned to Animal control by the citizens surveyed. 'The term document or documents shall be construed in its broadest possible sense under Code of Civil Procedure Section 2031 and shall include, but is not limited to, the original and any non -identical copies of any document, or any draft thereof, any kind of written, typewritten, printed or recorded material whatsoever, including but not limited to any notes, memoranda, charges, complaints, claims, affidavits, statements, papers, files, forms, data, tapes, printouts, letters, reports, communications, contracts, agreements, telegrams, records, correspondence, diaries, calendars, policies, procedures, manuals, handbooks, minutes, logs, recordings and transcripts of recordings, information retrievable from computers, photographs, diagrams, drawings, microfilms, or any other writing, however produced or reproduced, and further includes, without limitations, originals, all file copies, all other copies, no matter how prepared, and all drafts prepared in connection with such documents whether or not used, excepting only those documents which are privileged or otherwise protected from disclosure. la r EN— M r i OM M S I an M► — N MO OM— MI 1 1 1 1 1 1 1 1 1 1 1 Chief Val Straser September 14, 1999 Page 3 Copies of all contact notices, from the City of Hermosa Beach, left at 1042 2'Street, Hermosa Beach, California, for the period of September 1989 to September 1999) Copies of all documents, notes, reports or memoranda from the Chief of Police to animal control officers regarding complaints received about the animals located at. 1042 2"d Street, Hermosa Beach, California, for the period of September 1989 to September 1999. Copies of the geographic file/Premise History for 1042 2"d Street, Hermosa Beach, California for the last seven years. Copies of the geographic file/Premise History for the 900 to 1200 block of 2nd Street in Hermosa Beach, California for the last seven years. Copies of the geographic file/Premise History for 1036 2"d Street, Hermosa Beach, California, for the last seven years. Copies of the geographic file/Premise History for the 900 to 1200 blocks of 1" Place, Hermosa Beach, California, for the last seven years. ' Copies of the geographic file/Premise History for Barney Court, Hermosa Beach, California, for the last seven years. 1 1 1 1 1 1 Copies of all sight evaluations conducted by the Los County Environmental Health Division, at the request of the City of Hermosa Beach, during the application process for a permit to maintain more than two animals, for the last seven years. Copies of all written responses received by Animal Control/Police Department from the posting of the public hearing signs regarding the application of Corey Glave to obtain a permit to maintain three dogs at 1042 2"d Street, Hermosa Beach, California. Copies of all Hermosa Beach Police Department Community Service Divisions Animal Nuisance Surveys regarding the dogs that live at 1042 2"d Street Hermosa Beach, California. Copies of all documents, notes, reports, or memoranda from the Chief of Police to Community Service Officers regarding the handling of complaints about 1042 2"d Street, Hermosa Beach, California. MIS S t s— al s= r NS MS— MD— s NS MN 1011 11111 I Chief Val Straser September 14, 1999 Page 4 Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers, and/or Community Service Officers, for the last seven years, for municipal code violations regarding an excessive number of animals at one location ("Household Pet Law"). Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers and/or Community Service Officers, for the last seven years, for municipal code violations regarding excessive barking/noise. r Copies of all applications made to the City of Hermosa Beach for permits to keep more than two household pets, for the last seven years. Copies of all patrol logs of Animal Control Officers and/or Community ' Service Officers for the period of April 8 1999 to September 8, 1999. Copies of all documents, reports, notes and memoranda from Animal Control Officers and/or Community Service Officers regarding complaints, investigations and/or contacts made regarding the animals located at 1042 2nd Street, Hermosa Beach, California, for the last 10 years. Copies of all documents, reports, notes, and memoranda regarding surveillances, conducted by Hermosa Beach Animal Control Officers and/or Community Service Officers, of the property located at 1042 2"d Street, Hermosa Beach, California. All material deny our upon which the decision to clients' application to P maintain three dogs was based, including by not limited to any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in Mr. Balvin's September 8, 1999, letter to Corey Glave. Under Section 6256, the Department has ten days within which to respond to this request. If the Department chooses to withhold information, it must justify such withholding pursuant to Section 6255. If we are required to bring suit in order to obtain these records, we are entitled to attorney fees under Section 6259. E N E MR- NE i MO i G NO M i MN i M IIIIIII - Chief Val Straser September 14, 1999 Page 5 CWG cc: Stephen Burrell (w/out check) Vince Balvin-Hermosa Beach Police Department, Community Services Division (w/out check) Melvin R. Lee- Animal Control Supervisor (w/out check) NI NB UM NO SO i NO NM NE- ON ON M MI i OM i NB ON Mr - r- I s- - -- MI MI MI i MI- NB- E Exhibit 11. 1 1 1 1 r 1 1 HERMOSA BEACH POLICE DEPARTMENT COMMUNITY SERVICES DIVISION ADMINISTRATIVE HEARING PROCESS September 22,.1999 An application for a permit to keep three dogs at 1042 2nd St. RECOMMENDATION: It is recommended the permit be denied. Upon receipt of this application, according to procedure, the following occurred: 1. The area was posted inviting comment regarding the permit application. 2. Community Services Officers canvassed the area with neighborhood surveys to be filled out by residents. 3. An inspection of the property was conducted by a representative of the Los Angeles County Health Department on July -30-99. A report issued, stating the property was found in clean and sanitary condition. ANALYSIS: Recommendation for denial is based on the past problems and objections from the neighbors. An original complaint was filed by a resident on 3`d street about barking near the end of March. A letter was sent to the Glave May 26th when it was determined that his home was one of three where nuisance barking was alleged. I personally patrolled throughout the area for barking problems during short periods of time I had available. I interviewed several residents where barking was suspected either by interview, corroborating allegations or 5 ibtrib,y4L INFORMATION: No additional information. all N i — MI MI i 1110 11111 i 111111 1.111 i i i -- UN M N r MN W i- ON M N MN- MN= I M i M - Exhibit 12. t 1 1 1 1 i 1 1 1 1 1 1 1 1 City of 5crmosa cacb application for permit to keep non -household animals or more than two household pets (the term non -household animals include birds, poultry, reptiles, bees and other insects) Name: ev,z e ty i Address: \DAZ, "z City/State/Zip:-•N t aa. Jr , CA 431 CSLS�'E Telephone: '3\v' 'i 5 1. The number and general description of all animals for which this permit is requested: 2. Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the same as the applicant listed above: 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): 4. Any information known to the applicant concerning vicious or dangerous qualities of all such animals: 5. Describe the housing arrangements for all such animals: c\,UTD- 6. Give the exact distance of the housing arrangements from the nearest dwelling or other structure used for human habitation: 7 Describe noises and/or odors related to keeping of such animals and the precautions to be taken: 8. List any prior history of incidents involving the public health or safety involving the public health or safety involving any of the animals: 9. List any additional pertinent information: oi, V'iC�MAe 4.< Lk...08. avL ` .4--k.icl. `, al- ei-," .{` Li -to -4-.104A �t�p�p -�r....., 7� - ef.),-a-\,. �, .. 41 --Ii.. £(_ ` i , (...Q permit feta% Where is a non-refundable application fee of $54.25 due when submitting your application. Make checks/money orders payable to the 'City of 5ermosa aeach'. 'you may submit your application M,�onday through 7hurs, 7:00 a.m. - 6:00 p.m. D LA( 61.7- ,C2 9A -3/9Y Signature 6f Applicant Mailing Address: ..,44,4- aro. a Lae_ FOR OFFICE USE ONLY ,Date fee paid: Received by: ,4pproved denied Comments: e 6. Give the exact distance of the housing arrangements from the nearest dwelling or other structure used for human habitation: a vvi.Lec oma.. te 7. Describe noises and/or odors related to keeping of such animals and the precautions to be taken: st2.- o..vv-Lt w\ ,J.AckavA4� 8. List any prior history of incidents involving the public health or safety involving the public health or safety involving any of the animals: 9. List any additionaltpertinent information: '�[.A•v..�r lay) L . 1—K 10: v6e- L% N RW -'Z+" Nr1 3-4-xr,Nita 0,-"- 44.924 ..e.d...crt L_Plelait%rte-VAL krart-AZA ""C)I-A-•ssk9•4""erdllctrasLu•-•:Se...rrv•-b-\eAh..P\1LSL.m...ta.. 44„.4, rty..A.,•4 Permit feel There is a non-refundable application fee of $54.25 due when submitting your application. :Make cheeks/money orders payable to the 'City of F5ermosa Match'. you mag submit your application Aljondag through 7burs7:00 a.m. - 6:00 p.m. IirtAt 4A AttiC-14462- 9Azieji Signature f Applicant Mailing Address: m• c� �o►,@,_ FOR OFFICE USE ONLY ;Date fee paid: Teeeived bg: 4pproved ,eaied Comments: M=— OS-- MS OM r I lei M M r MI— 1 I IMO Exhibit 13. LAW OFFICES OF CHARLES A. GOLDWASSER 5670 WILSHIRE BOULEVARD SUITE 2420 LOS ANGELES, CALIFORNIA 90036-5615 TELEPHONE (323) 964-7100 FACSIMILE (323) 964-7107 E-mail CoGlave@aol.com October 26, 1999 Vincent P. Balvin Field Supervisor -Community Services Civic Center 1315 Valley Drive Hermosa Beach, CA 90254-3885 Re: PUBLIC RECORDS REQUEST. Dear Mr. Balvin: This office represents the Glave family in regards to the appeal from your determination that the application to maintain a third dog has been denied. On September 9, 1999, our clients received your notification that the permit was denied. On September 13, 1999, we requested that you forward to this office copies of all material upon which your decision to deny our clients' application was based. These materials were to include, but are not limited to, any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in your September 8, 1999, letter to Corey Glave. As of the date of this letter, we have not had received a response from you. We are now, pursuant to California Government Code Section 6250, et seq., requesting that the above requested documents, in addition to those listed below, be forwarded to this office within ten days. If documents responsive to any of the following requests do not currently exist, please identify the request and simply respond that no such documents exist. 1.1111 I MN am as ea ma r um me —— tit Ale -- AS OM M Vince Balvin October 26, 1999 Page 2 This request now includes, but it not limited to, copies of any and all of the following: A. All material upon which the decision to deny our clients' application to maintain three dogs was based, including by not limited to any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in Mr. Balvin's September 8, 1999, letter to Corey Glave. B. Citizen complaints about excessive barking at this address, for the last ten years. C. Citizen complaints of excessive number of animal kept at this address, for the last ten years. D. All notes, report and memoranda (whether handwritten or typed) by any and all animal control officers for the City of Hermosa Beach regarding investigations, complaints or communications regarding the residence or animals at the above address, for the last ten years. E. Any and all documents , notes , reports or memoranda (whether hand written or typed) by animal control officers or other investigation officers, of the Animal Nuisance Survey conducted in February 1994, dealing with the dogs at 1042 2"d Street, Hermosa Beach, California.' 'The term document or documents shall be construed in its broadest possible sense under Code of Civil Procedure Section 2031 and shall include, but is not limited to, the original and any non -identical copies of any document, or any draft thereof, any kind of written, typewritten, printed or recorded material whatsoever, including but not limited to any notes, memoranda, charges, complaints, claims, affidavits, statements, papers, files, forms, data, tapes, printouts, letters, reports, communications, contracts, agreements, telegrams, records, correspondence, diaries, calendars, policies, procedures, manuals, handbooks, minutes, logs, recordings and transcripts of recordings, information retrievable from computers, photographs, diagrams, drawings, microfilms, or any other writing, however produced or reproduced, and further includes, without limitations, originals, all file copies, all other copies, no matter how prepared, and all drafts prepared in connection with such Oa MI MO S MINI - 'S all lel MO IS MN M — N IMP a .MO NO Vince Balvin October 26, 1999 Page 3 F. Copies of all animal nuisance surveys, referenced above, returned to Animal control by the citizens surveyed. G. Copies of all contact notices, from the City of Hermosa Beach, left at 1042 2"d Street, Hermosa Beach, California, for the period of September 1989 to September 1999) H. Copies of all documents, notes, reports or memoranda from the Chief of Police, or any of his agents, to animal control officers regarding complaints received about the animals located at 1042 2nd Street, Hermosa Beach, California, for the period of September 1989 to September 1999. I. Copies of all Hermosa Beach Police Department Community Service Divisions Animal Nuisance Surveys regarding the dogs that live at 1042 2"d Street Hermosa Beach, California. I. Copies of all documents, notes, reports, or memoranda from Animal Control/Community Service Division of Hermosa Beach Police Department to the Chief of Police, Police Captains, and/or Police Lieutenants regarding the handling of complaints about 1042 2' Street, Hermosa Beach, California. K. Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers, and/or Community Service Officers, for the last seven years, for municipal code violations regarding an excessive number of animals at one location ("Household Pet Law"). L. Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers and/or Community Service Officers, for the last seven years, for municipal code violations regarding excessive barking/noise. M. Copies of all applications made to the City of Hermosa Beach for permits to keep more than two household pets, for the last seven years. documents whether or not used, excepting only those documents which are privileged or otherwise protected from disclosure. MI IMO NIP all O IMP 11110 N 11110 111110 MN O M MI MI M MI MI Vince Balvin October 26, 1999 Page 4 N. Copies of all patrol logs of Animal Control Officers and/or Community Service Officers for the period of March 1, 1999 to September 8, 1999. O. Copies of all documents, reports, notes and memoranda from Animal Control Officers and/or Community Service Officers regarding complaints, investigations and/or contacts made regarding the animals located at 1042 2"d Street, Hermosa Beach, California, for the last 10 years. P. Copies of all documents, reports, notes, and memoranda regarding any surveillance, conducted by Hermosa Beach Animal Control Officers and/or Community Service Officers, of the property located at 1042 2"d Street, Hermosa Beach, California, during the last ten years. Under Section 6256, you have ten days within which to respond to this request. If the Department chooses to withhold information, it must justify such withholding pursuant to Section 6255. If we are required to bring suit in order to obtain these records, we are entitled to attorney fees under Section 6259. VM truly yours, L_ lectty COREY W. GLAVE SI air - IN r in as a air as .— +ra I Vince Balvin October 26, 1999 Page 4 I N. Copies of all patrol logs of Animal Control Officers and/or Community Service Officers for the period of March 1, 1999 to September 8, 1999. O. Copies of all documents, reports, notes and memoranda from Animal Control Officers and/or Community Service Officers regarding complaints, investigations and/or contacts made regarding the animals located at 1042 2"d Street, Hermosa Beach, California, for the last 10 years. P. Copies of all documents, reports, notes, and memoranda regarding �. any surveillance, conducted by Hermosa Beach Animal Control Officers and/or Community Service Officers, of the property located at 1042 2"d Street, Hermosa Beach, California, during the last ten years. IUnder Section 6256, you have ten days within which to respond to this request. If the Department chooses to withhold information, it must justify such withholding I pursuant to Section 6255. If we are required to bring suit in order to obtain these records, we are entitled to attorney fees under Section 6259. iNM truly yours, I (,... ic,,y c--)----f7d-, COREY W. GLAVE OM al r MS OM Mill 110 Ili M ON MS NM 01110 M NO Mil 1110, A IIM NO ON NM 11111 ON ON NO MS NM 1111 111111 Exhibit 14. i LAW OFFICES OF CHARLES A. GOLDWASSER 5670 WILSHIRE BOULEVARD SUITE 2420 LOS ANGELES, CALIFORNIA 90036-5615 TELEPHONE (323) 964-7100 FACSIMILE (323) 964-7107 E-mail CoGlave@aol.com October 26, 1999 Val Straser Chief of Police Hermosa Beach Police Department 540 Pier Ave. Hermosa Beach, CA 90254 Re: Public Records Request Second Request Dear Chief Straser: On September 14, 1999, this office sent you a public records request on behalf of the Glave family in regards to their application to maintain a third dog at their residence and the subsequent denial of said application. On September 20, 1999, we received a letter from Ruth Miller, Records Manager in response to our request. Ms. Miller indicated that there were no Hermosa Beach Police Department records of any reported' cases or complaints regarding Mr. Glave or the dogs living at 1042 2nd Street, Hermosa Beach, California. Ms. Miller did attach copies of the following: 1. Incomplete copy of Hermosa Beach Police Department/Community Services Division, Administrative Hearing Process, dated September 22, 1999. 2. City of Hermosa Beach Dog License Renewals 3. Animal License Record for City of Hermosa Beach 4. Hermosa Beach Police Department/Community Services Division, Household Pet Permit Survey, undated, from Eleanor Downs 5. Letter from Eleanor Downs, dated June 18, 1999. (two copies) 6. Los Angeles Department of Health Services inspection report, dated August 4, 1999. 7. Incomplete copy of Hermosa Beach Police Department/Community Service Division Memorandum, dated 3/31/99. Only provided first page of memorandum. 8. City of Hermosa Beach Animal Control letter denying application for permit, dated September 20, 1999. 9. Form letter from Kenneth A. Meersand, dated May 10, 1999. — al all r an or all all MS -- all Nr all E N all •r all Chief Val Straser October 26, 1999 Page 2 10. Handwritten letter from Waldemar -Nick -Hampel, dated June 24, 1999. 11. Five Hermosa Beach Police Department/Community Services Division, Household Pet Permit Surveys, various dates 12. Mr. and Mrs. Glave's application for permit to keep more than two pets, with attachments. Ms. Miller's response, on behalf of the City and Police Department, does not address the following request: A. Crime reports, evidence report and follow up reports of investigations conducted regarding the dogs living at 1042 2nd Street, Hermosa Beach, California, for the last 10 years. B. Photographs of the property, residence or animals located at the above address C. Citizen complaints about excessive barking at this address, for the last ten years. D. Citizen complaints of excessive number of animal kept at this address, for the last ten years. E. All notes, report and memoranda (whether handwritten or typed) by any and all animal control officers for the City of Hermosa Beach regarding investigations, complaints or communications regarding the residence or animals at the above address, for the last ten years. F. All notes, reports or memoranda (whether handwritten or typed) of the Chief of Police regarding the residence or animals located at the above address, for the last ten years. G. All reports regarding the above address, residence, and/ or animals, filed with the City's Prosecutor's office for the last 10 years. (September 1989 to September 1999) H. Any and all documents , notes , reports or memoranda (whether hand written or typed) by animal control officers or other investigation officers, of the Animal Nuisance Survey conducted in February 1994, dealing with the dogs at 1042 2nd Street, Hermosa Beach, California. — — MN as rSIr MP OM r MI op — am am MN - a — r Chief Val Straser October 26, 1999 Page 3 I. Copies of all animal nuisance surveys, referenced above, returned to Animal control by the citizens surveyed. 1• Copies of all contact notices, from the City of Hermosa Beach, left at 1042 2nd Street, Hermosa Beach, California, for the period of September 1989 to September 1999) K. Copies of all documents, notes, reports or memoranda from the Chief of Police to animal control officers regarding complaints received about the animals located at 1042 2' Street, Hermosa Beach, California, for the period of September 1989 to September 1999. L. Copies of the geographic file/Premise History for 1042 2"d Street, Hermosa Beach, California for the last seven years. M. Copies of the geographic file/Premise History for the 900 to 1200 block of 2"d Street in Hermosa Beach, California for the last seven years. N. Copies of the geographic file/Premise History for 1036 2"d Street, Hermosa Beach, California, for the last seven years. O. Copies of the geographic file/Premise History for the 900 to 1200 blocks of 15` Place, Hermosa Beach, California, for the last seven years. P. Copies of the geographic file/Premise History for Barney Court, Hermosa Beach, California, for the last seven years. Q. Copies of all Hermosa Beach Police Department Community Service Divisions Animal Nuisance Surveys regarding the dogs that live at 1042 2"d Street Hermosa Beach, California. R. Copies of all documents, notes, reports, or memoranda from the Chief of Police, or his agents to Community Service Officers regarding the handling of complaints about 1042 2"d Street, Hermosa Beach, California. S. Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers, and/or Community Service Officers, for the last seven years, for municipal code violations regarding an excessive E M-- all MO— i— UM all- --- Ma all all 1 1 1 1 1 1 r Chief Val Straser October 26, 1999 Page 4 number of animals at one location ("Household Pet Law"). T. Copies of all citations issued by Hermosa Beach Animal Control Officers, Police Officers and/or Community Service Officers, for the last seven years, for municipal code violations regarding excessive barking/noise. U. Copies of all applications made to the City of Hermosa Beach for permits to keep more than two household pets, for the last seven years. V. Copies of all patrol logs of Animal Control Officers and/or Community Service Officers for the period of April 8 1999 to September 8, 1999. W. Copies of all documents, reports, notes and memoranda from Animal Control Officers and/or Community Service Officers regarding complaints, investigations and/or contacts made regarding the animals located at 1042 2"d Street, Hermosa Beach, California, for the last 10 years. X. Copies of all documents, reports, notes, and memoranda regarding any surveillance, conducted by Hermosa Beach Animal Control Officers and/or Community Service Officers, of the property located at 1042 2"d Street, Hermosa Beach, California. Y. All material upon which the decision to deny our clients' application to maintain three dogs was based, including by not limited to any and all documentation (including all neighborhood surveys, citations, investigative reports, patrol logs, internal department memoranda, complaints, or other reports, notes or written materials) of a "past barking problem", "other complaint", "investigation of your (the Glave's) application", the "nearby neighbor" complaint, and your personal observations of our clients' dog barking at the neighbor, as referred to in Mr. Balvin's September 8, 1999, letter to Corey Glave. As the City of Hermosa Beach/Hermosa Beach Police Department did not raise any objections to any of the above requests, any legitimate or proper objections have been waived and the City is now estopped from asserting them in response to this second request. w--- a Ir M RR— all NW s— ON all r— i i Chief Val Straser October 26, 1999 Page 5 Under Section 6256, the Department has ten clays within which to respond to this request. If no such documents exist, please reply back stating the specific request and the City's assertion that no such documents exist responsive to that request. As you are aware, recent cases regarding request for Public Records, provide that any writing containing information relating to the conduct of the public' s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics are included in the definition of public records. Therefore, copies of handwritten notes must be turned over, as well as computer records (Geographic Files and Premise History recording maintained by the Police Department). If we are required to bring suit in order to obtain these records, we are entitled to attorney fees under Section 6259. truly yours, COREY W. GLAVE cc: Stephen Burrell (w/out check) N MN ME +r as NO MI s O M WI— MD NM s r — M- OM E— OM— I Mw all r— n r--- OM NM OM E Exhibit 15. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PUBLIC NOTICE November 2, 1999 IMPORTANT PUBLIC NOTICE 1042 SECOND STREET NOTICE TO PROPERTY OWNERS OF AN APPEAL OF A POLICE DEPARTMENT DENIAL OF A HOUSEHOLD PET PERMIT TO ALLOW THREE DOGS, AT 1042 SECOND STREET. NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Hermosa Beach will hold a public hearing on Tuesday, November 9, 1999, to hear an appeal of the Police Department denial of a Household Pet Permit to allow three dogs at 1042 Second Street. SAID HEARING shall be at 7:30 P.M. or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, California. ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Police Department in care of City Hall at the above address prior to Monday, November 8, 1999, at 12 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. FOR FURTHER INFORMATION, please contact the Police Department at 318-0300. A copy of the staff report will be available for public review on November 4, 1999 at the Hermosa Beach Police Department. VGN ted///IG2E% VAL STRASER, CHIEF OF POLICE HERMOSA BEACH POLICE DEPARTMENT /5 MN all all i t-— Ns s— r I— i 1 all i— all ■r r— I— 110 MI V In UN s— 10 V MI— MI 0 Exhibit 16. 1 1 1 1 1 • City of 21ermosa rlieackv • • Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 11/5/99 Corey W. Glave 1042 2nd Street Hermosa Beach, Ca. Re: Request for Public Records Dear Mr. Glave: All of the documents you requested in your October 26th letter to me were sent to you in response to your letter to Chief Strasser. I received your letter on October 31st. If you have any further questions I will return to work for a brief time on Monday, November 8, in the morning. Otherwise see Lieutenant Mark Wright or Chief Strasser. Thank You, i /-',i ( ,'t i. (- y/f Vince Balvin Community Services Field Supervisor MI!— NO MI I i— i i I r OM UM— MR UM i all r OM i OM- - i V i- M s OM MB - -- UM 1.11 Exhibit 17. 1 1 HERMOSA BEACH POLICE DEPARTMENT COMMUNITY SERVICES DIVISION ANIMAL NUISANCE SURVEY Dear Hermosa Beach Resident: The City has received a complaint concerning the dog(s) that are allegedly creating a nuisance/disturbance in your neighborhood. This is in direct violation of Hermosa Beach Municipal Code Section 4-6.1(Animal Nuisances). This questionnaire will help us determine the degree of citizen annoyance before taking administrative or court action. Please answer the questions as completely as possible and return this form to: ' Hermosa Beach Animal Control 1315 Valley Drive Hermosa Beach, CA 90254 You will not be involved and your name will not be used without your written authorization. Thank you for your assistance. 