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01-28-2020 - Agenda Pkg - CC Regular Meeting
Tuesday, January 28, 2020 6:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Mary Campbell Mayor Pro Tem Justin Massey Councilmembers Hany S. Fangary Michael Detoy Stacey Armato Regular Meeting Agenda Closed Session - 6:00 PM Regular Meeting - 7:00 PM Executive Team Viki Copeland, Finance Director Marnell Gibson, Public Works Director Michael McCrary, Interim Police Chief Ken Robertson, Community Development Director Vanessa Godinez, Human Resources Manager Kelly Orta, Community Resources Manager City Treasurer Karen Nowicki City Attorney Michael Jenkins Suja Lowenthal, City Manager Nico De Anda-Scaia, Assistant to the City Manager January 28, 2020City Council Regular Meeting Agenda 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL PUBLIC COMMENT RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 1.20-0047 MINUTES: Approval of minutes of Closed Session held on January 14, 2020. 2.20-0048 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Management Association Unrepresented Employees 3.20-0016 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Name of Case: Linda Bauer v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV32667 b) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 c) Name of Case: Arlene Buschbach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV11390 d) Name of Case: Samantha Carter v. City of Hermosa Beach United States District Court, Case Number: LACV1907236-PA-ADS e) Name of Case: Kerry Cartwright v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCV05692 f) Name of Case: Stephan Diamond v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV34179 g) Name of Case: Dina Fangary v. City of Hermosa Beach, et al. Los Angeles County Superior Court, Case Number: 19STCP05134 Page 2 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda h) Name of Case (State): Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 i) Name of Case (Federal): Hermosa Fitness LLC v. City of Hermosa Beach United States District Court, Case Number: 2:19-cv-08666-CAS-AFMx j) Name of Case: Rosie Johnson v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC717427 k) Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC072628 ADJOURNMENT OF CLOSED SESSION Page 3 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda 7:00 P.M. - REGULAR AGENDA All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agenda packets are available for your review on the City's website located at www.hermosabeach.gov. Complete agenda packets are also available for public inspection in the City Clerk's office. During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Oral and Written Communication Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit the written materials to the City Manager's office by email (anny@hermosabeach.gov) or in person by noon of the Tuesday, one week before the meeting date. Written materials pertaining to matters listed on the posted agenda received after the agenda has been posted will be added as supplemental materials under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email. Supplemental materials may be submitted via eComment (instructions below) or emailed to anny@hermosabeach.gov. Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure Council and staff have the ability to review materials prior to the meeting. Supplemental materials submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted online the next day. Submit Supplemental eComments in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. Public Participation Speaker Cards: If you wish to speak during Public Participation, please fill out a speaker card at the meeting. The purpose of the speaker card is to streamline and better organize our public comment process to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. Page 4 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a)20-0049 INTRODUCTION OF HERMOSA BEACH POLICE OFFICER MATT RUSHTON AND HIS NEW K-9 PARTNER, CHARLIE b)20-0050 HERMOSA BEACH CHAMBER OF COMMERCE REVIEW OF 2019 PROGRAMS AND VISION FOR 2020 MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)20-0063 UPDATE ON REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) AND HOUSING ELEMENT Link to City Information Items webpageAttachments: PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, Page 5 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a)REPORT 20-0051 MEMORANDUM REGARDING CITY COUNCIL MEETING MINUTES Recommendation:Staff recommends that the City Council receive and file this memorandum. b)REPORT 20-0043 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. 1. 01-09-20 2. 01-16-20 Attachments: c)REPORT 20-0044 MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2019 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 Financial Reports. d)REPORT 20-0055 MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR DECEMBER 2019 (City Treasurer Karen Nowicki) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 City Treasurer's Report and Cash Balance Report. e)REPORT 20-0054 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends that the City Council approve cancellation of certain checks. f)REPORT 20-0038 PUBLIC WORKS PROJECT STATUS REPORT AS OF JANUARY 10, 2020 (Public Works Director Marnell Gibson) Page 6 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council receive and file the Public Works Project Status Report as of January 10, 2020. CIP Status January 2020Attachments: g)REPORT 20-0037 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 20, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of November 20, 2019. Action Minutes 11-20-2019Attachments: h)REPORT 20-0046 AWARD OF PROFESSIONAL SERVICE AGREEMENT WITH TOOLE DESIGN GROUP LLC TO PROVIDE CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award a professional services agreement with Toole Design Group LLC in a not-to-exceed amount of $92,298 to prepare the Systemic Safety Analysis Report and Local Roadway Safety Plan Programs; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached agreement, subject to approval by the City Attorney. 1. Request for Proposal 2. Toole Proposal 3. Draft Professional Services Agreement Attachments: i)REPORT 20-0057 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF JANUARY 21, 2020 Recommendation:Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of January 21, 2020. Action Sheet of the January 21, 2020 Planning Commission meetingAttachments: j)REPORT 20-0058 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council receive and file the February 18, 2020 Planning Commission tentative future agenda items. Planning Commission February 18, 2020 Tentative Future AgendaAttachments: k)REPORT 20-0010 AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN SPRINT AND THE CITY OF HERMOSA BEACH TO EXPAND AN EXISTING WIRELESS COMMUNICATIONS SITE WITHIN THE CITY’S MUNICIPAL PARKING STRUCTURE (LOT C-1301 HERMOSA AVENUE) BY APPROXIMATELY 25 SQUARE FEET FOR ADDITIONAL FACILITIES, WHILE INCREASING MONTHLY RENT BY $250.00 (Community Development Director Ken Robertson) Page 7 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council: 1. Consent to amend the Wireless Communications Site License Agreement between Sprint and the City of Hermosa Beach to expand the lease area by 25 square feet and increase monthly rent by $250.00; and 2. Authorize the City Manager to execute the agreement. 1. Amendment to Wireless Site License and Proposed Plans 2. Original License Agreement 3. PC Resolution 13-5 4. Site Photos Attachments: 3. CONSENT ORDINANCES a)REPORT 20-0059 ORDINANCE NO. 20-1404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1404. Ordinance 20-1404 - ADUs and JADUsAttachments: 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)REPORT 20-0045 TEXT AMENDMENT 20-1 TO AMEND CHAPTER 5.78 “TOBACCO RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES, THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES AND DETERMINE THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Continued from meeting of January 14, 2020) (Community Development Director Ken Robertson) Page 8 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council: 1. Introduce the attached Ordinance to amend Chapter 5.78 of Title 5 of the Hermosa Beach Municipal Code to prohibit the issuance of new Tobacco Retailer Licenses and to prohibit the sale of electronic smoking devices and products for the electronic smoking devices, and determination that the amendment is exempt from the California Environmental Quality Act (CEQA); and 2. Discuss and provide direction to staff regarding process and timing of a potential future ban of all tobacco sales in Hermosa Beach. 1. Draft Ordinance 2. Link to November 12, 2019 City Council Meeting 3. Considerations: Tobacco Sales Restrictions by Ruth Malone, R.N., PhD 4. Letter to Tobacco Retailers 5. Letter and Attachments from BCHD.pdf Attachments: 6. MUNICIPAL MATTERS a)REPORT 19-0793 AUTHORIZE THE REMOVAL OF THE TRASH COMPACTOR IN PARKING LOT A AND APPROVE INDIVIDUAL AND SHARED CONTAINER SERVICE FOR PIER PLAZA BUSINESSES (Continued from meeting of December 17, 2019) (Environmental Programs Manager Doug Krauss) Recommendation:Staff recommends that the City Council: 1. Authorize the removal of the trash compactor in Parking Lot A; and 2. Authorize Athens Services to implement individual and shared container service for Pier Plaza businesses including the construction of temporary enclosures. 1. Franchise Agreement 2. Letter from 2016 3. Photos of Trash Compactor Dumping 4. Letter January 2019 5. Second Amendment to Sweeping Contract 6. Service Levels 7. Map of Locations 8. Meeting Invite 9. Final letter Attachments: b)REPORT 20-0042 HERMOSA BEACH LOGO REFINEMENT UPDATE (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) Page 9 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council: 1. Select one of the two logo refinement options prepared by Daniel Inez; and 2. Provide feedback on the selected logo option for staff and the design team to develop a style guide that articulates the graphic standards and proper use of logo and other brand elements. 1. February 2018 Study Session Materials 2. Logo Refresh Call for Artists Guidelines 3. Logo Refinements Option A and B Attachments: 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)20-0060 MAYOR CAMPBELL REPORTS ON HER ATTENDANCE AT THE UNITED STATES CONFERENCE OF MAYORS WINTER MEETING IN WASHINGTON D.C. FROM JANUARY 21-24, 2020 b)20-0061 COUNCILMEMBER DETOY REPORTS ON HIS ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020 c)20-0052 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a)20-0053 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Tentative Future Agenda.pdfAttachments: ADJOURNMENT Page 10 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: February 3, 2020 - Monday - 7:00 PM - Adjourned Regular Meeting: Joint Meeting with School Board February 11, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting February 25, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting March 4, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Revenue Study Session March 10, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting March 24, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 4, 2020 - Saturday - Adjourned Regular Meeting: 9:00 AM - City Council Retreat April 14, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 22, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - FY 2020-2021 Capital Improvement Program April 28, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 6, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session May 12, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 21, 2020 - Thursday - Adjourned Regular Meeting: 6:00 PM - Budget Study Session May 26, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 3, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session June 9, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 23, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 1, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session July 14, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 23, 2020 - Thursday - Adjourned Regular Meeting: 7:00 PM - Joint Meeting with all Boards/Commissions July 28, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting August 11, 2020 - Tuesday - No Meeting (Dark) August 25, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting Page 11 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda CITY COUNCIL MEETINGS - CONTINUED: September 2, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session September 8, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 22, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 7, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session October 13, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 27, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 4, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session November 10, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 12, 2020 - Thursday - Adjourned Regular Meeting: 6:00 PM - Appointment of Mayor & Mayor Pro Tem November 24, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting December 2, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session December 8, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting December 22, 2020 - Tuesday - No Meeting (Dark) Page 12 City of Hermosa Beach Printed on 1/23/2020 January 28, 2020City Council Regular Meeting Agenda BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: February 4, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting February 18, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting March 2, 2020 - Monday - 7:00 PM - Parks and Recreation Advisory Commission Meeting March 16, 2020 - Monday - 7:00 PM - Planning Commission Meeting March 18, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting April 2, 2020 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 21, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting May 5, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 19, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting May 20, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting June 2, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 16, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting July 7, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 15, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting July 21, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting August 4, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 18, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting September 1, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting September 16, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting October 6, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 20, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting November 5, 2020 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 17, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting November 18, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting December 1, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: February 17, 2020 - Monday - President's Day May 25, 2020 - Monday - Memorial Day September 7, 2020 - Monday - Labor Day November 11, 2020 - Wednesday - Veteran's Day November 26, 2020 - Thursday - Thanksgiving Day Page 13 City of Hermosa Beach Printed on 1/23/2020 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0049 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 INTRODUCTION OF HERMOSA BEACH POLICE OFFICER MATT RUSHTON AND HIS NEW K-9 PARTNER, CHARLIE City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0050 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 HERMOSA BEACH CHAMBER OF COMMERCE REVIEW OF 2019 PROGRAMS AND VISION FOR 2020 City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU REVIEW OF 2019 PROGRAMS & VISION FOR 2020 Presented to the City of Hermosa Beach 1/28/20 AGENDA, SUPPLEMENTAL PRESENTATION SLIDES SUBMITTED BY THE HERMOSA BEACH CHAMBER OF COMMERCE TO THE CITY MANAGER'S OFFICE ON 1/27/20 AT 3:40 P.M. EVENTS ●Annual Gala with the installation of newly elected Chamber Board members and nominations of Merna Marshall and John Horger as Man and Woman of the Year. ●Annual St. Patrick’s Day Parade ●Annual Mixer and Drawing for nonprofits to participate in the Fiesta Beer Garden ●Fiesta Hermosa-Memorial Day Weekend and Labor Day Weekend 2019 FIESTA SURVEY RESULTS 2019 FIESTA SURVEY RESULTS EVENTS CONTINUED ●Downtown Hermosa Beach Holiday Stroll ●Annual Holiday Tree Lighting and Beach Cities Toy Drive ●New Year’s Eve Celebration ●Four Sidewalk Sale Events MEMBERSHIP AND COMMUNITY OUTREACH ●61 New Members in 2019 ●Membership Anniversaries ●Monthly Networking Lunches ●Monthly Mixers and Ribbon Cuttings ●Guest speaker at Kiwanis Club and attendance at City and other community meetings ●“Love Our Locals Program” BUSINESS ADVOCACY / ECONOMIC DEVELOPMENT ●The Chamber has stepped up our part in supporting local business advocacy ○Chamber is hosting a seminar in February on California’s new law AB-5 ●South Bay Association of Chamber of Commerce (SBACC) ●Economic Development Committee ○Offers assistance to new and current businesses to help navigate them through the City’s process of getting permits, licenses, and more. MARKETING ●Brand new Chamber website: www.hbchamber.net ●Updated Truly Hermosa website: www.trulyhermosa.com ●Weekly Wednesday Newsletter ●Active Social Networking Platforms ●Promotion of the Free Holiday Parking Program ●Production of new seasonal pole banners VISION FOR 2020 ●We plan on increasing our marketing of both The Chamber and The City of Hermosa Beach ●Stronger Membership Ambassador Committee o Focus on community and member outreach ●Business Advocacy Committee ○Active role in the City’s upcoming projects in the downtown area ●Economic Development Committee 1 Fiesta Hermosa Community Survey 2019 Results 1.Please indicate which days you attended Fiesta Hermosa in 2019. (Check all that apply) 2.Whether or not you attend Fiesta, are there other Hermosa Beach locations that you visit during the event/weekend? (Check all that apply) 3.If you attended Fiesta, what areas of the event did you visit? (Check all that apply) 49 45 38 42 45 38 7 0 10 20 30 40 50 60 Memorial Day weekend - Saturday Memorial Day weekend - Sunday Memorial Day weekend - Monday Labor Day weekend - Saturday Labor Day weekend - Sunday Labor Day weekend - Monday I did not attend either Fiesta in 2019 47 50 37 47 35 27 36 0 10 20 30 40 50 60 The beach Hermosa Avenue restaurants Hermosa Avenue retail shops / services Pier Plaza restaurants Pier Plaza retail shops / services Upper Pier Avenue restaurants Upper Pier Avenue retail shops / services 1/28/20 AGENDA, SUPPLEMENTAL SURVEY SUBMITTED BY THE HERMOSA BEACH CHAMBER OF COMMERCE TO THE CITY MANAGER'S OFFICE ON 1/27/20 AT 3:40 P.M. 2 4. If you attended Fiesta, how do you typically get to / from the event? 5. If you attended Fiesta, on average how much do you spend while at the event? Please include total spending at Fiesta attractions, local businesses, and activities during your visit (not strictly limited to vendors along event footprint). 6. If you attended any of the musical performances, who was your favorite band that performed at the Fiesta? David Briton (david Bowie) 58 34 41 27 51 30 27 26 40 5 0 10 20 30 40 50 60 70 15% 9% 7% 0% 12% 57% Bicycle / use bike corral Drive personal vehicle Fiesta shuttle Public transit Rideshare / taxi Walk Other 0% 15% 38%26% 21% $0 $1 - $50 $51 - $100 $101 - $200 $200+ 3 Safety Orange Led Zepagain Led zeppegain a long time back Barclay Roach Lisa Hayley Any reggae band is great Kevin Sousa, Jeremy Buck Dog and Butterfly and Peace Frog Vitalogy!!! But ALL classic rocks and blues are great! Pearl Jam Cover band Way too much 80s music - add some more variety The Pink Floyd tribute band did a great job Which Ones Pink High School Rebellion and Good Vibes. Totally 90's band sorry...don't remember names Spanish Guitar performers on the acoustic stage 7. Would you prefer to use cash or credit card in the Beer Garden? (Select one) 8. If you have a business in Hermosa Beach, what area of town are you located? (Select one) 20% 56% 24% Cash Credit card N/A 0% 16% 15% 0%0% 23% 23% 23%Aviation Boulevard Hermosa Avenue (within Fiesta footprint) Hermosa Avenue (outside of footprint) Pacific Coast Highway Pier Plaza Upper Pier Avenue (within Fiesta footprint) Upper Pier Avenue (outside of footprint) 4 9. If you have a business in Hermosa Beach, what sector do you represe nt? (Select one) 10. If you have a business in Hermosa Beach, how do your sales during Fiesta weekend compare to other similar weekends? (Select one) 11. Do you have additional feedback that can be considered to help improve future Fiesta Hermosa events? Don't allow anyone who asks people to count corks in a jar. We have to close b/c there is no parking available for our clients Great Show! Two fiestas a year is too many. One would be more than enough. As a local, it is a bummer lose both of our 3 day weekends to that. Usually we try to head out of town to avoid the chaos. The quality of vendors at the Fiesta is really not that high. If you were more selective and maybe did a jury selection of vendors, it might be an improvement (more like the Hometown Fair). For family tickets are too expensive. Hermosa beach residents should get discount tickets as done in past years It is too much and not a good reflection of our community. Plus it is a huge intrusion into all residents who cannot enjoy the other amenities of the 0 0 0 0 2 1 0 5 7 0 1 2 3 4 5 6 7 8 55% 9% 36% Better than other weekends Same as other weekends Worse than other weekends 5 community, we cannot have people over either holiday weekend because there is no parking. Please make it just one weekend! We DO NOT NEED 2 FIESTAS! It's ridiculous! None of the residents I know ever go to the fiestas, most people leave town. It's a zoo & we can't enjoy our city. Find another way to fund the Chamber like other cities. Time for a change, The only ppl that like the fiestas have a financial interest and/or live far from down town and are not impacted. Bring back more “affordable” food options. The ones there are truly expensive and not kid friendly. A more hometown feel. As in community members saying hello and greeting people. Not politicians trying To get my vote. Simple craft booth for kids. Even if it’s just coloring pages of the Hermosa beach logo or sign. I’d like the kids’ games & rides more clean and modern, the games were “rigged” this year for sure.... This is a very strange survey, I can’t see how any of these questions would get to improving the fiesta or actually getting any good feedback about how residents feel about fiesta. It takes over town for the two holiday weekends of the summer. Most residents tell me they avoid the whole area during fiesta and we feel that directly affecting our business because fiesta goers are not spending their dollars with us. Keep it going! Thank you for hosting this! It would be great if you could buy a wristband for all the rides at a flat rate. The rides are so expensive - I do t even want to bring my 2 kids near the place. Please add scooter parking Generally, I avoid going to fiesta unless I’m going to the beer garden. I hate the crowds and the booths sell a bunch of junk. Reduce commercial vendors. They take the ambiance of the festival. Don’t attend music and beer garden because the area is too small and uncomfortable. Would enjoy a little more space to spend the day. Enjoy the food court. Fiesta should partner with local restaurants, shops and bars. If you buy something at fiesta hermosa, you get a 10% off certificate to use after fiesta closes for example. Or something to that effect. If so many people come to fiesta, let’s get these people back on other weekends. Book the Eagles tribute band that played at Redondo pier last Labor Day weekend Please only do o e weekend a year. Two is too much. Need our town back on some of summer with nothing going on. After teen choice awards, the city has lost it. Get rid of Fiesta Hermosa and give us our town back. My husband and I dislike Fiesta and generally leave town for both Memorial Day and Labor Day weekend. Wish it was more like the home town fair. Just seems like a lot of useless vendors that have nothing to do with arts and crafts and it’s so expensive. I took my youngest to play games when we got back to town. Spent over $100 in less than an hour. Ridiculous and I won’t be doing that again. 6 The fiesta the year before was not enough of an improvement, so I skipped this past year. The chamber needs to move faster to implement the requested improvements. The chamber’s blackballing of certain local musicians is also a shame. Figure out the rising cost of the kids carnival rides tickets ex: $5 per slide ride from $3.We have done less and less each year without the discounts. I love love love fiesta hermosa! Especially the artisans, handmade items, jewelry! Maybe NO DOGS! A few less strollers would be nice too! I think it’s too many days over prime summer weekends. I have only started going back because the kids love a fair. But the price of games is crazy - keeps escalating and takes the joy out of going. On these weekends I do not patronize any other Hermosa! establishments because of the crowds. All my money is going to fair vendors - mostly games and food I preferred the original "Fiesta de Las Artes" that focused on fine art, arts and crafts (rather than mass-produced items or ones you can find in any cheap shop). It would be great to go back to more unique and handmade items. HB resident discounts for the rides and games tix would be awesome. Police don’t need to be jerks to patrol and maintain the peace. Please please keep both Labor Day & Memorial wknd!! It’s party of our beach culture now! This is a great event. I live in the impacted zone and we love it. We have families from out of town that come and spend monies and have a great time. This is an iconic event that is known throughout Calif as special too hermosa. There should be no changes - new types of artist vendors are always welcome but we understand as to why. Spread it out go all the way up pier or onto parks. Make the beer garden on the beach. Don’t block entrances to businesses More shade The beer garden has gotten too expensive. It’s just a hot cement cage in the sun. Stop raising prices. A move towards more arts/local crafts. A move away from corporate booths and booths that sell junk (imported handbags/leather goods, clothing that can be bought anywhere) Better access to local hermosa ave businesses. Ticket prices for carnival are WAY too expensive. $3 per ride is egregious. GIVE THE CHEESECAKE ON A STICK BOOTH A STORE!!! We truly love these festivals and attend both festivals almost every year for the last 15 years. We really enjoy being able to take the shuttle and avoid driving. We do walk on the beach as well. The food is fun and we are especially fond of buying artwork and unique clothing. My wife and daughter wear clothing from the vendors all the time! Especially those animal shirts and the lace items. I always have a great time. And we think Maureen Hunt is fantastic! I wish Fiesta Hermosa was more than twice a year LOVE THE EVENT...WOULD TRULY MISS IT IF IT WAS GONE Wonderful Love it, don't change it. It is the best community event we have, and Hermosa Beach is very lucky to have this event for so many years. It gives a 7 name to Hermosa. Nothing brings this many people to our businesses like this. We look forward to this event every year. This is a great survey--what will you use the info for? City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0063 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 UPDATE ON REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) AND HOUSING ELEMENT City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City Council Regular Meeting Agenda January 28, 2020 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS I call to order the January 28th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Do we have any speaker cards? If there’s anyone else that would like to speak, please come forward. