Z O N I N G A D J U S T M E N T S B O S t a f f A R D R e p o r t For Board Action September 23, 2010 1284 San Pablo – Bingo Facility Public Hearing to Consider Recommendation to City Council as to Whether the Bingo Facility at 1284 San Pablo Avenue is in Violation of Use Permit #A954 (Resolution No. 53,501-N.S.) Under BMC Section 23B.60.020 and, if so, the appropriate remedy. RECOMMENDATION That the Board consider the testimony presented at the public hearing and recommend to the City Council that it find that the Bingo Facility at 1284 San Pablo is in violation of Use Permit #A954 under Berkeley Municipal Code Chapter 23B.60, and order that Use Permit #A954 be revoked. BACKGROUND AND SUMMARY Berkeley Municipal Code Provisions for This ZAB Hearing The Zoning Adjustments Board (ZAB) is conducting this hearing pursuant to Berkeley Municipal Code (BMC) Chapter 23B.060. For the purposes of this Chapter, the ZAB is an advisory body to the Council. BMC Section 23B.60.020A provides that the Council may revoke or modify a Permit if it finds that “[t]he holder of the permit has failed to comply with at least one or more of the conditions set forth therein.” The ZAB’s duties in this proceeding are: to conduct a public hearing, and to “make a written recommendation to the Council whether to revoke or modify the Permit on the grounds specified in Section 23B.60.020, based on the evidence, testimony, and facts presented to the Board at the hearing. Such recommendation shall include written findings in support thereof and shall be issued within thirty-five (35) days after the conclusion of the hearing.” 1284 SAN PABLO AVENUE Page 2 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 The Council will conduct its hearing within 60 days of the issuance of the ZAB recommendation (Section 23B.60.050). According to Section 23B.60.060, upon making any of the required findings, “the Council may impose any remedy available at law or in equity which shall include, but is not limited to, any of the following or combination thereof: enjoining the use in whole or in part; imposing reasonable conditions upon any continued operation of the use, including those uses which constitute non-conforming uses; requiring continued compliance with any conditions so imposed; requiring the use to guarantee that such conditions shall in all respects be complied with; and, upon a failure of the user to comply with any conditions so imposed, imposing additional conditions or enjoining the use in whole or in part.” Exhibit Address Errors The correct address for the Bingo Facility is 1284 San Pablo Avenue. However, Exhibits 6, 9, 10, and 14 erroneously have the address as 1284 Gilman. There is no bingo facility at 1284 Gilman. Ownership and Operation of the Bingo Facility The property at 1284 San Pablo is owned by the McDermott Family Limited Partnership. The operation of the Bingo Facility at 1284 San Pablo was approved by Use Permit #A954 on October 21, 1986 (Exhibit 1). According to City records, names listed for the property are: George F. McDermott and McDermott Family Limited Partnership. Originally Use Permit #A954 required that all non-profit bingo operators be approved by the Zoning Adjustments Board prior to operating non-profit bingo at 1284 San Pablo. On January 9, 2003, at the request of the McDermott’s representative and Bingo Hall Manager Mary Parker, the Zoning Adjustments Board approved a modification to Use Permit #A954 allowing staff level approval of future bingo operators (Exhibit 2, 3 and 4). Use Permit #A954 Use Permit #A954 placed forty-five (45) operating conditions on the bingo facility operator (property owner) and non-profit organizations occupying the facility. Since 1986, both the property owner and non-profit organizations have consistently operated in violation of the Use Permit conditions. Use Permit #A954, Condition 43 requires all non-profit organizations to comply with Berkeley Municipal Code (BMC) Chapter 9.18. BMC Section 9.18.060 requires all organizations to have available a list of approved staff at all times. Conditions 29 through 32 and BMC Section 9.18.100 require that a “Bingo Manager”, who shall be a member of the organization, be appointed and responsible for the operation of the game and that all other staff be volunteer members of the organization. BMC Section 9.18.070 restricts bingo prize awards to $250. Consistent with Use Permit Condition 44, BMC Section 9.18.130 requires all organizations to use the bingo facility to perform the duties of the non-profit organization and the bingo permit of any organization that fails to use the bingo facility to perform the duties