1. Have you been annoyed by the dog(s) that live at: 1042 2ND STREET Yes „,X, ,, _ No 2. What,type(s) of problem(s) have you been experiencing? II___.,_._Noise Defecation _____Dog At L rge t•ioALJi� 1 , c,E 7 PI 12�� 010,3 2nJ '11- E.l✓T'. Other (Explain )_. II3. How often are you bothered by this problem? (Please gilt,� specific c dats & times when possible ), .(L, q F 2 A� `i 4. How long has the problem existed?.._*.---- 5 . Describe the dog(s) 1..- ) Ml��tt1M ii a /4 - T X71 II g .V 4 .iT' GE: X151 k=. c 6. Can ou identify the residence of the offending dog(s)? Yes ....�.......... No 1 7. 8. Have you discussed this problem with the pet owner?.,_ 9. Would you attend an informal hearin at the City Attorney's Office concerning this problem? _._Yes .��..... No 1 Have this you contacted the Hermo problem? a Beach Animal Control regarding No How Many times?,_.._.w,,,_l,_V,. 10. Would you permit us to reveal the infor and disclose your name if necessary? a ion on this sheet .....Yes �..��....�.No EMI i i i i i i an Si i i i i i i i if i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11. If a misdemeanor prosecution finally results, will you sign the court complaint and testify in court? (At least one must sign and two must testify) _„_,._Yes ,,„_ __No PHONE Thank you for your cooperation, Melvin R. Lee Animal Control Supervisor 2 - - -- -- i NIB E E- MI M S NM I-- r '8 I ligiigxg I--- SE MI MI MI ON E I i NM- N NM HE NM r Gary Clark, Jr. 1102 2nd Street Hermosa Beach, CA 90254 Hermosa Beach Council Members, To begin, I would like to state for the record how absolutely absurd this hearing is. I would expect the council members in this community to use the tax payers money in a more sensible manner. I am the next door neighbor to the person in question for the supposed continuing noise disturbances by his three dogs. If anyone in this neighborhood can attest to the disturbances, it would be myself and not a gentleman who lives on 3rd Street. In my prior statement that was submitted to the city council, there seemed to be some misunderstanding as to my view with the noise made by the dogs. To clear up any misunderstanding, I do not believe these dogs make any more noise than the other dogs on 1``, 2°d and 3rd Streets. In some instances, I have even seen children antagonize the dogs and make them bark. I believe my neighbors should be entitled to a permit and this manner quickly dismissed so you can do what you're paid for. Sincerely, t e r Gary Clark, Jr. 10111 MI 11111 r MI NM EN i NM - NMI NM S NM 1 NE i = INN-- PE ! NW I i s-- NM NM 111111 11101 NM I NM I Exhibit 19. IMO E - -- N ME MN MN MI M i' MN N E E MN IIIIII 1 A 1 1 t I 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 under the laws of the State of 18 I declare under penalty of perjury 19 California that the foregoing is true and correct. 20 Executed on November k, 1999, at Hermosa Beach, lifornia. 21 22 23 24 25 26 27 EC , : TI •NOF AM • A W I, Cameron Baldwin, declare as follows: 1. I am a resident of the County of Los Angeles, State of California. I am at least eighteen years of age. I currently reside at 1101 1St Place, Hermosa Beach. If called to, I can competently testify to the following of my own personal knowledge, except those matters stated on information and belief. 2. I moved into my current residence in early summer 1999. As long as 1 have lived here I have not experience any occasion where the three dogs living next door, at 1042 2nd Street, Hermosa Beach, have barked excessively. 3. My roommates and I, on a couple occasions have had social gathering at with friends at my house on 1St Place. At no time have the dogs barked excessively at me or any of my guests during these events. 4. I do not oppose the City of Hermosa Beach granting my neighbors a permit to keep all three dogs. 1 Cameron Bal • DECLARATION OF CAMERON BALDWIN I ME MI R MN MN N I N MIN NM Ns En m on u, OW N MI Exhibit 20. 1 1 1 1 1 1 1 1 1 1 t 1 1 11-04-99 Corey W. Glave 1042 2nd St. Hermosa Beach, Ca. City o f 1%rmosa Teacly Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Re: Public Records request Dear Mr. Glave, Pursuant to your request for information, the following documents are being forwarded to you: A) You have already been sent the neighborhood survey results, and written complaints received by animal control. No others exist on paper. B) There are no photographs as described maintained by this agency. C) Elanore Downs letter — previously sent. Thyere were verbal complaints received from Roger Creighton — no written record of these was stored. D) Elanore Downs, Hampel letters — previously sent. Verbal complaints by neighbors and written complaint on survey result letters received and previously sent. E) Letter written by Vince Balvin to Lt. Wright — enclosed (Tabled E) F) No notes, memorandum, or letters exist G) 97-3147, 93-544, 96-2524 — reports located involving listed address enclosed - none relevant to 3`d dog application or denial H) Purged in 1998 per City resolution 98-5909 — deemed no longer relevant record I) 6 surveys retumed (enclosed for second time) J) No copies retained K) None exist IN no an me Ms 7m as III nag NO MI mai to ON 1101 ail me MS I L) Crime , Inc - reports extracted from GEO-files brought up on dispatch screen. No 1 r 1 other written files exist M) We don't maintain that as a written record in a file N) We don't maintain that as a written record in a file 0) We don't maintain that as a written record in a file P) We don't maintain that as a written record in a file Q) No file exists R) No such documents exist S) No citations on file. AC policy is to gain compliance T) Citations handled by city prosecutor through complaints issued by court. No copies of handwritten citations exist except 1 — enclosed U) Enclosed —17 on file V) Enclosed — approx 650 two sided pages W) None exist X) None exist Y) Surveys and letters enclosed (previously requested). Personal observations of AC officers not placed in any written report not previously requested Val Straser Chief of Police Hermosa Beach Police Department Please be sure to attend the City Council meeting scheduled November 9th, 1999 so you may appeal your denial of your attempt to obtain a dog permit for three dogs. • IZ Jrgrgx3 Ism ma ma am— am am am r ma am-- us r m am— 1 1 1 t i t 1 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 DECLARATION OF CARYN NAUERT I, Caryn Nauert, declare as follows: 1. I am a resident of the City of Hermosa Beach, County of Los Angeles, State of California. I am at least eighteen years of age. If called to, I can competently testify to the following of my own personal knowledge, except those matters stated on information and belief. 2. I lived next door to the Glaves for over five years until I moved to another location in Hermosa Beach in August 1998. 3. During the time that I was neighbors with Corey and Sharon Glave, I was aware that they had two large golden retrievers and later got a small Shepard mixed breed dog. All these dogs were very friendly and never barked excessively. When the dogs did bark, it was always for a good reason such as someone being near their yard or my yard. I was thankful and appreciative for the added protection as I was home alone during day time hours. 4. During the time that I was their neighbor, Corey Glave always maintained his backyard in a clean manner and continually maintained and improved his front, back and side yards. I have never experienced and offensive odor or smell coming from the Glave's yard. 5. In June 1998, from my bedroom window, I observed the neighbor on the other side of the Glaves, I only know her as Cary Down's mother, hitting the fence between her and the Glaves' yard and egging on the dogs. As a result of the hitting of the fence, the two golden retrievers barked at the neighbor and the shepard stood back from the fence in a scared manner. 6. I saw Cary's mother do this on other occasions as well, but I do not recall the date or month. 1 DECLARATION OF CARYN NAUERT ai II. INS MN 1111i al lip NM WI Ma 111111 all NW an 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 I26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November , 1999, at Hermosa Beach, California. 2 Caryffi Nauert DECLARATION OF CARYN NAUERT 'no o or- um ma am on no- on on on um am m on am on Exhibit 22. _illi 1 i 1 1 1 r 2 3 4 5 6 7 8 9 10 1 11 12 13 14 15 116 17 18 19 20 21 22 1 23 24 1 25 26 127 28 f= - DECLARATION OF MARIA VAZQUEZ I, Maria Vazquez, declare as follows: 1. I am a resident of the County of Los Angeles, State of California. I am at least eighteen years of age. If called to, I can competently testify to the following of my own personal knowledge, except those matters stated on information and belief. 2. 1 have been helping Ms. Glave clean her house since 1998. I come once a week, usually on Thursdays. I have never heard the dogs bark excessively or for long periods of time. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November Lf , 1999, at Hermosa Beach, California. 2V4'‘V Maria Vazque 1 DECLARATION OF MARIA VAZQUEZ OM — — — - MO EMI OS S r al MS e all r IS as — an so as an in is so es as sr um as um as is um us am en an Exhibit 23. 4iotic11,"3 at JO 3103790456 COREY &AVE ESO. PACE 02 1 DECLARATION OF NAOMI LUNDY_ 2 . I, Naomi Lundy, declare as follows: 3 1. I am a resident of the County of Tulare. State of California. i om 4 at least eighteen years of age. I am Sharon Lundy.Glave's mother. If called to, I 5 con competently testify to the following of my own personal knowledge, except 6 those matters stated on information and belief. 7 2. In early 1999, I was at my daughter's house helping out with a 8 newborn baby. While in the master bedroom. I heard the dogs begin to bork, 9 ' went to see what they were barking of and notice the next door neighbor, 10 Eleanor Downs, teasing and verbally abusing the dogs through the fence. All 11 three dogs appeared to be agitated and were standing in a defensive position 12 with their tails in the air. 13 3. I witnesses similar actions by Ms. Downs on at least two other 14 occasions after this January Incident. 15 16 I declare under penally of perjury under the laws of the Slate of 17 California that the foregoing is true and correct. 18 Executed on November 8. 1999, at Porterville. California. 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF NAOMI LUNDY ma as ma so is as a or as as sr us se au so. aisI NO ',111111' OM Ili MI r — MI Ma MN r - r IS al M UM MI e MI Exhibit 24. I I I I I I I November 2, 1999 Honorable Mayor and Members of Regular meeting of the Hermosa Beach City Council November 9, 1999 APPEAL TO DENIAL FOR A PERMIT TO KEEP THREE DOGS AT 1042 SECOND STREET RECOMMENDATION It is recommended the permit be denied by City Council. BACKGROUND Upon receipt of applicants' application to keep more than two adult dogs at their residence, and in accordance with the permit requirements in Hermosa Beach Municipal Code Chapter 6.04 "Animals Generally," Community Services Officers completed the following: 1. The area was posted inviting comments regarding the permit application. 2. Community Services Officers canvassed the area with a neighborhood survey to be filled out by residents. 3. An inspection of the property was conducted by a representative of the Los Angeles County Health Department on July 20, 1999. A report was issued, stating the property was found in a clean and sanitary condition. ANALYSIS Recommendation for denial is based on past citizen complaints of barking dog problems and the objections filed by the neighbors in letters and surveys. A barking dog complaint was telephoned to the city by a resident and an investi- gation by Community Services Officers was conducted. It was determined from the investigation that three dogs had been licensed to Corey Glave at 1042 Second Street, Hermosa Beach, where the barking complaints were coming from. When a Community Services Officer patrolled the area for barking dogs, he observed one of the dogs at the Glave residence barking at a neighbor who was merely standing in her own yard. 1 OM— r I OM I— MN MI MO ■r — Ink al— O MN r MS I On May 10, 1999, a letter was sent to the Mr. Glave by the City Prosecutor, i 1 1 Kenneth Meersand, informing him that a complaint had been received regarding a barking dog at his residence that has been annoying the neighbors. On May 26, 1999, Mr. Glave received a letter from the Community Services Division Field Supervisor, Vince Balvin, that he must apply for a permit to keep more than two household pets. The Glaves' applied for the permit and a neighborhood survey was conducted and additional citizen letters objected to the City granting the permit, all citing barking problems at the residence. The Glaves' submitted their own survey results for review and consideration. The permit was denied in the finding of the Hearing Officer based on the survey response and citizen complaints. The Glaves' requested to appeal the hearing's finding to the entire City Council as prescribed per Hermosa Beach Municipal Code, Section "Appeals" 6.04.070. On September 14, 1999, the applicants' legal representative, Law Offices of Charles A. Goldwasser, with whom Attorney Corey Glave is employed, submitted a letter requesting any and all documents referencing the Glave family, the property located at 1042 Second Street, Hermosa Beach, and the animals kept at the location. The City has responded to the letter and submitted documents available. Co cur: VAL STRASER, CHIEF OF POLICE S EPEN BARELL CHIEF OF POLICE CITY MANAGER I IAttachments: ` 1 H.B.M.C. - Animals Generally - 6.04 2. City Prosecutor Letter - May 10, 1999 I3. Notice to Obtain Permit - May 26, 1999 4. Neighborhood Survey and Letters - County Health Letter. 5. Glave Neighborhood Survey 6. Denial of Permit - Community Services 7. Appeal of Permit Denial - Glave I 8. . Demand for Public Records. 9. Public Notice of Hearing. I 1 -2- l ON OM MI NM M IIM OM MI MO AM M NM AM 'in r r r an on r r as r as i es am am r r r as, Exhibit 25. 1 1 1 1 1 1 1 1 i 1 1 111111 M Ili G Ell UM T S V — r e UUMMUNI I Y SERVICES DIVISION PAGE_ OF .1".- OFFICERS /OFFICERS DAILY WORK SHEET I DUTY Pf r•%C AREA Sl TA) OFFICER SERIAL 41 RI/ DE 4//5/59 DAY 'Ma- OT HOURS - MILLEAGE Qj END � SHIFT START 66O° VEHICLE# f i9C/ SHIFT SUPER OR WEAT(H11E�R�CONDIT N$ HANDHELD OTHER EQUIPMENT START gio d� PORTABLE#//� FINISH /� /Z/ o//Az _ li TOTAL f `c % ! 