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 20-0047 MINUTES: Approval of minutes of Closed Session held on January 14, 2020. 2. 20-0048 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Management Association Unrepresented Employees 3. 20-0016 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Name of Case: Linda Bauer v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV32667 b) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 c) Name of Case: Arlene Buschbach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV11390 d) Name of Case: Samantha Carter v. City of Hermosa Beach City Council Regular Meeting Agenda January 28, 2020 United States District Court, Case Number: LACV1907236-PA-ADS e) Name of Case: Kerry Cartwright v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCV05692 f) Name of Case: Stephan Diamond v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV34179 g) Name of Case: Dina Fangary v. City of Hermosa Beach, et al. Los Angeles County Superior Court, Case Number: 19STCP05134 h) Name of Case (State): Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 i) Name of Case (Federal): Hermosa Fitness LLC v. City of Hermosa Beach United States District Court, Case Number: 2:19-cv-08666-CAS-AFMx j) Name of Case: Rosie Johnson v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC717427 k) Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC072628 ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda January 28, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the January 28th Regular Meeting of the City Council. PLEDGE OF ALLEGIANCE Will _____________ please lead us in the pledge of allegiance? ROLL CALL Roll call please. CLOSED SESSION REPORT Mr. City Attorney, will you deliver the closed session report? ANNOUNCEMENTS Do any of my colleagues have announcements? Homeless Count Update "For the sixth year in a row this last Wednesday, our City was host to a group of community volunteers for the annual Los Angeles County Homeless Count. Thank you to our dedicated volunteers for their generous time and effort in helping gather important data that will in turn help guide our local policies and the allocation of resources across the South Bay. Official count results are expected to be released by the County within a few months. For future updates, and if you'd like to learn more about the City's efforts in addressing homelessness in our community, please visit our homeless services page on our City website (www.hermosabeach.gov). We hope you'll consider joining us next year." City-wide garage sale update We'd like to thank the community for coming together and participating in our community- wide garage sale this past weekend. On Saturday, we had 80 families and groups participate by hosting sales and a steady stream of garage sale goers make their way to sales around town. We were thrilled to hear stories through-out the day from participants with successful sales, including the Irish Dance Troop that raised over $1,000 for their team travel. We heard from sellers that they enjoyed getting to meet neighbors and loved when shoppers found just what they were looking for. And finally, we had many folks who were excited to head home to an organized house and garage after dropping off donations to Salvation Army and Hermosa's Friends of the Library following the sale. City Council Regular Meeting Agenda January 28, 2020 Public Health update on Coronavirus The Los Angeles County Department of Public Health is cooperating with the Centers for Disease Control and Prevention to monitor and respond to the current outbreak of the Novel Coronavirus. This is a new strain of coronavirus that hasn’t been identified before in humans. Coronaviruses are normally found in animals but can be spread to humans and can cause diseases of varying severities, ranging from the common cold to more serious respiratory disease. There is one confirmed non-resident case of novel coronavirus in Los Angeles County. The person travelled to the United States and began to experience symptoms. The patient sought medical attention, was diagnosed with the novel coronavirus and currently receiving medical attention. There are no confirmed resident cases in LA County. Despite this case in Los Angeles County, there is no immediate threat to the general public and people should not be excluded from activities based on their race, country of origin, or recent travel if they do not have symptoms of respiratory illness. Los Angeles County residents, students, workers, and visitors should continue to engage in their regular activities and practice good public health hygiene as this is the height of flu season across the County. The incubation period for coronavirus is ranging from 2 to 14 days. Symptoms can include fever, cough, and difficulty breathing. Severe illness complications and outcomes of this virus are still being investigated. For additional information, please visit Los Angeles County Public Health at www.publichealth.lacounty.gov or call 2-1-1. Greg Jarvis Challenger Memorial Today we remember the gallant crew of Challenger 51L including Greg Jarvis of Hermosa Beach – astronaut, athlete, and engineer. On January 28, 1986, the NASA Space Shuttle orbiter undertaking mission STS-51-L and the tenth flight of Space Shuttle Challenger broke apart 73 seconds into its flight, killing all seven crew members: five NASA astronauts, one payload specialist, and a civilian school teacher. Greg’s indomitable spirit is ever with us on The Strand with the Greg Jarvis Challenger memorial located next to Noble Park. City Council Regular Meeting Agenda January 28, 2020 APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0049 INTRODUCTION OF HERMOSA BEACH POLICE OFFICER MATT RUSHTON AND HIS NEW K-9 PARTNER, CHARLIE • City Clerk reads title • Invite Chief McCrary to the podium to introduce Officer Rushton and Charlie • Photo Opportunity with City Council b) 20-0050 HERMOSA BEACH CHAMBER OF COMMERCE REVIEW OF 2019 PROGRAMS AND VISION FOR 2020 • City Clerk reads title • Invite Chamber President/CEO Maureen Hunt to podium to give report • Council Q&A MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) 20-0063 UPDATE ON REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) AND HOUSING ELEMENT Attachments: Link to City Information Items webpage Madam City Manager, please provide your report. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; City Council Regular Meeting Agenda January 28, 2020 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a) REPORT MEMORANDUM REGARDING 20-0051 CITY COUNCIL MEETING MINUTES Recommendation:Staff recommends that the City Council receive and file this memorandum. b) REPORT CHECK REGISTERS 20-0043 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 01-09-20 2. 01-16-20 c) REPORT MEMORANDUM REGARDING 20-0044 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2019 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 Financial Reports. d) REPORT MEMORANDUM REGARDING 20-0055 CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR DECEMBER 2019 (City Treasurer Karen Nowicki) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 City Treasurer's Report and Cash Balance Report. e) REPORT CANCELLATION OF CERTAIN CHECKS 20-0054 (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends that the City Council approve cancellation of certain City Council Regular Meeting Agenda January 28, 2020 checks. f) REPORT PUBLIC WORKS PROJECT STATUS REPORT 20-0038 AS OF JANUARY 10, 2020 (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council receive and file the Public Works Project Status Report as of January 10, 2020. Attachments: 1. CIP Status January 2020 2. SUPPLEMENTAL Letter #1 from Howard Longacre (added 1-27-20 at 1pm).pdf 3. SUPPLEMENTAL Letter #2 from Howard Longacre (added 1-27-20 at 1pm).pdf g) REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 20-0037 MEETING OF NOVEMBER 20, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of November 20, 2019. Attachments: Action Minutes 11-20-2019 h) REPORT AWARD OF PROFESSIONAL SERVICE AGREEMENT 20-0046 WITH TOOLE DESIGN GROUP LLC TO PROVIDE CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award a professional services agreement with Toole Design Group LLC in a not-to-exceed amount of $92,298 to prepare the Systemic Safety Analysis Report and Local Roadway Safety Plan Programs; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached agreement, subject to approval by the City Attorney. Attachments: 1. Request for Proposal 2. Toole Proposal 3. Draft Professional Services Agreement i) REPORT ACTION SHEET OF THE PLANNING COMMISSION 20-0057 MEETING OF JANUARY 21, 2020 Recommendation:Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of January 21, 2020. Attachments: Action Sheet of the January 21, 2020 Planning Commission meeting j) REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 20-0058 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council receive and file the February 18, 2020 Planning Commission tentative future agenda items. Attachments: Planning Commission February 18, 2020 Tentative Future Agenda City Council Regular Meeting Agenda January 28, 2020 k) REPORT AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE 20-0010 AGREEMENT BETWEEN SPRINT AND THE CITY OF HERMOSA BEACH TO EXPAND AN EXISTING WIRELESS COMMUNICATIONS SITE WITHIN THE CITY’S MUNICIPAL PARKING STRUCTURE (LOT C-1301 HERMOSA AVENUE) BY APPROXIMATELY 25 SQUARE FEET FOR ADDITIONAL FACILITIES, WHILE INCREASING MONTHLY RENT BY $250.00 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Consent to amend the Wireless Communications Site License Agreement between Sprint and the City of Hermosa Beach to expand the lease area by 25 square feet and increase monthly rent by $250.00; and 2. Authorize the City Manager to execute the agreement. Attachments: 1. Amendment to Wireless Site License and Proposed Plans 2. Original License Agreement 3. PC Resolution 13-5 4. Site Photos 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 20-1404 20-0059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1404. Attachments: Ordinance 20-1404 - ADUs and JADUs 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT TEXT AMENDMENT 20-1 TO AMEND CHAPTER 5.78 “TOBACCO 20-0045 RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES, THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES City Council Regular Meeting Agenda January 28, 2020 AND DETERMINE THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Continued from meeting of January 14, 2020) (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Introduce the attached Ordinance to amend Chapter 5.78 of Title 5 of the Hermosa Beach Municipal Code to prohibit the issuance of new Tobacco Retailer Licenses and to prohibit the sale of electronic smoking devices and products for the electronic smoking devices, and determination that the amendment is exempt from the California Environmental Quality Act (CEQA); and 2. Discuss and provide direction to staff regarding process and timing of a potential future ban of all tobacco sales in Hermosa Beach. Attachments: 1. Draft Ordinance 2. Link to November 12, 2019 City Council Meeting 3. Considerations: Tobacco Sales Restrictions by Ruth Malone, R.N., PhD 4. Letter to Tobacco Retailers 5. Letter and Attachments from BCHD.pdf 6. MUNICIPAL MATTERS a) REPORT AUTHORIZE THE REMOVAL OF THE TRASH COMPACTOR IN 19-0793 PARKING LOT A AND APPROVE INDIVIDUAL AND SHARED CONTAINER SERVICE FOR PIER PLAZA BUSINESSES (Continued from meeting of December 17, 2019) (Environmental Programs Manager Doug Krauss) Recommendation:Staff recommends that the City Council: 1. Authorize the removal of the trash compactor in Parking Lot A; and 2. Authorize Athens Services to implement individual and shared container service for Pier Plaza businesses including the construction of temporary enclosures. Attachments: 1. Franchise Agreement 2. Letter from 2016 3. Photos of Trash Compactor Dumping 4. Letter January 2019 5. Second Amendment to Sweeping Contract 6. Service Levels 7. Map of Locations 8. Meeting Invite 9. Final letter b) REPORT HERMOSA BEACH LOGO REFINEMENT UPDATE City Council Regular Meeting Agenda January 28, 2020 20-0042 (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Select one of the two logo refinement options prepared by Daniel Inez; and 2. Provide feedback on the selected logo option for staff and the design team to develop a style guide that articulates the graphic standards and proper use of logo and other brand elements. Attachments: 1. February 2018 Study Session Materials 2. Logo Refresh Call for Artists Guidelines 3. Logo Refinements Option A and B 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0060 MAYOR CAMPBELL REPORTS ON HER ATTENDANCE AT THE UNITED STATES CONFERENCE OF MAYORS WINTER MEETING IN WASHINGTON D.C. FROM JANUARY 21-24, 2020 b) 20-0061 COUNCILMEMBER DETOY REPORTS ON HIS ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020 Attachments: SUPPLEMENTAL Summary from Councilmember Detoy (added 1-27-20 at 1pm).pdf c) 20-0052 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0053 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf City Council Regular Meeting Agenda January 28, 2020 ADJOURNMENT Tonight’s meeting will adjourn to Monday, February 3rd at 7pm in the Council Chambers for a joint meeting with the School Board regarding the North School Neighborhood Traffic Management Plan. We also adjourn tonight’s meeting in memory of George Hash (refer to certificate of sympathy) City Council Regular Meeting Agenda January 28, 2020 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS I call to order the January 28th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Do we have any speaker cards? If there’s anyone else that would like to speak, please come forward. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 20-0047 MINUTES: Approval of minutes of Closed Session held on January 14, 2020. 2. 20-0048 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Management Association Unrepresented Employees 3. 20-0016 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Name of Case: Linda Bauer v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV32667 b) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 c) Name of Case: Arlene Buschbach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV11390 d) Name of Case: Samantha Carter v. City of Hermosa Beach City Council Regular Meeting Agenda January 28, 2020 United States District Court, Case Number: LACV1907236-PA-ADS e) Name of Case: Kerry Cartwright v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCV05692 f) Name of Case: Stephan Diamond v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV34179 g) Name of Case: Dina Fangary v. City of Hermosa Beach, et al. Los Angeles County Superior Court, Case Number: 19STCP05134 h) Name of Case (State): Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 i) Name of Case (Federal): Hermosa Fitness LLC v. City of Hermosa Beach United States District Court, Case Number: 2:19-cv-08666-CAS-AFMx j) Name of Case: Rosie Johnson v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC717427 k) Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC072628 ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda January 28, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the January 28th Regular Meeting of the City Council. PLEDGE OF ALLEGIANCE Will _____________ please lead us in the pledge of allegiance? ROLL CALL Roll call please. CLOSED SESSION REPORT Mr. City Attorney, will you deliver the closed session report? ANNOUNCEMENTS Do any of my colleagues have announcements? Homeless Count Update "For the sixth year in a row this last Wednesday, our City was host to a group of community volunteers for the annual Los Angeles County Homeless Count. Thank you to our dedicated volunteers for their generous time and effort in helping gather important data that will in turn help guide our local policies and the allocation of resources across the South Bay. Official count results are expected to be released by the County within a few months. For future updates, and if you'd like to learn more about the City's efforts in addressing homelessness in our community, please visit our homeless services page on our City website (www.hermosabeach.gov). We hope you'll consider joining us next year." City-wide garage sale update We'd like to thank the community for coming together and participating in our community- wide garage sale this past weekend. On Saturday, we had 80 families and groups participate by hosting sales and a steady stream of garage sale goers make their way to sales around town. We were thrilled to hear stories through-out the day from participants with successful sales, including the Irish Dance Troop that raised over $1,000 for their team travel. We heard from sellers that they enjoyed getting to meet neighbors and loved when shoppers found just what they were looking for. And finally, we had many folks who were excited to head home to an organized house and garage after dropping off donations to Salvation Army and Hermosa's Friends of the Library following the sale. City Council Regular Meeting Agenda January 28, 2020 Public Health update on Coronavirus The Los Angeles County Department of Public Health is cooperating with the Centers for Disease Control and Prevention to monitor and respond to the current outbreak of the Novel Coronavirus. This is a new strain of coronavirus that hasn’t been identified before in humans. Coronaviruses are normally found in animals but can be spread to humans and can cause diseases of varying severities, ranging from the common cold to more serious respiratory disease. There is one confirmed non-resident case of novel coronavirus in Los Angeles County. The person travelled to the United States and began to experience symptoms. The patient sought medical attention, was diagnosed with the novel coronavirus and currently receiving medical attention. There are no confirmed resident cases in LA County. Despite this case in Los Angeles County, there is no immediate threat to the general public and people should not be excluded from activities based on their race, country of origin, or recent travel if they do not have symptoms of respiratory illness. Los Angeles County residents, students, workers, and visitors should continue to engage in their regular activities and practice good public health hygiene as this is the height of flu season across the County. The incubation period for coronavirus is ranging from 2 to 14 days. Symptoms can include fever, cough, and difficulty breathing. Severe illness complications and outcomes of this virus are still being investigated. For additional information, please visit Los Angeles County Public Health at www.publichealth.lacounty.gov or call 2-1-1. Greg Jarvis Challenger Memorial Today we remember the gallant crew of Challenger 51L including Greg Jarvis of Hermosa Beach – astronaut, athlete, and engineer. On January 28, 1986, the NASA Space Shuttle orbiter undertaking mission STS -51-L and the tenth flight of Space Shuttle Challenger broke apart 73 seconds into its flight, killing all seven crew members: five NASA astronauts, one payload specialist, and a civilian school teacher. Greg’s indomitable spirit is ever with us on The Strand with the Greg Jarvis Challenger memorial located next to Noble Park. City Council Regular Meeting Agenda January 28, 2020 APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0049 INTRODUCTION OF HERMOSA BEACH POLICE OFFICER MATT RUSHTON AND HIS NEW K-9 PARTNER, CHARLIE • City Clerk reads title • Invite Chief McCrary to the podium to introduce Officer Rushton and Charlie • Photo Opportunity with City Council b) 20-0050 HERMOSA BEACH CHAMBER OF COMMERCE REVIEW OF 2019 PROGRAMS AND VISION FOR 2020 • City Clerk reads title • Invite Chamber President/CEO Maureen Hunt to podium to give report • Council Q&A MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) 20-0063 UPDATE ON REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) AND HOUSING ELEMENT Attachments: Link to City Information Items webpage Madam City Manager, please provide your report. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; City Council Regular Meeting Agenda January 28, 2020 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues r aised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a) REPORT MEMORANDUM REGARDING 20-0051 CITY COUNCIL MEETING MINUTES Recommendation:Staff recommends that the City Council receive and file this memorandum. b) REPORT CHECK REGISTERS 20-0043 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 01-09-20 2. 01-16-20 c) REPORT MEMORANDUM REGARDING 20-0044 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2019 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 Financial Reports. d) REPORT MEMORANDUM REGARDING 20-0055 CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR DECEMBER 2019 (City Treasurer Karen Nowicki) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 City Treasurer's Report and Cash Balance Report. e) REPORT CANCELLATION OF CERTAIN CHECKS 20-0054 (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends that the City Council approve cancellation of certain City Council Regular Meeting Agenda January 28, 2020 checks. f) REPORT PUBLIC WORKS PROJECT STATUS REPORT 20-0038 AS OF JANUARY 10, 2020 (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council receive and file the Public Works Project Status Report as of January 10, 2020. Attachments: 1. CIP Status January 2020 2. SUPPLEMENTAL Letter #1 from Howard Longacre (added 1-27-20 at 1pm).pdf 3. SUPPLEMENTAL Letter #2 from Howard Longacre (added 1-27-20 at 1pm).pdf g) REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 20-0037 MEETING OF NOVEMBER 20, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of November 20, 2019. Attachments: Action Minutes 11-20-2019 h) REPORT AWARD OF PROFESSIONAL SERVICE AGREEMENT 20-0046 WITH TOOLE DESIGN GROUP LLC TO PROVIDE CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award a professional services agreement with Toole Design Group LLC in a not-to-exceed amount of $92,298 to prepare the Systemic Safety Analysis Report and Local Roadway Safety Plan Programs; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached agreement, subject to approval by the City Attorney. Attachments: 1. Request for Proposal 2. Toole Proposal 3. Draft Professional Services Agreement i) REPORT ACTION SHEET OF THE PLANNING COMMISSION 20-0057 MEETING OF JANUARY 21, 2020 Recommendation:Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of January 21, 2020. Attachments: Action Sheet of the January 21, 2020 Planning Commission meeting j) REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 20-0058 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council receive and file the February 18, 2020 Planning Commission tentative future agenda items. Attachments: Planning Commission February 18, 2020 Tentative Future Agenda City Council Regular Meeting Agenda January 28, 2020 k) REPORT AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE 20-0010 AGREEMENT BETWEEN SPRINT AND THE CITY OF HERMOSA BEACH TO EXPAND AN EXISTING WIRELESS COMMUNICATIONS SITE WITHIN THE CITY’S MUNICIPAL PARKING STRUCTURE (LOT C-1301 HERMOSA AVENUE) BY APPROXIMATELY 25 SQUARE FEET FOR ADDITIONAL FACILITIES, WHILE INCREASING MONTHLY RENT BY $250.00 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Consent to amend the Wireless Communications Site License Agreement between Sprint and the City of Hermosa Beach to expand the lease area by 25 square feet and increase monthly rent by $250.00; and 2. Authorize the City Manager to execute the agreement. Attachments: 1. Amendment to Wireless Site License and Proposed Plans 2. Original License Agreement 3. PC Resolution 13-5 4. Site Photos 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 20-1404 20-0059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1404. Attachments: Ordinance 20-1404 - ADUs and JADUs 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT TEXT AMENDMENT 20-1 TO AMEND CHAPTER 5.78 “TOBACCO 20-0045 RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES, THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES City Council Regular Meeting Agenda January 28, 2020 AND DETERMINE THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Continued from meeting of January 14, 2020) (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Introduce the attached Ordinance to amend Chapter 5.78 of Title 5 of the Hermosa Beach Municipal Code to prohibit the issuance of new Tobacco Retailer Licenses and to prohibit the sale of electronic smoking devices and products for the electronic s moking devices, and determination that the amendment is exempt from the California Environmental Quality Act (CEQA); and 2. Discuss and provide direction to staff regarding process and timing of a potential future ban of all tobacco sales in Hermosa Beach. Attachments: 1. Draft Ordinance 2. Link to November 12, 2019 City Council Meeting 3. Considerations: Tobacco Sales Restrictions by Ruth Malone, R.N., PhD 4. Letter to Tobacco Retailers 5. Letter and Attachments from BCHD.pdf 6. MUNICIPAL MATTERS a) REPORT AUTHORIZE THE REMOVAL OF THE TRASH COMPACTOR IN 19-0793 PARKING LOT A AND APPROVE INDIVIDUAL AND SHARED CONTAINER SERVICE FOR PIER PLAZA BUSINESSES (Continued from meeting of December 17, 2019) (Environmental Programs Manager Doug Krauss) Recommendation:Staff recommends that the City Council: 1. Authorize the removal of the trash compactor in Parking Lot A; and 2. Authorize Athens Services to implement individual and shared container service for Pier Plaza businesses including the construction of temporary enclosures. Attachments: 1. Franchise Agreement 2. Letter from 2016 3. Photos of Trash Compactor Dumping 4. Letter January 2019 5. Second Amendment to Sweeping Contract 6. Service Levels 7. Map of Locations 8. Meeting Invite 9. Final letter b) REPORT HERMOSA BEACH LOGO REFINEMENT UPDATE City Council Regular Meeting Agenda January 28, 2020 20-0042 (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Select one of the two logo refinement options prepared by Daniel Inez; and 2. Provide feedback on the selected logo option for staff and the design team to develop a style guide that articulates the graphic standards and proper use of logo and other brand elements. Attachments: 1. February 2018 Study Session Materials 2. Logo Refresh Call for Artists Guidelines 3. Logo Refinements Option A and B 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0060 MAYOR CAMPBELL REPORTS ON HER ATTENDANCE AT THE UNITED STATES CONFERENCE OF MAYORS WINTER MEETING IN WASHINGTON D.C. FROM JANUARY 21-24, 2020 b) 20-0061 COUNCILMEMBER DETOY REPORTS ON HIS ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020 Attachments: SUPPLEMENTAL Summary from Councilmember Detoy (added 1-27-20 at 1pm).pdf c) 20-0052 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0053 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf City Council Regular Meeting Agenda January 28, 2020 ADJOURNMENT Tonight’s meeting will adjourn to Monday, February 3rd at 7pm in the Council Chambers for a joint meeting with the School Board regarding the North School Neighborhood Traffic Management Plan. We also adjourn tonight’s meeting in memory of George Hash (refer to certificate of sympathy) City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0051 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 MEMORANDUM REGARDING CITY COUNCIL MEETING MINUTES Recommended Action: Staff recommends that the City Council receive and file this memorandum. Due to staffing shortages in the City Clerk’s office, there are no City Council minutes to present this evening for approval. The following minutes will be provided as soon as they become available. 