of the non-profit organization may be nullified. Penal Code Section 326.5(f) requires all organizations to use the bingo facility to perform the duties of the organization. Penal Code Section 326.5(h) states that only members of the authorized organization must staff and operate bingo games. Penal Code Section 326.5 requires that bingo profits may only be G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 3 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 used for charitable purposes. Penal Code Section 326.5(k)(2)(A) mandates that no more than 20% of bingo proceeds before the deduction of prizes or $2000 per month, whichever is less, may be used for rental of property. Penal Code Section 326.5(n) states that no bingo prize shall exceed $500. However, State Section 326.5 does not prohibit the City from establishing a lower bingo prize limit and, therefore, does not preempt BMC Section 9.18.070 limit of $250.00 prizes. Bingo Operators Since 1986, thirty-five (35) non-profit organizations have operated non-profit bingo at 1284 San Pablo. From 1986 to 2004, all Use Permit modification applications to approve new non-profit bingo organizations were authorized or signed by George McDermott or the Bingo Hall Manager, Mary Parker. In 2007, George McDermott submitted a letter to the Code Enforcement Unit in response to a Notice of Violation issued on February 27, 2007. The letter stated that Robert Casteel (Exhibit 5 ) was authorized to act on behalf of the McDermott Family Limited Partnership on matters relating to the permitting and operation of bingo at 1284 San Pablo. Since 2007, the Planning Department has approved applications to operate non-profit bingo at 1284 San Pablo for five non-profit organizations. Two of these five applications were submitted by Ulysses Cooperwood on behalf of Youth Actors Company organization and William Carpenter on behalf of East Bay Charities organization. On July 13, 2010, due to ongoing and extensive violations, the bingo permits issued pursuant to Chapter 9.18 for Mr. Cooperwood and Mr. Carpenter were suspended. (Exhibits 9 and 10). As state above, Use Permit Condition 44, BMC 9.18.130 and Penal Code Section 326.5(f) requires all non-profit bingo operators to use the bingo facility to perform the duties for which the non-profit was created. In 1986, five non-profit bingo operators concurrently used the bingo facility (Exhibit 25). In 1991, five non-profit bingo operators concurrently used the bingo facility. In 1994, four non-profit bingo operators concurrently used the bingo facility. In 1997, nine non-profit bingo operators concurrently used the bingo facility. In 2003, three non-profit bingo operators concurrently used the bingo facility. We have found no record that any of the above non-profit bingo operators maintained offices at the bingo facility nor have we found any record that they used the bingo facility to perform the duties for which the non-profit was created. Enforcement Activity Enforcement has been an ongoing and intermittent problem at 1284 San Pablo. On March 7, 2005, Code Enforcement Officer Gerald Love responded to complaints that an Automatic Teller Machine had been installed in the bingo facility without an approved zoning permit. Mr. Love issued a Notice of Violation (Exhibit 7) to the Bingo Manager Albert Medina and ordered Mr. Medina to correct the violation within five days. Because Mr. Medina did not respond, on May 9, 2005, Mr. Love issued a Second Notice of Violation to the property owner, George McDermott. Mr. McDermott was ordered to correct the violation within ten days. On May 11, 2005, Ralph Evans submitted a zoning application to legalize the unpermitted Automatic Teller Machine. On July 7, 2006, Code Enforcement Officer Roy Phelps responded to neighbors’ complaints that bingo games were being held as late as 1:00a.m. Mr. Phelps met with the Bingo Hall Manager, Mr. Albert Medina, and informed him that the permitted hours for bingo games were 6:00pm to 10:30pm. In G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 4 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 addition, Mr. Phelps issued a Notice of Violation to the property owner, George McDermott (Exhibit 6). On December 8, 2006, in response to a bingo advertisement in the Berkeley Daily Planet that advertised Saturday bingo events from 5:00pm to 11:00pm, Zoning Officer Mark Rhoades issued a formal warning letter to Bingo Hall Manager Ralph Evans. The letter informed Mr. Evans that continued violations of the Use Permit may result in revocation. (Exhibit 8). On June 18, 2008, Code Enforcement Officer Gerald Love responded to neighbors’ complaints regarding operating hour violations. Mr. Love conducted a site inspection at 1:00pm and confirmed that bingo games were being played in violation of Condition 13. Mr. Love instructed the Bingo Hall Manager, Mr. Cooperwood, that he must terminate all bingo games and that no bingo games may be played before 6:00pm. Surrender of Bingo Permit An investigation into the ongoing violations of the bingo operation at 1284 San Pablo was conducted from October 2009 until July 2010. As a result of the investigation, on July 8, 2010, the Code Enforcement Unit issued two Notices of Suspension of Bingo Permit (Exhibits 9 and 10) to Mr. Ulysses Cooperwood, Youth Actors Company and Mr. William Carpenter, East Bay Charities. Both non-profits were informed that their respective bingo permits would be suspended effective July 13, 2010. On July 12, 2010, both Mr. Cooperwood and Mr. Carpenter surrendered their respective bingo permits through their attorney, Mr. Woidtke. (Exhibits 11 and 12). Bingo Permit Suspension – William Carpenter – East Bay Charities On January 28, 2010, Mr. Cooperwood contact Code Enforcement Supervisor Gregory Daniel regarding the bingo permit application for Mr. William Carpenter. Mr. Cooperwood stated that he and Mr. Carpenter would be operating bingo at 1284 San Pablo. On January 28, 2010, Mr. Carpenter submitted Use Permit Transfer Application #10-90000066 (Exhibit 13) to assume responsibility for Use Permit #A954, which authorizes the use of the building at 1284 San Pablo for purposes of nonprofit bingo. The effect of the transfer was to authorize East Bay Charities, a non-profit company as a bingo operator. According to the Transfer Application, East Bay Charities was to operate bingo on Monday through Sunday from 6:00 pm until 10:00 pm. On March 5, 2010, Mr. Cooperwood stated that Mr. Carpenter operates bingo on Tuesday and Wednesday. In connection with the on-going investigation of the bingo operations at 1284 San Pablo Avenue, Code Enforcement Supervisor Gregory Daniel and Code Enforcement Officer Gerald Love met with Mr. Carpenter on March 9, 2010. Mr. Carpenter was informed that Code Enforcement had received two complaints regarding bingo payout exceeding $250 and that Code Enforcement would continue to investigate bingo complaints. Mr. Carpenter was also advised that he would receive the same enforcement letter (Exhibit 14) sent to Mr. Cooperwood regarding East Bay Charities non-profit records. According to documents provided by Mr. William Carpenter, East Bay Charities is a public charity created to raise funds for battered woman and abused children. The address for East Bay Charities is a two bedroom single family house at 20635 Maria Court, Castro Valley, California. Documents provided to the Code Enforcement Unit do not identify any other location that is being used for the G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 5 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 non-profit purpose for which East Bay Charities was created. On July 7, 2010, Mr. Carpenter stated that he only uses 1284 San Pablo for bingo. In February 2010, Code Enforcement received complaints from two bingo patrons that Mr. Carpenter was paying out bingo prize awards that exceeded the $250 limit. Another bingo patron complained that Mr. Carpenter forced her to surrender a $1000 bingo prize award claiming an error was made by the bingo caller. Mr. Cooperwood confirmed that Mr. Carpenter did in fact require a bingo patron to surrender the $1000 bingo prize award. A bingo patron was contacted by Code Enforcement Officer Gerald Love on June 7, 2010, stated that he plays bingo at least twenty times each month and that Mr. Carpenter routinely pays $1000 bingo prize awards and that the most recent was on June 1, 2010 (Exhibit 15). A bingo patron called Code Enforcement Supervisor Gregory Daniel and complained that on Tuesday, June 22, 2010, bingo prize money was paid to four bingo patrons even though the bingo caller, Peter, only announced three winners. This happened again on June 24, 2010, when Kevin was the bingo caller. The bingo patron stated that both incidents were reported to Ulysses Cooperwood. On July 2, 2010 a bingo patron called Code Enforcement Supervisor Gregory Daniel and complained that on Tuesday, June 29, 2010, Mr. Carpenter paid out three $1000 bingo prize awards. As a result of this investigation, it has become apparent that the East Bay Charities bingo operation at 1284 San Pablo Street is in violation of the applicable land use entitlements, specifically Use Permit #A954 and Use Permit Transfer Application #09-10000063, as well as being