7/ I CALL SOURCE 10-97 10-98 APPROX. MW PATROL IN OUT LOCATION DR OR CITE# ACTIVITY AND DISPOSITION MINS ON S/A 6.$,-(,7- Verrillo sr a- - = fi-f4 , &V � 5.5Y$/crs. • 63, PA (,'-,� -�� �-3o S�Tr�v�eo,6� Ge�l�j%S ���sE.:s-D Ale) /g4Ae v O/gs n / 7 /�s' ,,D 7 ,10---o5 10-�o cern e4/ s m /WO - / ''.,' " 1/(/e6 P672- s7" "141/./1)6- i 8.35 /90 3qD B5v A45 v . /5 /4472-71/sff . '77? I vo cJ •/c_, P.0 6SS .?o ,-/D /',/ ,/� :. ),,,s /9 7 /j e, l— .. 9Do /O'5 �.�%�� 6S -i ,/r/ &h )tve'z /D/,(///o S /1/i S /mss -///i (Off eil� 4/, - 0 /230 5. 7)0' 5 /236/. eT i0/Z- ,W/ - /iP,5--/g45 /ljg All/r477/0 //i/S/2e-/ /r4i/Vfs"-'7/pyo 4407.V' 4.44 an— MN i—— Mr MI r NM —— I O— r——— Oil — r— i— r —.NM d— N a— MI all O ALL "MIN SOURCE 10-97 10-98 APPROX. PATROL IN OCUT • LOCATION DR OR ITDR ACTIVITY AND DISPOSITIO N MINS ON S!A 1 42 ) /a .firj . - I /(..(0 AZ i: -d lry ....... . t• ' . . • .. /. : - • • `. _ � ....1 '' _ ... -.`:� _. • • . BO METERS • DAILY yALS ETHER TOTALS s - >- ' c.:( t.-\: SPECIAL ASSIGNMENTS METER # LOCATION PROBLEM PARKING CALLS NO. OF METER HOURS SPENT CANVASSING • WORK ORDERS \ -z • ANIMAL CONTROL CALLS - ‘ •-- , \ : •' `'.!!' - -"• ... _- ,, • - - ` �� : TIME SPENT ON CALLS HRS N. ANIMAL IMPOUNDS -12 NO. OF BOOIS� \ • RELEASES = \� EXttLAIN SPF,CIAL ASSIGNMENTS AND TIME EXPENDED ANIMAL RTO'S ° � HOURS ON : ' 4 • i;.. • CROSSING DUTY - 22651 (1) IMPOUNDS . ea VEHICLE •.9+ •-•- .. OTHER CALLS IMPOUNDS • VEHICLE VCR COMPLETED SHELTER RUN t BO I YES (CIRCLE) ' YES O PAGE l� OF ON -= r IS MI O- r M M I r M- r- MB M r— S— all r-- MI MI r--- M NE M� Exhibit 26. 1 1 1 May 10, 1999 1 1 1 1 1 1 1 1 1 1 1 1 1 City of 2lermosa'T3eackv Dear Mr. Glave, Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Kenneth A. Meersand _ Office of the City Prosecutor 540 Pier Avenue Hermosa Beach, CA 90254 (310) 318-0345 This letter is being written to inform you that a complaint has been received by the Hermosa Beach Police Department and the City Prosecutor's Office. The subject of the complaint is a barking dog, at your residence, that has been annoying your neighbors. It is not important, at this time, to reveal the identity of the complainant(s) since charges have not been filed. If a charge is filed, a full report will be submitted to the court and to you, so that you will have the necessary information to defend yourself. Barking dog cases may be filed in criminal court, without a warning letter to you. The City of Hermosa Beach has adopted a policy of sending warning letters prior to the filing of charges. I am hopeful that this letter will be sufficient for you to take the steps necessary to stop the offending noise. You do not need to contact this office in response to this letter as there is no investigation pending. You may wish to contact Dispute Resolution Services, (310) 372-1608, to expedite a resolution of this matter. If additional complaints are received, and there is sufficient evidence to present a case for filing in court, you will be notified. Thank you for your consideration and cooperation. Sincerely, Kenneth A. Meersand, City Prosecutor City of Hermosa Beach dogltr.dog 1 NS— r IN In it E— r MI r MI MI ND— MS NM r 1 I I The City Council of the City of Hermosa Beach does ordain as follows: I I 1 I I I I I I City o f2-iermosarl3eaclt.� Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 ORDINANCE NO. 95-1138 AN ORDINANCE AMENDING SECTION 4-(3. I, ARTICLE I OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL 1 "No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." LZ ligtgxa E MI NM MO A NB IN NM i E OM E ! MI E OS- MN 1111 Corey W. Glave Attorney at Law 1042 2"d Street Hermosa Beach, CALIFORNIA 90254 TELEPHONE (310) 379-0065 FACSIMILE (310) 379-0456 E -Mail CoGlave@aol.com June 7, 1999 Kenneth A. Meersand Office fo the City Prosecutor 540 Pier Avenue Hermosa Beach, CA 90254 Re: Response to May 10, 1999 Letter Dear Mr. Meersand: I am in receipt of your unsigned, form letter, dated May 10, 1999. While the letter states that no response was required as there is no investigation pending, subsequent to the letter, an animal control supervisor contacted my wife, at home, and inquired why we had not responded. Therefore, please allow this letter to serve as a response to your "Warning Letter". The letter indicates that a complaint has been received by the Hermosa Beach Police Department alleging that a dog at our residence is barking and that is annoying my neighbors. First, we are unaware of any time that our dogs have barked excessively; to wit, more than five minutes in any one hour. Secondly, we have done a survey of our neighbors and twenty-three residences in close proximity to our house have signed a paper indicating that our dogs do not bark excessively. I have taken the liberty of attaching copies of these signed forms for your review. Third, your letter fails to indicate how many complaints were received , the nature of any said complaints, and when the alleged barking was to have occurred. As such, it would be difficult, at best, to "stop the offending noise." Next, your letter indicates in one paragraph that is not important to reveal the identity of the complainant(s), but then states that we may wish to contact Dispute Resolution to expedite a resolution. As you are aware, it would take the active participation of all involved parties to properly mediate a fair and equitable resolution. Let me assure you, as I have done in the past, that we have and will continue to respect and address any concern brought to our attention. I I I M - ' I GNI E NM N N I r M N NM NM Kenneth A. Meersand June 7, 1999 Page 2 I- I I 1 I CWG ' enclosures I I I I I I I I I If you have any questions, please do not hesitate to contact the undersigned. Veruly yours, .7 ' ..17‘be_.., COREY W. GLAVE MI MI 1111 I= lilt OM GIN NM MIN 11111. 111111 NM am an mg Elm r 1 1 1 1 1 r ,Application for permit to keep non -household Animals or more than two household pets (the term non -household animals include birds, poultry, reptiles, bees and other insects) Name: Corey W. Glave and Sharon Lundy -Glave Address:1042 2nd Street City/State/Zip: Hermosa Beach, CA 90254 Telephone: 31 0-379-0065 1. The number and general description of all animals for which this permit is requested: One (1) gray and black shephard mix dog 2. Address where animals will be kept, and the name, address and telephone number of the owner of such property, if not the same as the applicant listed above: Game as above 3. The applicant's interest in the animal(s) (owner, keeper, trainer, etc.): Owner 4. Any information known to the applicant concerning vicious or dangerous qualities of all such animals: Dog is not vicious. Is good with people anA other dogs 5. Describe the housing arrangements for all such animals: Animal is maintained in full lot of land, fenced backyard. Animal Bleeps inside house at night — M MIN- a a.1.111 ;4111111 — _— _ -err aim ON — .r M Give the exact distance of the housing arrangements from the nearest dwelling or other structure used for human habitation: Approxi mataly feet, (1102 2nd Street) (consented to permit) 7. Describe noises and/or odors related to keeping of such animals and the precautions to be taken: Animal barks when provoked or in order to protect property we are very aware to our animals mannerisms and work to keep barking at a minimum and appropriate Regarding odor, we clean up after the animals every day when possible and never longer than two days 8. List any prior history of incidents involving the public health or safety involving the public health or safety involving any of the animals: None 9. List any additional pertinent information: We have contacted 23 people/neighbors seeking their consent Twenty-two (22) have consented. See attached survey_ Our house is a small two bedroom residence on a double lot of land. The entire yard is fenced in; 90% by block/wood or by six foot high wood fence. permit fee: There is a non-refundable Application fee of $54.25 due when submitting yo.ir application. M'Ake checks/money orders payable to the 'City of 5ermosa each'. yo a may submit your application enjonday through Thursday, 7:00 a.m. - 6:00 p.m. Signature of A ) plicant Mailing Address: 1 042 2nd Street Hermosa Beach, CA 90254 FOR OFFICE USE ONLY Oate fee paid: Teceived by: ,4pproved Denied Comments: ..r ail ..r a a 1v — .no r ar■1 as r all MIN r a. MP Not Asked 1025 1024 1031 1037 1026 1041 1101 1103 1042 1042 125 118 111 1102 vacant Orally Agreed 116 1105 1107 1107 1108 1108 \s'`' `Y‘act 1108 1115 1110 1110 Refused 1116 1116 Int IPS MN ins ow a firm 1.114 N —11111 I .an am so es ma 1♦ WIN NMI MIN 4111M 1111111 !. OW MO M M Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the(7yrjCi\ e li iG29 7 City issuing a permit Name allowing the above j persons to continue [ 1 l; Ia-f7i-Uvvyvr-ct_Fdl. to have three dogs. Address I do not believe said dogs bark excessively (excess of 5 minutes in a hour) ,41t0A Signature r'rei Lte 1.11 WI AM IWO NM all SW I SW S: NW OW S Mt M WO SW 1111, Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2' Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. X *)( I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Jopi F Cdt41%)a Name a - i Address ow no as as 1111111 11111e 11111' alt 11111 alli MI MI MI al MI IMO 01110 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) I S. Address 099 MOM OM all MN 1.111 MO 10111P 111111 el* 1010 all MO la Ele 1111. Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 21'd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) ryt44•-) 4- KI Name Z,ry , 57- Address 7T Address 6 Sig .ture Da al Mk M MN III OM AM r r-' ,I OW M MN -- I MI OW- Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. X I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) l� y Address nature //9 Date OW WI 11.1 MI Ili OS ON MN 1111111 Olt OW Mr Ns no gal Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the .may City issuing a permit . allowing the above `72,Z( persons to continue D ,� .� to have three dogs. Address I do not believe said dogs bark excessively (excess of 5 minutes in a hour) t,QiL 6-A( Date IWO OW AN OW NW MO OW III me op es so —I sr MO OW OW NO Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. X I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) / ' u C` s e fh Name 1/0C 2" S, I� Address 11111 Ai 1111 SU NIP MN SO Mit 11111 MIN MN MI NI Mt MI MN 11111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. ame Address I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Signature Date ma a; me i ma m .ma ea —! m me so — a-- as am Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Name Address I do not believe said dogs bark excessively'/ OHM (excess of 5 minutes in 5sEOH E? U 67W — fir a hour) Signature Date ON d 11111111 - MB OM-- NO a ma as- AR- A MO- US Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Ana✓-eJ� Name 1 a a,9- ate -,01, Address, rreso ;� I do not believe said dogs bark excessively (excess of 5 minutes in�- a hour) Signat e Date NM SIM NI IMP IMIP NMI MD UM IMO MI M IMP r MP MS Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name fry vr'6'.//n( /a(Y Address MN I WI MI ME MI - a. MB ND MN MO OM a. MP I a. a. Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) deey Cu.' di/4w— Name i/4w Name /lawz z4ief/ s11-13 Address Signature / Date M — NM IMO dill Olt 11111 Ile OD OM ROI ON SW UM VI l all 11111 11111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. VAI 1ZL44 AUk Name "2- 2N4P ST • lie fzMtSh cN+, 4 Address I do not believe said dogs bark excessively j / (excess of 5 minutes in7s /�I,v Bok e/ � crY a hour) Signature Date - ,Mr Mr Mr MS- MB r WO M IS- O► IN WO Mt r MI ON Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." - — Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Li)c)fr,1 Name /D: SecG,,,P,( L Address I do not believe said dogs bark excessively (excess of 5 minutes in q)2 a hour) Signature Date I S— MR MN IS e-- ME S all le! M NI I MO i Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. Name ? Address I do not believe said dogs bark excessively _ (excess of 5 minutes in L�li'/� Pc4 S�/ a hour) Signature Date IMO r WO -r r r OW s r WI OW - WO - ■r WI- r ■r Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the 6 p )cJ..&-t-- City issuing a permit Name allowing the. above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in ' ( a hour) ignature Date ILI Address krIN ✓ 1 M.i.SA O ! I MN ME— ! al la ! — i NO ME i S WO E 1111111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name I//b 2ocl, .5+ Address ,dm(A) 0.64) Signature Date illa OS E MB N—— MS I UN OD i MI UM i I E MI E i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. V I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) J -e -''eel sa n��er Name jas born/ th—i" Address Date I I E- r s- I- M r ON US UM i MI O- NS 1 1 1 1 1 1 1 1 i 1 1 1 i 1 1 1 1 1 1 - Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) (12Ack LdtfkeN-_ Name Address 410111/00 Signator / Date ‘6 - MD MO i i M- M- i r ON NI MI r MN 111111 1.III 111111 Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Address MI! MN I E V ON i I O i-! M!! n M OM Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour. I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the Oen e /70 h I' e r City issuing a permit Name allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) / L 5 Gt I'/7t y Address f,A Sign ture Date INS UM MI MI- Mr Mr - UM IN MI NM UM MI M MI S MIN IIIIII Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." - Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2nd Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) Name H 1 BARNeY Couf i Address �w — MI M r NM MI an— NM M— MI MI --— Hermosa Beach Municipal Code Section 6.04.040 states in pertinent parts: " Pursuant to the use permitted in residential zones, no more than two adult dogs...shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs shall make application for a permit to keep and maintain such animals..." Hermosa Beach Municipal Code Section 6.04.060 states in pertinent parts: " Any person desiring to keep ...