1.January 14, 2020 Special Meeting (Closed Session) 2.January 14, 2020 Regular Meeting Respectfully Submitted by: Ann Yang, Executive Assistant Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0043 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 1/9/2020 2.Check Register 1/16/2020 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ 01/09/2020 Check Register CITY OF HERMOSA BEACH 1 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93758 1/9/2020 3V SIGNS AND GRAPHICS LLC 10951 COMMUNITY-WIDE GARAGE SALE BANNER17339 001-1201-4201 850.00 001-1201-4201 80.75 Total : 930.7517339 93759 1/9/2020 AMERICAN PLANNING ASSOCIATION 282060-19106 ELLIS/MEMBERSHIP/BALANCE DUE05628 001-4101-4315 13.00 Total : 13.0005628 93760 1/9/2020 AT&T 000014031129 PD COMPUTER CIRCUITS/DEC1900321 001-2101-4304 138.03 Total : 138.0300321 93761 1/9/2020 BATTERY WAREHOUSE DIRECT 31149 1,500 PARKING METER BATTERIES (9 VOLT)20752 001-3302-4309 1,925.99 Total : 1,925.9920752 93762 1/9/2020 CALIFORNIA BUILDING STANDARDS PO 34513 BUILDING STANDARD ADMIN FEE/APR19-JUN1915663 001-3204 337.50 Total : 337.5015663 93763 1/9/2020 DEPARTMENT OF CONSERVATION PO 34514 STRONG MOTION/SEISMIC MAP FEE/APR-JUN1900049 001-3204 1,078.10 Total : 1,078.1000049 93764 1/9/2020 EBS GENERAL ENGINEERING INC 54732 PCH ADA IMPROVE/AVIATION/PIER/OCT19~21337 147-8160-4201 141,531.00 PCH ADA IMPROVE/AVIATION/PIER/NOV1954785 147-8160-4201 13,537.50 Total : 155,068.5021337 93765 1/9/2020 FEDERAL EXPRESS CORP 6-882-24553 MAT REQ 874119/METER COVER SHIPPING01962 001-3302-4305 122.90 MAIL AGREEMENT TO ONWARD (VENDOR)~6-887-53979 001-2131 24.32 Total : 147.2201962 93766 1/9/2020 GALLS LLC BC1006908 MAT REQ 773343/HIGGINS/SHIRTS01320 001-2101-4314 162.74 2b (1) 01/09/2020 Check Register CITY OF HERMOSA BEACH 2 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93766 1/9/2020 (Continued)GALLS LLC01320 REQ 873003/VIP JACKETS/EMBLEMS/NAMESBC1008959 001-3302-4201 12.07 Total : 174.8101320 93767 1/9/2020 GENTRY GENERAL ENGINEERING Retention Release 8TH ST. SIDEWALKS/RETENTION21463 301-8173-4201 43,049.10 Total : 43,049.1021463 93768 1/9/2020 HARTZOG AND CRABILL INC 19-0849 TRAFFIC ENGINEERING/NOV1914204 001-3104-4201 525.00 Total : 525.0014204 93769 1/9/2020 HONDA MD INC, STEPHAN T 00101658 DETAINEE BLOOD DRAWS/NOV1915141 001-2101-4201 127.20 Total : 127.2015141 93770 1/9/2020 IBI GROUP 10009545 LOCAL COASTAL PROGRAM/JUL19-DEC1905969 150-4107-4201 4,806.41 Total : 4,806.4105969 93771 1/9/2020 ID SCULPTURE 1520 SOUTH PARK PLAYGROUND/STUMP TABLE SEAT21598 125-8546-4201 340.00 Total : 340.0021598 93772 1/9/2020 INDEPENDENT STATIONERS SI00378497 MAT REQ 863484/CALENDARS16742 001-1204-4305 52.23 MAT REQ 863484/CALENDARSSI00381589 001-1204-4305 23.89 Total : 76.1216742 93773 1/9/2020 IPS GROUP INC 46743 YELLOW DOMES/TOP COVERS FOR PARK METERS19314 001-3302-4309 3,382.45 001-3302-4309 313.50 50 SMART PARKING METERS W/CUSTOM PAINT46745 715-3302-5401 1,750.00 715-3302-5401 25,083.17 715-3302-5401 2,517.50 Total : 33,046.6219314 01/09/2020 Check Register CITY OF HERMOSA BEACH 3 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93774 1/9/2020 LOWENTHAL, SUJA PO 34491/TR 797 REIMB/ICMA CONFERENCE21104 001-1201-4317 2,076.14 Total : 2,076.1421104 93775 1/9/2020 MARCHESE, SONDRA Receipt 2001274.003 COMM THEATRE DAMAGE DEPOSIT REFUND15643 001-2111 250.00 Total : 250.0015643 93776 1/9/2020 MARKS, LAURA LEE PO 34492 MASSEY/NOWICKI/CHAMBERS LOBBY PICS20782 001-1101-4305 150.00 Total : 150.0020782 93777 1/9/2020 MBX FOUNDATION PO 34365 MIRA COSTA GRAD NITE DONATION~08665 001-1101-4319 1,000.00 Total : 1,000.0008665 93778 1/9/2020 MONTROSE AND ASSOCIATES INC 25890 CHAMBERS/REPLACE PODIUM MIC ATTENUATOR13791 715-4204-4201 342.51 Total : 342.5113791 93779 1/9/2020 OFFICE DEPOT 419160256001 MAT REQ 874111/OFFICE SUPPLIES13114 001-2101-4305 60.12 MAT REQ 649784/OFFICE SUPPLIES419418265001 001-4101-4305 68.90 MAT REQ 874112/USB FLASH DRIVES (2)420688608001 001-2101-4305 87.58 Total : 216.6013114 93780 1/9/2020 POSM SOFTWARE LLC Renewal No. 2665 SEWER VIDEO SOFTWARE SUBSCRIP/SUPPORT19894 160-1219-4201 2,000.00 Total : 2,000.0019894 93781 1/9/2020 RED SECURITY GROUP, LLC 65299 MAT REQ 309609/DISC CAM LOCKS (3)13255 001-4204-4309 49.28 Total : 49.2813255 93782 1/9/2020 ROCK N ROLL CAR WASH LLC HB1218 CITY CAR WASHES/DEC1818596 715-4201-4311 10.00 715-4202-4311 75.00 715-2101-4311 100.00 01/09/2020 Check Register CITY OF HERMOSA BEACH 4 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93782 1/9/2020 (Continued)ROCK N ROLL CAR WASH LLC18596 715-3302-4311 15.00 Total : 200.0018596 93783 1/9/2020 SAFEWAY INC VONS 665053-121119-2110 SENIOR CTR HOLIDAY PARTY GIFT BASKETS~16425 001-4601-4328 96.40 CANDY FOR STAFF HOLIDAY PARTY/MEETING~665218-121119-2110 001-4601-4317 74.06 SENIOR CTR HOLIDAY PARTY DESSERTS/DRINKS668120-121919-2110 001-4601-4328 65.55 COMM MOVIE NIGHT FOOD/PLATES/NAPKINS~721625-122019-2110 001-4601-4308 32.12 STAFF HOLIDAY MEETING/DESSERTS~805655-121119-2110 001-4601-4317 59.36 Total : 327.4916425 93784 1/9/2020 SAGECREST PLANNING AND ENVIRON 1635 SENIOR PLANNER/NOV1921406 001-4101-4201 7,920.00 Total : 7,920.0021406 93785 1/9/2020 SHERWIN-WILLIAMS 18861 & 51754 PAINTING SUPPLIES/DEC1917903 001-4204-4309 106.07 Total : 106.0717903 93786 1/9/2020 SHOETERIA 0002856-IN MAT REQ 987392/CITY YARD STAFF BOOTS20539 001-4202-4314 468.41 MAT REQ 309102/GALLEGOS/BOOTS0003266-IN 001-4202-4314 125.00 MAT REQ 309103/HRBOKA/BOOTS0003429-IN 001-4202-4314 113.32 MAT REQ 309103/RAMOS/BOOTS0003430-IN 001-4202-4314 125.00 MAT REQ 309104/RODRIGUEZ/BOOTS0003431-IN 001-4202-4314 125.00 MAT REQ 987393/DEHAVEN/BOOTS0003432-IN 001-4202-4314 125.00 MAT REQ 309108/COCKING/BOOTS0003433-IN 001-4202-4314 125.00 MAT REQ 309106/VILLA/BOOTS0003434-IN 01/09/2020 Check Register CITY OF HERMOSA BEACH 5 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93786 1/9/2020 (Continued)SHOETERIA20539 001-4202-4314 125.00 Total : 1,331.7320539 93787 1/9/2020 SINGLETON, LEEANNE PO 34515 REIMB/ANNUAL APA/AICP DUES20608 001-1201-4315 672.00 Total : 672.0020608 93788 1/9/2020 SMART & FINAL 3220630012847 MAT REQ 586868/COFFEE/CREAMER00114 001-4601-4328 64.72 MAT REQ 549850/MEETING SUPPLIES/SODAS3220630013379 001-1101-4305 20.35 REQ 987462/COMM MOVIE NIGHT SUPPLIES3220630013863 001-4601-4308 59.71 JAIL/BRIEFING ROOM/COFFEE SUPPLIES~3220630016787 001-2101-4306 68.11 001-2101-4305 68.12 MAT REQ 586866/WINDEX/SUGAR/SOAP3220630017378 001-4601-4305 18.10 REQ 768494/DISPOSABLE CUPS FOR JAIL3220630025790 001-2101-4306 21.42 TREE LIGHTING/SANTA SLEIGH EVENT SUPPLY3220630053005 001-3302-4305 87.70 DRINKS/JAIL/NEW YEARS EVE/BRIEFING RM~3220630057046 001-2101-4306 49.03 001-2101-4305 72.18 Total : 529.4400114 93789 1/9/2020 SOUTH BAY FORD FOW640781 MAT REQ 874607/PULLEY/VEHICLE HB810532 715-2101-4311 104.63 Total : 104.6310532 93790 1/9/2020 SOUTHERN CALIFORNIA EDISON CO 2-01-414-1071 ELECTRICITY/DEC1900159 001-4204-4303 2,457.97 105-2601-4303 222.96 ELECTRICITY/NOV19-DEC192-01-414-2152 001-6101-4303 1,561.44 ELECTRICITY/DEC192-01-414-3747 105-2601-4303 19.90 01/09/2020 Check Register CITY OF HERMOSA BEACH 6 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93790 1/9/2020 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 ELECTRICITY/NOV19-DEC192-01-414-4281 105-2601-4303 350.27 ELECTRICITY/DEC192-01-414-5106 001-3104-4303 826.88 ELECTRICITY/NOV19-DEC192-23-725-4420 001-4204-4303 6,748.36 ELECTRICITY/NOV19-DEC192-39-985-7812 001-4204-4303 2,083.50 ELECTRICITY/DEC192-41-0901755 001-4204-4303 54.45 Total : 14,325.7300159 93791 1/9/2020 SOUTHLAND FIRE ALARM GROUP INC 3147664 PARKING STRUCTURE ELEVATOR INSPECTION16339 001-3304-4201 710.00 Total : 710.0016339 93792 1/9/2020 SPARKLETTS 4472788 120519 MAT REQ 586870/DRINKING WATER/NOV1900146 001-4601-4305 253.93 Total : 253.9300146 93793 1/9/2020 SPCALA 2019-1130 ANIMAL SHELTERING SERVICES/NOV1918821 001-3302-4201 575.00 ANIMAL SHELTERING SERVICES/DEC192019-1231 001-3302-4201 575.00 Total : 1,150.0018821 93794 1/9/2020 STAPLES ADVANTAGE 8056240993 REQ 773338/DVDS FOR COURT LIAISON09532 001-2101-4305 98.53 Total : 98.5309532 93795 1/9/2020 STERICYCLE 3004896715 MEDICAL WASTE DISPOSAL/DEC1910412 001-2101-4201 85.00 MEDICAL WASTE DISPOSAL/JAN203004931184 001-2101-4201 85.00 Total : 170.0010412 93796 1/9/2020 SURF CITY THEATRE CO Receipt 2001273.003 THEATRE DAMAGE DEPOSIT RETURN21512 001-2111 250.00 01/09/2020 Check Register CITY OF HERMOSA BEACH 7 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 250.00 93796 1/9/2020 SURF CITY THEATRE CO21512 93797 1/9/2020 SWANK MOTION PICTURES, INC.DB 2796433 COMM HOLIDAY MOVIE NIGHT LICENSE20081 001-4601-4308 435.00 Total : 435.0020081 93798 1/9/2020 T-MOBILE Account 946625962 PD/CSOS/CELL PHONES/DEC1919082 001-2101-4304 196.65 001-3302-4304 39.33 YARD/CELL PHONES/HOTSPOTS/DEC19Account 954297746 001-4202-4304 284.17 Total : 520.1519082 93799 1/9/2020 TORRANCE AUTO PARTS 237921 to 237923 AUTO REPAIR/MAINTENANCE PARTS/DEC1916735 715-2101-4311 49.83 715-3302-4311 27.23 715-6101-4311 51.44 Total : 128.5016735 93800 1/9/2020 TORRANCE, CITY OF PO 34470 AREA G DISASTER MGMT 19/20 BUDGET01860 001-1201-4251 3,527.00 Total : 3,527.0001860 93801 1/9/2020 US ARMOR 26104 33 FACE SHIELDS FOR BALLISTIC HELMETS09374 153-2106-5405 1,914.00 153-2106-5405 195.42 Total : 2,109.4209374 93802 1/9/2020 V AND V MANUFACTURING 49056 POLICE BADGE NO. 1501938 001-2101-4314 106.95 001-2101-4314 19.16 RETIRED CHIEF BADGE FOR MCKINNON50041 001-2101-4314 115.95 001-2101-4314 10.16 Total : 252.2201938 93803 1/9/2020 VORTEX INDUSTRIES, INC.07-1402016 CITY HALL FRONT DOOR LOCK REPAIR15597 715-4204-4201 420.00 Total : 420.0015597 01/09/2020 Check Register CITY OF HERMOSA BEACH 8 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93804 1/9/2020 WEST BASIN WATER ASSOCIATION 190926-7 MEMBERSHIP DUES FOR 2019-202000371 001-1101-4315 500.00 Total : 500.0000371 93805 1/9/2020 WITTMAN ENTERPRISES LLC 1910062 AMBULANCE TRANSPORT BILLING/OCT1913359 001-1202-4201 4,781.81 Total : 4,781.8113359 93806 1/9/2020 YAMADA COMPANY INC.78646 MAT REQ 874609/GASKETS FOR WATER PUMP00315 715-3102-4311 20.73 Total : 20.7300315 93807 1/9/2020 ZUMAR INDUSTRIES INC 86405/Mat Req 549881 2 "YOUR SEWER DOLLARS AT WORK" SIGNS01206 160-8416-4201 606.30 MAT REQ 987118/PERFORATED TUBES (20)86627 001-3104-4309 857.89 MAT REQ 987119/PENATRATOR ANCHORS (25)86628 001-3104-4309 613.70 Total : 2,077.8901206 570227498 12/24/2019 SOCAL GAS 1/9/20 Check Run GAS/CITY-OWNED BLDGS/NOV1900170 001-4204-4303 140.87 Total : 140.8700170 Bank total : 290,932.02 51 Vouchers for bank code :boa 290,932.02Total vouchers :Vouchers in this report 51 01/09/2020 Check Register CITY OF HERMOSA BEACH 9 5:33:50PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 9 inclusive, of the check register for 1/9/2020 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 1/21/2020 01/16/2020 Check Register CITY OF HERMOSA BEACH 1 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93808 1/16/2020 3V SIGNS AND GRAPHICS LLC Order No. 10959 HAZARD WASTE/SHRED BANNER/NUMBERS17339 001-3104-4309 86.53 Total : 86.5317339 93809 1/16/2020 ABSOLUTE INTERNATIONAL SECURIT 2019054769 DOWNTOWN/PLAZA SECURITY/DEC1921086 001-2101-4201 8,781.27 Total : 8,781.2721086 93810 1/16/2020 ASCAP 100005427197 MUSIC LICENSE/JAN20-DEC2013900 001-4601-4315 363.00 Total : 363.0013900 93811 1/16/2020 ASPEN ENVIRONMENTAL GROUP 3465.001-08 TRANSPACIFIC FIBER OPTIC EIR/OCT1908614 001-2108 68,435.57 TRANSPACIFIC FIBER OPTIC EIR/NOV193465.001-09 001-2108 12,594.66 Total : 81,030.2308614 93812 1/16/2020 AT&T 960 461-1985 555 7 PD COMPUTER CIRCUITS/JAN2000321 001-2101-4304 108.64 Total : 108.6400321 93813 1/16/2020 AXON ENTERPRISES, INC.SI-1632323 5 BODY-WORN CAM MOUNTS FOR DETECTIVES21022 001-2101-4314 199.75 001-2101-4314 18.98 Total : 218.7321022 93814 1/16/2020 BARROWS, PATRICK PO 34547 INSRUCTOR PAYMENT/CLASSES 8458-917271 001-4601-4221 882.00 INSTRUCTOR PAYMENT/CLASS NO. 8553PO 34548 001-4601-4221 306.25 Total : 1,188.2517271 93815 1/16/2020 BEACH GIRL PROPERTIES LLC 249 PARKING METERS - 70 14TH STREET/DEC1916371 001-3842 650.00 Total : 650.0016371 93816 1/16/2020 BEAN, SHIHO Parcel 4188-012-082 STREET LIGHT & SEWER TAX REBATE17196 105-3105 24.61 2b (2) 01/16/2020 Check Register CITY OF HERMOSA BEACH 2 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93816 1/16/2020 (Continued)BEAN, SHIHO17196 001-6871 124.12 Total : 148.7317196 93817 1/16/2020 BOGIGIAN, JANET 304 Manhattan Ave ADMINISTRATION CITATION HEARING OFFICER20138 001-1201-4201 1,162.50 Total : 1,162.5020138 93818 1/16/2020 BOVE-LAMONICA, MARGARET PO 34549 SIGNED-OFF CITATION NO. 3201122621602 001-3302 28.00 Total : 28.0021602 93819 1/16/2020 CDWG WGC6917 TEMP/HUMIDITY SENSOR FOR PD09632 715-1206-5401 129.13 715-1206-5401 12.27 Total : 141.4009632 93820 1/16/2020 COMPLETES PLUS 01ZS7876 to 01ZT2127 VEHICLE MAINT/REPAIR PARTS/DEC1909436 715-2101-4311 1,203.98 Total : 1,203.9809436 93821 1/16/2020 COUNTY OF LOS ANGELES C0009319 FIRE PROTECTION SERVICES/FEB2020781 001-2202-4251 14,883.00 180-2202-4251 3,589.00 001-2202-5601 30,306.00 001-2202-4111 10,630.00 001-2202-4251 433,806.00 Total : 493,214.0020781 93822 1/16/2020 CPPA PO 34540 CA PUBLIC PARKING ASSOCIATION MEMBERSHIP12514 001-3302-4315 135.00 Total : 135.0012514 93823 1/16/2020 CPRS PO 34558 VINT/DELIU/AIONO/CONF REGISTR07700 001-4601-4317 1,715.00 Total : 1,715.0007700 93824 1/16/2020 DEWEY PEST CONTROL Account 759408 CITY-OWNED BLDGS/PEST CONTROL/JAN2011449 001-4204-4201 694.00 01/16/2020 Check Register CITY OF HERMOSA BEACH 3 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 694.00 93824 1/16/2020 DEWEY PEST CONTROL11449 93825 1/16/2020 DEWEY PEST CONTROL Account 1233239 SEWER RAT ABATEMENT/JAN2011449 160-3102-4201 262.00 Total : 262.0011449 93826 1/16/2020 DIV OF THE STATE ARCHITECT PO 34552 BUS LIC CASP FEES/OCT19-DEC1918263 001-6851 237.70 Total : 237.7018263 93827 1/16/2020 EASY READER HD19-091 & HD19-093 MAT REQ 869000/LEGAL ADS/DEC1900181 001-1121-4305 315.01 Total : 315.0100181 93828 1/16/2020 EMPIRE PIPE CLEANING AND EQUIP 11814 CLEAN/VIDEO INSPECT SEWER/NOV19-DEC1907853 160-3102-4201 44,373.38 Total : 44,373.3807853 93829 1/16/2020 FJR PACIFIC, INC.21970 CITYWIDE A/C MAINTENANCE/DEC1921217 001-4204-4201 1,750.00 Total : 1,750.0021217 93830 1/16/2020 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/JAN2019884 001-3302-4304 73.32 001-2101-4304 714.28 001-4204-4321 228.48 001-4202-4304 59.47 001-4201-4304 168.07 001-1204-4304 57.42 001-3304-4304 62.03 PD COMPUTER CIRCUITS/JAN20209-190-0013-1206175 001-2101-4304 892.04 EOC ANALOG LINES/JAN20310-318-0113-1203155 715-1206-4304 1,205.53 CASHIER TAPS LINE/JAN20310-318-8751-0128095 001-1203-4304 56.65 JAIL AREA BREATHALYZER/JAN20310-318-9210-0827185 001-2101-4304 69.13 PERSONNEL FAX LINE/JAN20310-372-6373-0311045 001-1203-4304 57.33 01/16/2020 Check Register CITY OF HERMOSA BEACH 4 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93830 1/16/2020 (Continued)FRONTIER19884 EOC CABLE & INTERNET/JAN20323-159-2268-0924145 001-1201-4304 291.20 Total : 3,934.9519884 93831 1/16/2020 GALLS LLC BC1012181 MAT REQ 874117/RAMOS/NAME TAPE01320 001-3302-4314 4.53 Total : 4.5301320 93832 1/16/2020 GERBER, ALLEN S.Parcel 4169-032-021 STREET LIGHT TAX REBATE11732 105-3105 24.61 Total : 24.6111732 93833 1/16/2020 HERMOSA ANIMAL HOSPITAL Mat Req 479103 EMERGENCY VET/RACCOON/DEC1900322 001-3302-4201 45.00 Total : 45.0000322 93834 1/16/2020 HOME DEPOT CREDIT SERVICES 1011836 MAT REQ 673778/MAINTENANCE SUPPLIES03432 301-8699-4201 32.80 MAT REQ 673762/MAINT SUPPLIES/NOV192015450 001-3104-4309 50.22 MAT REQ 649540/MAINT SUPPLIES/NOV193015271 001-4204-4309 202.76 MAT REQ 673770/MAINT SUPPLIES/NOV197015943 001-3104-4309 36.57 Total : 322.3503432 93835 1/16/2020 JHD PLANNING LLC Invoice Dated 10/31 PLANNING SERVICES/JUL19-OCT1921491 001-4101-4201 2,025.00 Total : 2,025.0021491 93836 1/16/2020 KAZANJIAN, GARY Parcel 4187-012-068 STREET LIGHT & SEWER TAX REBATE14360 105-3105 24.61 001-6871 124.12 Total : 148.7314360 93837 1/16/2020 LAURA MECOY COMMUNICATIONS LLC 12-2019 PUBLIC INFORMATION OFFICER/DEC1920347 001-1201-4201 6,000.00 Total : 6,000.0020347 01/16/2020 Check Register CITY OF HERMOSA BEACH 5 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93838 1/16/2020 MAIN STREET TOURS 41818/Mat Req 586877 DODGER STADIUM EXCURSION BUS10045 145-3409-4201 1,225.00 NIXON LIBRARY EXCURSION/PER PERSON COST41864/Mat Req 586875 001-4601-4201 1,470.00 MAT REQ 586878/NIXON EXCURSION BUS41865 145-3409-4201 1,075.00 LA LIBRARY/LAPD MUSEUM EXCURSION41891/Mat Req 586876 001-4601-4201 2,520.00 DOWNTOWN LA LIBRARY EXCURSION BUS41892/Mat Req 586879 145-3409-4201 1,180.00 Total : 7,470.0010045 93839 1/16/2020 MANIACI INSURANCE SERVICES 927 BENEFITS CONNECT ADMIN/DEC1918312 001-1203-4201 587.52 Total : 587.5218312 93840 1/16/2020 MERCHANTS LANDSCAPE SERVICES 55254 200 PIER/PLANTERS/AGAVE REMOVAL/TRIM18071 125-8546-4201 800.00 Total : 800.0018071 93841 1/16/2020 NV5, INC 147305 GREENWICH UNDERGROUND/ENGINEER/NOV1921033 001-2133 4,410.00 Total : 4,410.0021033 93842 1/16/2020 PETRESKY, SHARI Parcel 4184-004-025 STREET LIGHT TAX REBATE17407 105-3105 24.61 Total : 24.6117407 93843 1/16/2020 RED SECURITY GROUP, LLC 65301 MAT REQ 649542/KEY COPIES (5)13255 001-4204-4309 24.64 Total : 24.6413255 93844 1/16/2020 ROCK SOLID CONCRETE, INC.Receipt 001-00731986 UNUSED PERMIT REFUND21610 001-3831 693.36 Total : 693.3621610 93845 1/16/2020 SCMAF MEM-SILV-20-6 ANNUAL GROUP MEMBERSHIP RENEWAL12112 001-4601-4315 310.00 Total : 310.0012112 01/16/2020 Check Register CITY OF HERMOSA BEACH 6 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93846 1/16/2020 SESAC, LLC 10353352 MUSIC PERFORMANCE LICENSE THRU 12/31/2020175 001-4601-4315 460.00 Total : 460.0020175 93847 1/16/2020 SOCAL GAS Acct 011 004 5767 8 GAS/PW YARD BLDGS/DEC1900170 001-4204-4303 27.02 Total : 27.0200170 93848 1/16/2020 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 ELECTRICITY/DEC1900159 105-2601-4303 109.53 ELECTRIC/NOV19-DEC19/INSTALL 20/852-00-989-7315 105-2601-4303 16,366.73 001-4204-4303 1,568.47 ELECTRICITY/APR19-NOV192-01-414-3994 160-3102-4201 387.75 ELECTRICITY/DEC192-01-414-3994 160-3102-4201 51.16 ELECTRICITY/DEC192-01-836-7458 105-2601-4303 12.43 ELECTRICITY/DEC192-02-274-0542 001-6101-4303 9.84 ELECTRICITY/DEC192-08-629-3669 001-4204-4303 65.09 ELECTRICITY/DEC192-09-076-5850 105-2601-4303 115.95 ELECTRICITY/DEC192-19-024-1604 001-4204-4303 1,857.31 ELECTRICITY/DEC192-20-128-4825 001-3304-4303 1,648.07 ELECTRICITY/DEC192-20-128-5475 001-4204-4303 231.64 ELECTRICITY/DEC192-20-984-6369 105-2601-4303 54.36 ELECTRICITY/DEC192-21-400-7684 105-2601-4303 14.30 ELECTRICITY/DEC192-23-687-8021 001-3104-4303 48.75 ELECTRICITY/DEC192-26-686-5930 105-2601-4303 324.98 01/16/2020 Check Register CITY OF HERMOSA BEACH 7 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 93848 1/16/2020 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 ELECTRICITY/DEC192-31-250-3303 001-4204-4303 17.21 ELECTRICITY/DEC192-36-722-1322 105-2601-4303 48.56 ELECTRICITY/DEC192-37-909-1838 001-4204-4303 396.16 Total : 23,328.2900159 93849 1/16/2020 SPARKLETTS 4472788 010220 MAT REQ 586880/DRINKING WATER/DEC1900146 001-4601-4305 204.46 Total : 204.4600146 93850 1/16/2020 SUNSTATE EQUIPMENT COMPANY 8283181-001 MAT REQ 309111/NEW YEARS EVE LIGHT TOWER14019 001-3301-4201 362.56 MAT REQ 309109/NEW YEARS LIGHT TOWER8283183-001 001-3301-4201 362.56 MAT REQ 309110/NEW YEARS EVE LIGHT TOWER8283184-001 001-3301-4201 212.56 Total : 937.6814019 93851 1/16/2020 TUMBLEWEED TRANSPORTATION 0013285-IN STAR KINDERGARTEN PROG TRANSPORT/DEC1920749 145-3411-4201 3,000.00 Total : 3,000.0020749 93852 1/16/2020 UNITED STATES POSTAL SERVICE PO 34528 PO BOX 728 FOR CITATION PMTS/ANNUAL FEE20388 001-1203-4305 308.00 Total : 308.0020388 93853 1/16/2020 VERIZON BUSINESS SERVICES 71330388 VOIP PHONES/COMM RES/NOV1918666 001-4601-4304 141.88 VOIP PHONES/BASE 3/NOV1971331188 001-3302-4304 108.40 VOIP PHONES/YARD/NOV1971331197 001-4202-4304 144.52 VOIP PHONES/BARD/NOV1971331259 001-3302-4304 69.60 VOIP PHONES/EOC GYM/NOV1971331267 001-1201-4304 61.69 01/16/2020 Check Register CITY OF HERMOSA BEACH 8 5:53:19PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 526.09 93853 1/16/2020 VERIZON BUSINESS SERVICES18666 93854 1/16/2020 WALLER, MICHELE L Parcel 4184-024-022 STREET LIGHT TAX REBATE20283 105-3105 24.61 Total : 24.6120283 93855 1/16/2020 WOOD ENVIRONMENT & INFRASTRUCT S49833280 LOCAL COASTAL PLANNING CONSULT/NOV1919757 150-4107-4201 350.00 Total : 350.0019757 540096014 12/23/2019 SOCAL GAS 115 404 6900 1 GAS/CITY-OWNED BLDGS/734 PIER/NOV1900170 001-4204-4303 126.12 Total : 126.1200170 Bank total : 693,924.92 49 Vouchers for bank code :boa 693,924.92Total vouchers :Vouchers in this report 49 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 8 inclusive, of the check register for 1/16/2020 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 1/21/2020 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0044 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2019 (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council receive and file the memorandum regarding the December 2019 Financial Reports. Summary: The December Revenue,Expenditure and CIP reports will be submitted with the Midyear Budget report in February. Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0055 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR DECEMBER 2019 (City Treasurer Karen Nowicki) Recommended Action: Staff recommends that the City Council receive and file the memorandum regarding the December 2019 City Treasurer’s Report and Cash Balance Report. Summary: The December 2019 City Treasurer’s Report and Cash Balance Report will be submitted with the Midyear Budget report in February. Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0054 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommended Action: The City Treasurer recommends that the City Council approve cancellation of certain checks. Summary: Please ratify the following request for cancellation of the check(s) listed below: Check #:93266 Date Issued:10/31/2019 Amount:$500.00 Vendor asked to reissue to a different vendor name. Check #:93443 Date Issued:11/21/2019 Amount:$50.00 The check was no longer needed. Check #:93504 Date Issued:12/05/2019 Amount:$600.00 Vendor required two separate checks. Check #:93658 Date Issued:12/26/2019 Amount:$493,214.00 Vendor did not receive check. City of Hermosa Beach Printed on 1/23/2020Page 1 of 2 powered by Legistar™ Staff Report REPORT 20-0054 Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 2 of 2 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0038 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 PUBLIC WORKS PROJECT STATUS REPORT AS OF JANUARY 10, 2020 (Public Works Director Marnell Gibson) Recommended Action: Staff recommends that the City Council receive and file the Public Works Project Status Report as of January 10, 2020. Key statistics for Fiscal Year 2019-20 Capital Improvement Program are provided below. Number of Projects/Studies by Phase # of Projects/Studies Study/Conceptual Planning 10 Preliminary Design 12 Final Engineering Design 9 Project Approvals/ Bidding 2 Construction 2 Closeout 2 Total Projects 32 Total Studies 5 Number of Projects/Studies by Completion Timeline # of Projects/Studies 1 - Complete by end of FY 19/20 10 2 - Complete in FY 20/21 8 3 - 3 years to completion 0 4 - 5 years to completion 0 5 - TBD 18 Projects/Studies Complete 1 Total Projects 32 Total Studies 5 City of Hermosa Beach Printed on 1/23/2020Page 1 of 2 powered by Legistar™ Staff Report REPORT 20-0038 Number of Projects/Studies by Category # of Projects/Studies Street & Highway Improvements 10 Sewer & Storm Drain Improvements 5 Park Improvements 5 Public Building & Ground Improvements 17 Total Projects 32 Total Studies 5 # of Projects/Studies Number of Projects/Studies by Manager Lead Support Total Lucho Rodriguez 8 4 12 Reed Salan 3 1 4 Romany Basilyous 5 0 5 Andrew Nguyen 2 2 4 Doug Krauss 2 1 3 Leeanne Singleton 1 1 2 Kelly Orta 2 1 3 TBD 15 0 15 Total Projects/Studies 37 Attachments: Project Status Report as of January 10, 2020. Respectfully Submitted by: Marnell Gibson, Public Works Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 2 of 2 powered by Legistar™ City of Hermosa Beach Updated 1.10.20 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM Grey indicates projects on hold. Project CategoryCIP No.Project Name Project Budget Project Manager Study/Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/ BiddingConstructionCloseoutTentative Date to Next Milestone/ Update Estimated Project Completion Date Current Project Status Project Description SH 102 Bus Stops Improvements (NEW)330,875$ TBD X Project Initiation Project Initiation Preliminary Design. Pending staff availability.This project will improve bus stops along: Hermosa Avenue from Herondo Street to 10th Street; Manhattan Avenue from 26th Street to Longfellow Avenue; and Pier Avenue PCH to Valley Drive. These improvements will include Americans with Disabilities Act (ADA) accessible curb ramps, concrete bus pads, crosswalk and striping improvements, and other general improvements within direct vicinity of the bus stops. SH 143 PCH Mobility Improvement Project 636,134$ Lucho Rodriguez X TBD TBD Study/Conceptual Planning. Staff in conversation with Cal Trans, Metro and Council of Governments for funding possibilities. This project would retain the existing number of lanes including north and south bound flex lanes and maintain lane widths of ten (10) feet, and flex lanes of twelve (12) feet with zero (0) feet shoulders. Collectively, the improvements will address existing, near-term, and long- range future traffic conditions along this corridor by improving intersection operations, reducing instances of unsafe turning movements, create a safe and more comfortable environment for pedestrians and transit riders, and improving the efficient movement of vehicles along the corridor. SH 160 PCH Traffic Improvements 399,922$ Reed Salan X Complete Construction - 04/20 06/20 Construction. PCH at Aviation Blvd and at Pier Ave improvements in progress. Delayed due to additional CalTrans requirements. Awaiting CalTrans approval. The purpose of this project is to improve operational mobility along State Route 1 (Pacific Coast Highway). The project also includes improvements including but not restricted to truck turning radius, Americans with Disabilities Act curb ramps, striping and pedestrian signal improvements of the segment on PCH at Aviation Blvd and Pier Ave. SH 164 Hermosa Avenue Green Street 250,000$ Doug Krauss Lucho Rodriguez X Project Initiation Project Initiation Study/Conceptual Planning. State Funding obtained through the City of Torrance for Regional project of Green Streets. Funding covers Design and Engineering Services with City match of $134,500. After Design is completed there will be an application for Measure W as a Regional project for construction. Next is for a meeting with the other Cities and designer to figure out the project time line. The project will design and implement Low Impact Development (LID) and green infrastructure on Hermosa Ave from 4th St to Herondo Ave. Two key intersections on Hermosa Avenue will be reconstructed to create pedestrian- friendly curb extensions with subsurface infiltration units landscaped with drought tolerant species. Parking lanes along Hermosa Avenue, between the City’s south border and 4th Street, will be replaced with permeable pavement. Tree-box biofilters will be installed to provide supplemental infiltration. SH 173 8th Street Improvements 988,717$ Reed Salan X Project Closeout Project Closeout Project Closeout. Construction completed.The project consists of improvements that will improve walkability and provide safe pedestrian access on 