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2024 Hermosa Beach City Council

Candidate Debate

Questions & Format


The 2024 Hermosa Beach City Council Candidate Debate

takes place on Thursday, September 26, 2024

From 7 pm to 10:00 pm

in the Hermosa Beach City Council Chambers

1315 Valley Dr. Hermosa Beach, CA 90254



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2024 Hermosa Beach City Council

Candidate Debate Questions & Format

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City of Hermosa Beach 2024 Election Information

http://www.hermosabch.org/index.aspx?page=963

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This Debate will be Broadcast Live and Replayed on Cable:

Spectrum Channel 8 and Frontier FIOS Channel 31

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This Debate Will Also Be Available Live and for Replay

on the City’s YouTube Channel:

https://www.youtube.com/c/CityofHermosaBeach90254

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2024 Hermosa Beach City Council Candidate Debate Format:

7pm - Opening of the Debate with the Pledge of Allegiance

Treasurer Candidate Debate – Incumbent and Challenger

The Hermosa Beach ľ% Sales Tax - Measure HB Debate, 1 For and 1 Against

The Beach Cities Health District – Bond Measure BC Debate, 1 For and 1 Against

City Council Candidates Opening Statements

City Council Candidate Debate Questions 1, 2, 3, 4 and 5

Questions from the Audience

City Council Candidate Debate Questions 6, 7, 8 and 9

City Council Candidates Closing Statements

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7 pm: Start of the 2024 Hermosa Beach City Council Candidate Debate

Introduction and the Pledge of Allegiance

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2024 City of Hermosa Beach Treasurer Candidate Debate 

3 Minutes for each Treasurer candidate, the Incumbent and Challenger

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City of Hermosa Beach – ľ% Sales Tax - Measure HB Debate

2 Minute Opening Statement for each speaker - For and Against:

1 Minute Rebuttal Statement for each speaker - For and Against:

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Beach Cities Health District – Bond - Measure BC Debate

2 Minute Opening Statement for each speaker - For and Against:

1 Minute Rebuttal Statement for each speaker - For and Against:

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2024 City Council Candidate’s Opening Statement: 

2 minutes for each City Council Candidate’s Opening Statement

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Background Information For:  Debate Question 1  

City of Hermosa Beach News & Press Releases

Measure HB – ľ% Sales Tax

https://www.hermosabeach.gov/Home/Components/News/News/3926/28?arch=1

HERMOSA BEACH CITY COUNCIL PLACES MEASURE FOR LOCALLY CONTROLLED CITY SERVICE FUNDING ON NOVEMBER BALLOT

Post Date: 02/27/2024 4:00 PM

HERMOSA BEACH, CA – The Hermosa Beach City Council voted during its February 15 Special Council Meeting in favor of placing a locally controlled sales tax measure on the November ballot.

“Investments in public safety and infrastructure increase property values and quality of life,” said Mayor Justin Massey. “About half of this sales tax would be paid by visitors, but 100% would stay in Hermosa to invest in your community.”

The proposed tax measure will be placed on the November 5, 2024 General Municipal Election ballot where it will require a simple majority of voters for approval. 

If approved by voters, the measure would introduce a general transactions and use tax at the rate of three-quarter cent (3/4 ˘) that would be available to fund general City services that residents have prioritized in previous City surveys, such as preventing and deterring property crimes, supporting emergency response, recruiting and retaining police officers, protecting coastal waters and beaches, supporting safe schools and keeping parks and public spaces safe and clean.

“This proposed measure would make funds available to provide the Hermosa Beach Police Department with important resources to enable us to effectively protect the most vulnerable parts of our community, prevent crime and maintain public trust,” said Hermosa Beach Police Chief Paul LeBaron.

The City’s sales tax consultant confirmed estimates provided during an earlier revenue study session that the proposed tax would provide $3,000,000 in additional annual General Fund revenue. By law, all funds raised by this measure must be used in the City of Hermosa Beach, ensuring local control and a consistent source of funding for essential City services.

“Post-pandemic, the City has maintained its contingency funds at 16 percent of operating expenses but has used one-time funds to bridge gaps in revenue, even with freezing positions and reducing expenditures,” said City Manager Suja Lowenthal. “A reliable and locally dedicated revenue source would help ensure the continued delivery of high-quality city services.”

Staff noted during the Special Meeting that 56 out of 88 cities in Los Angeles County currently have a sales tax, and in California 285 cities out of 489 (58%) have sales taxes. Cities including Malibu and Torrance passed sales taxes in 2022.

The City Clerk will accept arguments in favor and against the proposed measure by Thursday, August 1, 2024, at 12:00 p.m. Each argument is limited to 300 words and will be titled “Argument In Favor of Measure __” and “Argument Against Measure __” in the Official Sample Ballot Booklet submitted to voters. Residents can email cityclerk@hermosabeach.gov or submit a hard copy by the deadline.

The following information is from the:

City of Hermosa Beach - Current Election Information

https://www.hermosabeach.gov/our-government/city-clerk/election-information

City of Hermosa Beach Ballot Measure – ľ% Sales Tax - Measure HB

ľ% Sales Tax - Measure HB Information:

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CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE HB
ľ% TRANSACTIONS AND USE (SALES) TAX FOR 20 YEARS

The City Council placed Measure HB on the ballot to ask the voters to approve a ľ% (3/4˘) retail
transactions and use (sales) tax within the City of Hermosa Beach.

A ľ% sales tax equals (i) an extra three quarters of a penny ($0.0075) per $1 purchased or, put another way, (ii) an extra $0.75 per $100 purchased.

The tax would be paid in addition to and would be collected with the current sales tax.
If Measure HB is approved, this additional ľ% ($0.0075 per $1 purchased) will be added to the sales tax rate in Hermosa Beach for each transaction of goods in the City.

All revenues raised by this tax would remain in the City and could not be shared with the State, County, or any other government agency. The tax is estimated to add $3 million in revenue to be spent locally.

The sales tax would not apply to purchases of groceries, medicine, medical and dental services, rent, real estate, education, utilities, labor or personal services. The current sales tax rate would not change for those products.

The ľ% sales tax increase would be a “general tax,” meaning that revenues raised from the tax
would go into the City’s general fund to pay for City programs, improvements, or services which could include, police, crime prevention, parks, streets and sidewalks, beaches, cleaning of public areas, addressing homelessness, schools, and supporting local businesses.

If approved, the tax would take effect April 1, 2025. The tax would remain in effect for a period of 20 years unless ended or extended by Hermosa Beach voters at a subsequent election.

If this measure is defeated, another taxing agency could at any time propose a countywide
measure to increase the countywide sales tax by up to ľ% within the City.

A "yes" vote on Measure HB authorizes the ľ% retail transactions and use (sales) tax.

A "no" vote on Measure HB opposes adding the ľ% retail transactions and use (sales) tax. A
majority vote is required for the Measure to pass.

The above statement is an impartial analysis of Measure HB. If you desire a copy of the measure,
please call the City Clerk’s office at (310) 318-0204 or email cityclerk@hermosabeach.gov and a copy will be mailed at no cost to you.

Patrick Donegan

City Attorney

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Hermosa Beach ľ% Sales Tax - Measure HB - Ballot Arguments:

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2024 City Council Candidate Debate Question 1: 

What is your opinion regarding the Hermosa Beach ľ% Sales Tax - Measure HB ?

2 minute response from each City Council Candidate.  

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Background Information For: Debate Question 2  

Beach Cities Heath District - Measure BC – Nov. 5, 2024 Election

Measure BC: The Beach Cities Health District

https://www.bchd.org/healthmeasure

Measure BC: The Beach Cities Health District Community Health & Wellness Measure

Measure  |  Public Meetings  |  In the News   |  FAQ

Measure BC

At their July meeting, the BCHD Board of Directors voted 5-0 to put a $30 Million General Obligation Bond on the November 5, 2024 ballot. If passed, Measure BC, the Beach Cities Health District Community Health & Wellness bond measure, would provide:

The measure would levy approximately $3.00 per $100,000 of assessed value on residences in the Beach Cities, generating $1.7 million per year for the project. It would also require that all spending be publicly disclosed and monitored, with all funds being used locally. 

Resolution NO. 597  |  Press Release   |   Notice of Date to Submit Arguments  |   Factsheet


Public Meetings

Beach Cities Health District hosted three public meetings to inform and answer questions from the community ahead of a proposed Health and Wellness Bond in November 2024.

The community joined the conversation and shared their questions and ideas on:

Community Meeting Flyer  |  Public Meeting Recording


Beach Cities Health District - Measure BC -  In the News


Measure BC: FAQ

Q: What is the current state of the BCHD building at 514 North Prospect Avenue in Redondo Beach?

A: Our Prospect Avenue campus is home to a 63-year-old former hospital building. Over the years, the building has evolved to meet the health needs of the community, but escalating maintenance costs, as well as seismic and structural issues are common with buildings built in the 1950s. BCHD is also underway with plans to create a new, state-of-the-art building for allcove Beach Cities on the SW corner of Beryl Street and Flagler Lane.

Q: How does BCHD plan to address its aging facilities?

A: BCHD has been studying this issue since 2017. Safety is BCHD’s primary concern, and since the cost of retrofitting the former hospital building to meet current seismic standards is not financially feasible, the District plans to demolish the building in 2027 and replace it with approximately two acres of public open space.

Q: How does BCHD plan to pay for these improvements?

A: BCHD’s Board is placing a general obligation bond issue on the November 5, 2024 ballot, called Measure BC. The District has also received more than $7 million to date in grants for construction of the allcove Beach Cities structure.