(more than two dogs)...shall make application for such permit in writing, addressed, and filed the same with the general services department..." "(B)...the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days... Hermosa Beach Municipal Code Section 4-6.1 states that: "No person shall keep ...upon any premises...any animal ...which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." I understand that, out of an abundance of caution, the people residing at 1042 2"d Street, Hermosa Beach, CA 90254, a house with a detached garage and a fulling fenced in yard, located on two lots of land, intend to apply for a permit to continue to maintain the three adult dogs currently living there. I do not oppose the City issuing a permit allowing the above persons to continue to have three dogs. I do not believe said dogs bark excessively (excess of 5 minutes in a hour) L%oLEC vl C \ 1r1,1 - Name 1L f4{ -k..1'0 )/3, B, it Address ( ( 6- Y ,( Signature Date IIIIII NS NS ! - i S MI- ! MI S MI i - UM EN i IIIII E UM N S-- OM r — all --= M r M r OM RRI Exhibit 28. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I i1 2 3 I I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 23 24 25 26 27 28 4 5 6 1 DECLARATION OF COREY W. GLAVE I, Corey W. Glave, declare as follows: 1. I am a resident of the City of Hermosa Beach, County of Los Angeles, State of California. I am at least eighteen years of age. If called to, I can competently testify to the following of my own personal knowledge, except those matters stated on information and belief. 2. On November 3, 1999, I did online research to determine what other cities in California allowed as far as the number of animal per household. Attached hereto are copies of municipal code sections copied off the Internet. 3. On this same day, I spoke to city officials and/or animal control officers for the cities of Manhattan Beach, Rancho Palos Verdes, Redondo Beach and Laguna Nigel. I was informed of the following: Manhattan Beach allows up to five domestic animals (all 5 could be dogs). The cities of Laguna Nigel and Rancho Palos Verdes allows for up to 6 domestic animals; Redondo Beach allows for at least 3 dogs and a request can be made for a permit to have more animals. The Redondo Animial Control officer indicated that one could have 3 dogs and 3 cats, but wanted to check with her supervisor who was not present. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 8, 1999, at Hermosa Beach, California. 1 C Corey VV. Glave DECLARATION OF COREY W. GLAVE M IIIIIII M 1111111 M Ma I 11111 E l O r MIN I NM I NM S N 1 t f i r Document Page 1 of 2 ORDINANCE CODE City of SAN BUENAVENTURA, CALIFORNIA Codified through Ordinance No. 98- 22enacted November 2, 1998. (Supplemen DIVISION 4 PUBLIC HEALTH Chapter 4 ANIMALS* ARTICLE 3. KENNEL LICENSES ARTICLE 3. KENNEL LICENSES Sec. 4431. Kennel license required. Every person who owns, manages, or operates a dog kennel, as defined in section 4432, without having a current and valid license therefor issued under the provisions of this chapter is guilty of a misdemeanor. (Ord. No. 1191, 12-26-61) Sec. 4432. Dog kennel defined. A "dog kennel" within the meaning of this chapter is any place or premises where at least five (5) dogs over the age of six (6) months are kept for the purpose of breeding, training, or holding for sale, or where at least ten (10) dogs over the age of six (6) months are kept for any purpose. (Ord. No. 1191, 12-26-61) Sec. 4433. Kennel license fee period. The dog kennel license required by this chapter may be obtained by written application to the poundmaster or tax collector. Such application shall be in duplicate and shall state the name and address or location of the kennel, the name or names of the person or persons owning, managing, or operating such kennel, the number and approximate ages of the dogs currently kept therein, and the purpose or purposes for which they are kept. Such application shall be accompanied by a certificate from the county health officer stating that such kennel was inspected and found to be in a sanitary and healthful condition. Such application shall also be accompanied by the annual fee of twenty-five dollars ($25.00). If such application, certificate, and fee are proper, a copy of the application shall be signed and dated by the poundmaster or tax collector and issued to the applicant as his current kennel license. The license period for the kennel license required by this chapter shall be one (1) year, beginning January 1 and ending December 31. Any kennel license issued under the provisions of this chapter shall expire and cease to be "current" at the expiration of the license year for which it was issued. Renewal shall be made only upon application, certification, and payment of the fee in the manner provided for the issuance of an original kennel license. (Ord. No. 1191, 12-26-61) Sec. 4434. Revocation of kennel license. Any kennel license issued under the provisions of this chapter may be revoked by the county health officer whenever, in his opinion, the dog kennel for which such license was issued is not being maintained in a sanitary or healthful condition or is not provided with adequate care and supervision for the dogs confined therein. The revocation shall become effective thirty (30) days after notice of such defective condition is deposited in the mail, postage prepaid, directed to the person or persons owning or operating such kennel at the address shown in the application, unless, within such thirty (30) days, the noticed condition is corrected to the satisfaction of the county health officer. After such revocation becomes effective, the revoked license shall be invalid for any purpose whatsoever. (Ord. No. 1191, 12-26-61) Sec. 4435. Zoning. The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirement of any applicable zoning laws or ordinances. A kennel license issued under the provisions of this chapter shall cease to be valid if the operation of a dog kennel should become a prohibited use for the zone in which it is then located. (Ord. No. 1191, 12-26-61) .../om_isapi.dll?advquery=dogs&infobase=10135.nfo&record={5003C9E}&softpage=Docu 11/03/1999 - 1 OM ,M 110111 OE NW 1.11 11111 OW ANN N IN N OM OM OW '- - 1 1 1 1 1 1 1 1 1 1 1 1 11 Document Page 1 of 1 Pasadena Municipal Code Title 6 ANIMALS* *NOTE: Footnotes are numbered throughout the text and are located at the end of this title. Chapter 6.04 GENERAL PROVISIONS 6.04.010 Short title. This title shall be known as "the animal ordinance." (Ord. 4384 § 1.01, 1956) 6.04.020 Definitions. For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: A. "Animal" includes any beast, poultry, bird, reptile, fish or any other dumb animal. B. "At large" means in or upon any public street, alley or other public place or in or upon any unenclosed lot or premises, unless a dog is securely confined by a strong leash securely and continuously held by the owner of such dog, or confined within an automobile. C. "Cat kennel" means any place where 5 or more feline animals are kept or permitted to remain. D. "Corral" means any enclosure or barrier designed or intended to be used to restrict the movement of oxen, steers, bulls, cows, horses, colts, jacks, mules, calves, sheep, goats, or any similar animal, or any animal commonly referred to as a "wild specie." E. "Dog" includes female as well as male dogs. F. "Dog kennel" means any lot, building, structure, enclosure or premises wherein 5 or more canine animals 4 months of age or older are kept or permitted to remain or where any dog gives birth to 2 or more litters within a 12 -month period. G. "Fertilizer" means any chemical product, decomposed vegetable matter or commercially - treated animal waste matter, but shall not include manure or other animal waste matter in untreated form. H. "Horse" includes mule, burro, pony, jack, hinny or jenny. to* 1 -�--- — :../om isa i.d11?clientID=598&hits erheadin =on&infobase=b c-11&record= 42BC &soft 11/03/1999 _ p P g— P { } P am as am ma am as IMP al 1•11 •III. ell MS MI MO all 11111111 1 1 1 t 1 t 1 1 1 1 1 r Document Ontario Code of Ordinances Page 1 of 2 TITLE 6. SANITATION AND HEALTH\CHAPTER 1. ANIMALS AND FOWL\Article 2. Dogs and Cats\Sec. 6- 1.201. Number of dols allowed. Previous Home Previous Hit Next Hit Next Sec. 6-1.201. Number of NdogsN allowed. It shall be unlawful for the occupants of any dwelling unit to keep in the City more than three (3) NdogsN which are over four (4) months of age. (§ 1, Ord. 2523) Sec. 6-1.202. Number of cats allowed. It shall be unlawful for the occupants of any dwelling unit to keep in the City more than three (3) cats which are over four (4) months of age. (§ 1, Ord. 2523) Sec. 6-1.203. Vaccination and licenses: Required. Each dog over four (4) months of age harbored within the City shall be vaccinated with a state approved antirabies vaccine in accordance with state law and shall be licensed. (§ 1, Ord. 2523) Sec. 6-1.204. Dog licenses: Places of procurement. Dog licenses shall be available from the Enforcing Officer. (§ 1, Ord. 2523) Sec. 6-1.205. Dog licenses: Applications: Issuance: Form. Upon receipt of the required license fee accompanied by an antirabies certificate and written application giving the name and address of the owner of the dog and a brief description of the dog, the Enforcing Officer or an authorized representative may issue and deliver to such person a license certifying the payment of such fee, the date the antirabies vaccination was administered, and setting forth the name and address of the applicant, a brief description of the dog, and the number allotted to such dog. NDogsN trained and certified to lead the blind must still be licensed in the procedure outlined in this section but are exempt from paying the license fee. (§ 1, Ord. 2523) Sec. 6-1.206. Dog licenses: Fees: Penalties. .../om isapi.dll?clientlD=9195&infobase=AMLEGAL-11&jump=6=1.201&softpage=ref Do 11/03/1999 1011 OW MN MN M err i MO S MN 11110 MN NM-- SO a N Document Page 1 of 1 MUNICIPAL CODE City of COSTA MESA, CALIFORNIA Codified through Ord. No. 99- 2 adopted July 19, 1999. (Supplement No. 85, 7-99 APPENDIX TO PURCHASING TITLE 3 ANIMALS AND FOWL* CHAPTER I. IN GENERAL Sec. 3-10. Liability of cam. Neither the city nor any of its officers, employees or agents shall be liable for any injury suffered or disease contracted by any animal while being captured, seized, transported or impounded pursuant to this title. (Ord. No. 72-48, § 2, 12-18-72) Sec. 3-11. Reserved. Sec. 3-12. Nuisances generally. It shall be unlawful for the owner or person having charge, custody or control of any animal, to permit either willfully or through failure to exercise due care or control, any such animal, to commit any nuisance by leaving its feces and to allow said feces to thereafter remain on any public sidewalk, public gutter, public park, public street, or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal. (Ord. No. 72-48, § 2, 12-18-72; Ord. No. 97-24, §§ 1, 2, 8-4-97) Sec. 3-13. Keeping of livestock prohibited. No person shall keep any cow, pig, goat, horse, mule, poultry or any other animal usually considered as a farm animal or bird and not as a domestic animal within the city except in specifically permitted animal zones. (Ord. No. 72-48, § 2, 12-18-72) Sec. 3-14. Keeping more than four animals. It shall be unlawful for any person to keep, possess or harbor more than four (4) animals over the age of three (3) months on any premises, except on a business premise on which a licensed business is operated, providing for the keeping of animals. (Ord. No. 72-48, § 2, 12-18-72) Sec. 3-15. Running at large generally. No person having control, charge or custody of any animal, bird or reptile shall permit the same to stray or run or be at large in or upon any public street or other public place within the city, or upon any private road or upon the premises of another without the permission of the owner of such premises, and any such animal, bird or reptile found at large in any such place may be impounded as herein provided. Any animal running at large creating an annoyance or endangering public health or safety which cannot be seized for impoundment by ordinary means may be summarily destroyed by the animal control officer or a police officer. (Ord. No. 72-48, § 2, 12-18-72) .../om_isapi.dll?advquery=Animal&infobase=10425.nfo&record={6006888}&softpage=Doc 11/03/1999 ION MI M ,a MO MIS O MN 'MS MIN 111111 MN OM OM Mlle OM MO 1 r 1 1 1 1 Article 1. General restrictions and prohibitions Page 1 of 1 Beverly Hills Municipal Code is subject to change. Use on-line version for reference only. The most recent ordinances amending Beverly Hills Municipal Code may be found in the City Clerk's Office. April 1, 1999 Reprint 23 Article 1. General restrictions and prohibitions • 5-2.101. Keeping of certain animals, fowl, and reptiles prohibited. • 5-2.102. Animals in public places. • 5-2.103. Special permits. • 5-2.104. Feeding nondomesticated mammalian predators prohibited. • 5-2.105. Feeding pigeons prohibited. • 5-2.106. Animal defecation on public and certain private property. • 5-2.107. Dog kennels prohibited. • 5-2.108. Cat kennels prohibited. • 5-2.109. Rabbitry prohibited. • 5-2.110. Keeping bees prohibited. • 5-2.111. Animal and fowl noise. • 5-2.112. Liability for injury or damages. • 5-2.113. Interference with law enforcement officers. • 5-2.114. Animals infected with rabies or hydrophobia. • 5-2.115. Delegation of licensing and enforcement functions. http://www.ci.beverly-hills.ca.us/municode/title5/chapter2/article 1 /index.html 11/03/1999 MN I N I N WI `i ON MB AS O N NO M am Sec. 5-2.101. Keeping of certain animals, fowl, and reptiles prohibited. Page 1 of 1 Beverly Hills Municipal Code is subject to change. Use on-line version for reference only. The most recent ordinances amending Beverly Hills Municipal Code may be found in the City Clerk's Office. April 1, 1999 Reprint 23 Sec. 5-2.101. Keeping of certain animals, fowl, and reptiles prohibited. (a) No person shall have, keep, or maintain any animal, fowl or reptile with the exception of dogs, cats, rabbits, parrots, parakeets, mynah birds, lovebirds, and other normally accepted psittacine birds, on any real property within the City. (b) The provisions of subsection(a) shall not apply to: (1) The keeping of animals or reptiles by a research laboratory, hospital, or educational institution for experimental purposes. (2) Where a special permit has been granted by the City under the provisions of Section 5-1.103 of this Article. (5-1.101, 5-1.102 Amd.) -http://www.ci.beverly-hills.ca.us/municode/titles/chapter2/articlel/5-2.101.html 11/03/1999 — — - r all - - s — — - — O — MO r 1 1 r 1 1 i r i 1 Sec. 5-2.107. Dog kennels prohibited. Page 1 of 1 Beverly Hills Municipal Code is subject to change. Use on-line version for reference only. The most recent ordinances amending Beverly Hills Municipal Code may be found in the City Clerk's Office. April 1, 1999 Reprint 23 Sec. 5-2.107. Dog kennels prohibited. No person shall own, conduct, keep, or maintain any dog kennel within the City. For the purposes of this Section, "dog kennel" shall mean any lot, building, structure, or premises whereon or wherein four (4) or more dogs over the age of four (4) months are kept, harbored, or maintained for any purpose other than in a pet store for sale to the public or for care or treatment in an animal hospital. (5-1.222 Amd.) http://www.ci.beverly-hills.ca.us/municode/titles/chapter2/article1/5-2.107.html 11/03/1999 IIIIII N 111111 I M M am No OW MN MN III OM MS OS I MN All Sec. 5-2.108. Cat kennels prohibited. 