8th Street from Valley Drive to Hermosa Avenue. Improvements include continuous sidewalk; ADA curb access ramps on 8th Street; drainage improvements; installing crosswalks on both sides of 8th Street at intersections of: Manhattan Avenue, Monterey Blvd, Loma Drive, Cypress Avenue, Bard Street and Valley Drive. SH 185 ADA Improvements on PCH between 2nd Street and 21st Street 287,260$ Reed Salan X Project Closeout Project Closeout Project Closeout. Construction completed.This project proposes ADA Curb Ramp improvements along PCH to comply with ADA requirements. The project will involve construction and reconstruction of ADA curb ramps at various intersections. The funding for this project is provided by Caltrans. SH 186 Street Improvements - Various Locations 900,000$ Romany Basilyous X Complete Final Engineering Design - 4/20 09/20 Final Engineering Design. On call design firm preparing plans and specifications.This project provides for pavement rehabilitation of streets at various locations. The project will also repair/replace deteriorated portions of sidewalk, curb & gutter and curb ramps. This project also includes the resurfacing of 24th Street between Valley Drive and Park Avenue. The scope of work includes the construction of curb and gutter as needed to correct street drainage deficiencies as well as lowering of public utilities (by util. companies) to standard depth to permit the proper street construction. This work will be performed following the sewer and storm drain repairs identified in the Sewer and Drainage Master Plans. SH 188 Strand Bikeway and Walkway Improvements at 35th Street 115,000$ Lucho Rodriguez X Complete Preliminary Design - 6/31/20 TBD Caltrans Grant secured for preliminary design. Per Grant requirements design services to be secured after December. Project timeline will be determined after consultant is selected. This project would provide for improved accessibility & connectivity for bicyclists travelling between the Cities of Hermosa Beach and Manhattan Beach via The Strand at 35th Street. The project will also consider the addition of a dedicated ADA path to provide greater ADA accessibility to The Strand. Categories: SH = Street/Highway SSD = Sewer/Storm Drain PI = Parks PBG = Public Building and Ground 1 of 4 City of Hermosa Beach Updated 1.10.20 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM Grey indicates projects on hold. Project CategoryCIP No.Project Name Project Budget Project Manager Study/Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/ BiddingConstructionCloseoutTentative Date to Next Milestone/ Update Estimated Project Completion Date Current Project Status Project Description SH 190 Annual Street Improvements 200,000$ Romany Basilyous X Complete Final Engineering Design - 4/20 09/20 Final Engineering Design. On call design firm preparing plans and specifications.This project provides for pavement rehabilitation of streets at various locations. The project will also repair/replace deteriorated portions of sidewalk, curb & gutter and curb ramps. This work will be performed following the sewer and storm drain repairs identified in the Sewer and Drainage Master Plans. SSD 416 Annual Sewer Improvements - Various Locations 2,200,000$ Andrew Nguyen X Complete Construction - 03/20 06/20 Construction. Ahead of scheudle. This project includes design and construction of sewer improvements and repairs based on new Sewer Master Plan. SSD 417 Annual Storm Drain Improvements - Various Locations 1,080,000$ Romany Basilyous X Complete Final Engineering Design - 3/20 11/20 Final Engineering Design. On-call design firm preparing plans and specifications.Storm drain improvements throughout the City. Locations will be identified and prioritized per the recently adopted Storm Drain Master Plan. Projects will address deficiencies, ponding, and repairs as well as locations for new storm drains. SSD 419 16th Street Storm Drain Trash Capture Box (NEW)100,000$ Romany Basilyous X Complete Construction - 6/20 08/20 Project Approvals/Bidding. Trash Capture Box installation not feasible. City will proceed with individual trash capture inserts at each catch basin not completed with last year's project. The City will install a certified centralized full capture trash system on the 16th Street Storm Drain at Hermosa Valley School which was one of the optimal locations identified by the Storm Drain Master Plan. The Debris Separating Baffle Box will remove 100% of the trash from 16th Street Storm Drain, in place of installing connector pipe screens on all upstream catch basins, and reduce the long-term maintenance requirements and cost. SSD 421 Annual Sewer Improvements 250,000$ Andrew Nguyen X Complete Final Engineering Design - 6/20 12/20 Final Engineering Design. On-call design firm preparing plans and specifications.This project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. SSD 422 Annual Storm Drain Improvements 200,000$ TBD X TBD TBD Preliminary Design. Pending staff availability.Storm drain improvements throughout the City. Locations will be as identified & and prioritized per the Storm Drain Master Plan. Projects will address deficiencies, ponding, and repairs as well as where new storm drains are needed Citywide. This project will also address operational deficiencies at the outfall structures at various locations. Improvements include for design & construction activities on an annual basis PI 542 Herondo Drain Storm water/Urban Run-off Diversion Project 4,563,313$ TBD X TBD TBD Study/Conceptual Planning. Council directed staff to dissolve the MOU between the Beach Cities Watershed Management Group for cost-sharing for the design of the project. The Hermosa Beach Mayor sent letters to partner agencies requesting to dissolve the MOU and staff are awaiting notification of actions. The Beach Cities agency staff discussed a desire to continue working together to revise the EWMP and projects through additional modelling. The Herondo Storm Drain Infiltration Project is the highest priority project identified in the Beach Cities Enhanced Watershed Management Program (EWMP). The Project was awarded $3,099,400 Prop 1 grant funding from the SWRCB to be accompanied by $3,785,988 in matching funds to engineer, plan, design and construct a storm water infiltration system to divert and treat storm water from the Herondo Drain. This is a joint project between the Beach Cities Watershed Management Group member agencies. PI 545 Clark Stadium Bleachers 50,000$ TBD X TBD TBD On Hold. Study/Conceptual Planning. Pending staff availability.This project will improve the bleachers at Clark Field. Improvements includes providing ADA access to the bleachers; this project will look at different solutions to resolve the issue. One possible solution is the installation of aluminum bleachers. PI 547 Fort Lots-Of-Fun Park Improvements 50,000$ TBD X TBD TBD Preliminary Design. Pending staff availability.Design park improvements to include playground equipment, landscaping, and assessing the feasibility of incorporating the old Prospect school building as part of the park. PBG 608 Downtown Lighting Improvements (NEW)60,000$ TBD X Project Initiation Project Initiation Preliminary Design. Secure design services to prepare plans and specifications.This project will improve safety, security and ambiance in the downtown area through lighting improvements as determined by the Downtown Security Assessment Report. Areas for lighting improvements are: Corner of Manhattan Ave and Pier Ave; 14th Ct.; Palm Dr.; Hermosa Ave. Center Median (aesthetic lighting components) PBG 609 Downtown Strategic Plan Implementation 662,665$ TBD X TBD TBD Study/Conceptual Planning. Pending staff availability.The purpose of this project is to develop a strategic plan for the Downtown and Plaza areas to assess the lighting elements, mitigate safety concerns and develop those improvements for the City’s downtown area. The Downtown Core Revitalization Strategy (Roma Design Group, 2014) provided a conceptual plan. Concepts from this strategy will be reviewed for potential application into future phases as they develop. Categories: SH = Street/Highway SSD = Sewer/Storm Drain PI = Parks PBG = Public Building and Ground 2 of 4 City of Hermosa Beach Updated 1.10.20 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM Grey indicates projects on hold. Project CategoryCIP No.Project Name Project Budget Project Manager Study/Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/ BiddingConstructionCloseoutTentative Date to Next Milestone/ Update Estimated Project Completion Date Current Project Status Project Description PBG 615 New Corporate Yard Facilities 1,356,151$ Lucho Rodriguez X Complete Preliminary Design - 3/20 12/21 Preliminary Design. 25% plans in review by Building and Safety , planning, PW. Next submittal Coastal Commission. This project is for the design and construction of a new city yard. Construction will be done in two phases. Phase 1 to include one metal prefabricated building to house a new mechanic, paint/sign shop and contracted services. New wash down station area. Phase 2 to include demolition of existing buildings. Construction of new administration building. General yard improvements (fencing, landscaping, drainage). PBG 629 Municipal Pier Structural Assessment and Repairs 417,380$ TBD X Complete Final Engineering Design - 2/20 12/20 Final Engineering Design. Completing design. Change in Public Works staffing.Repairs of the municipal pier structural elements including the piles, pile caps, deck and the lifeguard storage room. PBG 660 Municipal Pier Electrical Repairs 535,184$ TBD X Complete Final Engineering Design - 2/20 12/20 Final Engineering Design. Completing design. Change in Public Works staffing.The pier electrical repairs will involve the replacement of existing conduit, junction boxes, connections and wiring so that the lights can be functional. The project will also eliminate the service box towards the end of the pier and create a new service connection point for the foghorn at the end of the pier. This project will also include the replacement of the bollard lighting at the pier with new LED lighting fixtures. PBG 669 City Park Restrooms and Renovation 1,500,000$ Lucho Rodriguez X Complete Project Approvals/Bidding - 2/20 12/20 Final Engineering Design. Advertising for construction bids in January-February This project consists of construction of ADA compliant restroom at Forts Lot-Of-Fun, Seaview Parkette, South Park, and Clark Field. PBG 672 Council Chamber Audiovisual Improvements 305,024$ Romany Basilyous X Complete Final Engineering Design - 3/20 06/20 Final Engineering Design. Design firm preparing plans and specifications.Project will replace audio visual equipment in the Council Chambers including additional enhancements such as Video Wall Solution (110” seamless sidewall display) and 55” lobby overflow display PBG 682 Parking Lot D Improvements 210,163$ Doug Krauss X Complete Final Engineering Design - 2/20 03/21 Final Engineering Design. Construction pending California Coastal Conservancy Board approval of Grant in February 2020. The project will install a rapid electric vehicle charging station, expand bicycle parking and capture and treat storm water run-off from road and parking surfaces. PBG 684 Emergency Operations Center Renovations - Phase 1 193,500$ TBD X TBD TBD Preliminary Design. Pending staff availability.This project will add restrooms to the EOC and renovate the adjacent room for future EOC uses. The EOC is located within a building designated as a historical building, which will require a Certificate of Appropriateness to complete the repairs. This project will be completed in two phases. Phase 1 includes restroom construction including flooring, lighting, wall and ceiling repairs, painting, new plumbing, and installing fixtures. Phase 2 includes complete room renovation including new flooring, ceiling, lighting, furnishings, and relocation of Emergency System IT equipment, including a new switch, 2 UPC batteries, and firewall to support the EOC. Security Improvements to include new key fob locking systems. PBG 689 Clark Building Renovations 475,100$ Lucho Rodriguez X Complete Preliminary Design - 3/20 12/20 Preliminary Design. Phase 1. Kick off meeting in January-February 2020.The project consist of: 1. Design, Operational Review 2. Kitchen Remodel - including new commercial appliances, sinks, countertops, lighting, tile, flooring, doors and ADA upgrades. 3. Restrooms Remodel - including new flooring, fixtures, stalls, sinks, toilets, lighting, and ADA upgrades. Electrical, plumbing, sewer line upgrades. 4. Install new Heating, ventilation, and air conditioning. 5. Acoustic panels and new lighting throughout ballroom area. 6. ADA upgrades to entrance building entrance points. PBG 692 14th Street Beach Restroom Rehabilitation 110,000$ Lucho Rodriguez X Complete Preliminary Design - 3/20 12/20 Preliminary Design. Kick off meeting in February-March 2020.This project will construct a new restroom facility which includes replacement of the entire building; restrooms; appurtenant plumbing; ADA improvements for compliance. This project will also include the replacement of the existing sewer lift station components which includes 2 submersible pumps; motor control panel; associated plumbing; addition of telemetry for condition/outage notifications. Categories: SH = Street/Highway SSD = Sewer/Storm Drain PI = Parks PBG = Public Building and Ground 3 of 4 City of Hermosa Beach Updated 1.10.20 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM Grey indicates projects on hold. Project CategoryCIP No.Project Name Project Budget Project Manager Study/Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/ BiddingConstructionCloseoutTentative Date to Next Milestone/ Update Estimated Project Completion Date Current Project Status Project Description PBG 695 Parking Lot A Improvements (NEW)632,260$ Lucho Rodriguez X Project Initiation Project Initiation Preliminary Design. Secure design services to prepare plans and specifications. This project will consist of upgrading Parking Lot A to meet ADA standards, with improvements including: • New layout to maximize parking capacity and improve circulation. • Consideration of the layout of parking spaces on 11th Street and explore incorporating 11th Street parking spaces into the Lot A pay station system. • New surfacing and lighting. • New trash enclosures adjacent to commercial buildings and removal of the trash enclosure and joint compactor. • Low impact development elements including permeable pavers and landscaping. Coastal Commission permits will be required. PBG 696 Police Station Basement Restroom Improvements (NEW)33,000$ TBD X Project Initiation Project Initiation Preliminary Design. Pending staff availability.The restrooms in the basement of the Police Station are in need of improvements. This project will remodel the restrooms in the basement of the Police Station. PBG 698 ADA improvements (CDBG) (NEW)120,000$ TBD X Complete Final Engineering Design - 2/20 06/20 Final Engineering Design. Finalizing plans and specifications. Change in Public Works staffing. Improvements and relocation of sidewalks, curb ramps and obstructions along Prospect Avenue in order to follow the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. SH 101 Hermosa Avenue Greenwich Village Street Realignment (STUDY) 40,000$ TBD X Complete Preliminary Design - 6/20 TBD Caltrans Grant secured for preliminary design. Per Grant requirements design services to be secured after December. Project timeline will be determined after consultant is selected. This study will evaluate potential improvements at the intersections of: • Hermosa Avenue and Greenwich Village; and • Manhattan Avenue and Greenwich Village/27th Street The study will evaluate opportunities improve the flow and visibility for pedestrian, bikes, and vehicles at the two intersections. PI 538 Citywide Park Master Plan (STUDY) 215,475$ Leeanne Singleton X TBD TBD On Hold. RFP currently on hold to allow for coordination with LA County Parks Measure A funding and allocation plan criteria. The City is seeking to prepare a Parks Master Plan to provide a comprehensive strategy to maintain, rehabilitate and improve the City’s network of parks, facilities, and open space assets, including current unfunded park and recreational opportunities. PI 544 Greenbelt Accessible Path Assessment (STUDY) 10,000$ TBD X TBD TBD On Hold. Secure design services to prepare a conceptual design/feasibility of a path on the Green Belt. Determine the feasibility of installing an ADA surface path on the Greenbelt to provide a firm, natural looking and permeable path that increases accessibility for the disabled and boosts accessibility for all. PBG 668 Library Community Needs Assessment (STUDY) 42,522$ Kelly Orta X TBD TBD On Hold. On hold until funding opportunities become available for a new or renovated library facility. This needs assessment includes two phases: Phase I addresses the needs assessment to provide a report for library facility needs, space planning and daily services. Phase II will address the preparation of a conceptual design for remodeling the existing facility, reconstruction, or new construction at a new location. PBG 693 Community Theater Needs Assessment (STUDY) 30,000$ Kelly Orta X Complete Preliminary Design - 3/20 12/20 Preliminary Design. Kick off meeting with consultant in December. Community outreach in January. This needs assessment will include an analysis and conceptual cost estimates of two scenarios: a. A major renovation of the Community Theatre to transform it into a regional performing arts center; and b. A conservative renovation to upgrade the Community Theatre, taking into consideration its current users and maintaining the community focus of the facility. Market trends for similar and/or other theaters will also be included. PBG 694 Parking Structure (Lot C) Structural Assessment (NEW) (STUDY) 40,000$ TBD X Study Initiation Study Initiation Kick off meeting in January 2020 to determine timeline Prepare a structural assessment report for the parking structure, to analyze cracks in walls and decks. Categories: SH = Street/Highway SSD = Sewer/Storm Drain PI = Parks PBG = Public Building and Ground 4 of 4 Supplemental #1 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 1 of 3 Supplemental #1 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 January 26, 2020 To: Hermosa Beach City Council (Mary Campbell-Collins, Hany Fangary, Justin Massey, Michael Detoy, Stacey Armato), City Manager Suja Lowenthal, Public Works Director Marnell Gibson, Hermosa Beach School Board, and Contract City Attorney Michael Jenkins. From: Howard Longacre, Hermosa Beach Resident Re: As yet uninstalled safety YELLOW crosswalks along the 8th Street ‘Safe Routes to School’ (SR2S) and ‘Americans with Disabilities Act’ (ADA) sidewalks project. Att: Prior emails providing information and requesting information from the Public Works Department with regard to the 8th Street Sidewalks project. Ref: Following is a direct link to the 1/28/2020 City Council Agenda’s Item 2-f staff-report- attachment giving the monthly “Capital Improvement Project (CIP) Status Report” dated January, 2020, as for the “Fiscal Year 2019-20 CAPITAL IMPROVEMENT PROGRAM”. (note specifically the 8th Street project line item) https://hermosabeach.legistar.com/View.ashx?M=F&ID=8029811&GUID=1FD345D2- 4031-4566-BCFB-0BEE1F7E88A6 Councilmembers, and others: The comments as made herein by me are given freely and they are entirely my views and opinions on all that I've stated. This Supplemental#1 deals specifically with the as yet uninstalled crosswalk markings for interesetions from ‘Bard Street & 8th St’ through to ‘Bayview Dr & 8th St’. A separate Supplemental #2 deals specifically with the missing crosswalk and ADA handicap ramp at Hermosa Avenue & 8th Street and other items. Please review carefully as these communications are to also, for the record, establish further that the city has received PRESUMPTIVE NOTICE of the situations discussed herein. In my “Written Communication” to the Council appearing on the Council’s Agenda December 17, 2019, which questioned the ongoing HB Police Department attrition that’s been occurring, I also stated that the 8th Street sidewalks project was budgeted 6 years ago, took over 6 years to commence a mere 60-day construction of the sidewalks, and that the project still really is not yet complete as fully “Safe Routes To School” paths! I noted therein that that was a separate unresolved issue.” Interesting to note is that no one on Council or on staff inquired of me as to what issues were unresolved that I was speaking Supplemental #1 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 2 of 3 of, and thus this communication now, on top of others previously sent to Public Works officials. Dec 17, 2019 CC meeting ‘Written Communication’ for reference. ( https://hermosabeach.legistar.com/View.ashx?M=F&ID=7955575&GUID=65EFC3E7-B5AD-4508-99A0-603F268A3084 ) PUBLIC WORKS appears to have no present plans to implement any of the following missing marked crosswalks needed for the SR2S “contiguous” safe school paths, including those even called out in the project/description in the ‘Project Status Reports’ of the last 10 months. These needed safety-marked YELLOW crosswalks were evidently neglected in the Harris Engineers’ specifications and also by staff, i.e. the specifications that the contractor bid to? Why? Following is the list of those specific YELLOW crosswalk locations yet to be accomplished and which leave these specific STOP sign crossing locations without a clear indication to drivers, via presence of YELLOW crosswalks, that these are school SR2S crossings. (N-S Stop Sign only intersection) Palm Dr. (2 sides parallel to 8th St.) Bayview Dr. (2 sides parallel to 8th St.) Sunset Dr. (2 sides parallel to 8th St.) Bard St. (1 side parallel to 8th St.) (All Way Stop Sign intersections) Loma Dr. (4 sides Loma Dr & 8th St.) Cypress Ave.(4 sides Cypress & 8th St.) Note: Prior to Public Works Director Glen Kau’s strange and abrupt resignation some 10- months ago (after just 9-months with the City and as Director), the monthly CIP ‘Project Status Reports’ gave the following brief description of the 8th Street SR2S/ADA sidewalks project. At the approximate date that engineer Lucho Rodriquez was reassigned as Interim Public Works Director, the brief project description in the CIP Status Report was revised to state the following, as it does to this day. (Note the portion I have underlined in Red.) Supplemental #1 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 3 of 3 While in some ways this appeared to be an improvement in the information, it appears that it in fact modified the description to delete the 48” sidewalks (while accomplished during construction) that the Council had insisted on, however further specifically indicated only some of the intersections between Valley Drive and Hermosa Avenue to have marked YELLOW crosswalks at 8th Street intersections. Missing from the list are one-direction crosswalks at Palm Drive and also at Bayview Drive, which are critical due to cars shooting out of those narrow roadways onto 8th Street without drivers first realizing they are crossing a “Safe Route to School” crosswalk, due to the absence of a YELLOW -marked crosswalk and signage indicating a School crosswalk. Remarkable though is that the very project description as existing in the “Project Status Reports” since March of 2019, does directly mention crosswalks at the 8th Street intersections of Loma Drive, Cypress Avenue, and Bard Street, NONE OF WHICH HAVE YET TO BE INSTALLED, i.e. laid down with YELLOW thermal plastic markings, as at Monterey Blvd and Manhattan Avenue (however to be in the East-West direction only at Bard St.). Btw, with re: to “thermal plastic” street markings, as a reminder to Public Works, the City Council during the time when Jeff Duclos was in his first term, specified and directed clearly that, “thermal, plastic” was to be utilized for all Hermosa Beach street markings from then on due to the city’s history of never being able to keep up with failing street markings that had been accomplished with quickly-fading / wearing-out paint. While the project description on the ‘Project Status Report’ failed to include the crosswalks parallel (East-West only) to 8th Street at Sunset Dr., Palm Dr., and Bayview Dr., it was certainly assumed that they would be accomplished when those at Loma Dr., Cypress Ave., and Bard St. were accomplished. As I only brought this to the attention of Public Works director Marnell Gibson on January 8, and vaguely to the Council on December 17, 2019, I would hope by now the order has been made to finish these 6 intersections with the YELLOW crosswalk markings on the Safe Route to School 8th Street project. Especially in light of the fact that just one school- child being injured would be more than catastrophic for the city after being reminded of this minor SNAFU in the specifications/completion of this 8th Street Project. (Please also review carefully the prior emails to the Public Works Department which I have included for reference following this supplemental. See the following Emails Attachment.) Page 1 of 13 - Emails Attachment ATTACHMENT: EMAIL COMMUNICATIONS IN REVERSE ORDER. LAST ONE FIRST. I have received no response from Director Marnell Gibson to the following reply I made to almost 3 weeks ago. _______________________________________________________________ Subject: Re: Sidewalk in last block North Side of 8th St questions? Date: Wed, 8 Jan 2020 From: HBresident To: Public Works Director Marnell CC: Lucho Rodriguez Hello Public Works Director Marnell Gibson (cc Lucho per your indication). Thank you for your reply Marnell. Marnell, please carefully review my reply following here to your reply as if there is to be no cure of any of what I view as Harris Engineers design and specification defects, as evidently concurred with by the HB Public Works Department of the past during this 8th Street project's long workup, then I will certainly need to pursue this matter further. Also in my reply below I am further detailing the 11 missing crosswalk markings I alluded to previously. Unfortunately in your reply you have provided absolutely no indication of anything that I was not already fully aware of, and which I had stated in my prior communications to you. The 8th Street ADA and Safe Route To School (SR2S) sidewalks project was finally constructed after 6 years of delays and more than 40 years of prior neglect to that, however, important details, while easily accomplished even at this late date, are still very much unfinished in the project and are evidently being neglected or perhaps even being stonewalled. This is, and will continue to be unacceptable and a stain on the project. The project is still not a fully SR2S pathway due to the absence of yellow marked crosswalks at the following locations, all in the East-West direction. It appears that all that Harris Engineers did was designate crosswalks at locations already having crosswalks on their plans, and not at all the locations necessary considering that these were now to be SR2S sidewalk paths as Page 2 of 13 - Emails Attachment well. I don't know who if anyone gave Harris Engineers such direction if such was the case over all the various engineers this project got passed along to during the six years. Notwithstanding, Harris Engineers should have provided a first class design for these SR2S pathways. Up here on Prospect Avenue, yellow crosswalks are on EVERY SR2S pathway intersection no matter how insignificant. The following thermal-plastic marked yellow crosswalks are still missing, and their absence (perhaps to save token dollars) adds danger to the grammar-school-age, K-8 children using these SR2S pathways. (N-S Stop Signs only intersection) (corrected) Palm Dr. (2 sides parallel to 8th St.) Bayview Dr. (2 sides parallel to 8th St.) Sunset Dr. (2 sides parallel to 8th St.) Bard St. (1 side parallel to 8th St.) (All Way Stop Signs intersection) (corrected) Loma Dr. (4 sides Loma Dr & 8th St.) Cypress Ave.