Q: What could the bond proceeds NOT be used for?

A: Proceeds from this bond cannot be used for employee salaries or benefits, operational or programming expenses, or other buildings/programming at off-site locations. Further, proceeds from the bond could only be spent in the Beach Cities, with a 5% cap on administrative costs.

Q: How much would Measure BC cost homeowners?

A: The BCHD Board has placed a $30 million bond issue on the November 2024 ballot - Measure BC - which would levy $3.00 per $100,000 of assessed value on residences in the three Beach Cities, generating $1.7 million per year for the project. If the measure passes, a homeowner with a property assessed at $1 million would pay $30 per year.

Q: Are there any accountability requirements?

A: Under the proposed bond measure, Measure BC funds are subject to accountability requirements, ensuring that every dollar will be used to upgrade local health and wellness opportunities locally in the Beach Cities. BCHD would be required to submit annual independent performance and financial audits to the state and make these audits publicly available. A citizens’ oversight committee would also be established to ensure accountability of bond expenditures.

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2024 City Council Candidate Debate Question 2: 

What is your opinion regarding the Beach Cities Health District - Measure BC ?

2 minute response from each City Council Candidate.  

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Background Information For: Debate Question 3  

This debate question involves the process and actions needed to identify the goals you want to address, and then get the needed legislation passed by the City Council, to address those goals, during the 4 years that you have to serve as a City Council member.

Note: The Brown Act restricts your communication with other Hermosa Beach City Council members, when that communication, takes place outside of a City Council meeting open to the public, and when that discussion could lead to an agenda item being added a future City Council meeting.

This includes any communication, discussing a potential agenda item, to more than one City Council member, including use voice, email, text or using someone else to forward your opinions to a City Council member.

And you can’t communicate with one City Council member on one day, then wait a day and communicate on the same potential agenda item, to a different City Council member on the next day.  That is called a Serial Meeting and it violates the Brown Act.

So, any agenda item that you may want to, have placed on the City Council Agenda, the Brown Act restricts to you to talking or communicating with only ONE other Hermosa Beach City Council member, when you are NOT taking part in a Hermosa Beach City Council Meeting that is Open to the Public.

Why?  If you communicate with TWO other Hermosa Beach City Council members, you now have established a quorum of THREE Hermosa Beach City Council members including yourself, and you are now conducting a City Council meeting that is Not Open to the Public, and that meeting is violating The Brown Act.

Any City Council member can communicate their request at any City Council meeting, that is Open to the Public, to have an agenda item placed on a future agenda of a City Council meeting.  It usually requires that other City Council members also support the request for an agenda item to be added to a future City Council meeting.

The Basics of The Brown Act: This is a Must Read

Understanding the Brown Act (ca-ilg.org)

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2024 City Council Candidate Debate Question 3: 

Remember you will need the support of at least 2 other City Council members to agree with you, to get your proposals discussed and put on the City Council agenda.   And then the support of at least 2 City Council members to vote with you, to get that legislation passed by the City Council, and put into law.

What are your top 3 goals, that involves you getting legislation put on the City Council agenda and then passed by City Council, in the next four years?

2 minute response from each City Council Candidate

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Background Information For: Debate Question 4  

Give us your list of the 3 or 4 problem areas in the City, that you want to be addressed and controlled, by the enforcement of existing City of Hermosa Beach laws and City municipal codes or the enforcement of current State of California law or U.S. Federal law during your 4 years in office? 

Note: You can communicate with any number of existing Hermosa Beach City members and City Manager, regarding the enforcement of existing City of Hermosa Beach laws or City municipal codes.  Also the enforcement of current State of California or U.S. Federal laws, as long as this discussion does not include placing an agenda item on the City Council Agenda, to be discussed or voted on.

If elected, you will take the Oath of Office, which includes your promise to enforce all, City of Hermosa Beach laws, and State of California and U.S. Federal laws.

The Brown Act, does not limit a City Council member’s ability to advocate or communicate for enforcement of existing City, State and Federal laws.

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2024 City Council Candidate Debate Question 4: 

What are the City of Hermosa Beach laws and City municipal code enforcement actions that you will take the lead on, to address the problems can be solved by these local enforcement actions?

You can also include the enforcement of any State of California law or U.S. Federal law.

2 minute response from each City Council Candidate

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Background Information For:  Debate Question 5  

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$100 million Hermosa Beach civic center could save city money, consultant tells council

https://easyreadernews.com/100-million-hermosa-beach-civic-center-will-save-city-money-consultant-tells-council/

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City of Hermosa Beach - November 29, 2023

City Council Civic Facilities Study Session - Hermosa Beach Civic Center

https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=6432001&GUID=F763F3BF-81D8-4EB2-A1BB-38B6C3CA8099

Civic Facilities Study Session

Executive Summary:

To address the need to refurbish or replace the City’s aging civic facilities, this study session is intended as an introductory informational workshop that builds on facilities studies and strategic plans completed from 2013 through 2017, to help develop a financing and development plan for a potential civic center revitalization.

The study session format will allow staff and an industry professional to cover the City’s current land inventory, identify operational and maintenance issues of the current buildings, review a possible plan of finance for a civic facilities project, outline a plan for project procurement, and provide an opportunity for Councilmembers to consider and ask questions regarding the City’s civic facilities.

Background:

In addition to streets, sewers, and stormwater systems, civic facilities are an important component of the City’s infrastructure. The City’s facilities were constructed over 70 years ago and are severely aged; their replacement having been deferred for many years. Current and past City Councils have demonstrated a commitment to addressing these needs by making long-term financial planning and review of City infrastructure and facilities a top priority in its Capital Improvement Program (CIP) and strategic planning efforts.

Past facility studies were commissioned to assess the structural/seismic conditions (CivilSource Study, 2015) and space/operational needs of City buildings (Mary McGrath Architects Assessment, 2016). In parallel with these studies, a facilities workgroup was established comprising of representatives from the departments of Police, Fire, Public Works, Finance, and the City Manager. The workgroup enlisted the services of Mary McGrath Architects to assist in developing a City Facilities Strategic Plan. This high-level plan looked at: 1) Space Needs; 2) Facility Improvement/Development Scenarios, and; 3) Preliminary Order of Magnitude Costs (range of costs) for the Police and Fire Stations, City Hall, and Public Works Yard facility. The draft plan and development scenarios were reviewed and discussed by City Council at its May 4, 2016 facilities study session. The goal of the strategic plan and study session was to guide the community toward a long-term vision for core facilities and help the City Council prioritize and inform capital improvement decisions and potential funding alternatives.

Following Council direction, the City issued a Request for Proposals to identify a team qualified to perform a community-wide library services needs assessment in two phases. The first phase of work included conducting a space needs assessment with supporting community outreach, and the second phase of work would include using the identified space needs to develop conceptual plans and related budgets. Griffin Structures, Inc. was selected to perform the work and began Phase 1 in the fall of 2016. The final Library Needs Assessment report was submitted to the City in July 2017. Following completion of a Phase 1 in 2017, Griffin Structures, Inc. and City staff proceeded with development of conceptual site plan options and related budget estimates, which were presented to City Council at its October 4, 2017 study session. Ultimately, City Council and the City Manager’s Department opted to hold off on further investment of consultant time until funding opportunities were fleshed out, and placed the project on hold.

Since 2017, the City Council made important decisions related to the City’s fire services, the future of the fire station, and the closure of Bard Street, as well as the prioritization of the City’s Corporate Yard Facilities renovation project (CIP 615). Each of these decisions has significant impacts on the City’s budget and strategic planning of future civic facility improvements.

Discussion:

The City engaged Fullerton Consulting Partners in April 2023 to synthesize and build on the existing civic facilities work coordinated by the City and to help develop a financing and development plan for a civic center revitalization. The scope of work included:

•                     Reviewing the City’s land inventory, including zoning and site constraints, to determine possible locations for a potential consolidated civic center.

•                     Identifying operational concerns and known issues with the current City facilities inventory by interviewing staff and reviewing previous building condition surveys, needs analysis, and other studies.

•                     Suggesting a financing approach for a potential new civic center project.

•                     Outlining a plan for project procurement.

Fullerton Consulting Partners completed its review of existing studies performed by experts previously engaged by the City including:

•                     Downtown Core Revitalization Strategy, ROMA Design Group, 2013

•                     Facilities Condition Assessment, Civil Source, 2015

•                     Civic Facilities Strategic Plan, Mary McGrath Architects, 2015

•                     ADA Evaluation, Civil Source, 2015

•                     Led and Asbestos Surveys, Patriot Environmental Services, 2015

•                     Library Needs Assessment, Griffin Structures, 2016

•                     Downtown Cost Benefit Analysis, Kosmont, 2016

•                     Corrective Action Plan for City Yard Remediation, Dudek, 2019

•                     Community Theater Needs Assessment, DLR Group, 2020

In summary, these studies support the need for new civic center facilities. They document  operational deficiencies affecting the needs of the Hermosa Beach Police force, Public Works Department, and other City staff, as well as a state of disrepair in the current facilities. The placement of the various civic properties at the entrance to downtown provides a unique opportunity for downtown revitalization with a catalytic project.

The City of Hermosa Beach has an opportunity to recreate a unique civic center asset that will serve critical government needs while providing an iconic sense of place in the City’s downtown core. This project could serve to anchor the City center with a truly meaningful center of government and public service, with a sense of civic place and pride.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element

Goal 1. A high degree of transparency and integrity in the decision-making process.