1 April 1, 1999 Reprint 23 Page 1 of 1 Beverly Hills Municipal Code is subject to change. Use on-line version for reference only. The most recent ordinances amending Beverly Hills Municipal Code may be found in the City Clerk's Office. 1 1 1 1 1 1 1 1 1 1 ~-— — - -httP ://www.ci.beverly-hills.ca.us/municode/title5/chapter2/article1/5-2.108.html Sec. 5-2.108. Cat kennels prohibited. No person shall own, conduct, or maintain any cat kennel within the City. For the purposes of this Section, "cat kennel" shall mean any dwelling unit, structure, or premises whereon or wherein six (6) or more cats over the age of four (4) months are kept, harbored, or maintained for any purpose, other than in a pet store for sales to the public or for care or treatment in an animal hospital. (5-1.105 Amd.) 11/03/1999 so me 11111 I MS M O IMII MI MO IIIII MS I I MN IN City of Newport Beach Municipal Code Page 1 of 2 City of Newport Beach Municipal Code Preface CHARTER TRie 1 GENERAL PROVISIONS Title 2 ADMINISTRATION AND PERSONNEL Ude 3 REVENUE AND FINANCE Title 4 (Reserved) Tttlo 5 BUSINESS UCENSES AND REGULATIONS' Title 6 HEALTH AND SANITATION TM. 7MURALS Title 0 [Reserved) Title 9 FIRE CODE Tide 10 OFFENSES AND NUISANCES* Title 11 RECREATIONAL ACTIVITIES* TRW 12 VEHICLES AND TRAFFIC' Title 13 STREETS SIDEWALKS AND PUBLIC PROPERTY Title 14 WATER AND SEWERS' Title 15 BUILDINGS AND CONSTRUCTION' Title 15 [Reserved] TUN 17 ANCHORAGE AND MOORING REGULATIONS' Title 17 [Reserved) Ude 19 SUBDIVISIONS' Title 20 PLANNING AND ZONING' Files listed below requite Adobe Acrobat Reader 3.0. Statutory References -htt://ordlink.com/codes/ne ortb/maintoc.htm P �'P 11/03/1999 Mr r' — r---— NM Or OM NS I all Mr MI s I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Title 7 ANIMALS Melo Table of Contents Page 1 of 1 Title 7 ANIMALS Chapter 114 DOGS' Chapter 716 HORSES PROHIBITED ON BEACHES Chapter 1.00 WILD ANIMALS Chapter 1.12 LIVESTOCK Chapter7.15 FOWL Chapter 7.16 ANIMALS AT IARCE—IMPOUNDING Chapter 1.20 ANIMAL NUISANCES Chapter 7.25 APIARIES 1 http://ordlink.com/codes/newportb/_DATA/TITLE07/index.html 11/03/1999 NM O MI 111111 N N 11111 11111 MI NS O 111111 11111 7.04.090 Kennel License Fee. Title 1 ANIMALS Chapter 1.04 D06S' Page 1 of 1 7.04.090 Kennel License Fee. Every person who barbers mere than three dogs ever the age if three months on any premises in the City, except so business premises en which a licensed business is operated which reasonably Includes keeping dogs, shall be deemed to have a dog kennel. All persons owning er operating a dog kennel most obtain a kennel license, from the license division, for a fee which shall be established by reselotles of the City Council. lord. 89-8 § 6,1989: Ort 868,1958:1949 Cede § 41121 i http//ordlink.com/codes/newportb/_DATA/TITLE.../7_04_090_Kennel_License_Fee_.htm 11/03/1999 1 Ila la N all = M all SIB 111111 all 11111 1111I M all I I El Segundo Municipal pal Code I Title 8 - ANIMALS I Chapter 8.02 ANIMAL REGULATIONS ISections: 8-02.htm Page 1 of 4 8.02.010 PERMIT REQUIRED. I 8.02.020 ANIMALS PERMITTED. 8.02.030 ANIMALS PROHIBITED. 8.02.040 ANIMALS PERMITTED -CIRCUS. I 8.02.050 ANIMALS PERMITTED -LABORATORY. 8.02.060 ANIMALS PERMITTED -SCHOOL. 8.02.070 PERMIT FOR KEEPING ANIMALS. I 8.02.080 APPLICATION -PERMIT. 8.02.090 CRITERIA FOR APPROVAL. 8.02.100 CRITERIA FOR APPROVAL -FIRST PERMIT. I 8.02.110 EXPIRATION OF PERMITS. 8.02.120 APPEAL OF DECISION OF DIRECTOR OF PLANNING -FEE. 8.02.130 PLANNING COMMISSION HEARING NOTICE -PUBLICATION -MAILING. 1 8.02.140 PLANNING COMMISSION DECISION BY RESOLUTION. 8.02.150 PLANNING COMMISSION DECISION FINAL. 8.02.160 PLANNING COMMISSION NOTICE OF DECISION. 1 8.02.170 GROUNDS FOR REVOCATION. 8.02.010 PERMIT REQUIRED. I It shall be unlawful for any person to keep or maintain, or have in possession or under control in the I city, any living member of the animal kingdom except human beings, except as permitted by this chapter and without having applied for and received a permit as hereinafter provided. (Ord. 790). I8.02.020 ANIMALS PERMITTED. It shall be lawful for any person to keep or maintain or have in possession or under control in the city Ithe following animals: (1) Canaries and birds of the psittacine family kept as household pets or as a hobby only, not Iexceeding ten in number; (2) Fish and turtles kept as household pets or as a hobby only; (3) Hamsters, white rats or guinea pigs as household pets or as a hobby only, not exceeding ten in the aggregate and the young thereof not exceeding three months in age; 1 (4) Hen chickens, kept as household pets or as a hobby, not to exceed five in number when kept in http://www.scag.org/homepages/el_segundo/8-02.htm 11/03/1999 M — — — — r — rr Nr — s BM — — MI — — Me MS 1 1 1 1 I http://www.scag.org/homepages/el_segundo/8-02.htm 11/03/1999 8-02.htm Page 2 of 4 facilities that are humane and adequate as to sanitation and security; (5) Rabbits as household pets or as a hobby only, not exceeding four in number and the young thereof not exceeding four months in age; (6) In one -family and two-family dwellings or duplexes, dogs and cats not to exceed three for each residential living unit in any combination thereof and the young thereof not exceeding four months in age; (7) In dwelling units other than one -family and two-family dwellings or duplexes, one dog or cat per unit and the young thereof not exceeding four months in age; (8) Except in residential districts, dogs used for guard or sentry purposes. (Ord. 825). 8.02.030 ANIMALS PROHIBITED. Except as provided in Sections 8.02.040, 8.02.050, and 8.02.060, no person shall keep or maintain or have in his possession or under his control any poisonous or venomous snake or any wild, carnivorous animal. (Ord. 790). 8.02.040 ANIMALS PERMITTED - CIRCUS. All animals enumerated in this chapter may be kept within the city in connection with any circus, carnival or wild west show, or in conjunction with any parade for which a permit has been issued; provided, however, that without the approval of the director of planning, animals may not be brought into the city more than twenty-four hours before the first performance of the circus, carnival or wild west show or the start of the parade, as the case may be, nor may animals be kept within the city without the approval of the director of planning for more than twenty-four hours after the conclusion of the last performance of a circus, carnival or wild west show or within twenty-four hours after the conclusion of a parade. (Ord. 790). 8.02.050 ANIMALS PERMITTED - LABORATORY. All animals enumerated in this chapter may be kept within the city in connection with a laboratory that holds a valid clinical laboratory permit issued by the State Department of Health. (Ord. 790). 8.02.060 ANIMALS PERMITTED - SCHOOL. All animals enumerated in this chapter may be kept within the city in a public or private school licensed by the state of California. (Ord. 790). 8.02.070 PERMIT FOR KEEPING ANIMALS. Any person may keep animals other than or in excess of the animals enumerated in Section 8.02.020 and may keep the animals enumerated in Section 8.02.030 in the circumstances described in Sections 8.02.040, 8.02.050 and 8.02.060 by securing a permit for the keeping of such animals. (Ord. 790). 8.02.080 APPLICATION - PERMIT. MN i OM I— all S al I MI s 1 M N N N OM r NM 1 t 1 1 1 1 8-02.htm Page 3 of 4 An application for a permit shall be initiated by filing a verified application on a form furnished by the director of planning stating fully the applicant's name, address, and telephone number; the number and kind of animals for which a permit is requested; the number and kind of other animals kept on the premises; the type and location of caging, if applicable; and other information required by the director of planning upon receipt of the application. The director of planning shall make or cause -to be made such investigation as he deems appropriate. (Ord. 790). 8.02.090 CRITERIA FOR APPROVAL. The director of planning shall issue or renew the permit if he finds: (1) That the issuance of such permit will not adversely affect the public peace, health or safety; (2) That the keeping of such animals will not violate any provision of law; and (3) That the facilities for keeping such animals are humane and adequate under the circumstances as to security and sanitation. (Ord. 790). 8.02.100 CRITERIA FOR APPROVAL - FIRST PERMIT PERIOD. Notwithstanding the provisions of Section 8.02.090 the director of planning shall on any application filed with him prior to December 31, 1972, issue the permit if he finds that the applicant was lawfully keeping the animals applied for on July 1, 1972. (Ord. 790). 8.02.110 EXPIRATION OF PERMITS. All permits issued on or before October 31st of any year shall expire on December 31st of that year. Any permit issued on or after November 1st of any year shall expire on December 31st of the next succeeding year. (Ord. 790). 8.02.120 APPEAL OF DECISION OF DIRECTOR OF PLANNING - FEE. Any person dissatisfied with the decision of the director of planning may file an appeal of such decision with the planning commission by filing a written notice of appeal in letter form accompanied by a fee of twenty-five dollars, said fee to cover the cost of posting, postage, advertising and other costs incident to the proceedings. Said notice of appeal may be filed at any time after the decision of the director of planning has been made; provided, however, that an appeal may not be filed on the granting of such permit after ten days have expired from the action of the director of planning in granting such permit. (Ord. 790). 8.02.130 PLANNING COMMISSION HEARING NOTICE - PUBLICATION - MAILING. When an appeal is filed, the director of planning shall give notice of a public hearing by mailing a letter notice, first class mail with postage prepaid, to the applicant and to the owners of property abutting the boundary of the property that is the subject of the application for an animal permit, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of Los Angeles County. Such notice shall contain the address, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will http://www.scag.org/homepages/el_segundo/8-02.htm 11/03/1999 MB i NM 1— r 1 N MP 0 WS 0 an i r MN ON 1 UN 8-02.htm Page 4 of 4 be held. (Ord. 790). 8.02.140 PLANNING COMMISSION DECISION BY RESOLUTION. The planning commission shall announce its decision by resolution. (Ord. 790). 8.02.150 PLANNING COMMISSION DECISION FINAL. Any action by the planning commission on such matters shall be by the affirmative votes of at least three members of the planning commission and shall be final and conclusive. (Ord. 790). 8.02.160 PLANNING COMMISSION NOTICE OF DECISION. Not later than fifteen days following the adoption of a resolution ordering that an appeal be granted or denied, a copy of the resolution shall be mailed to the applicant and to any other party requesting notice of the action. (Ord. 790). 8.02.170 GROUNDS FOR REVOCATION. Any animal permit issued pursuant to the provisions of this chapter may be revoked by the planning commission for cause. In the event the planning commission determines to initiate proceedings for the revocation of any animal permit said commission shall adopt a resolution declaring its intention to revoke such permit and fix a time and place for a hearing on said resolution. No such hearing shall be held unless a copy of the resolution is mailed to the permittee not less than five days prior to the hearing. At such hearing the planning commission shall hear all evidence presented material to its determination and may revoke the permit following such hearing by resolution after it finds: (1) That the permit, or a prior permit of which the permit is an extension, was obtained by fraud; (2) That the permittee has violated the law in keeping such animal; and (3) That the animal or animals endanger the public peace, health or safety by reason of noise, dust, odor or sanitation. (Ord. 790). Return to Municipal Code Index -" -http://www.scag.org/homepages/el_segundo/8-02.htm 11/03/1999 MN I i MO MN r/ r M I i E- i s i f M- um s— In on us s s s s s s s as ss in as s s Photo Exhibit I UN NM- O I- r 1 1 IN E MI N- MD- w= N P_ 1 NB— N— — all — ! =— MI n all 1 i EN I 11111 I In IND NIB NMI OM MN Ell MI =I EMI Ell 1E1 MINI EMI MI 11111 OM IMO =I INIII I NM MI SE M i In 1 M M r — E— M— N 1111111 NM MI M - OM r= MP MI= Ell 111011 111M1 M N IIIII C v Nv 0" "O J,.tva I= i M N MI MI M MO i r M=- M N I M MN 3 MI e MO MN N I I M— r M M In l M MO r r E I4:1 p a— all all all a— N— — M M all N M r Ma MI INN is am w en r r am am so as au EN M--- r r MI 4e 6 NMI I 111111 1111111 111111 NO NM IINI NIM NO NM I NO M 11111 1IN 111111 ' 5L. 'r‘4' NM w M- MN M M MI N r NM NM M I N N-- in on on am r ow In am r as r ism r um or on m -- Declaration of Glaves 1 1 1 t 1 1 1 1 1 1 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 DECLARATION OF COREY and SHARON GLAVE Corey W. Glave and Sharon Lundy -Glave declare as follows: 1. We are residents of the City of Hermosa Beach, County of Los Angeles, State of California. We are at least eighteen years of age. If called to, we could competently testify to the following of our own personal knowledge, except those matters stated on information and belief. 