conducted in violation of BMC Chapter 9.18 and California law. Specific violations of Use Permit #A954 since February 2, 2010, include, but are not limited to, the following: Lease of Facility Condition 12 requires that all leases for the use of the facility must include office space for each non-profit. Such office space must be used exclusively for the performance of the purposes for which the non-profit was created. Since February 2010, East Bay Charities has not operated a separate office space for the activities of East Bay Charities based on visual inspections and Mr. Carpenter’s July 7, 2010 statement. Prize Limit Condition 36 and BMC section 9.18.070 established a prize limit of $250 per bingo game. Since February 2010, Mr. Carpenter has repeatedly advertised and paid bingo prize awards exceeding $250 (Exhibit 16). Special Games Condition 39 requires East Bay Charities to notify the Zoning (Current Planning) Division in writing of any special games the organization conducts. Since February 2010, East Bay Charities has advertised and paid bingo prize awards for special bingo games. However, there are no records that East Bay Charities has provided written notification to the Zoning Division regarding these special bingo games (Exhibit 16). G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 6 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 Failure to file Quarterly Bingo Report Condition 41 requires each organization that has been issued a bingo permit to file a detailed City of Berkeley Quarterly Bingo Report with the Finance Department. For the period, February 2010 through June 2010, East Bay Charities has failed to file the Quarterly Bingo Report. Failure to provide Winner Signatures List Condition 42 requires each non-profit organization to file, with the Quarterly Bingo Report, a list of names and signatures of all bingo winners. East Bay Charities has failed to provide the City with the names and signatures of all bingo winners from February 2010 through June 2010. Failure to perform activities/office space Condition 44 requires that East Bay Charities must have an office at 1284 San Pablo that is exclusively used for the purposes for which East Bay Charities was created. Since February 2010, East Bay Charities has failed to perform activities at 1284 San Pablo for which East Bay Charities was created. All space rented by East Bay Charities has been used solely for the purposes of their bingo operations as described above. Bingo Permit Suspension – Ulysses Cooperwood – Youth Actors Company On July 29, 2009, Mr. Cooperwood submitted Use Permit Transfer Application #09-10000063 to assume responsibility for Use Permit #A954, which authorizes the use of the building at 1284 San Pablo for purposes of non-profit bingo. The effect of the transfer was to authorize Youth Actors Company, a non-profit company, as a bingo operator. According to the Transfer Application, Youth Actors Company is to operate bingo on Monday through Friday from 6:00 pm until 11:00 pm and on Saturday and Sunday from 4:00 pm until 11:00 pm. According to documents provided by Mr. Ulysses Cooperwood, Youth Actors Company is a youth oriented theater company. The class schedule and performances are Wednesday and Thursday 3:30 pm to 5:00 pm and Saturday 10:00 am to 12:00 pm. However, there have been no classes or performances held at 1284 San Pablo since July 29, 2009 when Mr. Cooperwood began his non-profit bingo operation based upon Mr. Cooperwood admission, and the Code Enforcement Unit has not been able to verify that classes or performances have been held at any other locations. The address for Youth Actors Company is a four bedroom single family house at 1994 Galbreth Road, Pinole, California. Based on the City of Pinole zoning district regulations, a theater company is not an approved use at that location. In addition, the City of Pinole has no record of an approved zoning permit or home occupation permit, or any other permit or application therefore that would authorize the use of 1994 Galbreth Road for theater purposes. Additionally, documents provided by Mr. Cooperwood and his accountant, Dr. Jesse M. Wyatt, CEO of Wyatt and Associates, (Exhibit 17) show that no other location is being used for the non-profit purpose for which Youth Actors Company was created. On October 19, 2009, Code Enforcement Officer Gerald Love and Code Enforcement Assistant Planner Nathan Dahl were scheduled to meet Mr. Cooperwood to inspect the bingo operation at 1284 San Pablo. Mr. Cooperwood was not available for the inspection. Nonetheless, City staff determined that the prize awards being paid by Mr. Cooperwood