Policies:

•                     1.2 Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs.

•                     1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities.

Goal 2. The community is active and engaged in decision-making processes.

Policies:

•                     2.4 Public forums. Host periodic public forums on issues important to the community, facilitating these forums with the purpose of guiding City policy.

Goal 5. Small beach town character is reflected throughout Hermosa Beach.

Policies:

•                     5.5 Community benefits. Consider incentives for new development that provide a substantial economic benefit to the community such as retail sales taxes, transient occupancy taxes or higher-paying jobs. Prohibit the provision of incentives that outweigh the direct benefits from the use.

•                     5.8 Public private partnerships. Pursue the use of public-private partnerships to implement projects and efforts that maintain character and benefit the community.

Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism.

Policies:

•                     6.2 Regional presence. Encourage economic development strategies that will make Hermosa Beach a driving force and jobs center behind the regional economy of the South Bay region.

Infrastructure Element

Goal 1. Infrastructure systems are functional, safe, and well maintained.

     Policies:

•                     1.2 Priority investments. Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan.

Fiscal Impact:

There is no fiscal impact related to the recommended action.

 From: Fullerton Consulting Partners

Must Read: Hermosa Beach Civic Facilities Study Session- 44 page Presentation

file:///C:/Users/User/Downloads/SUPPLEMENTAL%20Presentation.pdf

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2024 City Council Candidate Debate Question 5:

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What is your opinion regarding the Civic Facilities Study Session presentation, and the proposed construction of a new $100 million Hermosa Beach Civic Center?

This new Civic Center would be potentially financed by the sale, or lease of city-owned property, on land that is currently occupied by the current Hermosa Beach City Hall at 1315 Valley Dr.

2 minute response from each City Council Candidate.  

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Questions from the Audience

An audience question needs to be asked, for all the City Council Candidates to answer.

Do not direct your question to any one candidate by name.

All City Council Candidates will be answering the same audience question.

1 minute response from each City Council Candidate

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Background Information For:  Debate Question 6  

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YouTube Video:

Hermosa Beach police seeking information on Pier Plaza fight caught on video I ABC7

https://www.youtube.com/watch?v=A-C4D1EkEuA&rco=1

9,913 views Jun 26, 2021 TRT 39 Sec

The Hermosa Beach Police Department is seeking the public's help to find the people involved in a fight on Pier Plaza. Video of the fight shows one person unconscious on the ground while another person kicks them in the head.

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Findings from the ICMA Police Operations Report for the Hermosa Beach Police Department

Excerpts from pdf page 17 or Report page 9:

From the ICMA Police Operations Report for the HBPD: 

Issues Raised by Stakeholders

Staffing

• Every stakeholder group we spoke with mentioned the issue of staffing. The issue manifests itself in several ways. The greatest concern was expressed with respect to the Pier Plaza area.

• The feeling is that there are insufficient personnel to deal with the alcohol-related issues in the area, particularly after 10:00 p.m.

• There is a feeling, particularly among community members, that there is no police presence east of Pacific Coast Highway unless there is a call for service.

• There is a feeling among all of the sworn ranks that enforcement should be avoided in order to prevent officers being taken out of the field. Minimum staffing for patrol is described as two officers and a sergeant.

• All ranks described feeling tired and overburdened. Captains and lieutenants work overtime details to help lessen the staffing burden.

• Community members praised the department’s responsiveness and level of caring. All community members talked about lack of resources.

• Several community members noted the lack of traffic enforcement; both for moving violations and parking violations. These observations were validated by the sworn personnel.

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“ICMA recommends that the HBPD establish a committee that includes all the principal stakeholders, including representatives from all ranks within the department along with community members.”  -   HBPD ICMA Report  Pdf Page 24

“This process, combined with an dedicated team in the downtown area, can have a substantial impact on reducing CFS handled by the HBPD and can free officer time on patrol to deal with quality of life and other important community problems.”  -  HBPD ICMA Report  Pdf Page 24

"Third, it is clear that a large number of CFS [Calls for Service], are related to disturbances.  Properly dealing with disturbances requires long-term problem solving and resources.”  -  HBPD ICMA Report  Pdf Page 25

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Excerpts from pdf page 41 or Report page 33 of the ICMA Police Operations Report for the HBPD: 

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Community Lead Sergeant (Nightclub Enforcement)

The downtown area is an important part of Hermosa Beach. Identified explicitly in the city’s strategic plan, an “eclectic downtown” in Hermosa Beach is envisioned as a unique and well-maintained focal point of the community, with a pedestrian-friendly atmosphere and locally owned retail and dining establishments.

Anecdotal evidence obtained during meetings with stakeholders in the community and members of the HBPD indicate that this vibrant public space often takes on a different character than the one desired by the community.

Numerous accounts were given about the raucous and rowdy nature that the downtown area exhibits during the evening hours due to the bar and nightclub scene.

Essentially, it appears that the “friendly” atmosphere sought by the community degrades into a disorderly location due to this nightlife.

The downtown area is an important part of Hermosa Beach, and the dining, shopping, and nightlife experience available in this area brings a vibrant social scene to the area and, along with the beach, is one of the “signature” characteristics of the community.    

However, the area demands a substantial amount of attention.

From a strategic, tactical, and resource allocation perspective this area must be a high priority and the HBPD must have the resources available to maximize the positive and minimize the negative aspects of the area.   

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 Excerpts from pdf page 42 or Report page 34 of the ICMA Police Operations Report for the HBPD: 

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Examination of CFS [Calls for Service] volume reported by the HBPD indicates that more than 20 percent of the entire CFS [Calls for Service] volume can be attributed to the downtown area.

Additionally, of all the CFS [Calls for Service] logged in the downtown area, more than 22 percent of those calls are “disturbance” calls of various types. 

Essentially, one out of every twenty calls received by the HBPD are disturbance calls downtown.  

Currently, the HBPD dedicates one sergeant to the downtown area. This “Community Lead Sergeant” works a shift of 1500 hours x 0300 hours, and follows the 3 on-4 off schedule, working every Thursday, Friday, and Saturday evening.

Complementing this position, the HBPD staffs three overtime shifts every Friday and Saturday night from 1900 hours to 0300 hours.

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Findings from the ICMA Police Operations Report for the Hermosa Beach Police Department:

http://hermosabeach.granicus.com/MetaViewer.php?event_id=333&meta_id=145053

 

"All stakeholders agree that the single biggest challenge facing the city is the alcohol-related issues being generated by the Pier Plaza bars."  -  HBPD ICMA Report  Pdf Page 18

“Also, the HBPD handles a large number of “disturbance” CFS [Calls for Service], undoubtedly originating from the downtown area.” -  HBPD ICMA Report  Pdf Page 24

“ICMA recommends that the HBPD establish a committee that includes all the principal stakeholders, including representatives from all ranks within the department along with community members.”  -   HBPD ICMA Report  Pdf Page 24

“This process, combined with an dedicated team in the downtown area, can have a substantial impact on reducing CFS handled by the HBPD and can free officer time on patrol to deal with quality of life and other important community problems.”  -  HBPD ICMA Report  Pdf Page 24

"Third, it is clear that a large number of CFS [Calls for Service], are related to disturbances.  Properly dealing with disturbances requires long-term problem solving and resources.”  -  HBPD ICMA Report  Pdf Page 25

 

ICMA Report Recommendation:  -  HBPD ICMA Report  Pdf Page 25

Empanel a calls for service committee in order to evaluate service demands and attempt to reduce nonemergency responses.

 

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1.   Findings from the Los Angeles County Department of Public Health report:

"Reducing Alcohol-Related Harms in Los Angeles County"

Communities with a high density of restaurants, bars or stores selling alcohol were much more likely to have increased rates of violent crime.

"Excessive alcohol consumption, which includes binge drinking and heavy drinking, not only has devastating personal effects, but also takes a tremendous toll on families and communities,"

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2.   Findings from the Urban Institute Justice Policy Center report:

Alcohol Outlets as Attractors of Violence and Disorder”

The research conducted over the last few decades has suggested that drinking establishments, particularly bars, attract clientele more likely to include motivated or potential offenders.

The results from the models examining aggravated assault reveal that the density of on-premise outlets is a significant predictor of aggravated assault.

In essence, regardless of the behavioral mechanism that “produces” violence, bars act as attractors of violence.

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3.     Findings from the: Hermosa SHINES Ordinance – Draft - May 13, 2021

The City Council also desires to reduce adverse impacts on the community that result from the operation of the alcohol establishments.  

Repeated and consistent crimes related to the sale and service of alcohol in the Downtown District include without limitation disorderly conduct, larceny, public urination and defecation, vandalism, and driving under the influence.

The disproportionate alcohol-related crime rates have created an adverse impact and disruptions to the community, resulting in a collective, consistent and long-term nuisance.

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4.     Findings from pdf page 14 or Report page 6 of the ICMA Police Operations Report for the HBPD: 

TABLE 2: 2011 UCR Crime Comparisons

Looking at community crime rates, we took information from the FBI UCR Program on Crime in the United States and compared Hermosa Beach with neighboring communities and other California jurisdictions of similar populations.

For this analysis La Canada Flintridge, South El Monte, Marina, American Canyon, Arvin, and Chowchilla were used as population comparators, and Torrance, Redondo Beach, Manhattan Beach, Lawndale, and El Segundo were used as neighboring comparators.

This analysis is meant as an illustration of communities in California and how they compare with respect to rates of crime. 

Examination of the comparisons presented in Table 1 indicates that Hermosa Beach has a comparably high crime rate. 