2. Corey Glave lives with his wife, Sharon Lundy -Glave, and 10 month old baby, Logan, at 1042 2nd Street, Hermosa Beach, California. This piece of property is a double lot with an eleven hundred square foot house and a detached garage. The entire yard, with the exception of a small driveway, is surrounded by various types of fencing. The property does not include a sundeck of any kind. 3. In December 1991, we moved in together at the above address and we care of the above property until we purchased the land from Sharon's grandmother's estate in September 1993. 4. In March of 1992, prior to being married, Corey bought Sharon a golden retriever puppy for her birthday. This dog was named Gator. Gator is Sharon's sole and separate property under the law. 5. In June 1992, prior to being married, Sharon bought Corey a golden retriever puppy for his birthday. This dog was named Taz. Taz is Corey's sole and separate property under the law. 6. In December 1997, Sharon adopted an abandoned dog that was rescued from a junk yard. This dog was named L.G. 7. In December 1998, Sharon took a leave from work as we were expecting our first baby in late December or early January. Logan was born in January 1999. Sharon stayed off work to be home with the baby until March 1999. 8. We have compiled a true and correct history of relevant events 1 DECLARATION OF COREY AND SHARON GLAVE MI i - NB M NS s IN - NS r - MB MI MI - H MD 11111 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 111 18 19 111 20 I21 22 23 24 w 25 26 27 28 related to our dogs since the date we bought them until the filing of our brief in support of the granting of our appeal from the denial of a permit for 3 dogs. Please see attached history which will be referred to throughout this brief and is incorporated herein as though set forth fully. 9. Since 1994, we have been very cognizant of when our dogs bark. If they do bark, we try to go and see what they are barking at. On several occasions, that investigation has resulted in us calling the police due to suspicious people in our neighborhood and ended up in the arrest of a couple of auto burglars. 10. At least since our baby was born in January, we, with very few exceptions, clean our yard of dog feces on a daily basis and have never gone more than two days without picking up after them. We try to maintain our yard in a clean and sanitary condition and have never received any complaints about the condition of our yard or any odor or smell emanating from it. 11. Since we obtained Gator, our dogs have never been locked out of the house overnight, and since our baby was born, we have locked the dogs in the house at night almost every night. 12. Since From December 1997 to October 1999, there has been a total of 6 times that we have both been away from our house, overnight. When this did occur, the dogs had access to the house via a dog door and one of our neighbors, would come over and feed them and watch them for us. There was only one time when we were gone for two days and Ms. Down was also gone during the time period. 13. Due to the type of work Corey does, he was and is able to work out of the house on a regular basis. After March of this year, he usually worked out of the house at least once or twice a week and sometimes the whole week. During this time, that we have been home, we never witnessed any excessive barking from our dogs. 2 DECLARATION OF COREY AND SHARON GLAVE NM N UM - - - - - - - MB M - i r - M 1 1 1 1 1 t 1 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 14. Since March, when Sharon returned to work, she has had Monday off as one of her regularly schedule days off and normally worked one Friday a month. During this time period, Sharon has never observed anytime where our dogs barked excessively. 15. We have seen Ms. Downs, on a number of occasions, have guests over to her house for social gatherings. We know of know time that any actions on the part of ourselves or our dogs that prevented her from enjoying the use of her property for these gathering. Ms. Downs, however, has on a number of occasions had her guest and people staying at her house for extended periods of time use her side yard (between her and our house) as the means of entering her house, instead of using the front door. If she was truly having a problem with our dogs, one would expect her to try to minimize the activity on that side of the house. 16. On a number of occasions we have observed Ms. Downs staring at us as we play with our child and/or dogs in our backyard. She will just stand on her deck and stare in our direction for no apparent reason. 17. We have been informed, and thereon believe, that Vince Balvin and the Downs have been long time family friends or acquaintances. 18. We were informed by neighbors on our street that Animal Control Officers were coming onto our property, standing in our driveway in front of our gates and causing our dogs to bark. The neighbor reported to us that he told the officers that the only time the dogs bark for any extended period of time is when the officer stands in our driveway. We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 8, 1999, at Hermosa Beach, California. 3 DECLARATION OF COREY AND SHARON GLAVE ■■s N i—! NM N 1 NB N i'! MI w E NM i In 1 2 3 4 5 6 7 8 9 10 11 12 13 ' 14 15 16 17 18 19 i20 I21 22 23 t 1 24 25 26 27 28 COREY GLAVE 4/41)4)LtdiND--GLAVE 4 -DECLARATION OF COREY AND SHARON GLAVE N ME- N! I i M M= N V MI OM N- E M V 11111 1 I— — 1 MI— s NM— s N s E M S— NS A History of Events 03/92: 06/92 02/94: Corey got Gator for Sharon for her birthday Sharon got Taz for Corey for his birthday Animal Nuisance Survey conducted 2/08/94: Ph/c to Animal Control: officer states that: Guy (complainant) is calling everyone and is a real pain Chief (Straser) wants us (animal control) to keep at it. Of the surveys put out 1 has a problem, 1 is neutral and 10 surveys returned say no problem exist or identify a different house Every time AC come by the dogs are quiet. Chief instructed to cite if a problem is seen, ex: substantial problems with dogs barking at nothing. Said he may be able to give us copies of survey, but is not sure. (NOTE: never given/received) The matter is political, the complainant is calling high ups/ not calling AC 12/20/94: Citation issued by Balvin. Excessive barking. K-9 officer is back up to AC. K-9 is barking entire time they are here. Our dogs bark also. Balvin claims he was where dogs couldn't see him, but he could see dogs. Then changes his story. He say all four dogs were barking. Mandy is not here today, only Jack jumped fence. He then says not all dogs were barking. Balvin changes story several times. I asked female k-9 handler to come up to witness his changing story. She says she is not AC and only here to insure nothing happens. (NOTE: CITATION IS DISMISSED, MEERSAND TELLS JUDGE IN CHAMBERS THAT HE HAS NO EVIDENCE, DISMISSED INTEREST OF JUSTICE.) 12/22/97: Sharon gets L.G., he is immediately taken to animal hospital where first diagnosis is that he has distemper and will have to be put down. Second set of test indicate not distemper by viral pneumonia. 10/27/98: Register all three dogs and City issues a license for each dog. 1111 111111 N i - 1= E I-- N-- i - S MI OM t 1 1 1 1 Undated note: After mowing the lawn, I sprayed the sidewalks down. Downs comes over and complains that the clippings are in the gutter in front of her house and when she drives through it, the grass ends up in the garage. I explained that it was not intentional but that water - - —flowed down -hill. She becomes abusive so I ask her to leave our property. She continues on. I ask her again to leave my property and if she remains she will be trespassing. She walks away. After she is on the sidewalk, at about the area in front of the door, she remarks I better have a permit for 3 dogs. Undated note: We speak to Karen who said she has seen Downs tease the dogs through the fence and is willing to testify or sign a declaration as to what she saw. Undated note: Downs is with male in he backyard, flashing flashlight into our yard. She goes around her yard and then stands on deck flashing the light in our yard and trees. 5/10/99: Form letter from Meersand re: excessive barking. 5/26/99: Letter from Balvin re: three dogs. Apply for permit or be cited. 5/27/99: Down hits fence with her hand when L.G. is standing near the fence. She was pulling weeds or picking up leaves while kneeling down while on her concrete walk way. She was not off balance as she remained in same position after she hit the fence. I decide to note strange occurrences. Undated note: Children in yard and dogs begin to bark. I brought dogs inside for 45 minutes to an hour. When I let them back outside there is no more barking. Undated note: Downs sprays water at LG through the fence. When I walk out to the yard, she stops and appears to be watering her plants. The water mark on the fence is higher than what one would expect for watering bushes. There are no plants or branches in that area. 5/28/99: Sharon say dogs barked at neighbor loading his dog into car and for approximately 5 seconds at Downs, but she (Sharon) controlled the dogs immediately. Oa i MB i_ ■i N NM— r■ I N MI i i 1 all N NM At approx. 6:00 pm, Downs is in the backyard weeding or gardening near the fence. LG cries near fence. I come out to check and call LG to me. Downs says "that dog has to go". I tell her that if she doesn't tease the dog it wouldn't react. She replies "Yeah right, I'm just gardening." I said I've seen it and so have other people. Downs doesn't deny it butinfers that no witnesses exist. 6/05/99: Dogs bark two or 3 times during day. Barking last no longer than 3-4 seconds at a time. At 3:30 Downs is in the yard with a child. Child comes right up to fence and talks to LG. LG whines for 10-15 seconds then stops. 6/07/99: Letter to Meersand from CWG in reply to May 10, 1999, form letter re: excessive barking, with attached survey. 6/07/99: Filed Application for permit to have 3 dogs. 6/09/99: Sharon see Downs taking trash cans out. Downs hits the fence and the dogs barked for about 15 seconds. 6/16/99: Public Hearing Signs posted initially at: 1206 2"d street 200 Hollowwell 1108 2"d Street 1042 2"d Street 1031 2"d street 959 2nd street 925 2"d street 302 Hopkins 1061 3`d street 1105 1" place 125 Barney Ct. Corner Barney Ct./ 1" Street (Nothing on Meyer Ct., 1" Street, After a week or so, signs moved to other locations including up hill on 2"d street. 7/30/99: Department of Health Services inspects the yards Inspector says yard is really maintained well and sees not problem with yard or animals. i i i i all i i i i i i i i i i i i i i 8/21 or 22/99: Downs has grandchild over. Child would call to dogs "doggie, doggie here". LG would run back and forth along fence barking as child ran back and forth. Downs never told the child not to do it, not to tease dogs or not to make dogs bark. This lasted 1-2 minutes. After_I went.out back, -LG stopped even though child called to the dogs two more times. 8/23/99: CA Water Service working in back brick area. Dogs bark for approx 30 seconds. When I go out to check on what dogs are barking at, barking stops and dogs don't bark at them anymore. Workers said dogs didn't bother them. 8/25/99: CA Water Service is in back working in brick area. LG barks 3 times, Gator 1 time and Taz 1 time then stops. CA Water back there at least 45 minutes. Workers said dogs didn't bother them. 9/08/99: Letter from A/C Application for Permit denied. Reason, prior problem, Downs says they bark at her. 9/13/99: Letter to Balvin requesting materials decision to deny application for permit was based. 9/14/99: Public Records Act request. 9/23/99: Filed appeal from denial of permit. City Clerk/counter person indicated that there was not application for such an appeal the finance code didn't work as the computer did not recognize the code. She explained that she had never seen this type of appeal before and one has never been handled by the computer system. 9/28/99: City sends out response to Public Records Act request. Documents incomplete and not all requests are responded to. Rec'd 9/29/99. 9/29/99: Downs moving trash cans around, constantly in and out of her backyard, clipping bushes, shrubs. No barking at all. (4:30-5:00 p.m.) — Ms In ■M E i MO i w M■ — I= I I w N MI WM 10/01/99: Corey home all day except 11-12 noon. No barking 10/02/99: — No barking while home 7-10 and 2 -end of day 10/03/99: Sharon home all day. No barking. 10/04/99: Sharon home all day. No barking. Corey gone from 8-10 am. When home, no barking. 10/05/99: Corey in ofc from 11:-2. No barking while home. Downs gets home at 4:49 p.m. Two minutes later a cat exits her backyard along our wood fence bordering the dog run. Dogs barked at it for 10-15 seconds. There was no other barking the rest of the day. 10/06/99: Corey home until 2:00. No barking. Corey home again at 6:00, no barking afterwards. 10/7/99: Corey leaves at 10:00 am to 4:30. When get home, Cary, Downs, other neighbor out front talking. Dogs aren't barking. Downs goes inside. I talk to Cary and neighbor for couple minutes. Dog only bark when Cary's son goes to gate and yells woof, woof. Woof, woof. Cary comes over and gets child. Dog don't bark anymore that night. 10/8/99-10/10/99: Corey/Sharon leave for S.B. at 2:00. No barking problem. Dog door open, dogs inside when we left. Downs gets home right before we leave. Ed Lundy stays at house over weekend. He reported dogs did not bark other than when dogs walked by. 10/11/99: Eddy here in morning until 9:00 am Corey/Sharon get home at 6:00. No barking problem M r PIM Mil M 1111111 N ,MN N M MI MN M MN MI NM E M MI ' 10/12/99: 1 r r t 1 Sharon/Corey home all day. No dog barking at all. 10/13/99 Sharon_home-all-day. -No -barking problem Corey home 1:30. No barking problem. 