exceeded the $250 limit established by Berkeley Municipal Code (BMC) section 9.18.070 (“Maximum Amount of Prize”), based on multiple colored flyers attached to the wall of the bingo hall that advertised 25 bingo games paying $1000 prizes and 20 G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 7 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 bingo games paying $500 prizes, and the October web page (Exhibits 18 and 19) for Gilman Street Bingo at 1284 San Pablo which advertised three $500 games and two $1000 games. On December 9, 2009, Code Enforcement Supervisor Gregory Daniel and Code Enforcement Officer Gerald Love inspected the bingo operation of Youth Actors Company after receiving a complaint that Mr. Cooperwood was continuing to pay prize awards exceeding $250 in violation of BMC section 9.18.070. Mr. Love issued a Notice of Violation (Exhibit 20) to Mr. Cooperwood for violating BMC section 9.18.070, BMC sections 23A.12.010 and 23B.56.040, which require that all uses permitted under the Zoning Ordinance and subject to Use Permits must comply with the Zoning Ordinance (BMC Title 23) and all other applicable local and other laws and regulations. In addition, Mr. Cooperwood was directed to provide the Code Enforcement Unit with a list of all officers and members of Youth Actors Company and to cease all prize payouts exceeding $250. Mr. Cooperwood was also warned that he would be cited $2000 per day per violation. Mr. Cooperwood failed to comply with the Notice of Violation. He has not provided the Code Enforcement Unit with a list of Youth Actors Company members and, as described below, has continued to pay bingo prize awards exceeding $250. On January 14, 2010, Mr. Cooperwood submitted a written request to the City Manager asking that enforcement be stayed until the City determines whether the prize limit in BMC 9.18.070 is consistent with State law. Specifically, Mr. Cooperwood claimed that AB 1369 supersedes BMC section 9.18.070 and allowed bingo halls to pay bingo awards up to $500 as a matter of right (Exhibit 21). On February 3, 2010, Deputy City Manager Christine Daniel, issued a letter (Exhibit 22) to Mr. Cooperwood stating that SB 1369 (not AB 1369) gives cities the authority to enact bingo ordinances and the authority to limit bingo prize awards. The Deputy City Manager’s letter further stated that BMC section 9.18 is consistent with State law and that bingo prize awards paid by Youth Actors Company are limited to $250. In connection with the on-going investigation of the Youth Actors Company bingo operation, Mr. Love contacted bingo players listed on the petition submitted by Mr. Cooperwood with his January 14, 2010 letter to the City Manager. Twelve of those bingo players have confirmed that Mr. Cooperwood has continued to pay bingo prize awards exceeding $250. Three confirmed that Mr. Cooperwood has paid at least four bingo prize awards exceeding $1000 since April 2010 (Exhibit 15). Ms. Joyce Thibodeaux contacted Code Enforcement Supervisor Gregory Daniel and complained that on New Year’s Day, January 1, 2010, Mr. Cooperwood held twenty-five (25) $1000 bingo games. According to the complaint, Mr. Cooperwood’s wife won three (3) $1000 bingo games, Mr. Cooperwood’s son won two (2) $1000 bingo games and two of Mr. Cooperwood’s bingo facility employees won $1000 bingo games each. In addition, the complainant stated that on Friday June 25, 2010, Mr. Cooperwood’s wife won a $1000 bingo game and Mr. Cooperwood’s son (Peter) won a $1000 bingo game. On July 2, 2010, Code Enforcement Supervisor Gregory Daniel inspected the bingo operations at 1284 San Pablo. At 5:30pm volunteer workers (Exhibit 23) were selling bingo flash cards. A volunteer worker named Ron stated that he sells approximately 1200 Instant Hits flash cards per night. The winning payout for the Instant Hits flash card is $500. A volunteer worker named Kevin, identified as G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 8 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 a volunteer floor worker and a bingo caller, stated that he sells approximately 600 Blockbuster flash cards per night. The winning payout for the Blockbuster flash card is $100, $300 or $400. A volunteer worker named Michael stated that he sells approximately 2400 Triple Score flash cards per night. The winning payout for the Triple Score flash card is $300 minimum and $750 maximum. As a result of this investigation, it has also become apparent that the Youth Actors Company’s bingo operation at 1284 San Pablo Street is in violation of the applicable land use entitlements, specifically Use Permit #A954 and Use