Out of the seven jurisdictions with similar population, Hermosa Beach has the 4th highest violent crime rate and the highest property crime rate. 

When compared with neighboring communities regardless of population, Hermosa Beach has the second highest rate of both violent and property crime. 

[Note: The 6 neighboring communities include: Lawndale, Hermosa Beach, Redondo Beach, El Segundo Torrance and Manhattan Beach] 

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The following crime data for the Violent Crime Ranking for the 6 Neighboring South Bay Communities is compiled from:

ICMA Police Operations Report for the HBPD: - TABLE 2: 2011 UCR Crime Comparisons: on pdf page 14

From ICMA Report: Violent Crime Ranking for the 6 Neighboring South Bay Communities

Ranked 1.  Lawndale number 1 in Violent Crime Rate                                 528 per 100,000 pop.

Ranked 2.  Hermosa Beach number 2 in Violent Crime Rate                      314 per 100,000 pop.

Ranked 3.  Redondo Beach number 3 in Violent Crime Rate                      249 per 100,000 pop.

Ranked 4.  El Segundo number 4 in Violent Crime Rate                              226 per 100,000 pop.

Ranked 5.  Torrance number 5 in Violent Crime Rate                                  126 per 100,000 pop.

Ranked 6.  Manhattan Beach number 6 in Violent Crime Rate                    124 per 100,000 pop.

 

“ . . . Hermosa Beach has a comparably high crime rate.”   HBPD ICMA Report Pdf Page 14

“When compared with neighboring communities regardless of population, Hermosa Beach has the second highest rate of both violent and property crime.”   HBPD ICMA Report Pdf Page 14

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Findings from the: Hermosa SHINES Ordinance – Draft - May 13, 2021

·        Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. However, the area also contains a high concentration of on and off sale alcohol serving establishments. 

·        The correlation of the sale of alcohol and negative impacts on the community are well documented in peer-reviewed scholarly literature. 

·        In as much as the city cannot continue to sustain the disproportionate deployment within the Downtown District, additional regulations are required to abate the collective nuisance and minimize the impacts on the community resulting from the operation of alcohol serving establishments.

·        This disproportionate expenditure on an area that consists of only 5% of the city land area is not an effective deployment of police resources, which should be more evenly deployed throughout the city.

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YouTube Video:

Crazy drunk brawl at Hermosa Pier!

https://www.youtube.com/watch?v=TU4RyrrY1as&rco=1

 

12,975 views Apr 9, 2022 TRT  2min 14 sec  HERMOSA BEACH PIER

 ___________________________________________

 Findings from the: Hermosa SHINES Ordinance – Draft - May 13, 2021

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The Hermosa Shines Ordinance - Section 1. Findings and Declaration of Nuisance and Purpose

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The complete 18 page: Hermosa Shines Ordinance – Draft - from the City website:

 

https://hermosabeach.legistar.com/View.ashx?M=F&ID=9378667&GUID=662ED131-43ED-4BE9-BE66-593FC6D63CC9

 

The Hermosa Shines Ordinance - Section 1. Findings and Declaration of Nuisance.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 5.80 TO THE HERMOSA BEACH MUNICIPAL CODE TO ESTABLISH THE DOWNTOWN ALCOHOL ESTABLISHMENT LICENSE, AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.80 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES

The City Council of the City of Hermosa Beach does hereby ordain as follows:

Section 1. Findings and Declaration of Nuisance.

A. According to PLAN Hermosa, the Downtown District of Hermosa Beach is a primary social and commercial activity center in Hermosa Beach, serving as a centralized location for social gatherings and the recreational activities of residents and visitors.

Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. However, the area also contains a high concentration of on and off sale alcohol serving establishments. 

The correlation of the sale of alcohol and negative impacts on the community are well documented in peer-reviewed scholarly literature. 

A study prepared by the Urban Institute Justice Policy Center found that a concentration of on- and off-premise alcohol sales were associated with high levels of disorderly conduct, as evidenced in the Downtown District of Hermosa Beach

B. The Downtown District constitutes less than 5% of the total land area of the City.  As a result of the high number of on- and off-premise alcohol establishments in this concentrated area, the Downtown District also serves as an attraction to those who want to indulge in consumption of alcoholic beverages and engage in a rowdy, party-like environment. 

In a review of the crime statistics over the previous ten years, the Downtown District generates 16% of the daytime (3:00 to 10:00 p.m.) calls for service and 35% of the nighttime (10:00 p.m. to 3:00 a.m.) calls for service. This increase in calls for service is directly attributed to the operation of bars, nightclubs, and liquor stores.

Repeated and consistent crimes related to the sale and service of alcohol in the Downtown District include without limitation disorderly conduct, larceny, public urination and defecation, vandalism, and driving under the influence.

The disproportionate alcohol-related crime rates have created an adverse impact and disruptions to the community, resulting in a collective, consistent and long-term nuisance.

All crime data for the past ten years is available and reported on the city’s website: hermosabeach.gov.

C. In 2017, the City of Hermosa Beach commissioned Kosmont Companies to prepare a cost benefit analysis of the Downtown.

The cost benefit analysis found “...that it is likely that the downtown area generates direct municipal revenues equal to or greater than the expenses it directly incurs...”; however, this finding is based on the current deployment of police resources, with its long-standing, disruptive atmosphere and corresponding negative impacts.

The analysis did not take into consideration the cost of deploying additional resources needed in downtown to address the disruptions, negative impacts and nuisance activity through an enforcement only model. Had the cost benefit analysis considered the additional resources needed, it could not have reached the same conclusion.

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Ordinance No. ___
Page 2 of 18
________________

Furthermore, attempting to resolve the collective nuisance problems through the deployment of additional police resources is not a sustainable, cost-effective solution and diverts resources away from the other 95% of the land area in the city.

D. The Kosmont report also noted that approximately 25% of the Hermosa Beach Police Department budget is utilized to provide police services just in the Downtown area, which, as previously noted, is not a cost-effective solution to address the negative impacts created by the operation of alcohol servicing establishments in the Downtown.

This disproportionate expenditure on an area that consists of only 5% of the city land area is not an effective deployment of police resources, which should be more evenly deployed throughout the city.

This means that businesses and residents in the remainder of city experience a negative impact in that fewer police resources are available to them when police resources are deployed in such a disproportionate manner.

In as much as the city cannot continue to sustain the disproportionate deployment within the Downtown District, additional regulations are required to abate the collective nuisance and minimize the impacts on the community resulting from the operation of alcohol serving establishments.

E. On evenings and weekends, many of the on-sale establishments operate at standing room only capacity, which is well beyond their seating capacity. Patrons crowd into the establishment to consume alcoholic beverages, while additional patrons queue up outside, waiting to get into the business.

The queueing at multiple establishments, creates an environment where large numbers of intoxicated individuals are congregating and loitering in a small, concentrated area.

The congregation and crowds have led to fights breaking out and other disorderly and dangerous behavior.

Preventing queueing will have a positive effect on the atmosphere and culture in the area, especially on Pier Plaza and city sidewalks. The removal of the queue lines will make the sidewalks and Pier Plaza more passable, accessible, and welcoming and disperse the concentration of people.

This has been evidenced during the COVID-19 emergency when queues were prohibited for social distancing purposes. Furthermore, wireless technology and widely available cell phone applications allow the businesses to establish an electronic queue to call or text patrons when the business is able to accommodate them without the patrons congregating in one area.

Accordingly, queues are not a necessary component of a successful business. Many of the businesses in the Downtown District already use this method of reservation management, and it should be standardized as a best practice and optimization of available technology to reduce negative community impacts. This also supports other local businesses, as patrons are free to move around and visit other businesses while waiting to enter their intended destination.

Imposing operational conditions also promotes fairness among businesses throughout the city, by requiring businesses in the downtown area to function for their intended purposes (serving food and beverages to customers) and not create disproportionate impacts on the community.

F. Limiting capacity to patrons who have an available seat will also have a far-reaching impact to reduce the negative impacts in the Downtown District. A standing-room only atmosphere makes it difficult for servers to monitor intoxication and facilitates the overserving of alcohol.

Requiring patrons to have an available seat in order to be served serves two purposes.  First, it allows servers to monitor patrons and prevent overserving of alcohol. It also has been proven to be an effective tool at reducing alcohol related crimes and disturbances.

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Ordinance No. ___
Page 3 of 18
________________

By way of illustration, as a result of the COVID-19 pandemic, the City has the opportunity to compare operations:

1) the business as usual model; and,

2) a limited operation as a result of the emergency health regulations. As part of the emergency health regulations, the number of patrons allowed within the on-sale alcohol establishments was limited (and for a time meal service with alcohol sales was also required).

These emergency regulations resulted in a drastic reduction of the alcohol related crimes in the Downtown District and demonstrates a direct correlation between normal operations and the crimes and disturbances reported in the downtown area.

The seating requirement is intended to be an operational regulation, notwithstanding structural occupancy limits under the Building Code, which are building standards that control the design and construction of a building’s egress components.

Such structural limitations do not limit the City’s ability to implement operational restrictions on the business activity that are adopted under the City’s police power for the purposes stated in this ordinance.

Accordingly the seating plan required under this ordinance providing for a specific number of seats for customers may dictate an operational capacity limit that is lower than the maximum occupant load under the Building Code.

G. The conditional use permit process provides varying regulations on the individual business, with the conditions of approval being considered on a case-by-case circumstance.

This results in an enforcement challenge for Police and City Code Enforcement in the Downtown District, as the businesses all operate under different conditions of approval.