10/14/99: Corey home all day Sharon leaves approx 10:00 Dogs bark approx 20 seconds then parking control scooter leaves area. No other barking 10/15/99: Corey home all day. Gardeners working nearby, neighbors moving into house, No barking Downs home 3:30 10/16/99: In morning, dogs bark briefly at side and front. Downs leaves her house, via westside gate (Why?). At same time, advertisements being placed on doors. When she returns, dogs go to fence but don't bark. She works in front yard and dogs don't bark. When she opens side gate, Gator barks once/LG barks 3-5 seconds, stops and goes and sits on concrete. No more barking, no verbal commands given to dogs. She waters fence area then goes inside. Water marks on fence consistent with watering plants, ie not like previous times when water mark was high on fence and trying to spray dogs. She leaves again (in her car, with lawn mower) at 9:30 Corey at beach 9:30 to 2:00 then home all day. No barking problems 10/17/99: Corey home until 9:30 then beach until 2:00, dog door left open When home, no problem with dogs barking. 10/18/99: Corey home all day. No barking problem Sharon home until Logan's dr. appt. Downs home at 5:00 10/19/99: Corey home all day working Dogs bark briefly at So. Cal. Edison while working on pole. Philips comes by, dogs don't bark, but howl at siren for approx 10 secs. Downs home at 4:30 NIN Ila P as — 'Osi a ma am am am rum ow um um INN um 10/20/99: Corey at ofc until 3:00 No dogs barking while home —10/21/99: Corey home all day. Working on yard. Neighbors come over to discuss survey, comes over to pet dogs. No barking at all. Downs home at 4:20 pm 10/22/99: Corey home most of day. (Gone one hour for dr. appt) Home reviewing transcripts Neighbors have property surveyed. Two sets of gardeners working on neighbors. No barking Downs home at 1:10. 10/23/99: Cary's child in backyard, near fence waiving flag. Initial bark, but stopped within seconds. Corey to SB, dog door left open, dogs inside when he left. Grandchild in front yard. 10/24/99: Sharon home all day. Dogs only barked when Downs had friends over and they entered the yard through the side gate. After initial entrance, dogs watched guests but did not bark. Corey home approx 1:30 p.m. Only time dogs barked was when Downs entered westside gate. Barked approx 10 secs and did not bark again. She watered yard, walked around. 10/25/99: Sharon home all day. No problem with dogs. Corey home at 3:00. No problem with dogs. Downs gets home at 4:33. Dogs don't bark Approx 8:00 pm Taz barks at West side: Roger (in Johns old car) putting up No Sam sign Roger talks to Downs, she says she already called on dogs. 10/26/99: Corey home all day. Second requests for public records is sent. City issues licenses to all three dogs. SEE ATTACHED LIST OF EVENTS FOR 10/26/99 Nol am mil NE mui Ms mit MIN ow INN sim INN mu ams 1111111 NM 1 I a 1 ti 1 t 1 r 10/27/99: Corey gets home prior to Downs. When Downs comes home she goes into her house. Moments later she exits through her back door, walks along the side yard and goes back out front...no apparent reason. Dogs don't bark at her. 10/28/99: Downs leaves at 7:42 a.m. No barking problem observed 10/29/99: Sharon home all day. No barking problem with dogs Corey home except from 9:00 to 11:30 a.m. and running errands. No barking problem Surveyor working in front of house. 10/30/99 Corey home, except at beach 9:30 through 2:30 p.m. No barking problem. 10/31/99: Sharon home during day. No problem. Dogs barked when sign being put up. 11/01/99: Sharon home all day. No barking problem 11/02/99: Corey home after 1:30 p.m., until pick the kid up and vote. No barking problem 11/0 3/99: Chief of Police and Balvin serve us with notice that the City Council hearing will be held on Nov. 9, 1999, but the staff report isn't available for review until Nov. 4. That gives us a total of two working days to prepare. After returning from dropping kid off, read notice, then go to get something to drink (refrig) and see white truck behind back fence in red zone. Dogs are not barking. Straser and Balvin are back there talking. So I talk to chief Chief said that City Attorney was reviewing letter (PRA) for a formal response, but in the mean time they are getting the documents together. Chief indicates that there weren't any other neighborhood surveys. Balvin corrects him but claims that the records do not exist any more. Balvin also acknowledges that I was given incomplete records in the City's first response. I informed Straser that by not providing us with complete copies and having the staff report first available on the 4`h, that the City was denying us due process. Chief states that he would expect nothing less from me (inference to other dealings with him) i A 1 1 1 Corey home all day (except to pick up cable box and get haircut, drop off/pick up baby) No barking problem. Only time bark is when sirens go by or when political signs are picked up. L.G. barked twice (single barks) while I talked to Straser. 11/04/99: Corey home all day. No barking problem. L.G. howls after other dogs start and siren heard. Lasts 5 seconds. They don't bark at gardeners, trash men, mail person, or at people walking street. No barking problem all day. Corey gone from 4:15 to 5:20 to pick up Logan. No barking problem at night other than dogs chase rat and bark for 4-5 seconds. 11/5/99: Corey and Sharon home all day. No barking problems Balvin (and one other animal control officer) deliver response to public records. Dogs didn't bark at them. Corey reviewed all material provided by city (excess of 650 pages). None of the animal control logs, for the time period of March 1999 to October 1999, have any negative reference to 1042 2"d Street, contain no evidence of any barking problem at our house, and one indicates that an animal control officer, in April 1999, sat outside Creighton's house and heard no barking. 11/6/99: Corey home all day except when went to P.D. to get copy of Chiefs memo and take some photos. No barking problem. Corey spoke to Ken Meersand, the City Prosecutor, while at the Police Department. Mr. Meersand indicated that he did not know that the form letter had been sent out or know about of any of the events leading up to the letter being sent out. Any disagreement with the content of the letter should have been addressed with animal control, not his office. 11/7/99: Sharon home until 11:00, Corey get back from beach at 2:00. No barking problem 11/8/99: Corey and Sharon home all day. No barking problem. NM i— i i i 0 MP ION ea i N Ina i i— i i pm Day in the Life of the nnrtc MIN 111111 11111111 MIS IIIIIII 11111 ON MIS 11.0 OM SIN MI lie III. MP MS MIN TUESDAY, OCTOBER 26, 1999: 12:00-8:50 a.m.: Dogs are inside except for them going outside to go to the bathroom. 8:00-8:45 Corey takes Logan to babysitters, Sharon home. No barking occurs. 0851: 0855: 0856: 0904: 0914: 0920: 1014: Next door neighbor leaves house and Corey talks to him and his girlfriend out front. Dogs don't bark Man walks by with a dog. All three dogs bark for approximately 3-4 seconds Grandmother from across the street walking by with baby and stops to look at the Halloween flag. Dogs don't bark. Siren is heard. L.G. howls at noise for 23 seconds Gardeners arrive in two separate trucks for house two doors down, but park in front of our house. Dogs don't bark. Dogs up the street are barking. Our dogs don't bark. Gardeners continue to walk back and forth to their trucks and the neighbor's yard. Dog don't bark at them. 1053-1145: No barking by our dogs. Neighbors coming and going. Gardeners continue to walk back and forth to their trucks. Behind our yard on Barney Ct. (3-4 houses up) construction works working on a house. They can be heard talking and working from our yard. 1145-1217: No barking by our dogs. Two separate advertisers deliver hand bills. Bills are placed on the picket fence gate near driveway gates. (Bill attached hereto) 1217: Fed Ex delivery to house couple doors up. Dogs do not bark. Hand bill is placed on back gate. Dogs don't bark at either event. MI Mai Me Mil MS MO Mr OW 4,11 ellik tie al MN NIP Nei ala 1217-1302: No barking by our dogs. Neighbors coming and going. 1302-1404: - No barking by our dogs. coming and going. Other dogs in neighborhood can be heard barking and neighbors 1402-1425: No barking by our dogs. Gator and L.G. playing. L.G. barks twice. L.G. barks five times at neighbor's dog which was hanging out of the side window. 1430-1453: No barking by our dogs. 1425: 1430: 1453: 1457: Sirens can be heard for about 30 seconds then L.G. and Gator howl for 43 seconds. At the same time our dogs howl, other dogs also bark and howl, but they continue after our dogs have stopped. U.S. mail is delivered. Our dogs don't bark at her. 1457-1510: No barking by our dogs. 1510: Sirens can be heard for 52 seconds. Our dogs don't howl or bark. 1510-1530: No barking by our dogs. 1530: Sirens for 10 seconds then L.G. howls for 16 seconds. He stops howling even though sirens continue. Other dogs in area continue howling 1530-1550: No barking by our dogs 1550: L.G. single bark at Gator me au gm fa lir al ans 111111 OS MO lir al ma as EN am 1558: 1600: Taz barks five seconds at back street where construction worker is loading his truck. Siren can be heard for 10-15 seconds. Our dogs don't bark or howl 1601-1730: Corey goes to pick up Logan, go to post office and goes to get license for all 3 dogs. 1730: 1735: Corey gets home. Taz and L.G. are laying by gate and Gator is laying on bricks by garage. Boy from two houses ups runs by in loud flip-flops but dog don't bark. Women up street plays ball with her golden retriever on the side walk. Our dogs bark for 5 seconds and then stop. Other dogs in the area also barking. 1735-1830: No barking by our dogs. During this time, kids running up and down the street and neighbors are coming and going. 1831: 1833: Siren sound for a couple seconds. Our dogs don't bark or howl Taz growls at back fence for 4 seconds. 1833-1920: No barking by our dogs. 1920: All three dogs looking into tree. Each barks 1-2 times. (Rats from the illegal runoff pipe are going into the guava tree for the fruit.) 1920-1935: Corey and Logan play with dogs in the backyard. No barking occurs 1935-2040: No barking by our dogs. Dogs are brought in for the night. 2040-2359: No barking by our dogs. Total time barking= 117 seconds, or maximum of two minutes in a twenty four hour period. in au lir •• (OW WI WO SO WI WS IWO WO OW 1110 UN OW 1 1 t a I COVER i r 1 1 1 YOUR OVERHANG AND TRIM BOARD FOR GOOD! Never paint again, offer good for all homes, STUCCO homes or any type of frame homes. BEFORE AFTER BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 6442 SANTA ANA CA POSTAGE WILL BE PAID BY THE ADDRESSEE BETTER HOME EXTERIORS ADVERTISING DEPT. PO BOX 27788 SANTA ANA CA 92799-9795 11.111.1111111111111111111111 tl 11111111111111111.111 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES BEFORE IN YOUR NEIGHBORFOODI ARE NEEDED FOR THIS FANTASTIC PROMOTION!' These jobs will be installed regardless of cost. Your home may qualify depending upon age of home and type of architecture. BEAUTIFUL COLORS Every homeowner recognizes that the toughest, most expensive (yes, and dangerous) place to paint is the area underneath the roof overhang (soffit) and along the roof edges (fascia). Even owners of stucco homes don't escape this painting problem area! Our custom fabricated material frees you of this costly maintenance problem, and risky ladder climbing forever. We cover all wood under eaves and fascia plus all window and door trim, even porch ceilings to make a total maintenance free home you can really enjoy. 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(Y) ( ) () ( ) () My home is a corner lot My home is stucco My stucco needs attention Have interest in replacement I plan to keep my home windows I have lived in my house for years. Name Phone Address City State The best time to call me is A.M. PM. r t 1 1 1 1 1 1 r 1 Dear Hermosa Neighbor: Now may be one of the best times ever to make a move ! With a strong economy and low interest rates the real estate market is HOT ! We want to help ! Here are the sales that were reported on the Multiple Listing Service last month: ADDRESS (Block Number) 1103 2Nd St. 1245 7th St. 1127 14th St. 1120 1st St. 1241 1st St. 1922 Rhodes 1130 1st St. 325 Gentry 940 rd St. 1413 Prospect BEDS/BATHS SQFT LIST SOLD 2 1 2 1 3 2.5 3 1.75 3 2.5 3 1.75 3 3 3 2 3 2.5 4 3.5 *South Bay Brokers Listings 836 897 1751 1458 1810 1423 1924 1330 2115 3550 $299,000 $359,000 $365,000 $399,000 $419,000 $422,000 $429,000 $458,000 $599,000 $799,900 $258,500 $359,000 $355,000 $400,000* $419,000 $425,000 $435,000 $458,000 $585,000* $790,000 If you are interested in buying or selling real estate, or would just like to know more please call us and we will send you a detailed report on the current market. There is no obligation for this report and no hassles ! If your home is currently listed please disregard this letter. It is not our intention to solicit other broker's listings. Sincerely, Frank Baffa Sean Goodsell (310) 722-4361 (310) 748-6647 e mail address : FrankBaffa@AOL.com Sgoodsell@AOL.com OM MIN in ON Mill NB OM al NO al all SIP alt SIN la MN la MO la 1 1 1 1 t r 1 1 1 1 r 1 1 of X19 3 jib,m-‘_ Dear Hermosa Neighbor: Now may be one of the best times ever to make a move ! With a strong economy and low interest rates the real estate market is HOT ! We want to help ! Here are the sales that were reported on the Multiple Listing Service last month: ADDRESS BEDS/BATHS SQFT LIST SOLD (Block Number) 1103 2Nd St. 1245 7th St. 1127 14`1 St. 1120 1st St. 1241 1st St. 1922 Rhodes 1130 1st St. 325 Gentry 940 2nd St. 1413 Prospect 2 1 2 1 3 2.5 3 1.75 3 2.5 3 1.75 3 3 3 2 3 2.5 4 3.5 *South Bay Brokers Listings 836 897 1751 1458 1810 1423 1924 1330 2115 3550 $299,000 $359,000 $365,000 $399,000 $419,000 $422,000 $429,000 $458,000 $599,000 $799,900 $258,500 $359,000 $355,000 $400,000* $419,000 $425,000 $435,000 $458,000 $585,000* $790,000 If you are interested in buying or selling real estate, or would just like to know more please call us and we will send you a detailed report on the current market. There is no obligation for this report and no hassles ! If your home is currently listed please disregard this letter. It is not our intention to solicit other broker's listings. Sincerely, Frank Baffa (310) 722-4361 Sean Goodsell (310) 748-6647 e mail address : FrankBaffa@AOL.com Sgoodsell@AOL.com