(4 sides Cypress & 8th St.) ... and of course the most egregious missing cross-walk, that being Hermosa Avenue (8th-St north side- in East-West direction across Hermosa Avenue). This is so outrageous one wonders what was in the mind of the engineers at Harris Engineers to not insist that it be accomplished correctly? This intersection is far more significant than the downtown's north-end "book-end" Hermosa Avenue intersections at 14th and 16th Streets which have the bus stops properly adjusted for correct cross-walks too. See the following Google image. Page 3 of 13 - Emails Attachment Neither of the downtown's North-ending intersections involve a major East-West arterial either, i.e. such as is 8th Street, that has walkers coming all the way across the entire city from Prospect Avenue above PCH, across PCH, to the beach, then only to be confronted now at Hermosa Avenue with no crosswalk, when using the most-used north-side of 8th Street. Now at Hermosa Avenue, one then has a requirement to have to cross the busy arterial 8th Street prior to crossing Hermosa Avenue then on the South side. Such bureaucratic nonsense is the kind of lunacy that's plagued Hermosa Beach for too long. After doing this project and ignoring this missed detail, and now claiming "oh there's a bus stop there", well that's "hogwash", and I would hope as the new Public Works Director, you Marnell will take command and get that department going in the right direction and end the hogwash and half-assed approaches this city has used so often. Page 4 of 13 - Emails Attachment Note: I walk 8th Street to the beach often and have for some 40 years as an adult, and I have seen cars come shooting out of all of the above listed streets, and thus young children crossing at those unmarked East-West crossings (having no yellow crosswalks) are at significant additional unnecessary risk and will be into the endless future until such crosswalks are accomplished. The presence of proper SR2S crosswalk markings at all street crossings on these SR2S pathways are a given. As such this communication is also to give you as PW Director, and the City, formal notice that the aforementioned crosswalks were missed in this project design to perhaps save some token dollars and, in my view, perhaps also by some sloppy engineering by Harris Engineers. One child injured, as such, could be extremely costly to perhaps Harris Engineers as well as the City for such knowing neglect of ensuring that 8th Street is a fully marked Safe Route To School SR2S pathway. Just picking and choosing where to place a crosswalk on the East-West pathway is unconscionable; and that seems to be what has occurred. These marked crosswalks were left off the detailed working drawings by Harris Engineers who should have known better and been fully aware that this was a designated SR2S on two-sides from Valley Drive to the West side of Hermosa Avenue. How outrageous to have a walkway go from PCH to the Beach and be stopped at Hermosa Avenue where there's no crosswalk. Who can defend such, especially as a professional state licensed engineer. If it's all about some token dollars. Say that. Don't say some ridiculous nonsense that there's a bus stop there. The bus stop needs to be adjusted to the North slightly, as at all other intersections North or South having a bus stop are. You don't subject pedestrians to additional risks over token dollar issues. An engineer is to design something properly! Not take lazy shortcuts. 8th Street's sidewalks were to be brought up to full current ADA standards and as a Safe Route To School pathway (both sides) and were again evidently neglected by Harris Engineers possibly with concurrence of the Hermosa PW department during the incompetence and dysfunctional (in my view) mismanagement by the PW Directors during this project's long design/delay workup. I note i.e. Director Glen Kau left as director after only nine months without evidently even one day's notice. I regret that I myself did not catch these cross-walk absences from the drawings, as an uncompensated resident. As a result we Page 5 of 13 - Emails Attachment have another project that's been possibly "completed" in what could be called a "half-assed" manner, if it is completed? Is it completed in the view of the PW Department? Now additionally re: the presence of a bus stop on the west side of Hermosa Avenue, there is also a bus stop on the East side. Marnell you perhaps do not know the history of why there previously has not been two cross walks at this important 8th Street and Hermosa Avenue intersection. This is an all way Stop Sign controlled intersection justifying all-way crosswalks. NO SIGNAL SYSTEM. Prior to the project, the north side of 8th Street had no viable sidewalk leading to that now-missing crosswalk. Now it does have a sidewalk, and it starts at PCH and goes all the way down there, uninterrupted, along the 8th Street cross-town arterial. Are you stating or implying that this is FINAL and that this is not going to be finished properly with this important crosswalk? You are now the director of the department. It's a simple matter to adjust the South-bound bus stop (on the West Hermosa Avenue side) to mirror the North-bound bus stop on Hermosa Avenue's East Side where the East-West crosswalk exists on the South side of 8th Street, notwithstanding there may be an adjustment in the parking spaces nearby req'd on that West side. THE MOST IMPORTANT THING IS TO HAVE A SAFE CROSSWALK AT THIS LOCATION, AND NOT TO FIND SOME BUREAUCRATIC EXCUSE to cover up this outrageous SNAFU by Harris Engineers and put up signage indicating not to even cross there now. The policy is to go the extra mile for the pedestrian, not to screw the pedestrian to get a fast-track bureaucratic fix. What engineer buys into such nonsense? Adding the ADA ramp is a given and should have been in the design of course. That's no big deal. The ADA ramp was redone on the South Side East-West crosswalk as that ramp was out of conformance. View an older Google Street Maps view. If it's a matter of the small cost, then how is it that Lucho (while Interim Director) had brought to the City Council some months ago a ludicrous suggestion to spend $200-Thousand on an add-on, no-bid contract to grind and repave the entire 8th Street pavement for little more than cosmetic purposes. (See my letter on the agenda of that meeting when that was raised and then voted down by the City Council.) I suspect that Lucho had been put under undue pressure indirectly by a member of the City Council via the City Manager to accomplish that. Any documentation regarding as to why Lucho proposed that would best be sent to me. Fortunately such waste was not accomplished, given so many Page 6 of 13 - Emails Attachment other streets much more needing of paving and especially given there needs to be these 11 short cross-walks accomplished, and the Hermosa Avenue crosswalk and ADA ramp previously mentioned. Marnell, what you are now indicating is that perhaps Lucho has indicated he is going to put up signage indicating DO NOT CROSS HERMOSA AVENUE on the 8th Street North-side, East-West leg. Thus handicapped people and school children using the North side of 8th Street will arrive at Hermosa Avenue and now be required to cross the additional busy cross-town arterial (8th Street) before then being able to cross busy Hermosa Avenue to the West. Also people using the businesses in the downtown at that location will also now have to go further South, cross busy (8th Street) prior to being able to cross Hermosa Avenue. With all due respect, this is a bureaucratic response to fixing the situation that Harris Engineers clearly messed up, with instead a cheap and dangerous signage fix and now pedestrians will have to be subjected to additional unnecessary risk indefinitely into the future. THAT'S UNACCEPTABLE AND YOU CERTAINLY SHOULD AGREE TOO. When I went through engineering school, this is not the way I was taught to correct a mistake. Of course that was 60 years ago and things have evidently changed for the quick and dirty result approach used now, it certainly does appear. Now with respect to the condo project, I know all that went before the Planning Commission on that, and all that was done. The specifications for the sidewalks and the city property to the East of the Condo Project was not in any manner specified by the Planning Commission other than the location of their permitted driveway entrance. The developer has to meet the specifications of the Public Works department with respect to the improvements on the Public right- of-way, not the Community Development Department. My question is clear, was there an agreement signed by the developer to build the new retaining wall and widen the sidewalk at the the NW corner of 8th and Valley to match the sidewalk as built at the SW corner of 8th and Valley Drive on the city's extensive property there? I have been requesting now for months to view the city plans that the condo-developer is to build the retaining wall to at that corner. Following is the drawing showing that corner as from the Harris Engineers plans. Unfortunately there is no design by Harris Engineers of what the Condo-Developer is to build on the City Property on the East end of their property. Harris Engineers should have detailed that design! Page 7 of 13 - Emails Attachment The city evidently took Harris Engineers off the hook on that! Note during the walk-through (along 8th Street) before Lucho and Reed got involved in the project, it was stated that there was to be a new retaining wall such that the walk would match the design of the walk on the SW corner. What the drawing below shows is what was there before for the North Side of 8th Street. THUS WHO IS PROVIDING THE DESIGN THAT THE CONDO-DEVELOPER IS TO BUILD TO ON THE EAST END OF THEIR PROPERTY? How many times do I need to ask this question? And why is that design not being provided by Harris Engineers as part of their total design, notwithstanding the cost for the construction is being assumed by the condo-developer. Who is doing the design of the retaining wall and wider sidewalk and ADA ramp upgrades on the extensive City Property to the East of the condo-development property? When can I view the plans? Additionally I'd like to bring to your attention Marnell, that during the commencement of construction of the 8th Street ADA and SR2S sidewalks project, it came to my attention that inspection of the construction was also being handled by Harris Engineers, rather than a neutral professional engineering inspection organization. This is an ethical conflict of interest in my view and in the view of other cities and entities as I understand it, and presents a situation of the "fox guarding the chickens" during the construction of a project that entails a result effecting the safety of the men, women, and children of this city. For any City professional state-licensed engineer, to tolerate such an Page 8 of 13 - Emails Attachment arrangement to accomplish something in a quick and dirty manner, in my view is unconscionable without making it very clear to the Public, the City Manager, and the City Council that such was the case, and with supporting evidence as to why such was considered OK. Recently I noted a contract was signed to additionally have Harris Engineers on call to both do design and inspections. It's a conflict when they are inspecting construction work of their own designs, as such is simply more than improper. Please do not hesitate to call me any afternoon, or to have Lucho call me. Again I need clear answers, not pass the buck answers. I believe the City Council will want clear answers ultimately. Please do not let these small unfinished 8th Street details fester. One injury will more than eat any savings. Also if you are receiving any push-back from anyone on any of this please feel free to let me know the details. The sooner the 8th Street sidewalks project is fully and properly completed, the better for all. Sincerely, Howard Longacre, Resident. _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. On 1/7/2020, Marnell Gibson wrote: Hello, Mr. Longacre – My apologies for the delayed response. As I understand it, the 8th Street project did not cover the NW corner of the sidewalk. The development project, however, did trigger offsite improvements. The project went through the Planning Commission and the review process to implement standard improvements and is currently under construction. Should you wish to obtain copies of the permitted project, you can submit a public records request by submitting a form through the City’s website at the following link: https://www.hermosabeach.gov/our-government/city-clerk/public- records-request Regarding your second concern for the east-west leg of the northern side of the intersection of 8th Street and Hermosa Avenue, a crosswalk does not exist because there is not an ADA curb ramp on the western side of Hermosa Avenue and there is also a bus stop at this location. Thus the east/west path of travel for pedestrians is only on the southern side of the intersection. Page 9 of 13 - Emails Attachment Your concern is duly noted and we will be working towards adding signage that directs pedestrian traffic to the appropriate path of travel, similar to the signage that we have posted on the northern side of the intersection of Hermosa Avenue and 13th Street. I have included Lucho in this communication as he is more familiar with both projects and to also keep him apprised of your concerns. Kind regards, Marnell Gibson Public Works Director|City of Hermosa Beach _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. From: HBresident Sent: Thursday, January 02, 2020 To: Marnell Gibson Subject: Re: Sidewalk in last block North Side of 8th St questions? Thursday, January 2, 2020. Hello Public Works Director Gibson. Thank you again for your reply of Dec 9th and Happy New Year in your new position. You had indicated in your Dec-9 reply that you would get back to me in a few days re: the information I am interested in re: the NE corner of Bard St to the NW corner of Valley Dr and 8th St, but especially the NW corner sidewalk and retaining wall situation at 8th St and Valley Dr. I have not received such followup from you, unfortunately. I am very much aware that you are new in your position and still getting acclimated to the hornet's nest that your department had become after years of convoluted staffing, City Council personal and costly environmental agendas, dysfunctional direction from the City Manager's office, and general mismanagement from incompetent prior Public Works Directors, and Interim Directors, at least in my view and in the view of others. I was waiting for your response prior to bringing to your attention the other issue I mentioned that I'd be bringing to your attention, and that being the haphazard design specification handling by, I have to assume, Harris Engineers, of several (more Page 10 of 13 - Emails Attachment than 3) completely missing thermal-plastic marked crosswalks along the "Safe Route To School" on both sides of 8th Street, and the unconscionable situation of the significantly-missing crosswalk, across Hermosa Avenue, on the north side of 8th Street at 8th Street and Hermosa Avenue. After over 6 years of design and holdups on this project (primarily by multiple Councils, and City Managers) this 8th Street "Safe Route To School" and ADA sidewalks project is still not completed fully, and prior to my bringing this to the City Council's attention formally, I have been trying to get answers from your department since before your arrival. Lucho proved to be absolutely useless in providing information, but of course he was having to deal with the minions of City Manager Suja Lowenthal no doubt, and possibly City Councilmembers who should only be dealing with the City Manager except possibly in public meetings. Please at the minimum do not neglect to, first and foremost, be sure that you understand the unfinished situation fronting the city property at the corner of 8th and Valley Drive, and to let me know of the plans for the sidewalk and retaining wall upgrades at that corner. I fully understand that the Condo contractor at that location will be taking care of the sidewalk along the Bard and 8th Streets sides of his project. He may also be doing the corner portion, however I desire to see the plans for that corner, that the city should have detailed long ago. As I recall they had been originally drawn but perhaps only conceptually by Harris Engineers? My interest again remains to ensure that the narrow sidewalk is properly widened at the NW corner of 8th and Valley Dr and that the retaining wall is properly redone as originally planned, before that block's sidewalk was negotiated to be accomplished by the contractor. And with regard to that, was there a signed agreement regarding such with the contractor???? Please let me know. Note: The SW corner of 8th and Valley has been completed but is not as critical a corner with respect to the school children's use as is the NW corner, nor did it have the retaining wall situation. Sincerely, Howard Longacre. Resident. _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. On 12/9/2019, Marnell Gibson wrote: Page 11 of 13 - Emails Attachment Good morning, Mr. Longacre – Please give me a few days to research your inquiry and I will get back to you. Thank you for sharing your concerns. Kind regards, Marnell Gibson Public Works Director|City of Hermosa Beach _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. From: HBresident Sent: Saturday, December 07, 2019 11:19 PM To: Marnell Gibson Subject: Sidewalk in last block North Side of 8th St questions? Saturday, December 7, 2019. Hello Public Works Director Marnell Gibson: Welcome to the City. I will be contacting you from time to time, and hopefully to eventually meet with you in person. I myself am a retired Computer Scientist, however with a degree in Civil Engineering, structural analysis. Nonetheless after some 40 years of following Hermosa Beach, and dealing all these years with a long, long litany of HB Public Works Directors, I can state emphatically that since the appearance of Public Works Director Andrew Brozyna, followed by Interim director Lucho Rodriquez, and then Glen Kau (who exited abruptly), and then again interim director Lucho Rodriquez, in addition to a revolving door of City Managers and Interim City Managers during that same period, it is my view that not much has really been accomplished in this city, Public-Works-wise, and notwithstanding what the present City Council may claim. Please do not believe their hype. The City Councils of recent years have been the real problem. You are taking over a department which has been run into the ground in my view as a result of these more than arrogant 'Save the Planet' City Councils who have been unwilling to pay to properly staff your department with experienced engineers. Just my views of course, but in fact the views of many I have learned. Presently, as you probably have learned, the City Council appears to be letting the City's Police Department just atrophy away to then be Page 12 of 13 - Emails Attachment required to contract with the Sheriffs. It's unconscionable. Now, below is a copy of an email that I sent to HB Engineer Reed Salan back in September. I never received a response, so I've been waiting for the arrival of the new PW Director, i.e. you to get a response. I'm not sure why Reed would not have gotten back to me, at least indicating the current situation with the design, if not yet available. I doubt it was him personally at issue. But I really don't know. I always end up with my questions being submitted for the Council's agenda when I don't receive a response. Btw, that's precisely how after decades of dangerous 8th Street sidewalks neglect, that the 8th Street Project, presently near completion, came about over 6 years ago, i.e., thanks to two councilmembers in particular, Nanette Barragan, and Carolyn Petty, along with Peter Tucker getting the ball rolling during a budget meeting. Not receiving answers from staff never used to be the case prior to recent years, especially during the last 18 months. I blame this especially on the present City Council/City Manager operation, especially during the last 24 months. Thus would you please ensure that I get a response to my questions below as originally sent to Reed, whatever that may be initially, as I and others are interested to ensure that the sidewalk at the North-West corner of 8th Street and Valley Drive is properly resized and with a retaining wall, given that there is a wide swath of city land available there. I don't want to receive the plans after they have already been put out to bid or set into concrete by the contractor. That's when it is too late to correct things. Further I believe the plans for that block should ultimately go before the Public Works Commission, i.e. including the portion in front of the Condo project on that block. Thank you for expediting a response to me, one that I am sure the City Council and the PW Commission will also be interested to know the details of. This is an important unfinished piece of the 8th Street project which I have yet to see the details of. I will be following up this email with another email regarding several serious deficiencies in the 8th Street Sidewalks Project which the last available CIP report indicated was in the "Closing Out" stage. There are several deficiencies affecting the safety of children to be walking to school on these "Safe Route To School" sidewalks, and which absolutely need to be cured. Harris Engineers evidently neglected such in their specifications and the City evidently itself did not note such neglected items, or if it did, apparently just looked the other way. Also unconscionable, given the minimal cost. Such appears to be just plain sloppy design specifications detail. I will follow-up soon with such Page 13 of 13 - Emails Attachment email to you re: same. Sincerely, Howard Longacre. Resident. Attachment: __ NO REPLY WAS RECEIVED TO MY FOLLOWING EMAIL AS MENTIONED __ On 9/6/2019, HBresident wrote: Hi Reed, I was again reviewing the detailed 8th-St Sidewalks PDF Bid Plans and do not see the portion from the NE corner of Bard St to the NW corner of Valley Dr and 8th St. I do understand that the builder of the 3-unit condo is to be doing the section of sidewalks in front of his property. Is the condo-builder also to be doing the section at the NW corner of Valley Drive and 8th Street? That corner is all City land and includes a retaining wall which 4 to 5 years ago I recall was supposedly to be redone such that the sidewalk on the corner could be widened. That is a dangerous corner sidewalk for pedestrians young or old due to many unthinking drivers stopping, starting, turning, in a general rush to get wherever. Did Harris accomplish the design for that North side block from Bard St to Valley Dr, and if so could you email me the PDF plans that the condo developer is to be building to. Otherwise who is doing the design, especially of the significant City land from the condo properties East boundary to Valley Dr? That was as I recall in the Harris original design. Thanks. Howard L. _______________________________________________________________ Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 1 of 7 Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 January 26, 2020 To: Hermosa Beach City Council (Mary Campbell-Collins, Hany Fangary, Justin Massey, Michael Detoy, Stacey Armato), City Manager Suja Lowenthal, Public Works Director Marnell Gibson, Hermosa Beach School Board, and Contract City Attorney Michael Jenkins. From: Howard Longacre, Hermosa Beach Resident Re: Major SNAFU as someone(s) in the Public Works Department and/or a prior City Manager decided on their own, or were pressured into believing that a proper East-West crosswalk was unneeded for the North side of the 8th Street sidewalk path connecting East-West across Hermosa Avenue, and with the excuse being the presence of a Southbound bus stop, and which is itself improperly designed. Att: Prior emails providing information and requesting information from the Public Works Department with regard to the 8th Street Sidewalks project. Ref: Following is a direct link to the 1/28/2020 City Council Agenda’s Item 2-f staff-report- attachment giving the monthly “Capital Improvement Project (CIP) Status Report” dated January, 2020, as for the “Fiscal Year 2019-20 CAPITAL IMPROVEMENT PROGRAM”. (note specifically the 8th Street project line item) https://hermosabeach.legistar.com/View.ashx?M=F&ID=8029811&GUID=1FD345D2- 4031-4566-BCFB-0BEE1F7E88A6 Councilmembers, and others: The comments as made herein by me are given freely and they are entirely my views and opinions on all that I've stated. This Supplemental #2 deals specifically with 8th Street’s missing North-side crosswalk and ADA-ramp crossing Hermosa Avenue. A separate Supplemental #1 deals specifically with the as yet uninstalled crosswalk markings for interesetions from ‘Bard Street & 8th St’ through to ‘Bayview Dr & 8th St’. Please review carefully as these two supplemental communications are to also, for the record, establish further that the city has received PRESUMPTIVE NOTICE of the situations discussed within. An absolutely absurd and quiet design decision was evidently made with respect to the 8th ‘Street Safe Routes to School’ (SR2S) and ‘Americans with Disabilities Act’ (ADA) sidewalks project, probably as a result of the convoluted management by multiple City Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 2 of 7 Managers, Public Works Directors, and assigned engineers during the last 6-years with respect to this 8th Street CIP sidewalks project. Note: The City now has its 3rd Public Works Director and 3rd City Manager during this period and also there have been two stints with engineer Lucho Rodriguez being given authority to make decisions as acting Director of the PW department, and two stints of Interim City Managers, both for months-long periods during this timeframe. As a result, the most important crosswalk of the 8th street sidewalks project, a project intended to ensure safe walkability for all pedestrians (men, women, school- age children), was uncerimoniously and quietly (perhaps secretly) left out and is now being stone-walled and made excuses for this unconscionable SNAFU’s occurrence. THE COUNCIL NEEDS TO TAKE CONTROL AND GIVE DIRECTION TO CORRECT THIS PROPERLY! It won’t happen otherwise. The 8th Street sidewalks project, during its long 6-years of repeatedly being de facto back- burnered, especially by City Managers Tom Bakaly, and then Sergio Garcia, due more- than-likely to recent Councils’ never-ending additions of ad hoc carbon-neutrality and green-agenda items distracting important CIP efforts from accomplishment, along with i.e., such projects as the incredibly-costly and wasteful use of tax money for cosmetic redoing of crosswalks in the Pier Plaza area. As such the Public Works Department has been kept in a state of constant upheaval and flux by the ever-changing ad hoc stuff coming from the City Council and the City Manager’s costly servers of environmental stuff. As a result, the 8th Street sidewalks project had been repeatedly given short shrift and allowed mere remnants of focus. It’s really been outrageous, and it is amazing the project actually, finally was accomplished, thanks especially to a competent contractor, and perhaps a handful of nuisance-residents constantly reminding / badgering recent Councils of the project’s incredibly slow six-year pace. Nonetheless, many property owners along 8th Street were forced to give up what in effect the City had actually allowed them to acquire through decades of the City looking the other way, and perhaps with a lawsuit on their part, may well have resulted in their being determined to have acquired vested rights to perpetual use of the city property along 8th Street. Meanwhile the City apparently itself gave up zero of its own encroachment into there being a safe-route-to-school and ADA usable path on both sides of 8th Street, all the way to the West side of Hermosa Avenue. As such, the Public Works and City Manager leadership, both, perhaps were aware of the improperly designed Southbound Hermosa Avenue bus stop at 8th Street and instantly came to the conclusion, “Oh Hell, that’s too much work to even think about correcting that! Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 3 of 7 Leave out the crosswalk there!” Such would be the kind of crappy engineering decision- making that results when non-engineers make ad hoc decisions without proper consultation and supplied information of the stakeholders and City Council. The MISSING CROSSWALK and improperly designed Southbound Bus Stop at 8th Street is one that’s, nonetheless, easily corrected to permit a proper East-West crosswalk for the North side of 8th Street crossing Hermosa Avenue. On the West side of Hermosa Avenue at 8th Street there’s presently a bus stop for southbound buses. The bus stop is incorrectly designed and has been for years. Fortunately no one has as yet been killed or injured by a Bus stopping there. This bus stop has been allowed to exist due to the three parking spaces located just Northward on the West side of Hermosa Avenue that may well need to be removed to correctly provide a safe bus stop while also allowing the decades-long missing East-West crosswalk across Hermosa Avenue at the South End of the downtown business district’s 800 block of businesses to be installed. New Public Works Director Marnell Gibson upon my bringing this to her attention, evidently immediately went to engineer (former acting PW director) Lucho Rodriquez so as get information to reply to me. In my view he’s already significantly responsible for this SNAFU in his prior looking the other way at this situation. His solution now, if you would call it a solution, is evidently to put up signage for people to first cross 8th Street and then use the crosswalk on the South side of 8th Street. (See Director Gibson’s reply email to me attached.) I’ve made it clear to Director Gibson that this is not a solution engineering- wise. All that will do is make pedestrians, who have the right to cross at that corner, into “jay-walkers”. Now, of course, it goes without saying that prior Hermosa Beach engineers and politicians dating back to the late 1950s have already made Hermosa Avenue itself into a 1.8 mile long roadway that ensures pedestrians, year-after-year have to jay-walk on Hermosa Avenue just to reach their cars which are insanely parked along the suicide-median’s parking that runs the length of the City on Hermosa Avenue. It’s absolutely amazing that so few have evidently been injured getting into or out of their cars parked along the Hermosa Beach median, especially given the number who enter and leave cars inebriated. I.e., when I was building a home on Hermosa Avenue in the early 1990s, I was picking up cocktail glasses, beer bottles, and liquor bottles from that median weekly. Today the Hermosa Avenue median provides one of the biggest ticket-writing scams that the City operates, given that the two sides of the Hermosa Avenue median provide street- sweeping tickets on two different days to confuse the hell out of parkers. For example, if one parks their car along the center-median on the side for street sweeping day, but happens to look at the sign being right next to their car, but which faces the other direction and assumes it’s ok to park, they of course will be wrong and will get a ticket. Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 4 of 7 Again, while building a home on Hermosa Avenue in the early 1990s, I cannot tell you how many people I saved from getting a street-sweeping parking ticket basis this City scam after they had fed their parking-meter a bunch of quarters, but having looked the wrong way and read the wrong Street-Sweeping day. That’s been an outrageous HERMOSA BEACH SCAM for FAR TOO LONG. The median should be swept on both sides on one day, and the sidewalk lanes should be swept on the other day. During street sweeping times there is ample parking. Further, the time period for street-sweeping should be for two hours ONLY, not for four hours to thusly generate more tickets. The city though, knowingly, has no concern for ripping off its own residents, business customers, and visitors as such; A clear sign of dishonorable City leadership when such deception knowingly is permitted to continue year after year, decade after decade. Nonetheless 8th Street at Hermosa Avenue is a major intersection, the only intersection other than Pier Avenue that has pedestrian sidewalks on both sides running all the way to Pacific Coast Highway. This is an all way stop-sign protected intersection. Crosswalks are correctly installed all ways in such a situation. There is not a signal system to protect pedestrians. You should never force a pedestrian to cross an additional street to use a crosswalk in such a situation. Note 14th and Hermosa Avenue, or 16th and Hermosa Avenue. Neither even major intersections. The crosswalk for 8th Street’s North side Safe Route To School and ADA ramp on the West side of Hermosa Avenue are long MISSING. The bus stop for dangerous 40-foot long MTA busses needs to be properly designed, and unfortunately that will result unfortunately in the three parking spaces on the West Side of Hermosa Avenue just to the North of the present bus stop needing removal which presently are already a hazard to proper bus landing at that bus stop. Why this issue was never mentioned to Council, or to the Public Works Commission leads one to wonder why. Clearly, removing parking spaces is controversial, however not providing the needed crosswalk is unconscionable, and far more egregious, and further, having this present dangerous bus stop is even worse. Bus stops all over Los Angeles County are in-and-of-themselves dangerous locations to begin with, and they don’t need to be knowingly allowed to be more dangerous. Please be aware that the Northbound bus stop at 8th Street, catty-corner to the present improperly designed Southbound bus top at 8th Street, seems to work well with its new upgraded crosswalk. When I was studying engineering a long time ago, the one thing that was emphasized was that engineers should never take shortcuts to complete a design by some schedule or dollar amount when it comes to anything having to do with safety. Clearly there have been shortcuts taken and which are still being proposed at this late date to not finish the 8th Street sidewalks project correctly. WHY? To save a nickel? To then have pedestrians, school-children, ADA individuals penalized indefinitely into the future? To save three parking spaces? Or why? Hopefully not simply because of sheer bureaucratic laziness or City Council inaction. Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 5 of 7 I urge every Council member, The City Manager, The Public Works Director, all the School Board Members, and others to do the following. Walk to, or drive and park by the Clark Building ,just North of 8th Street on Valley Drive at the Greenbelt (usually free 12-hour parking there), and then take a walk to the beach along the North side of 8th Street, (the side closest to City Hall). While doing so, first note the North-West defective-still-unwidened corner walkway at 8th and Valley Drive, but then after passing to the West past the unfinished condominium project, note just how well the new sidewalks have been designed and constructed along 8th Street from Bard Street to the East side of Hermosa Avenue. While walking to the beach do also note the still-missing YELLOW cross walks at the many intersections (easy to correct), that school-children need for added safety. Then when you arrive at Hermosa Avenue along the north side sidewalk, look Westward across Hermosa Avenue at the missing crosswalk. Note the easily northward movable bus bench and trash barrel but also the still present dangerous condition presented for the pedestrians who forever into the future (not to mention as in the past) will not be able to properly cross at this location that absolutely should be the place to cross, as well as at the installed crosswalk on the South side of 8th Street. There is no signal system. It’s an all- way stop-sign controlled intersection and thus all-way crosswalks are appropriate. City Council do give direction to the City Manager to have this missing crosswalk SNAFU corrected as soon as possible for the benefit of all the thousands upon thousands of pedestrians, including school-children to be using this North side ‘Safe Route to School’, or just to be crossing to go to the beach for all the decades to come into the future. Also you would best not require, via patch-work signage, the many pedestrians always racing to catch i.e., the South-Bound bus not to have a proper crosswalk. And kindly end such situations as those apparently now that are existing whereby Hermosa engineers feel intimidated by department directors or others from speaking out regarding designs being pushed by their higher-ups. I personally have heard from multiple engineers regarding Councilmembers, PW Directors, Interim Directors, City Managers, and others not properly hearing their engineering concerns during my years in city. Also that Harris Engineers may have tolerated, due to perhaps Hermosa’s own Public Works Department leadership or City Management to preserve three parking spaces, not being able to create a safer or better design for 8th Street, would also be unconscionable. Again, homeowners and residents lost a multitude of parking spaces and encroachments along 8th Street (that some attorneys other than Hermosa’s City Attorney might indicate a court would have ruled they had acquired vested rights to) while the city didn’t give up a single parking space to properly complete the ‘Safe Route to School and ADA’ crosswalk on the more-utilized North side of 8th Street. Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 6 of 7 This Hermosa Avenue crosswalk issue will remain a festering stain on this 8th Street sidewalks project if we are to believe that Director Gibson is to be directing engineer Lucho Rodriquez to make such decisions to put up a patchwork of signs now without full consultation with the City Council. Additionally regarding the unfinished sidewalks on the North side of 8th Street from Bard St to Valley Drive: As noted in the attached emails, I have been requesting for four months now to view the design for the widened sidewalk and reworked retaining-wall fronting the South side and 8th St and Valley Dr NW corner at the 35-foot wide City property (that’s East of the unfinished condominium project at Bard and 8th Street). I believe the City failed to have the developer sign a written agreement to build that sidewalk and retaining wall section that the City Council was informed was to be handled by the condominium developer. I would suggest that the developer has absolutely no legal obligation to construct that section of walkway unless there was an agreement, or such was stipulated in his approved drawings. I have received zero reply re: this from the Public Works Department after repeated written requests. Kindly City Manager, please verify that I and the City Council receive a response regarding my interest in viewing the sidewalk and retaining wall plans for the city fronting corner location. A widened walkway and new ADA-ramp has not been accomplished at the NW corner of 8th and Valley Drive. Again 35 feet of City Property lies directly to the east of the condominium project. See the following two images as from the assessor’s parcel and from Google aerial views for the subject corner. Supplemental #2 to Consent Item 2-F, Hermosa City Council Regular Meeting 1/28/2020 Page 7 of 7 Returning to discussion of the Hermosa Avenue MISSING Crosswalk. In conclusion: 8th Street’s North-side YELLOW crosswalk in the East-West direction across Hermosa Avenue needs to be installed, along with an ADA-ramp on the West side of Hermosa Avenue, and additionally the present improperly- designed Southbound MTA bus stop needs to be shifted Northward. This is relatively easy to accomplish and should receive the highest priority. Prior emails to the Hermosa Beach Public Works Department follow as an attachment. Page 1 of 13 - Emails Attachment ATTACHMENT: EMAIL COMMUNICATIONS IN REVERSE ORDER. LAST ONE FIRST. I have received no response from Director Marnell Gibson to the following reply I made to almost 3 weeks ago. _______________________________________________________________ Subject: Re: Sidewalk in last block North Side of 8th St questions? Date: Wed, 8 Jan 2020 From: HBresident To: Public Works Director Marnell CC: Lucho Rodriguez Hello Public Works Director Marnell Gibson (cc Lucho per your indication). Thank you for your reply Marnell. Marnell, please carefully review my reply following here to your reply as if there is to be no cure of any of what I view as Harris Engineers design and specification defects, as evidently concurred with by the HB Public Works Department of the past during this 8th Street project's long workup, then I will certainly need to pursue this matter further. Also in my reply below I am further detailing the 11 missing crosswalk markings I alluded to previously. Unfortunately in your reply you have provided absolutely no indication of anything that I was not already fully aware of, and which I had stated in my prior communications to you. The 8th Street ADA and Safe Route To School (SR2S) sidewalks project was finally constructed after 6 years of delays and more than 40 years of prior neglect to that, however, important details, while easily accomplished even at this late date, are still very much unfinished in the project and are evidently being neglected or perhaps even being stonewalled. This is, and will continue to be unacceptable and a stain on the project. The project is still not a fully SR2S pathway due to the absence of yellow marked crosswalks at the following locations, all in the East-West direction. It appears that all that Harris Engineers did was designate crosswalks at locations already having crosswalks on their plans, and not at all the locations necessary considering that these were now to be SR2S sidewalk paths as Page 2 of 13 - Emails Attachment well. I don't know who if anyone gave Harris Engineers such direction if such was the case over all the various engineers this project got passed along to during the six years. Notwithstanding, Harris Engineers should have provided a first class design for these SR2S pathways. Up here on Prospect Avenue, yellow crosswalks are on EVERY SR2S pathway intersection no matter how insignificant. The following thermal-plastic marked yellow crosswalks are still missing, and their absence (perhaps to save token dollars) adds danger to the grammar-school-age, K-8 children using these SR2S pathways. (N-S Stop Signs only intersection) (corrected) Palm Dr. (2 sides parallel to 8th St.) Bayview Dr. (2 sides parallel to 8th St.) Sunset Dr. (2 sides parallel to 8th St.) Bard St. (1 side parallel to 8th St.) (All Way Stop Signs intersection) (corrected) Loma Dr. (4 sides Loma Dr & 8th St.) Cypress Ave.(4 sides Cypress & 8th St.) ... and of course the most egregious missing cross-walk, that being Hermosa Avenue (8th-St north side- in East-West direction across Hermosa Avenue). This is so outrageous one wonders what was in the mind of the engineers at Harris Engineers to not insist that it be accomplished correctly? This intersection is far more significant than the downtown's north-end "book-end" Hermosa Avenue intersections at 14th and 16th Streets which have the bus stops properly adjusted for correct cross-walks too. See the following Google image. Page 3 of 13 - Emails Attachment Neither of the downtown's North-ending intersections involve a major East-West arterial either, i.e. such as is 8th Street, that has walkers coming all the way across the entire city from Prospect Avenue above PCH, across PCH, to the beach, then only to be confronted now at Hermosa Avenue with no crosswalk, when using the most-used north-side of 8th Street. Now at Hermosa Avenue, one then has a requirement to have to cross the busy arterial 8th Street prior to crossing Hermosa Avenue then on the South side. Such bureaucratic nonsense is the kind of lunacy that's plagued Hermosa Beach for too long. After doing this project and ignoring this missed detail, and now claiming "oh there's a bus stop there", well that's "hogwash", and I would hope as the new Public Works Director, you Marnell will take command and get that department going in the right direction and end the hogwash and half-assed approaches this city has used so often. Page 4 of 13 - Emails Attachment Note: I walk 8th Street to the beach often and have for some 40 years as an adult, and I have seen cars come shooting out of all of the above listed streets, and thus young children crossing at those unmarked East-West crossings (having no yellow crosswalks) are at significant additional unnecessary risk and will be into the endless future until such crosswalks are accomplished. The presence of proper SR2S crosswalk markings at all street crossings on these SR2S pathways are a given. As such this communication is also to give you as PW Director, and the City, formal notice that the aforementioned crosswalks were missed in this project design to perhaps save some token dollars and, in my view, perhaps also by some sloppy engineering by Harris Engineers. One child injured, as such, could be extremely costly to perhaps Harris Engineers as well as the City for such knowing neglect of ensuring that 8th Street is a fully marked Safe Route To School SR2S pathway. Just picking and choosing where to place a crosswalk on the East-West pathway is unconscionable; and that seems to be what has occurred. These marked crosswalks were left off the detailed working drawings by Harris Engineers who should have known better and been fully aware that this was a designated SR2S on two-sides from Valley Drive to the West side of Hermosa Avenue. How outrageous to have a walkway go from PCH to the Beach and be stopped at Hermosa Avenue where there's no crosswalk. Who can defend such, especially as a professional state licensed engineer. If it's all about some token dollars. Say that. Don't say some ridiculous nonsense that there's a bus stop there. The bus stop needs to be adjusted to the North slightly, as at all other intersections North or South having a bus stop are. You don't subject pedestrians to additional risks over token dollar issues. An engineer is to design something properly! Not take lazy shortcuts. 8th Street's sidewalks were to be brought up to full current ADA standards and as a Safe Route To School pathway (both sides) and were again evidently neglected by Harris Engineers possibly with concurrence of the Hermosa PW department during the incompetence and dysfunctional (in my view) mismanagement by the PW Directors during this project's long design/delay workup. I note i.e. Director Glen Kau left as director after only nine months without evidently even one day's notice. I regret that I myself did not catch these cross-walk absences from the drawings, as an uncompensated resident. As a result we Page 5 of 13 - Emails Attachment have another project that's been possibly "completed" in what could be called a "half-assed" manner, if it is completed? Is it completed in the view of the PW Department? Now additionally re: the presence of a bus stop on the west side of Hermosa Avenue, there is also a bus stop on the East side. Marnell you perhaps do not know the history of why there previously has not been two cross walks at this important 8th Street and Hermosa Avenue intersection. This is an all way Stop Sign controlled intersection justifying all-way crosswalks. NO SIGNAL SYSTEM. Prior to the project, the north side of 8th Street had no viable sidewalk leading to that now-missing crosswalk. Now it does have a sidewalk, and it starts at PCH and goes all the way down there, uninterrupted, along the 8th Street cross-town arterial. Are you stating or implying that this is FINAL and that this is not going to be finished properly with this important crosswalk? You are now the director of the department. It's a simple matter to adjust the South-bound bus stop (on the West Hermosa Avenue side) to mirror the North-bound bus stop on Hermosa Avenue's East Side where the East-West crosswalk exists on the South side of 8th Street, notwithstanding there may be an adjustment in the parking spaces nearby req'd on that West side. THE MOST IMPORTANT THING IS TO HAVE A SAFE CROSSWALK AT THIS LOCATION, AND NOT TO FIND SOME BUREAUCRATIC EXCUSE to cover up this outrageous SNAFU by Harris Engineers and put up signage indicating not to even cross there now. The policy is to go the extra mile for the pedestrian, not to screw the pedestrian to get a fast-track bureaucratic fix. What engineer buys into such nonsense? Adding the ADA ramp is a given and should have been in the design of course. That's no big deal. The ADA ramp was redone on the South Side East-West crosswalk as that ramp was out of conformance. View an older Google Street Maps view. If it's a matter of the small cost, then how is it that Lucho (while Interim Director) had brought to the City Council some months ago a ludicrous suggestion to spend $200-Thousand on an add-on, no-bid contract to grind and repave the entire 8th Street pavement for little more than cosmetic purposes. (See my letter on the agenda of that meeting when that was raised and then voted down by the City Council.) I suspect that Lucho had been put under undue pressure indirectly by a member of the City Council via the City Manager to accomplish that. Any documentation regarding as to why Lucho proposed that would best be sent to me. Fortunately such waste was not accomplished, given so many Page 6 of 13 - Emails Attachment other streets much more needing of paving and especially given there needs to be these 11 short cross-walks accomplished, and the Hermosa Avenue crosswalk and ADA ramp previously mentioned. Marnell, what you are now indicating is that perhaps Lucho has indicated he is going to put up signage indicating DO NOT CROSS HERMOSA AVENUE on the 8th Street North-side, East-West leg. Thus handicapped people and school children using the North side of 8th Street will arrive at Hermosa Avenue and now be required to cross the additional busy cross-town arterial (8th Street) before then being able to cross busy Hermosa Avenue to the West. Also people using the businesses in the downtown at that location will also now have to go further South, cross busy (8th Street) prior to being able to cross Hermosa Avenue. With all due respect, this is a bureaucratic response to fixing the situation that Harris Engineers clearly messed up, with instead a cheap and dangerous signage fix and now pedestrians will have to be subjected to additional unnecessary risk indefinitely into the future. THAT'S UNACCEPTABLE AND YOU CERTAINLY SHOULD AGREE TOO. When I went through engineering school, this is not the way I was taught to correct a mistake. Of course that was 60 years ago and things have evidently changed for the quick and dirty result approach used now, it certainly does appear. Now with respect to the condo project, I know all that went before the Planning Commission on that, and all that was done. The specifications for the sidewalks and the city property to the East of the Condo Project was not in any manner specified by the Planning Commission other than the location of their permitted driveway entrance. The developer has to meet the specifications of the Public Works department with respect to the improvements on the Public right- of-way, not the Community Development Department. My question is clear, was there an agreement signed by the developer to build the new retaining wall and widen the sidewalk at the the NW corner of 8th and Valley to match the sidewalk as built at the SW corner of 8th and Valley Drive on the city's extensive property there? I have been requesting now for months to view the city plans that the condo-developer is to build the retaining wall to at that corner. Following is the drawing showing that corner as from the Harris Engineers plans. Unfortunately there is no design by Harris Engineers of what the Condo-Developer is to build on the City Property on the East end of their property. Harris Engineers should have detailed that design! Page 7 of 13 - Emails Attachment The city evidently took Harris Engineers off the hook on that! Note during the walk-through (along 8th Street) before Lucho and Reed got involved in the project, it was stated that there was to be a new retaining wall such that the walk would match the design of the walk on the SW corner. What the drawing below shows is what was there before for the North Side of 8th Street. THUS WHO IS PROVIDING THE DESIGN THAT THE CONDO-DEVELOPER IS TO BUILD TO ON THE EAST END OF THEIR PROPERTY? How many times do I need to ask this question? And why is that design not being provided by Harris Engineers as part of their total design, notwithstanding the cost for the construction is being assumed by the condo-developer. Who is doing the design of the retaining wall and wider sidewalk and ADA ramp upgrades on the extensive City Property to the East of the condo-development property? When can I view the plans? Additionally I'd like to bring to your attention Marnell, that during the commencement of construction of the 8th Street ADA and SR2S sidewalks project, it came to my attention that inspection of the construction was also being handled by Harris Engineers, rather than a neutral professional engineering inspection organization. This is an ethical conflict of interest in my view and in the view of other cities and entities as I understand it, and presents a situation of the "fox guarding the chickens" during the construction of a project that entails a result effecting the safety of the men, women, and children of this city. For any City professional state-licensed engineer, to tolerate such an Page 8 of 13 - Emails Attachment arrangement to accomplish something in a quick and dirty manner, in my view is unconscionable without making it very clear to the Public, the City Manager, and the City Council that such was the case, and with supporting evidence as to why such was considered OK. Recently I noted a contract was signed to additionally have Harris Engineers on call to both do design and inspections. It's a conflict when they are inspecting construction work of their own designs, as such is simply more than improper. Please do not hesitate to call me any afternoon, or to have Lucho call me. Again I need clear answers, not pass the buck answers. I believe the City Council will want clear answers ultimately. Please do not let these small unfinished 8th Street details fester. One injury will more than eat any savings. Also if you are receiving any push-back from anyone on any of this please feel free to let me know the details. The sooner the 8th Street sidewalks project is fully and properly completed, the better for all. Sincerely, Howard Longacre, Resident. _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. On 1/7/2020, Marnell Gibson wrote: Hello, Mr. Longacre – My apologies for the delayed response. As I understand it, the 8th Street project did not