A uniform regulatory system will make it possible for law and code enforcement to quickly and easily identify which businesses that are not operating in a safe and allowed manner and are contributing to the collective nuisances in the Downtown District.

This ordinance will ensure that alcohol serving businesses operate in a safe and responsible manner; and, are responsible and accountable for the impacts to the community from irresponsible alcohol service.

H. It is the desire of the City Council of the City of Hermosa Beach to provide a safe and welcoming environment for those who live, work, and visit the Downtown District. The City Council wishes to attract visitors to the Downtown District that can patronize the businesses within the beach community.

The City Council also desires to reduce adverse impacts on the community that result from the operation of the alcohol establishments.  Creating a safer and more welcoming environment that does not require an unsustainable deployment of police resources is a benefit to all businesses in the Downtown District as well as to city residents and visitors.

I. The existing code regulations and policies the City has implemented over the years to address negative impacts to the community in the Downtown District have not been successful at curtailing the disruptive, party-like, nuisance atmosphere. These existing measures include a three time a year review of all conditional use permits by the Planning Commission, a cap on the maximum number of late-night alcohol serving establishments, and restrictions on food to alcohol sales ratios at businesses that are licensed as restaurants.

These existing regulations and policies have had limited success in reducing
overall adverse impacts, as individual businesses may only contribute a portion to the collective issues, crimes, disturbances and other nuisances. The additional regulations

 ___________________________________________

Ordinance No. ___
Page 4 of 18
________________

are intended to uniformly address the impacts created by the aggregate of all the alcohol establishments operating in the Downtown District.

J. The disturbances are not limited to patrons from on-sale establishments. Due to the availability of alcoholic beverages for off-sale consumption in close proximity to the on-sale establishments, the consistent and repeated public drinking takes place in parking lots, at the beach and other parts of the downtown area.

This is evidenced by the need for enhanced trash clean up in the area in the mornings, as well as by alcohol-related citations in the Downtown Area, including citations for open alcohol containers.

In 2019, the police department issued 34 alcohol related citations in the downtown area, which is a high number in and of itself for a land area that makes up only 5% of the city. In 2020 when the on-sale establishments were closed or limited in capacity due to COVID-19, the citations increased to 94, showing the propensity of people to purchase alcohol for public outdoor consumption in the area when the other establishments in the area are closed or limited in capacity.

These numbers are conservative as they only represent those who are caught and cited for the violation. The alcohol bottles and cans left in public areas in the morning reflect a much larger problem. While the public drinking already creates a nuisance activity, the data suggests that the problems generated from off-sale alcoholic beverage sales will be exacerbated by the new operating restrictions on on-sale alcohol beverage establishments.

The City can’t trade one disruptive nuisance for another. This ordinance may have the indirect impact of limiting capacity in the on-sale establishments to those who can be seated and avoiding a standing-room only party atmosphere. This ordinance also prohibits queueing while waiting for a seat in the establishment.

The City must avoid the equally disruptive behavior of patrons purchasing small and chilled servings of alcohol to drink in public while waiting for entrance to the establishment and after closing time.

This ordinance attempts to balance the need to prevent the nuisance and criminal activity associated with public consumption of alcohol (which is more convenient when sold in small quantities and sold in chilled condition in the late evening hours) with the intention of allowing off-sale alcohol sales to continue.

The ordinance is intended to prevent the creation of nuisances and prevent facilitation of criminal activity associated with certain products sold.

Accordingly, further regulation of the off-sale alcohol serving establishments is necessary and appropriate to holistically respond to the disruptive nuisance activity in the area.

K. In 2017 due to documented crime and security concerns, the City commissioned a study to assess security and lighting concerns in the Downtown area.

The study culminated in a Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report.

The report provides: “The City of Hermosa Beach has encountered security concerns in undesired behaviors of the patrons of their Downtown bars and restaurants upon leaving the establishments late at night.

To address these concerns the local police department proactively patrols the downtown area.

Naturally, there are typically not enough officers deployed to be in every single area during this time as this would not be an efficient use of resources. To augment the presence of officers the City has implemented flood lights along Pier Plaza, which are turned on strategically after hours. However, the City is still experiencing issues with unwanted and illegal behavior in areas of poor lighting.”

High security concern areas were identified to be prioritized as a first step of action, including: 13th Court Alleyway, 13th Street Alleyway, Beach Drive

 ___________________________________________

Ordinance No. ___
Page 5 of 18
________________

Alleyways, Parking Lot A, Parking Lot B, and the Pier Plaza. While the City is improving lighting to reduce crime in the area, the City should not bear all of the burden to remedy the criminal and nuisance problems in the area.

The alcohol serving establishments must also be accountable and work in partnership with the City to reduce impacts. This ordinance is one critical element of that partnership.

L. Furthermore, the Downtown area creates a unique and challenging enforcement problem. The negative impacts and nuisances cannot be directly linked to one particular business and traditional license revocation, CUP review and/or nuisance abatement is not possible when the problems stem from the collective. Traditional nuisance abatement tools and process are not available for a collective nuisance of this character.

Nevertheless, the confluence of all of the alcohol serving establishments in the Downtown Area, particularly those that operate after 11 p.m., has created a nuisance environmental and the City Council finds that the businesses are being operated in such a way as to be injurious to persons living and working in the area. This ordinance is intended to allow the businesses to continue operating; while requiring accountability for the negative impacts that have plagued this community.

M. The City Council of the City of Hermosa Beach hereby finds, determines, and
declares that these regulations are needed to achieve a safe and welcoming environment for those who live, work, and visit the Downtown District. The focus of the ordinance is to abate or eradicate nuisance and criminal activities in a particular geographic area by imposing conditions aimed at mitigating those effects.

By implementing these regulations through its police power to regulate the secondary effects of alcohols sales, the Hermosa Beach Municipal Code will continue to allow for a variety of uses, including the safe and responsible sale of alcoholic beverages; but will provide the City the necessary enforcement tools needed to minimize adverse negative impacts to the community that result from the operation of on- and off-premise alcohol sales.

This ordinance is intended to work in conjunction with and to supplement existing zoning and conditional use permit requirements.

5.80.010 Purpose.

The Downtown Alcohol Establishment License is established to encourage the responsible operation of businesses in the Downtown Area and to protect the public health, safety, and general welfare of the surrounding community.

The concentration of business establishments engaging in the sale of alcoholic beverages in Downtown has necessitated the regulations established herein to enable the City to effectively address nuisance and criminal activities occurring in the area.

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YouTube Video:

Friday Night Fight Night on Hermosa Beach Pier

https://www.youtube.com/watch?v=HD-f0aZr3Yk&rco=1

 

366 views Apr 16, 2022 PIER PLAZA  TRT 2 min 2 sec

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State of California - Criminal Justice Statistics Center (CJSC)

https://oag.ca.gov/cjsc/aboutcjsc

Per Capita Crime Rate Statistics for Hermosa Beach, Manhattan Beach and Redondo Beach

For: Violent Crimes, Rape, Aggravated Assault and Burglary

__________________________________________________________

From the State of California Department of Justice - CJSC: https://oag.ca.gov/cjsc/aboutcjsc

Violent Crimes Include: Aggravated Assault, Homicide, Rape, and Robbery.

_________________________________________________________________

For 5 years, 2019 to 2023, Hermosa Beach had a Crime Rate for Violent Crimes

that was 54% higher, when compared to Manhattan Beach.

_________________________________________________________________

For 5 years, 2019 to 2023, Hermosa Beach had a Crime Rate for Rape

that was 46% higher, when compared to Manhattan Beach.

_________________________________________________________________

For 5 years, 2019 to 2023, Hermosa Beach had a Crime Rate for Aggravated Assault

that was 150% higher, when compared to Manhattan Beach.

_________________________________________________________________

For 5 years, 2019 to 2023, Hermosa Beach had a Crime Rate for Burglary

that was 42% higher, when compared to Manhattan Beach.

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For 5 years, 2019 to 2023, Hermosa Beach had a Crime Rate for Rape

that was 123% higher, when compared to Redondo Beach.

_________________________________________________________________

July 2024 is the latest month shown on the:

Hermosa Beach Police Department website

2024 National Incident Based Reporting System - July 2024

_________________________________________________________________

For July 2024, in Hermosa Beach – From HBPD webpage, July 2024

The crimes of Aggravated Assault and Simple Assault, have shown an increase:

_________________________________________________________________

Aggravated Assault is Up 36.4% comparing July 2023 to July 2024, in Hermosa Beach. 

Simple Assault is Up 30.8% comparing July 2023 to July 2024, in Hermosa Beach. 

Total Crimes Against Persons is Up 23.3% comparing July 2023 to July 2024, in Hermosa Beach.

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Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. However, the area also contains a high concentration of on and off sale alcohol serving establishments. 

The correlation of the sale of alcohol and negative impacts on the community are well documented in peer-reviewed scholarly literature. 

A study prepared by the Urban Institute Justice Policy Center found that a concentration of on- and off-premise alcohol sales were associated with high levels of disorderly conduct, as evidenced in the Downtown District of Hermosa Beach

B. The Downtown District constitutes less than 5% of the total land area of the City.  As a result of the high number of on- and off-premise alcohol establishments in this concentrated area, the Downtown District also serves as an attraction to those who want to indulge in consumption of alcoholic beverages and engage in a rowdy, party-like environment. 