Permit Transfer Application #09-10000063, as well as being conducted in violation of BMC Chapter 9.18 and California law. Specific violations of Use Permit #A954 since July 2009, include, but are not limited to, the following: Lease of Facility Condition 12 requires that all leases for the use of the facility must include office space for each nonprofit. Such office space must be used exclusively for the performance of the purposes for which the non-profit was created. Since July 2009, Youth Actors Company has not operated a separate office space for the activities of Youth Actors Company base upon visual inspections. Prize Limit Condition 36 and BMC section 9.18.070 established a prize limit of $250 per bingo game. Since October of 2009 Mr. Cooperwood has repeatedly advertised and paid bingo prize awards exceeding $250 (Exhibits 15, 19 and 20). Special Games Condition 39 requires Youth Actors Company to notify the Zoning (Current Planning) Division in writing of any special games the organization conducts. The profit and loss statement, dated February 3, 2010, (Exhibit 24) provided by Mr. Cooperwood states that Youth Actors Company paid out $174,379 in special bingo game prize awards. However, there are no records that Youth Actors Company has provided written notification to the Zoning Division regarding these special bingo games. Excess Overhead Condition 37 requires non-profits to limit their overhead to $1000 or 20% of the net proceeds, whichever is less. As stated in the profit and loss statement, dated February 3, 2010 (Exhibit 24), provided by Mr. Cooperwood, during the period July 2009 through December 2009 the total overhead for Youth Actors Company was $648,934.13. This overhead amount exceeded the limits set by Use Permit #A954, Condition 37 by $516,822. Excess Rent Condition 11 which was modified on November 25, 1991, limits rent charged for use of the building to $1,070 per day. The profit and loss statement dated, February 3, 2010 (Exhibit 24) provided by Mr. Cooperwood, shows that during the period July 29, 2009 through December 2009, Mr. Cooperwood paid $258,868 in rent for the bingo hall. Total rent paid for the 156 days should have been $166,920. Total rent paid exceeds the limits set by Condition 11 by $91,158. Failure to file Quarterly Bingo Report Condition 41 requires each organization that has been issued a bingo permit to file a detailed City of Berkeley Quarterly Bingo Report with the Finance Department. For the twelve month period, July 2009 through June 2010, Mr. Cooperwood has failed to file the Quarterly Bingo Report. G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx 1284 SAN PABLO AVENUE Page 9 of 9 ZONING ADJUSTMENTS BOARD September 23, 2010 Failure to provide Winner Signatures List Condition 42 requires each nonprofit organization to file, with the Quarterly Bingo Report, a list of names and signatures of all bingo winners. Mr. Cooperwood has failed to provide the City with the names and signatures of all bingo winners from July 2009 through June 2010. Failure to perform activities/office space Condition 44 requires that Youth Actor’s Company must have an office at 1284 Gilman that is exclusively used for the purposes for which Youth Actors Company was created. Since July 2009, Youth Actors Company has failed to perform activities at 1284 San Pablo for which Youth Actors Company was created. All space rented by Youth Actors Company has been used solely for the purposes of their bingo operations. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 25 UP #A954 Mary Parker 9/2002 Letter to Planning Mary Parker 11/20/2002 Letter to Planning ZAB 1/9/2003 Notice of Decision Robert Casteel Letter March 7, 2005 Notice of Violation July 7, 2006 Notice of Violation December 8, 2008 Zoning Officer Letter July 8, 2010 Cooperwood Suspension Letter July 8, 2010 Carpenter Suspension Letter July 12, 2010 Letter from Attorney Jay Woidtke July 12, 2010 Letter from Attorney Jay Woidtke Use Permit Transfer Application 10-90000066 March 24, 2010 Enforcement Letter Gilman Street Bingo Payout Investigation June 22, 2010 Bingo Prize Web Advertisement Documents from Accountant October 6 2009 Bingo Prize Web Advertisement October Gilman Street Bingo Wall Flyer December 9, 2009 Notice of Violation January 14, 2010 Letter from Mr. Cooperwood Deputy City Manager letter to Cooperwood February 3, 2010 Youth Actors Company Bingo Workers Youth Actors Company Profit and Loss Statement Non-Profit Bingo Organizations G:\LANDUSE\Projects by Address\San Pablo\1284\1284 San Pablo Revocation\2010-09-23_ZAB_1284 San Pablo\2010-09-23_1284 San Pablo_bingo revocation Final.docx