cover the NW corner of the sidewalk. The development project, however, did trigger offsite improvements. The project went through the Planning Commission and the review process to implement standard improvements and is currently under construction. Should you wish to obtain copies of the permitted project, you can submit a public records request by submitting a form through the City’s website at the following link: https://www.hermosabeach.gov/our-government/city-clerk/public- records-request Regarding your second concern for the east-west leg of the northern side of the intersection of 8th Street and Hermosa Avenue, a crosswalk does not exist because there is not an ADA curb ramp on the western side of Hermosa Avenue and there is also a bus stop at this location. Thus the east/west path of travel for pedestrians is only on the southern side of the intersection. Page 9 of 13 - Emails Attachment Your concern is duly noted and we will be working towards adding signage that directs pedestrian traffic to the appropriate path of travel, similar to the signage that we have posted on the northern side of the intersection of Hermosa Avenue and 13th Street. I have included Lucho in this communication as he is more familiar with both projects and to also keep him apprised of your concerns. Kind regards, Marnell Gibson Public Works Director|City of Hermosa Beach _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. From: HBresident Sent: Thursday, January 02, 2020 To: Marnell Gibson Subject: Re: Sidewalk in last block North Side of 8th St questions? Thursday, January 2, 2020. Hello Public Works Director Gibson. Thank you again for your reply of Dec 9th and Happy New Year in your new position. You had indicated in your Dec-9 reply that you would get back to me in a few days re: the information I am interested in re: the NE corner of Bard St to the NW corner of Valley Dr and 8th St, but especially the NW corner sidewalk and retaining wall situation at 8th St and Valley Dr. I have not received such followup from you, unfortunately. I am very much aware that you are new in your position and still getting acclimated to the hornet's nest that your department had become after years of convoluted staffing, City Council personal and costly environmental agendas, dysfunctional direction from the City Manager's office, and general mismanagement from incompetent prior Public Works Directors, and Interim Directors, at least in my view and in the view of others. I was waiting for your response prior to bringing to your attention the other issue I mentioned that I'd be bringing to your attention, and that being the haphazard design specification handling by, I have to assume, Harris Engineers, of several (more Page 10 of 13 - Emails Attachment than 3) completely missing thermal-plastic marked crosswalks along the "Safe Route To School" on both sides of 8th Street, and the unconscionable situation of the significantly-missing crosswalk, across Hermosa Avenue, on the north side of 8th Street at 8th Street and Hermosa Avenue. After over 6 years of design and holdups on this project (primarily by multiple Councils, and City Managers) this 8th Street "Safe Route To School" and ADA sidewalks project is still not completed fully, and prior to my bringing this to the City Council's attention formally, I have been trying to get answers from your department since before your arrival. Lucho proved to be absolutely useless in providing information, but of course he was having to deal with the minions of City Manager Suja Lowenthal no doubt, and possibly City Councilmembers who should only be dealing with the City Manager except possibly in public meetings. Please at the minimum do not neglect to, first and foremost, be sure that you understand the unfinished situation fronting the city property at the corner of 8th and Valley Drive, and to let me know of the plans for the sidewalk and retaining wall upgrades at that corner. I fully understand that the Condo contractor at that location will be taking care of the sidewalk along the Bard and 8th Streets sides of his project. He may also be doing the corner portion, however I desire to see the plans for that corner, that the city should have detailed long ago. As I recall they had been originally drawn but perhaps only conceptually by Harris Engineers? My interest again remains to ensure that the narrow sidewalk is properly widened at the NW corner of 8th and Valley Dr and that the retaining wall is properly redone as originally planned, before that block's sidewalk was negotiated to be accomplished by the contractor. And with regard to that, was there a signed agreement regarding such with the contractor???? Please let me know. Note: The SW corner of 8th and Valley has been completed but is not as critical a corner with respect to the school children's use as is the NW corner, nor did it have the retaining wall situation. Sincerely, Howard Longacre. Resident. _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. On 12/9/2019, Marnell Gibson wrote: Page 11 of 13 - Emails Attachment Good morning, Mr. Longacre – Please give me a few days to research your inquiry and I will get back to you. Thank you for sharing your concerns. Kind regards, Marnell Gibson Public Works Director|City of Hermosa Beach _______________________________________________________________ PREVIOUS TO THE ABOVE EMAIL WAS THE FOLLOWING. From: HBresident Sent: Saturday, December 07, 2019 11:19 PM To: Marnell Gibson Subject: Sidewalk in last block North Side of 8th St questions? Saturday, December 7, 2019. Hello Public Works Director Marnell Gibson: Welcome to the City. I will be contacting you from time to time, and hopefully to eventually meet with you in person. I myself am a retired Computer Scientist, however with a degree in Civil Engineering, structural analysis. Nonetheless after some 40 years of following Hermosa Beach, and dealing all these years with a long, long litany of HB Public Works Directors, I can state emphatically that since the appearance of Public Works Director Andrew Brozyna, followed by Interim director Lucho Rodriquez, and then Glen Kau (who exited abruptly), and then again interim director Lucho Rodriquez, in addition to a revolving door of City Managers and Interim City Managers during that same period, it is my view that not much has really been accomplished in this city, Public-Works-wise, and notwithstanding what the present City Council may claim. Please do not believe their hype. The City Councils of recent years have been the real problem. You are taking over a department which has been run into the ground in my view as a result of these more than arrogant 'Save the Planet' City Councils who have been unwilling to pay to properly staff your department with experienced engineers. Just my views of course, but in fact the views of many I have learned. Presently, as you probably have learned, the City Council appears to be letting the City's Police Department just atrophy away to then be Page 12 of 13 - Emails Attachment required to contract with the Sheriffs. It's unconscionable. Now, below is a copy of an email that I sent to HB Engineer Reed Salan back in September. I never received a response, so I've been waiting for the arrival of the new PW Director, i.e. you to get a response. I'm not sure why Reed would not have gotten back to me, at least indicating the current situation with the design, if not yet available. I doubt it was him personally at issue. But I really don't know. I always end up with my questions being submitted for the Council's agenda when I don't receive a response. Btw, that's precisely how after decades of dangerous 8th Street sidewalks neglect, that the 8th Street Project, presently near completion, came about over 6 years ago, i.e., thanks to two councilmembers in particular, Nanette Barragan, and Carolyn Petty, along with Peter Tucker getting the ball rolling during a budget meeting. Not receiving answers from staff never used to be the case prior to recent years, especially during the last 18 months. I blame this especially on the present City Council/City Manager operation, especially during the last 24 months. Thus would you please ensure that I get a response to my questions below as originally sent to Reed, whatever that may be initially, as I and others are interested to ensure that the sidewalk at the North-West corner of 8th Street and Valley Drive is properly resized and with a retaining wall, given that there is a wide swath of city land available there. I don't want to receive the plans after they have already been put out to bid or set into concrete by the contractor. That's when it is too late to correct things. Further I believe the plans for that block should ultimately go before the Public Works Commission, i.e. including the portion in front of the Condo project on that block. Thank you for expediting a response to me, one that I am sure the City Council and the PW Commission will also be interested to know the details of. This is an important unfinished piece of the 8th Street project which I have yet to see the details of. I will be following up this email with another email regarding several serious deficiencies in the 8th Street Sidewalks Project which the last available CIP report indicated was in the "Closing Out" stage. There are several deficiencies affecting the safety of children to be walking to school on these "Safe Route To School" sidewalks, and which absolutely need to be cured. Harris Engineers evidently neglected such in their specifications and the City evidently itself did not note such neglected items, or if it did, apparently just looked the other way. Also unconscionable, given the minimal cost. Such appears to be just plain sloppy design specifications detail. I will follow-up soon with such Page 13 of 13 - Emails Attachment email to you re: same. Sincerely, Howard Longacre. Resident. Attachment: __ NO REPLY WAS RECEIVED TO MY FOLLOWING EMAIL AS MENTIONED __ On 9/6/2019, HBresident wrote: Hi Reed, I was again reviewing the detailed 8th-St Sidewalks PDF Bid Plans and do not see the portion from the NE corner of Bard St to the NW corner of Valley Dr and 8th St. I do understand that the builder of the 3-unit condo is to be doing the section of sidewalks in front of his property. Is the condo-builder also to be doing the section at the NW corner of Valley Drive and 8th Street? That corner is all City land and includes a retaining wall which 4 to 5 years ago I recall was supposedly to be redone such that the sidewalk on the corner could be widened. That is a dangerous corner sidewalk for pedestrians young or old due to many unthinking drivers stopping, starting, turning, in a general rush to get wherever. Did Harris accomplish the design for that North side block from Bard St to Valley Dr, and if so could you email me the PDF plans that the condo developer is to be building to. Otherwise who is doing the design, especially of the significant City land from the condo properties East boundary to Valley Dr? That was as I recall in the Harris original design. Thanks. Howard L. _______________________________________________________________ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0037 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 20, 2019 Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of November 20, 2019. Attachments: Minutes of November 20, 2019 Approved: Marnell Gibson, Public Works Director Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ ACTION MINUTES PUBLIC WORKS COMMISSION REGULAR MEETING OF WEDNESDAY, NOVEMBER 20, 2019 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. COMMISSIONERS Andrea Giancoli Kathy Dunbabin Janice Brittain Kent F. Brown David Grethen 1. Call to Order 7:00 p.m. 2. Pledge of Allegiance 3. Roll Call Present: Commissioner Giancoli, Commissioner Dunbabin, Chairperson Brittain, Commissioner Brown and Commissioner Grethen Staff present: Marnell Gibson, Public Works Director; Lucho Rodriguez, Deputy City Engineer; Andrew Nguyen, Assistant Engineer; Fabio Macias, Assistant Engineer 4. Introduction of new Public Works Director - Marnell Gibson 5. Approval of Action Minutes ACTION: Motion was made by Commissioner Grethen to approve the action minutes from September 18, 2019 as corrected. Seconded by Commissioner Dunbabin, approved and accepted as corrected. The motion passed. AYES: Brittain, Dunbabin, Grethen, Giancoli, Brown NOES: None ABSTAIN: None ABSENT: None 6. Public Comment on Non-Agenda Items Tom Hamilton followed up on status of volunteer’s ability to work in public places in Hermosa Beach green places. He expressed desire to volunteer to prune pine trees shading the Theodore Payne Garden located at Valley Park. 7. Correspondence – None, No Action 8. Presentations a. Update from Access Hermosa Working Group Representative Barbara Ellman on their review of the Draft ADA Transition Plan The Access Hermosa Working Group has reviewed a Draft ADA Transition Plan, which is being finalized. In partnership with joint commissions, ADA accessibility improvements have been installed on 8th Street and Pacific Coast Highway. Buildings have been inspected and ADA recommendations are being compiled. All existing and future projects will incorporate the State of California ADA Regulations. The overall goal of the Access Hermosa Working Group is to continue progress in ensuring Hermosa Beach is more accessible to 2 all people with any kind of disability; to be able to access any public building and open public places throughout the City of Hermosa Beach. 9. Items for Consideration a. Remove and Replace Trees Adjacent to 2402 Silverstrand Avenue Recommendation: It is recommended that the Public Works Commission consider: 1. A property owner’s request to remove trees on Silverstrand Avenue and Park Avenue adjacent to 2402 Silverstrand Avenue. It was motioned by Commissioner Brown to approve staff recommendation to remove and replace trees adjacent to 2402 Silverstrand Avenue. The following conditions must be taken into consideration: 1) To ensure the site maintains ADA compliance; 2) To ensure that parking is not impacted when opening car doors; 3) To ensure the site is compliant and maintains visibility, which includes proper landscaping within existing right-of-way; 4) Consider options of different tree configuration on either side of Silverstrand Avenue and Park Avenue and placement of appropriate number of trees; 5) Consideration of size of trees and whether or not the type of trees identified have any type of weeping or droppings that would not be conducive to parking. Seconded by Commissioner Grethen. The motion passed. AYES: Brittain, Giancoli, Brown, Grethen NOES: None ABSTAIN: Dunbabin ABSENT: None 10. Commissioners’ Reports Commissioner Grethen Reported that CIP-693 for the Community Theater Needs Assessment Study is moving forward. The City Council selected the contractor, and the project was awarded based on the RFP to proceed with the needs assessment study for the community theater. 11. Monthly Reports a. Monthly Activity Reports – August and September 2019 Activity Report August 2019. Accepted and approved. Activity Report September 2019. Accepted and approved. b. CIP Updates – Above items were presented for informational purposes only. CIP Status Sheet - November 2019 c. Verbal Capital Improvement Report by Duty City Engineer, Lucho Rodriguez CIP-160 PCH Traffic Improvements Accessibility improvements have been made on Aviation Blvd and PCH and on Pier Ave and PCH. Material delays have backlogged installation of pushbutton poles, street light poles, and traffic signal poles due to tariffs affecting manufacturing suppliers domestically and internationally. Caltrans and Hermosa Beach right-of-ways on PCH are being reviewed by traffic engineers to assess additional improvements to increase right-of-way visibility. The project is still in construction phase and progressing. 3 Eighth Street Project Project has been closed out and construction is completed. Project Manager, Reed Salan, commended for a job well done. CIP-186 Street Improvements – 24th Street Update Improvements on 24th Street will begin once the sewer project underway is completed. 24th Street was once a stand-alone project, but is part of a larger paving project. Once sewer work has been completed, street will be paved, curbs and gutters will be installed, to correct the problem of water flooding the street; which occurs after the rain. CIP-17-416 – Annual Sewer Improvements – Various Locations Project: CIP-17-416 Sewer Improvements Phase 2 construction began on November 4, 2019. Contractor is wrapping up majority of full replacement, point repairs, lining, and manhole cover replacements. Staff presented plans to City Council to replace existing sewer covers with new sewer covers that has the City seal on it. Eventually all sewer covers will be replaced going forward. Project is ahead of schedule. CIP-421 – Annual Sewer Improvements Project is in design phase and slated for construction in 2020. CIP-186 & CIP-190 Street Improvements – Various Locations These two projects for paving streets are in design phase. CIP-689 - Clark Building The design kickoff meeting is scheduled for December 2019. City Council granted permission to pursue architectural services. Commission collaboration is planned between Parks & Recreation and Public Works Commission. Volunteers to represent Public Works Commission are: Commissioners Kathy Dunbabin and Kent Brown. CIP-417 – Annual Storm Drain Improvements – Various Locations Project is in final engineering design phase; construction to be completed by the end of year 2020. CIP-419 – 16th Street Storm Drain Trash Capture Box (NEW) The original localized trash inserts with the possibility of installing a larger box was approved by the City Council in March 2019. The larger box ended up being too costly. Public Works to acquire the individual inserts which proved to be more economical and requires less maintenance. LA County – Review of Remediation Plan for Public Works Yard A meeting was held on November 20, 2019 with PW Department and County of Los Angeles and the Remediation Plan is still in the review process. The County of Los Angeles is experiencing delays in processes due to the backlog. Municipal Pier Structural Assessment and Repairs The Public Works Staff are revisiting the designs for the Municipal Pier project. Minor changes are being made. Coastal Commission permit approval pending completion of design changes. CIP-669 – City Park Restrooms and Renovation Sewer design is complete for ADA compliant restrooms at: Fort Lots-of-Fun, Seaview Parkette, South Park, and Clark Field. Designs are being checked and project should be advertised late December or early January 2020. CIP-101 – Hermosa Avenue Greenwich Village Street Alignment (Study) Pending approval of grant funds then Public Works Staff will proceed with study. Funding is also planned for 35th Street Bike Connectivity. Public Works Staff will be separating these projects, which will begin at different times. The grant funds are for preliminary design only. Public Works Staff will go to City Council soon for approval of On-Call Contract for Landscaping Architects. The services will provide landscaping improvements throughout the City. 4 SCAG Grant PW Staff has kicked off the project at Prospect Avenue, North of Aviation. Leeanne Singleton is spearheading the project. Pilot projects of different traffic safety measures have been discussed with the Traffic Consultant, who will be preparing the pilot projects. CIP-547 – Fort Lots-Of-Fun Park Improvements. Chairperson Brittain and Commissioner Saemann man have volunteered to be a part of the subcommittee. As soon as Public Works moves forward on project, subcommittee will be informed. Remarks by Public Works Director – Marnell Gibson The Public Works Department is open to any suggestions the Commission may have for improving it. We are open to whatever works for you, to get you the information you need. 12. Staff Verbal Updates a. Scouts Application and Guidelines and Volunteering Application and Guidelines. This item is presented for information purposes only. The Public Works Staff have completed two guidelines; one for the Scouts and another one for the general public. More people are expressing interest to volunteer to take on projects. As a result, to deter potential liability, insurance claims, and other legal issues, guidelines had to be developed to protect the interest of the City and general public. 13. Commissioner Items (Other Matters) Commissioner Grethen Proposed a request for a CIP Monthly Expenditure Report to become a part of the Public Works Commission package on a regular basis. Commissioner Brown also expressed interest in receiving the report. It was clarified by Chairperson Brittain that the decision to provide such report, has to be made by the Public Works Director and the City Council. Commissioner Giancoli Requested follow-up status on James Scott’s request about improving landscaping on the 2100 block of Hermosa Avenue. The City has completed the removal of shrubbery and dead trees on Hermosa Avenue. Landscaping has been replanted from 14th North toward Greenwich Village area. Public Works Department is processing RFP’s for a new landscape architect. Requests to be presented to City Council for approval. Progress is being made, but completion date is undetermined. 14. Commissioner’s Announcements a) On November 21, 2019, the Leadership Hermosa Beach Class of 2020 will be presenting projects for approval at 6:00 pm at the Kiwanis Club. b) Changing of the Guards Ceremony to swear in New Mayor on November 21, 2019 at 6:00 PM with a celebration following at the Historical Society. c) Holiday Stroll, November 23, 2019 at downtown Hermosa Beach. Come to stroll and shop Hermosa Beach. 15. Adjournment – Next meeting scheduled for January 15, 2020. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0046 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 AWARD OF PROFESSIONAL SERVICE AGREEMENT WITH TOOLE DESIGN GROUP LLC TO PROVIDE CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT (Public Works Director Marnell Gibson) Recommended Action: Staff recommends that the City Council: 1.Award a professional services agreement with Toole Design Group LLC in a not-to-exceed amount of $92,298 to prepare the Systemic Safety Analysis Report and Local Roadway Safety Plan Programs; and 2.Authorize the Mayor to execute and the City Clerk to attest the attached agreement,subject to approval by the City Attorney. Executive Summary: Staff received a grant from Caltrans on September 06,2016 for the preparation of a study that identifies traffic related improvements that can be implemented on sections of streets and intersections.The City issued a request for proposals (RFP)for consultants to complete the Systemic Safety Analysis Report Programs (SSARP) and Local Roadway Safety Plan (LRSP) report. Background: Past Council Actions Meeting Date Description 04-12-17 Authorize d the Director of Public Works to execute the California Department of Transportation (Caltrans) Request for Systemic Safety Analysis Report Program (SSARP) Funding Allocation form in the amount of $93,500 which includes a local match of $9,350 . 02-13-19 Adopted a resolution authorizing the Director of Public Works to execute the California Department of Transportation (Caltrans) Request for Systemic Safety Analysis Report Program (SSARP) Funding . The City applied for the Caltrans grant in May of 2016 which was awarded in September of that same City of Hermosa Beach Printed on 1/23/2020Page 1 of 3 powered by Legistar™ Staff Report REPORT 20-0046 The City applied for the Caltrans grant in May of 2016 which was awarded in September of that same year.The SSARP grant is for $93,500,including a local match of $9,350,and would fund the preparation of a study that identifies traffic-related improvements that can be implemented for sections of streets and intersections that have been documented to have a high number of reported incidents involving vehicles,motorcycles,pedestrians and/or bicyclists.As part of the grant application,staff determined that several locations within the City limits aligned with the criteria for the study. On April 12, 2017, City Council authorized funding of $93,500 to complete the study. Analysis: Completing this study would assist the City in developing a competitive application when a grant cycle for Highway Safety Improvement Program (HSIP)is advertised.Examples of project improvements funded by HSIP include complete streets,local roadway safety and traffic calming improvements.Caltrans anticipates that funding for future HSIP projects will be made available in the amount of approximately $200 million per cycle. Staff advertised the RFP for the SSARP (Attachment 1)in the Easy Reader,City website and bid houses in February of 2019 for engineering and traffic analysis services.Six companies submitted proposals by the March 26th 2019 submittal deadline.The companies were TOOLE DESIGN GROUP LLC, KOA, KIMLEY HORN, GHD, FEHR & PEERS-LA, and CHEN RYAN ASSOCIATES, INC. Six proposals were received;one was deemed non-responsive.The remaining five proposals were deemed responsive to the scope of work.Staff reviewed the proposals and determined the best candidate based on qualifications was Toole Design Group LLC (Attachment 2).Staff confirmed the firm’s qualifications and past performance by conducting reference checks.Additionally,Toole Design Group LLC resulted to be the most economical at a fee of $92,298,which includes the LRSP requirements. The table below shows the firms that submitted a proposal including the proposed fee. Firm Proposed Fee TOOLE DESIGN GROUP LLC $92,298.00 KOA $5,240.00 (Deemed n on-responsive ) KIMLEY HORN $92,910.00 GHD $115,426.00 FEHR & PEERS -LA $93,471.84 CHEN RYAN ASSOCIATES, INC $92,395.00 Staff then identified future grant requirements and expanded the current SSARP scope to incorporate City of Hermosa Beach Printed on 1/23/2020Page 2 of 3 powered by Legistar™ Staff Report REPORT 20-0046 Staff then identified future grant requirements and expanded the current SSARP scope to incorporate Local Roadway Safety Plan (LRSP)requirements which will be a mandatory component in future cycle funding.Toole Design Group LLC agreed to include this additional scope of work in their original fee proposal.Staff recommends that Council award a contract to Toole Design Group LLC to complete the Systemic Safety Analysis Report (Attachment 3). 