In a review of the crime statistics over the previous ten years, the Downtown District generates 16% of the daytime (3:00 to 10:00 p.m.) calls for service and 35% of the nighttime (10:00 p.m. to 3:00 a.m.) calls for service. This increase in calls for service is directly attributed to the operation of bars, nightclubs, and liquor stores.

Repeated and consistent crimes related to the sale and service of alcohol in the Downtown District include without limitation disorderly conduct, larceny, public urination and defecation, vandalism, and driving under the influence.

The disproportionate alcohol-related crime rates have created an adverse impact and disruptions to the community, resulting in a collective, consistent and long-term nuisance.

The City Council also desires to reduce adverse impacts on the community that result from the operation of the alcohol establishments.  Creating a safer and more welcoming environment that does not require an unsustainable deployment of police resources is a benefit to all businesses in the Downtown District as well as to city residents and visitors.

The City Council of the City of Hermosa Beach hereby finds, determines, and
declares that these regulations are needed to achieve a safe and welcoming environment for those who live, work, and visit the Downtown District. The focus of the ordinance is to abate or eradicate nuisance and criminal activities in a particular geographic area by imposing conditions aimed at mitigating those effects.

By implementing these regulations through its police power to regulate the secondary effects of alcohols sales, the Hermosa Beach Municipal Code will continue to allow for a variety of uses, including the safe and responsible sale of alcoholic beverages; but will provide the City the necessary enforcement tools needed to minimize adverse negative impacts to the community that result from the operation of on- and off-premise alcohol sales.

_________________________________________________________

_________________________________________________________

HERMOSA BEACH, CA MUNICIPAL CODE

HERMOSA BEACH, CA MUNICIPAL CODE > Title 17 Zoning > Chapter 17.40 Conditional Use Permit and Other Permit Standards > 17.40.080 On sale alcohol beverage establishment.

Chapter 17.70 Revocation and Expiration

https://online.encodeplus.com/regs/hermosabeach-ca/doc-viewer.aspx#secid-2780

17.70.010 Permits or variances may be revoked or modified.

Planning commission may, after a public hearing held in the manner prescribed in Chapter 17.68 governing variances, conditional use permits, and other land use entitlement permits, revoke or modify any permit or variance if any one of the following findings can be made:

  1. H.

For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food.

A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages.

For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant.

An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in Section 17.04.050.

Refusal to provide the information requested under this subsection within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. (Ord. 15-1350 §3, 2015; Ord. 10-1312 §1, 2010)

[Underline Added]

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2024 Debate Question 6:

Do you agree with the Findings and Declaration of Nuisance - from the Hermosa SHINES Ordinance?

In particular, the problems caused from the Over-Crowding and Over-Serving of Alcohol that takes place at bars and restaurants in the Downtown area.

There is an existing City of Hermosa Beach Muni Code - 17.70.010 Permits or variances may be revoked or modified,  which controls the Over-Serving of Alcohol and limits 50% alcohol sales to 50% food sales ratio, at alcohol serving restaurants. 

There are also California Fire Codes that prohibits the Over-Crowding of bars and restaurants.

     Should the City, strictly enforce existing City of Hermosa Beach Muni Code 17.70.010 Permits or variances may be revoked or modified, which controls the Over-Serving of Alcohol and limits 50% alcohol sales to 50% food sales ratio, at alcohol serving restaurants?

     And should our Hermosa Beach - Los Angeles County Fire Department, write citations to control any illegal Over-Crowding at alcohol serving restaurants?

  2 minute response from each City Council Candidate 

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Background Information For:  Debate Question 7  

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YouTube Videos:

Teens on e-bikes set off fireworks at Hermosa Beach Pier Plaza

https://www.youtube.com/watch?v=TEnpjBRMXVE

Teens riding e-bikes accused of terrorizing South Bay residents

https://www.foxla.com/news/teens-riding-e-bikes-accused-terrorizing-south-bay-residents

By Christina Gonzalez

Updated  May 24, 2024 1:02pm PDT

Hermosa Beach

FOX 11

REDONDO BEACH, Calif. - Complaints about a group of teenagers on e-bikes terrorizing people in South Bay communities began to pop up on social media a few months ago.

But residents began reaching out to FOX 11 after a group of black balaclava-wearing riders attacked another group on the Hermosa Beach Strand, later meeting again on the 12th Street public parking garage in Newport Beach, where one teen ended up hospitalized. Hermosa Beach Police have arrested one teen for the attack.

On March 9, former Hermosa Beach councilperson Sam Edgerton was walking on The Strand with his girlfriend, when he explained, they were accosted by a group of e-bikers that "kept on coming back at us". You can hear him calling the police on the video they posted. 

Then, there was an incident earlier this month, when the Meistrells were walking home after the popular Beach Life Festival. Witnesses I spoke to on the phone back up their claim that a group of teens on bikes drove past them, and hit a woman from the back when Randy Meistrell told them to slow down. 

Randy Meistrell admitted he went after one of them, after his wife went down, and that's when several of them attacked him.

Police showed up, but ended up taking Randy to jail, when one of the teens showed the officer video of Meistrell going after them. Redondo police say the incident is under investigation, but that Meistrell was taken in for "public intoxication," a "misdemeanor at most", I was told.

All three agencies, Redondo Beach, Hermosa Beach and Newport Beach, sent us statements, explaining their attempts to deal with e-biker issues, including educational efforts like school assemblies, enforcement like ticketing.

Manhattan Beach's City Council even enacted an emergency ordinance banning e-bikes on the Greenbelt and sidewalks, establishing a 15 mph speed limit on the beach bike path and imposing fines up to $1,000 for violations.

But those we spoke to say this particular group of kids is troubling and dangerous, and call for stronger enforcement before someone gets seriously hurt. 

Statement from Manhattan Beach Police Department:

The Manhattan Beach Police Department has been actively collaborating with regional partners to address recent concerns regarding a group of juveniles engaging in dangerous and criminal activities in our city and surrounding areas.

To date, we have taken the following steps:

1.    The Police Department has increased patrols in affected areas.

2.    We are working closely with our community to identify and engage with those involved.

3.    Arrests have and will continue to be made.

We recognize that these incidents cross jurisdictional boundaries and we are working with our partner agencies to investigate and solve these crimes.

The robbery on 12th Street at Metlox Plaza on May 4, 2024, involving multiple individuals confronting three others and stealing an e-bike battery and a necklace is under investigation by our juvenile detective.

We urge community members to report crimes directly to the Police Department promptly. For emergencies, call 9-1-1, and for non-emergencies, contact our dispatch at (310) 545-4566.

Statement from Hermosa Beach Police Department: 

Like many City police departments across the state, our officers have responded to multiple reports of reckless biking and unruly juveniles. The Hermosa Beach Police Department (HBPD) often sees an increase in these types of calls during the months leading up to summer. These illegal activities are being conducted by both juveniles and adults.

Hermosa Beach Police Chief Paul LeBaron recently gave an update regarding trends at a city council meeting:

HBPD and the City of Hermosa Beach are aware of community concerns and are working collaboratively to address them. In response to these issues and to encourage responsible use of e-bikes, Hermosa Beach Police officers and City staff use the "Three E’s": Education, Engineering, and Enforcement.

Education:
HBPD works to educate the community on the rules regarding eBikes and the potential consequences if not operated safely and within the law. We routinely speak to students in assemblies in our local schools about these topics as well as posting information on our social media.  

Enforcement:
HBPD officers also enforce violations of these laws. Citations are issued to bikes that do not follow the rules of the road. Illegal off road electric motorcycles are impounded. Those who shoot off illegal fireworks can be cited or arrested. Last week, HBPD officers impounded two illegal electric bikes and arrested two subjects for illegal fireworks.

This past weekend, the Hermosa Beach Police Department held a bike safety operation which resulted in 24 citations and 2 electric motorcycles being towed. Hermosa Beach PD can impound off road vehicles per the California vehicle code. Illegal "electric motorcycles" are often confused with eBikes. eBikes can be legally ridden on the city street like a bicycle as long as the rider is following the rules of the road.

Hermosa Beach Police officers impound both electric motorcycles and pocket bikes that operate illegally per the California vehicle code. Recently, HBPD officers have written numerous citations and impounded a half dozen of these illegal off-road vehicles. We posted this to HBPD social media channels.

Engineering:
On the engineering front, HBPD officers continue to work with City staff to identify and recommend solutions that encourage responsible e-bike use. Most recently, the City installed barricades on The Strand (a walking and bike path adjacent to the beach) to encourage cyclists to dismount in the no-riding zone.

To further ensure local bike safety, the City has also added sharrow markings on Prospect Avenue as part of a recent paving project to help establish a north-south bike route per the city’s bike Master Plan, and City Council has approved downtown lane reconfiguration to keep the bike lanes in Hermosa’s downtown area along Pier Avenue and Hermosa Avenue.

Under AB43, the City also lowered speed limits and updated its vehicle code to lower the speed of traffic and improve safety for all roadway users, including bikes. When a severe crash occurs within City limits, Hermosa’s Public Works department and HBPD staff meet to determine if an engineering countermeasure could help prevent or reduce future crashes.

In regards to the incident involving a young man:

HBPD received information regarding the assault of a middle school aged resident that occurred on April 28th. Officers reviewed video of the victim being assaulted by a group of teenagers, and our detectives conducted an investigation and identified multiple juvenile subjects involved. On May 14th, HBPD officers and detectives arrested the main suspect at his school. He was booked on assault charges and delivered to the custody of the L.A. County juvenile detention facility. 

Statement from Redondo Beach Police Department: 

The incident that occurred on May 3rd on the bike path on North Harbor Drive is currently under investigation by detectives from the Redondo Beach Police Department.  If the investigation rises to the level of a misdemeanor, the case will be presented to the Redondo Beach City Prosecutor for review.   Because it is an active investigation, no additional information will be released at this time.

The Redondo Beach Police Department has taken a proactive approach to both education and enforcement in regards to e-bikes.

Education:

Enforcement:

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2024 City Council Candidate Debate Question 7:

What is your opinion, regarding the increased danger and violence that the some South Bay

riders of electric bikes riders are now taking part in?

Do you believe that the actions that the City has proposed, will bring this situation under control?

______________________________________________________________

______________________________________________________________

Background Information For:  Debate Question 8  

______________________________________________________________

This debate question is based the following City webpage and City Notice:

Parking and Sidewalk Access Reminders – City of Hermosa Beach

http://www.hermosabch.org/index.aspx?page=914

PARKING EXAMPLES: DO'S AND DON'TS OF PROPER PARKING FOR SIDEWALK ACCESS

California Vehicle Code Section 22500 states that it is illegal for a vehicle to block access to a sidewalk.  

Code Section 22500 states:

“No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:

(f) On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5.

Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.”

If your vehicle is blocking sidewalk access, handicapped persons and other pedestrians are forced into our City streets.

If your driveway is not long enough to accommodate your vehicle, consider parking perpendicular to your garage so that sidewalks are accessible.

Did you know the City has designated “Safe Routes to School?” 

These are streets and sidewalks that children walk along every day. Take a look at your street. Do you live on a designated "Safe Route?"

The way you park in your driveway and in front of your residence impacts access to the sidewalks on these streets.

Please remember to BE AWARE & PARK WITH CARE.

Always park responsibly and keep sidewalks clear so that children and pedestrians are not forced to walk in the streets. 

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NOTE: 8th Street is a Safe Route to School

Notice of Upcoming 8th Street Construction

Posted Date: 6/19/2019 6:00 PM

http://www.hermosabch.org/index.aspx?recordid=1364&page=28

NOTICE OF UPCOMING 8th STREET CONSTRUCTION

June 19, 2019

Subject: 8th Street Improvements (Capital Improvement Project 14-173)

Dear Occupant/Property Owner:

This notice is to let you know that the City of Hermosa Beach will begin construction for the 8th Street Improvement Project the week of July 8th. The project will be led by Gentry General Engineering and construction improvements along 8th Street between Valley Drive and Hermosa Avenue will include:

    Creation of a continuous, accessible sidewalk on the north and south sides of the street

    Removal of encroachments from the public right of way as necessary

    Refreshing of crosswalks and striping along the corridor

What to Expect During Construction

Once the project begins construction, it is expected to take approximately 10 weeks to complete the work, pending weather delays and other unforeseen conditions. To minimize inconveniences, the construction work will be split into phases. Work will begin on the north side of the street beginning and estimated to begin at Valley Drive working toward Hermosa Avenue, before shifting to the south side of the street.

Construction hours are limited to 8 a.m. to 5 p.m. – Monday through Friday. As the project work is scheduled to begin in your immediate neighborhood, additional updates and notifications will be posted on the City website, and fliers will be provided to residents that will provide details for:

    Street sweeping and trash collection schedule changes

    Temporary parking restrictions posted at least 72 hours in advance

    Sidewalk and street closures or detours

Parking and Encroachments

During the project construction and at all times following the completion of the project, residents must make arrangements to ensure vehicles or equipment are not parked across or hanging over the sidewalk (or location where sidewalks are to be constructed). Please make arrangements now to clear space in your garage, schedule a bulky item pick-up, or obtain a parking permit for the permitted area to avoid citations or towing of vehicles.  [ Underline and Bold added ]

Additionally, please be advised that the project construction will involve the removal of unpermitted encroachments into the public right-of-way by the contractor including fencing, bricks, steps, and landscaping. If you are unsure whether your improvements are located on your property or within the right-of-way, please contact us.

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Parking and Sidewalk Access Reminders

https://www.hermosabeach.gov/our-government/police-department/parking-and-sidewalk-access-reminders

Please remember to be aware and park with care!  Maintaining access to sidewalks ensures that everyone can safely travel without stepping into traffic.

The City of Hermosa Beach maintains a Safe Routes to School program and has identified multiple safety corridors throughout the city where crossing guards can assist at the most congested intersections. Please use the "Contact Us" link for more information.

California Vehicle Code Section 22500 specifically provides that:

No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:

(f) On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.

Did you know the City has designated “Safe Routes to School?”

These are the streets that children traverse on their wat to schools.

They include:

Valley Dr.                            2nd St.

Pier Ave.                             5th St.

Ardmore Dr.                       8th St.

Monterey Blvd.                 14th St.

Prospect Ave.                    16th St.

The Strand                         21st St.

Morningside Dr.                27th St.

Longfellow Ave.              

Artesia Blvd.                    

Gould Ave.                       

If your vehicle is blocking sidewalk access, handicapped persons and other pedestrians are forced into our City streets

Is the vehicle in your driveway or the front of your residence blocking sidewalk access?

The way you park in your driveway and in front of your residence impacts access to the sidewalks on these streets.

Please remember to BE AWARE & PARK WITH CARE

Always park responsibly and keep sidewalks clear so that children and pedestrians are not forced to walk in the streets.

Check to make sure your sidewalk is accessible to ensure our children’s safety.

Are you sharing the road with young pedestrians?

--- Don’t block the crosswalk when stopped at a red light or waiting to make a turn, forcing pedestrians to go around you; this could put them in the path of moving traffic.

--- In a school zone when flashers are blinking, stop and yield to pedestrians crossing the crosswalk or intersection.

--- Always stop for a school patrol officer or crossing guard holding up a stop sign.

--- Take extra care to look out for children in school zones, near playgrounds and parks, and in all residential areas.

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2024 City Council Candidate Debate Question 8:

Do the following statements in quotes, from the ICMA Police Operations Report for the Hermosa Beach Police Department seem to be valid to you?

“Several community members noted the lack of traffic enforcement; both for moving violations and parking violations.”

“These observations were validated by the sworn personnel.”

Should the sidewalks on Safe Routes to School be available for all Hermosa Beach school children and residents to use without parked cars obstructing the sidewalks, at any time of day and 365 days a year?

Should the City come up with a plan that addresses the lack of traffic enforcement; both for moving violations and enforce the cars parked on sidewalks with a citation, after a warning has been given?

2 minute response from each City Council Candidate

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Background Information For:  Debate Question 9  

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Question 9: Uses information from the following 4 documents: __________________________________________________________

1.  PRESS RELEASE: “Reducing Alcohol-Related Harms in Los Angeles County” - 2011 2 page pdf

http://publichealth.lacounty.gov/phcommon/public/media/mediapubdetail.cfm?unit=media&ou=ph&prog=media&resultyear=2007&prid=903&row=25&start=1

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2.  “Reducing Alcohol-Related Harms in Los Angeles County” –

A Cities and Communities Health Report - Released December 2011 – 16 page pdf

http://publichealth.lacounty.gov/sapc/resources/AODFinalRevised13012.pdf

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3.  ICMA Police Operations Report for the Hermosa Beach Police Department

Released August 2013 56 page pdf

http://hermosabeach.granicus.com/MetaViewer.php?event_id=333&meta_id=145053

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4.  UPDATE ON THE CITY COUNCIL'S DOWNTOWN SUBCOMMITTEE AND "DOWNTOWN ENHANCEMENT PLAN" - 10/10/2017

https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=3181528&GUID=394EB5EB-FEA0-4064-A8E2-11CDCE462996

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This debate question is based the following:

Los Angeles County Department of Public Health Report:

“Reducing Alcohol-Related Harms in Los Angeles County - A Cities and Communities Health

http://publichealth.lacounty.gov/sapc/resources/AODFinalRevised13012.pdf

The report, "Reducing Alcohol-Related Harms in Los Angeles County," examines the density of alcohol outlets in 117 cities and communities across the County and highlights the relationship between alcohol outlet density and alcohol-related harms.

"Excessive alcohol consumption, which includes binge drinking and heavy drinking, not only has devastating personal effects, but also takes a tremendous toll on families and communities," said Jonathan E. Fielding, MD, MPH, Director of Public Health and Health Officer.

"Increased alcohol availability contributes to abuse, leads to serious medical illnesses and impaired mental health. Drinking too much also results in increased motor vehicle crashes and violent crime, family disruptions, and impaired performance at work and school - costing Los Angeles County nearly $11 billion dollars a year."

Key findings from the report include:

--- 16 percent of county adults are binge drinkers, and one in five Los Angeles-area high school students reported binge drinking at least once in the past month

--- Communities with a high density of restaurants, bars or stores selling alcohol were much more likely to have increased rates of violent crime

Determining Alcohol Outlet Density

Information on alcohol outlets within Los Angeles County was obtained from the California Department of Alcoholic Beverage Control (ABC).  ABC categorizes alcohol outlets as:

- on-premises - outlets where alcohol is served to be consumed on site, e.g. bars and restaurants.

- off-premises - outlets where alcohol is sold to be consumed off site, e.g. liquor stores and grocery stores.

A total of 16,039 alcohol outlets in LA County were identified and included in the analysis.  The densities (number of outlets per 10,000 residents) of on-premises and off-premises alcohol outlets were calculated separately, and categorized into teriles of "low," medium," or "high" density.

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Data compiled from the:

“Reducing Alcohol-Related Harms in Los Angeles County” report showed that:

- Hermosa Beach had 4 times the On-Premises alcohol outlet density compared to all of Los Angeles County.          [BOLD Added]

- Hermosa Beach had the 4th highest alcohol outlet density for On-Premises [On-Sale] establishments, comparing the 117 cities and communities in the "Reducing Alcohol-Related Harms in Los Angeles County" report.

["On-Premises Establishments" or On-Sale Outlets are; Restaurants, Bars or Nightclubs, with a On-Sale ABC Alcohol License]

- Hermosa Beach had the 9th highest alcohol outlet density for Off-Premises [Off-Sale ABC License] establishments, comparing the 117 cities and communities in the "Reducing Alcohol-Related Harms in Los Angeles County" report. 

["Off-Premises Establishments" or Off-Sale Outlets are; Liquor Stores, Markets or Grocery Stores, with a Off-Sale ABC Alcohol License]

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- Among the 7 South Bay cities bordering the ocean, from El Segundo south to Rancho Palos Verdes,

- Hermosa Beach ranked number 1 in the rate of Violent Crime, among these 7 South Bay cities.

- Hermosa Beach had more than 2 times the rate of Violent Crime, compared to Manhattan Beach.  

- Hermosa Beach had more than 3 times the rate of Violent Crime, compared to Rancho Palos Verdes.

- Hermosa Beach had more than 10 times the rate of Violent Crime compared to Palos Verdes Estates.

Violent Crime includes; Rape, Robbery, Aggravated Assault and Homicide.

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The following is a ranking of the violent crime rate for the:

7 South Bay Cities that border the ocean, from El Segundo south to Rancho Palos Verdes. 

Compiled from the: "Reducing Alcohol-Related Harms in Los Angeles County" report: data on pdf pages - 8, 9, 10

Ranked 1.  Hermosa Beach number 1, in Violent Crime Rate                  3.5  per 1,000 / pop.

Ranked 2.  Redondo Beach number 2, in Violent Crime Rate                  3.1  per 1,000 / pop.

Ranked 3.  Torrance number 3, in Violent Crime Rate                              2.3  per 1,000 / pop.

Ranked 4.  El Segundo number 4, in Violent Crime Rate                          2.1  per 1,000 / pop.

Ranked 5.  Manhattan Beach number 5, in Violent Crime Rate              1.4  per 1,000 / pop.

Ranked 6.  Rancho Palos Verdes number 6, in Violent Crime Rate        0.9  per 1,000 / pop.

Ranked 7.  Palos Verdes Estates number 7, in Violent Crime Rate         0.3  per 1,000 / pop.

Violent Crime includes; Rape, Robbery, Aggravated Assault and Homicide.

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YouTube Video:

Hermosa Beach Mayor Recovering After Being Assaulted

https://www.youtube.com/watch?v=NBWIptqGte4

 

16,967 views Jun 18, 2021 – TRT 26 sec

Mayor Justin Massey says two men attacked him when he asked someone to stop throwing trash from a car. DeMarco Morgan reports.

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The following Crime Data was obtained from:

State of California Department of Justice

Bureau of Criminal Information and Analysis

Criminal Justice Statistics Center – CJSC

Searched: "Jurisdiction" - Example Search; “Hermosa Beach” and "Misdemeanor Arrests"

CJCS Statistics Homepage:  https://oag.ca.gov/crime/cjsc/stats/arrests

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From 2010 to 2019, Hermosa Beach and Manhattan Beach, experienced the following crime statistics:

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Part 1 Aggravated Assault and Part 1 Rape

Hermosa Beach and Manhattan Beach - 10 Year Crime per capita comparison – 2010 to 2019

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For 120 months, 2010 thru 2019:

 Hermosa Beach had 2 times the Part 1 Aggravated Assault crime rate,

 compared to Manhattan Beach.

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For 60 months, 2015 thru 2019:

 Hermosa Beach had 2.18 times the Part 1 Aggravated Assault crime rate,

 compared to Manhattan Beach.
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For 120 months, 2010 thru 2019:

 Hermosa Beach had 1.76 times the Part 1 Rape crime rate, 

 compared to Manhattan Beach.

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Hermosa Beach City Council Meeting – February 23, 2016

Study Session: Downtown Cost/Benefit Finance Analysis - 6:00 PM

Staff Report 16-0149 - DRAFT COST BENEFIT ANALYSIS, DOWNTOWN

https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=2574254&GUID=EA6BA749-7BE4-49AE-8DBA-C1700ACF2A4D

Quotes From:

Staff Report 16-0149: DRAFT COST BENEFIT ANALYSIS, DOWNTOWN

Background:

"On June 9, 2015, staff presented the Council with a report on downtown revenue and expenses for 2013-14.  The report was not an in depth analysis but more of a quick attempt to quantify expenditures as had been presented previously."

"Staff recommended that an independent third party be engaged to do a more in depth study, to include late night establishments, if Council was interested.  The City Council directed staff to proceed with the study."

"Staff engaged the firm of Kosmont Companies to prepare the study, as they had prepared the cost benefit analysis for the oil project."

"The conclusion of the report is that businesses in the downtown area likely generate approximately $6.8 million in direct municipal revenue and result in approximately $6.5 million in direct municipal expenditures."

"Late night establishments within downtown generate approximately $1.3 million in direct municipal revenue and approximately $1.6 million in direct municipal expenditures." 

Attachments:

1. Draft Downtown Cost Benefit Analysis Report 2-8-16.pdf

https://hermosabeach.legistar.com/View.ashx?M=F&ID=4255398&GUID=939F4470-609F-4487-B136-E4EA4B4FB5B1

2. Downtown Cost Benefit Public Comments and Responses.pdf

https://hermosabeach.legistar.com/View.ashx?M=F&ID=4259174&GUID=17588F92-8FED-4FBF-973D-96A7BA71DD76

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Background Information For:  Debate Question 9  

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Hermosa Beach has the reputation for being a fun, vibrant and easy-going city, and in many ways, it is.

Hermosa Beach has had a long tradition of not granting, Type 47 On-Sale General – Eating Place License, which are hard liquor serving licenses to the restaurants on Upper Pier Ave.

Recently the City Council agreed to grant a Type 47 On-Sale General – Eating Place License, hard liquor license to an existing beer and wine serving restaurant, The Rockefeller on Upper Pier Ave.

Planning Commission | Notice of Public Hearing | 168 Hill St & 420-422 Pier Ave (Rockefeller)

https://www.hermosabeach.gov/Home/Components/News/News/3826/

CUP 23-07 ROCKEFELLER - REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (CUP 23-07) TO MODIFY THE APPROVED FLOOR PLAN AND EXISTING TYPE 41 ON-SALE BEER & WINE – EATING PLACE LICENSE, TO A TYPE 47 ON-SALE GENERAL – EATING PLACE LICENSE, FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR THE CONSUMPTION ON THE LICENSE PREMISES, AT AN EXISTING RESTAURANT LOCATED AT 420-422 PIER AVENUE (ROCKEFELLER), WITH EXISTING HOURS OF OPERATION OF 7 DAYS A WEEK, FROM 7 A.M. TO 11 P.M; AND TO MAKE THE DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The previous concerns to residents that live near this new alcohol serving intensification was that other restaurants on Upper Pier Avenue would now want the same TYPE 47 ON-SALE GENERAL – EATING PLACE LICENSE hard liquor license in order to compete.

This hard liquor license intensification can also lead to these alcohol serving restaurants at some point, turning into sports bars or night clubs, when later closing hours, such as 2 am closing hours are granted in the future, as has been done in the past with Pier Plaza alcohol serving restaurants, in Hermosa Beach.  The Rockefeller current closing hours are 11 pm, 7 days a week.

These Upper Pier Ave locations for alcohol serving restaurants are also on a Safe Routes to School, and Upper Pier Ave is also within 600 feet of the Valley School location and within 100 feet of residential dwellings.

Note: California law says ABC may deny any retail license located (a) within the immediate vicinity of churches and hospitals, or (b) within at least 600 feet of schools, public playgrounds and nonprofit youth facilities. Generally, ABC will deny a license in the above situations when there is evidence that normal operation of the licensed premises will be contrary to public welfare and morals. Mere proximity by itself is not sufficient to deny the license.

ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. (Section 23789 and Rule 61.4)

The City Council also approved a hard liquor serving license to the hotel near 14th and Hermosa Ave, which is within 600 feet of a church and within 600 feet of Noble Park and within 100 feet of a residential dwelling.

Note: That the California State PTA and its units, councils and districts encourage the California Department of Alcoholic Beverage Control to adopt new policies which would require the refusal of issuance or transfer of on-site retail licenses for premises within 600 feet of schools;

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2024 City Council Candidate Debate Question 9:

Regarding the City recently granting,  A TYPE 47 ON-SALE GENERAL – EATING PLACE LICENSE, FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR THE CONSUMPTION ON THE LICENSE PREMISES – The Rockefeller

How many more Type 47 On-Sale General hard liquor licenses for restaurants, would you want to be approved on Upper Pier Ave. or any other location in Hermosa Beach?

Do you agree with California ABC restrictions against granting restaurants ABC licenses within 600 feet of the Valley School or within 100 feet of residential dwellings?

What is your opinion on the City granting 2am closing hours to any alcohol serving restaurants on Upper Pier Avenue?

2 minute response from each City Council Candidate

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2024 City Council Candidate’s Closing Statement: 

2 minutes for each City Council Candidate’s Closing Statement

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End of the 2024 City Council Candidate Debate 

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