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: Mobility Goal 7.A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies: ·7.4 Traffic safety programs.Prioritize traffic safety programs oriented towards safe access to schools and community facilities that focus on walking, biking, and driving in school zones. Fiscal Impact: Award a contract with Toole Design Group LLC in the amount of $92,298.Sufficient funds are available in the 2019-20 Budget.The local match of $9,350 is appropriated from the General Fund (account 001-4210-4201)and the Caltrans grant of $84,150 is appropriated in the Grant Fund (account 150-4210-4201). The grant would be implemented on a reimbursement basis. Attachments: 1.Request For Proposal 2.Toole Proposal 3.Draft Professional Services Agreement between the City and Toole Respectfully Submitted by: Reed Salan, Associate Engineer Concur: Lucho Rodriguez, P.E., Deputy City Engineer Concur: Marnell Gibson, P.E., Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 3 of 3 powered by Legistar™ February 2019 SSARP RFP Page 1 of 5 City of Hermosa Beach Public Works Department 1315 Valley Drive, Hermosa Beach, CA 90254 (310)318-0214 Fax (310) 937-5015 Request for Proposals To Provide Professional Engineering Services (RFP 19-01) For Caltrans Systemic Safety Analysis Report Program I.INTRODUCTION The City of Hermosa Beach Public Works Department is soliciting proposals from qualified engineering consultants to provide traffic analysis / study as detailed in SSARP guidelines and per scope below for subject proposal. II.DESCRIPTION OF THE SSARP PROJECT The report that will come out of this will encompass the analysis as detailed by the SSARP grant that is aligned with the TIMS results, the grant guidelines report and the SSARP Procedures and Implementations. It is a data driven grant based on empirical transportation (injury, fatality, collision) data taken between 2011 and 2013. The report will support the development and delivery of a study/analysis that will justify the selection and prioritization of countermeasures (infrastructure related traffic improvements). Attached is data from TIMS (transportation Information Mapping Systems). Please keep in mind the bigger picture is to have this report help the City to qualify for Future HSIP funding (infrastructure related projects). Please review the scope of work provided as outlined below and find the roadway segments detailed in this scope as well. The following tasks are required to complete the SSARP analysis / study. III.SCOPE OF SERVICES Goal The goal of the City of Hermosa Beach Systemic Safety Analysis Report Program Study is to prioritize traffic and pedestrian safety projects for future funding. The City of Hermosa Beach Department of Public Works, Police Department and its consultant team will use three years of the most current crash data sourced from its own Police Department and Department of Public Works, and the California I-SWITRS database, and UC Berkeley Transportation Injury Mapping (TIMS). The study will be completed within 36 months of initial allocation of funds. Attachment 1 February 2019 SSARP RFP Page 2 of 5 Overall Objectives and Products The scope of work performed by the City of Hermosa Beach will accomplish the following objectives and deliver the following products: 1.Analysis of specific areas roadway system including the following roadway segment and intersections with highest number of documented collisions. a.Herondo St to Artesia Blvd (Pacific Coast Highway) b.2nd St and Pacific Coast Highway c. 8 th St and Pacific Coast Highway d.9th St and Pacific Coast Highway e.7th St and Pacific Coast Highway f.Prospect St and Aviation Blvd g.Pier Ave and Valley Dr h. 24 th St and Hermosa Ave 2.Analysis of the highest occurring crash types at high-risk intersections and corridors, including the following: a. Rear-end b.Bicycle c.Vehicle d. Pedestrian e.Angle f.Side-Swipe 3.Identification of Countermeasures City staff and consultant team will to use crash reduction factors provided in the Local Roadway Safety Manual for the State of California (LSRM) to identify potential low-cost systemic countermeasures. 4.Summary of the Major Results. City staff and the consultant team will provide in its final report a summary of major results, which will include a description of the methodologies used to limit the data analysis and studies to stay within the funding limits. 1.Project Contracting Task 1.1 •Project Initiation and Implementation: •Hold meeting with Caltrans Staff if necessary, finalize scope, staff workshop. Meeting summary will be documented. Task 1.2 •Staff coordination: Hold monthly interdepartmental meetings to ensure good and consistent communication, and sharing of information to ensure that the project remains on time and within budget. Invite Caltrans staff to project team meetings. Task Deliverable Documentation 1.1 Project Start-Up Meeting summary 1.2 Monthly staff coordination Monthly meetings with summary notes Attachment 1 February 2019 SSARP RFP Page 3 of 5 2.Community Outreach •All meetings will be publicly noticed at consultant’s sole responsibility, to ensure maximum attendance. Number of meetings and location of workshops to be determined. (3 maximum) Task 2.1 •Series Community Workshops, including participation of stakeholders, business leaders, civic leaders, residents and community based-organization: Inform community of study, its purpose and opportunities; share crash and injury data, discuss counter-measures, options and constraints, and solicit opinions from community. Consultant should be prepared to hold meeting without City staff presence. Task Deliverable Documentation 2.1 Series of 3 Community Workshops PowerPoint Presentation, Workshop Summary, Photos, Options/Counter- 3.SSARP Study Task 3.1 •Present preliminary/draft results of study: Based on community input, crash data results (Consultant must have access to online data) and guidance from the Caltrans Local Safety Roadway Manual and present to Executive Staff from the Department of Public Works, Community Development Department, City Manager and City Council Task 3.2 •Prepare and present final SSARP study: Final report including outreach summary, community workshops summary, and prioritized projects as directed by Department of Public Works Executive Staff. Task 3.3 •City Council Adoption: Present SSARP Final Study to City Council Task Deliverable Documentation 3.1 Draft of Study Report, including data, meeting results, preliminary recommendations 3.2 Final Report to City Staff Report, including data, meeting results, preliminary recommendations 3.3 Final Report presented to City Council Council Adoption and meeting notes 4.Project Management and Administration Task 4.1 •Project Administration: Project administration between consultants and project manager. Consists of weekly teleconferences and monthly progress reports and invoices. Monthly invoices to Caltrans project manager. Task 4.2 Attachment 1 February 2019 SSARP RFP Page 4 of 5 •Quarterly Reports: City staff will submit reports pursuant to Systemic Safety Analysis Report Program Guidelines to Caltrans District staff and provide a summary of project progress and grant/local match expenditures. Carryout to close out of project with Caltrans. Task Deliverable Documentation 4.1 Project Administration and Coordinatio Monthly progress reports and invoices 4.2 Quarterly Reports Quarterly progress reports and invoices Notes: Crash Data (2011, 2012 and 2013) Number of Fatality and Severe Injury (F+SI) crashes (not number of victims) between 1/1/2011 and 12/31/2013: 333 These are the Strategic Highway Safety Plan (SHSP) Challenge Area(s) that this SSARP will primarily address: 1. Alcohol and Drug Impairment 2. Young Drivers 3. Bicycling 4. Motorcycles 5. Distracted Driving 6. Intersections, Interchanges and other Roadway Access 7. Pedestrians 8. Speeding and Aggressive Driving IV. CONTENT OF THE PROPOSAL Include the following items in the proposal: A.Company Overview: introduce your firm and provide a general description of your company’s qualifications and experience, with emphasis on previous projects which are similar to the one proposed. Please include an organizational chart, staffing plan, and resumes for all parties involved in the project. List a maximum of five (5) projects (total) that your firm has performed for other public or private agencies, which demonstrate your firm’s ability to perform this work. B.Name and license number of the engineer in charge for this work and the consultant’s primary representative shall be available on all occasions for the discussion with city staff and identification of any sub consultants. C.Approach and Methodology. D.Proposed Schedule of Work, including start and completion dates for each task. E.Scope of work. F.Fee: In separate, sealed envelope, provide a fee schedule and a total “Not to Exceed” fee for completing the work included in each Alternative, as described in the Scope of Services above. All fees shall include labor, materials, reprographics, travel, meetings, and presentations. All approved deliverable products shall become property of the City of Attachment 1 February 2019 SSARP RFP Page 5 of 5 Hermosa Beach. The City reserves the right to eliminate any tasks from the scope of work, and reduce the not-to-exceed fee by the cost of the task eliminated. Sample fee format attached. V. CONSULTANT SELECTION The Public Works Department will evaluate all proposals based on criteria for the evaluation of the proposals may include, but not limited to the following: A.Completeness of proposal B.Consultant’s demonstrated understanding of the Scope of Services C.Quality of work previously performed by the firm D.The resources required to perform the required services E.Proposed Schedule of Work VI.RIGHT TO REJECT ALL PROPOSALS The City of Hermosa Beach reserves the right to reject any or all proposals submitted. No guarantee is hereby made that any contract will be awarded pursuant to this Request for Proposals, or otherwise. All costs incurred in the preparation of the proposals, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the respondent. VII.PROPOSAL SUBMITTAL An original (1) copy and one (1) electronic copy on a USB flash drive of the proposal shall be presented in a sealed envelope bearing the name, address, and telephone number of the individual or entity submitting the proposal and shall be addressed as follows: (RFP 19-01) - Request for Proposals To Provide Professional Engineering Services for Caltrans Systemic Safety Analysis Report Program. Deliver To: Office of the City Clerk, 2nd Floor City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Attn: Reed Salan, Associate Engineer The proposal shall be delivered to the above address on or before 11:00 a.m. on March 26, 2019. VIII.STAFF CONTACT Should you require further information, please contact Reed Salan, Associate Engineer at (310) 318-0229 or rsalan@hermosabch.org. Sincerely, By: Reed Salan Associate Engineer Attachment(s): 1. SSARP guidelines – February 2016 2. Instructions and Implementation guide for SSARP 3. TIMS – SWITRS query results summary and heatmap 4.Sample proposed fee format 5. Sample professional services agreement Attachment 1 SCOPE OF WORK, BUDGET, SCHEDULE January 16, 2020 To: Reed Salan Organization: City of Hermosa Beach From: Adam Vest, P.E., PTOE Project: Hermosa Beach Local Roadway Safety Plan (LRSP) Re: Scope of Work, Budget, Schedule The following is the proposed scope of work, budget, and schedule for the Hermosa Beach’s Systemic Safety Analysis Report Program. Scope of Work Task 1: Meetings Task 1.1: Kick-off Meeting The Toole Design Team will hold a project kick-off meeting with City and Caltrans staff at the City, as available, at the beginning of the project. During this meeting, we will: Discuss project objectives, key outcomes, and potential safety improvement projects Discuss the monthly interdepartmental meetings and identify key stakeholders who should be invited Discuss data availability Discuss ongoing and planned safety projects and known priority locations Communicate our QA/QC procedures Discuss the overall schedule/key milestones for the project, including scheduling of meetings and community workshops Finalize project scope Toole Design will summarize the meeting in a meeting summary document. Kick-off meeting to be attended by Team Project Manager and up to two (2) other members of the project team. Task 1.2: Interdepartmental Staff Meetings The Toole Design Team will hold monthly interdepartmental meetings with City and Caltrans staff, as available. In these meetings, we will discuss project progress and critical decision points. Additionally, in order to address non- engineering concerns and project elements, the team will have calls with school officials, police, fire and emergency services. A key component of an LRSP is incorporating input from a variety of stakeholders to ensure Attachment 2 2 the 4 E’s (Education, Enforcement, Engineering, Emergency Services) are being addressed and that projects are not solely based on engineering analysis. Our project manager will attend up to six (6) of these meetings in person, three (3) of which will be scheduled to coincide with the dates of the community workshops. We anticipate the following schedule of topics at these meetings and the community outreach workshops detailed in Task 2.1. Month Topic(s) Oct. ‘19 Project Kickoff Nov.-Dec ‘19 Quantitative and Qualitative Evaluation Draft Results Jan.-Feb. ‘20 Countermeasure Selection Community Workshop: Data analysis draft results and discussion of community- d f d Mar.-April ‘20 Draft Project Summaries May ‘20 Project Prioritization/Benefit-Cost Analysis Community Workshop: Potential countermeasures and community-identified jt June ‘20 Project Prioritization/Benefit-Cost Analysis Final Projects and Draft LRSP July ‘20 Final Projects and Draft LRSP Community Workshop: Project Prioritization August ‘20 Final LRSP August ‘20 City Council Meeting Task 1.3: Bi-weekly Check-in Meetings Toole Design will hold bi-weekly teleconferences with City staff to help keep the project on schedule and on budget. Monthly progress reports and invoices will be submitted to the City detailing the previous month’s efforts. Deliverables Agenda, meeting materials, presentations, notes, and action items Meeting summaries Attachment 2 3 Task 2: Community Engagement Task 2.1: Community Workshops Toole Design will host up to three (3) community workshops to communicate about the study with members of the public, including stakeholders, business leaders, civic leaders, residents, and community-based organizations. These community workshops will be structured to focus on the following topics: Project overview, opportunities, initial crash data analysis results, and solicit feedback on community- identified needs Final crash data overview, potential countermeasures toolbox, and solicit feedback on potential projects Present and solicit feedback on draft-final projects Toole Design will work with the City to publicly notice and host these workshops. Toole Design will summarize the workshops in written form and will provide a summary to City staff no later than two weeks following the workshop. Deliverables Community Workshop PowerPoint presentation Maps, boards, materials Community Workshop summary, photos Task 3: Local Roadway Safety Plan (LRSP) Task 3.1: Data Collection The Toole Design team will collect data to conduct systemic safety analysis and identify areas/locations of highest priority in the City. The primary data source to be used in this study will be police-reported crash data for the most recent five years of finalized data, currently 2011-2015. The Toole Design team recommends using data from the Traffic Injury Mapping System (TIMS), unless the City can provide geocoded crash records from the Hermosa Beach Police Department in an editable spreadsheet format. Toole will attempt to geocode any crashes that do not have geolocations. In addition to the crash data, the Toole Design team will request additional GIS data from the city via a data request memorandum. If any data is provided, Toole will join the received files to the crash data to support the subsequent analysis. In the event that the City is unable to provide any data, Toole will rely on publicly accessible datasets such as OpenStreetMap. Deliverables •Data request memorandum Task 3.2: Preliminary Analysis and Location Prioritization Using the refined data, the Team will focus on motor vehicle, bicycle, and pedestrian crashes to complete a preliminary crash analysis. The Team will evaluate the data for crash trends and patterns as well as recurring roadway characteristics that are contributing to the most frequent crash types (i.e., risk factors). The Team will also incorporate non-engineering concepts and approaches to assess safety issues that may not be addressed through crash data. Meetings with schools, police and fire departments, and emergency services in Task 1.2 will also support this qualitative evaluation. Based on this evaluation, the Team will identify the highest priority locations for safety interventions for all modes (i.e., motor vehicles, pedestrians, bicyclists), while also identifying a range of systemwide countermeasures to Attachment 2 4 address common issues. The Team will develop a matrix of the 10 highest priority locations. This matrix will be made available to the City. Supporting crash data maps/figures will also be developed to support the matrix, primarily showing high crash locations, crash rates, etc. The Team will also develop a toolbox of potential safety countermeasures relevant to safety issues found during preliminary analysis and through interviews with key stakeholders. The safety toolbox may include countermeasures specifically tied to education, enforcement, engineering, and emergency services. Deliverables •Crash database/matrix of data and analysis findings, including priority safety locations and potential safety countermeasures •Supporting maps of systemwide crash data assessment and priority locations. •Draft technical memorandum documenting the prioritization process and outcomes Task 3.3: Systemic Safety Analysis Report Program Report and Presentation The Toole Design Team will develop a draft Local Roadway Safety Plan (LRSP), following guidance from Caltrans via the Local Roadway Safety Manual and LRSP requirements. The draft LRSP will include the following: Identification of crash data source. Analysis of crash data to identify common crash types and draft high-priority locations Identification of potential countermeasures through crash analysis and stakeholder engagement Development of safety projects based on data analysis, and community and stakeholder input Calculation of project benefit/cost ratios and project prioritization for engineering-based recommendations. Non-engineering recommendations (e.g., enforcement, education, emergency services) may not include project benefit/cost ratios. Toole Design will present the draft LRSP to relevant City staff. Deliverables Draft report including data, meeting results, and preliminary recommendations Task 3.4: Final LRSP Study Report and Presentation Based on feedback received on the Draft SSAR during community workshops and meetings with Executive Staff, The Toole Design Team will prepare and present a final report to City staff. Deliverables Final report including data, meeting results, and final recommendations Task 3.5: City Council Presentation Toole Design’s project manager and Project Engineer/Principal-in-Charge will present the final SSAR to the City Council for approval. Toole Design will submit meeting notes on this agenda item following the meeting. Attachment 2 5 Task 4: Project Management and Administration Task 4.1: Project Administration Project start-up, invoicing, and contracting. Task 4.2: Progress Reports and Invoicing Toole Design will submit draft quarterly progress reports for the City project manager to provide to Caltrans. Deliverables Monthly progress reports Quarterly reports and invoices Budget Task Toole Design Kittelson Total Task 1: Project Kick-off and Management $20,464.00 $1,968.16 $22,432.16 Task 2: Community Engagement $10,348.00 $3,928.54 $14,276.54 Task 3: SSARP Study $32,548.00 $13,362.06 $45,910.06 Task 4: Project Management and Administration $4,540.00 $492.04 $5,032.04 Expenses $4,647.50 $0.00 $4,647.50 Total $72,547.50 $19,750.80 $92,298.30 Attachment 2 Hermosa Beach Local Roadway Safety Plan (LRSP) PIC Project Manager Strategic Advisor Deputy PM Data Lead Lead Engineer (EOR) GIS Analyst Analyst Graphic Designer Principal Engineer Senior Planner Planner/Eng ineer Eric Widstrand Adam Vest Nat Gale Carlos Hernandez Frank Proulx Gwen Shaw Daniel Patterson Yasmin Fuseini- Codjoe Megan Seib Erin Ferguson Matt Braughton Michael Sahimi $230.00 $250.00 $226.00 $174.00 $151.00 $96.00 $85.00 $71.00 $80.00 $246.02 $193.12 $178.57 1 Meetings 1.1 Kick-off Meeting 4 4 4 12 $2,600 1.2 Interdepartmental Staff Meetings x 6 (4 in person)24 4 24 4 56 $12,064 1.3 Bi-weekly Check-in Meetings (phone)16 16 4 36 $7,768 Subtotal Hours 0 44 8 44 0 0 0 0 0 8 0 0 104 Subtotal Cost $0.00 $11,000.00 $1,808.00 $7,656.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,968.16 $0.00 $0.00 $22,432.16 2 Community Engagement 2.1 Community Workshops x 3 18 4 18 12 12 22 86 $14,277 Subtotal Hours 0 18 4 18 0 0 0 12 12 0 0 22 86 Subtotal Cost $0.00 $4,500.00 $904.00 $3,132.00 $0.00 $0.00 $0.00 $852.00 $960.00 $0.00 $0.00 $3,928.54 $14,276.54 3 Local Roadway Safety Plan (LRSP) 3.1 Data Collection 2 16 6 20 8 6 2 60 $8,320 3.2 Preliminary Analysis and Location Prioritization 6 2 16 4 40 11 18 97 $14,362 3.3 Draft SSAR Study Report and Presentation 2 12 2 24 10 16 8 12 86 $14,845 3.4 Final SSAR Study Report and Presentation 2 4 16 2 10 2 4 40 $6,462 3.5 City Council Presentation 4 4 8 $1,920 Subtotal Hours 8 28 4 72 22 0 20 74 0 27 20 16 291 Subtotal Cost $1,840.00 $7,000.00 $904.00 $12,528.00 $3,322.00 $0.00 $1,700.00 $5,254.00 $0.00 $6,642.54 $3,862.40 $2,857.12 $45,910.06 4 Project Management and Administration 4.1 Project Administration 8 2 4 2 16 $3,640 4.2 Monthly Progress Report and Invoicing 8 8 $1,392 Subtotal Hours 0 8 2 12 0 0 0 0 0 2 0 0 24 Subtotal Cost $0.00 $2,000.00 $452.00 $2,088.00 $0.00 $0.00 $0.00 $0.00 $0.00 $492.04 $0.00 $0.00 $5,032.04 Toole (Labor)410 $67,900.00 Kittelson (Labor)95 $19,750.80 Toole (Expenses)$4,647.50 Kittelson (Expenses)$0.00 TOTAL 92,298$ 1/16/2020 Project Tasks Task Fee Subtotals Task Hours Subtotals Toole Design Group Kittelson & Associates, Inc. Attachment 2 PSA 19.006 CONTRA CT FOR PROFESSIONAL SERVICES FOR SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM (SSARP) BETWEEN THE CITY OF HERMOSA BEACH AND TOOLE DESIGN This AGREEMENT is entered into this 28th day of January, 2020� by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation ("CITY'') and TOOLE DESIGN ("CONSULTANT"). RECITALS A.The City desires to obtain professional assistance in the Systemic Safety Analysis Report Program (SSARP). B.The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C.The Consultant represents to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1. CONSIDERATION AND COMPENSATION A.As partial consideration, CONSULTANT agrees to perfonn the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A hereto and incorporated herein by reference. B.As additional consideration, CONSULT ANT and CITY agree to abide by the terms and conditions contained in this Agreement. C.As additional consideration, CITY agrees to pay CONSULTANT as set forth in EXHIBIT A, a total not to exceed amount of $92,298, for CONSULTANT's services, unless otherwise specified by written amendment to this Agreement. D.No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. E.CONSULTANT shall submit to CITY, by no later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULT ANT all uncontested amounts set forth in CONSULT ANT' s invoice within 30 days after it is received. Page 1 of 10 Attachment 3 2.SCOPE OF SERVICES. A.CONSULTANT will perfonn the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A. B.Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. CONSULTANT shall perform its services with the same degree of care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and in the same locality of the Project. 3.PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSUL TANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in "Exhibit A." 4.TIME OF PERFORMANCE. The services of the CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY's reasonable satisfaction, in accordance with the schedule incorporated in "Exhibit A," unless extended in writing by the CITY. 5.FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be perfonned; (b) carefully considered how the services should be performed; and ( c) understands the facilities, difficulties, and restrictions attending perfonnance of the services under this Agreement. 6.KEY PERSONNEL. CONSULTANT's key person assigned to perform work under this Agreement is Glenn Dea. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 7.TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire July 31, 2021 unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing by mutual agreement as necessary to complete the project. 8.CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. Page 2 ofll Attachment 3 9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 10. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY's option, become Cl1Y's property, and CONSULT ANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 12. INDEMNIFICATION. A. CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reimbursement of reasonable attorneys fees, expert fees and all other costs and fees of litigation) to the extent CONSULT ANT's negligent of wrongful performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, but excepting such loss or damage which is caused by the negligence or willful misconduct of the CITY. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation as part of CITY's total damages based upon CONSULTANT'S proportionate percentage of fault as detennined by a court of competent jurisdiction. The CONSULT ANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. C. Except to the extent of an indemnification obligation set forth herein, to the maximum extent allowable under applicable law, CITY agrees that Page3 ofll Attachment 3 CONSULTANT shall not be liable for any monetary damages in excess of the amounts paid to CONSULTANT under this agreement. CITY agrees that CONSULT ANT shall not be liable for lost profits, lost opportunities, consequential or incidental damages resulting from CONSULTANT'S performance under this agreement. 13. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSUL TANT will act as an independent contractor and will have control of all work and the manner in which is it perfonned. CONSULT ANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULT ANT will follow the direction of the CITY as to end results of the work only. 15. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULT ANT agrees to provide CITY, or designee, with any relevant information requested and will pennit CITY, or designee, access to its premises, upon reasonable notice, during nonnal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 17. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall Page4of11 Attachment 3 require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of aU Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City. 2. General Liability Coverage. The CONSUL TANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT· shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULT ANT arising out of or in connection with the work to be perfonned under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT'S operations under this Agreement, whether such operations are by the CONSULTANT or by its employees. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a "claims made basis," CONSULT ANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULT ANT also agrees to require all contractors, and subcontractors to do likewise. CITY agrees that Section 17.b.1, 17.B.2 and 17.B.3 shall not apply to Professional Liability or Workers' Compensation. 1. ''The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to Page 5 ofll Attachment 3 liability ansmg out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations." 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, except after thirty (30) days written notice has been received by the CITY. A ten (10) day written notice tot CITY shall apply to non- payment of premium. CONSULT ANT shall provide thirty (30) days written notice to CITY prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Consultant arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductioles or self-insured retentions must be declared to and approved by the CITY. At the CITY's option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULT ANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of perfonnance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. Page 6 ofll Attachment 3 G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's behalf upon the Consultant's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY's prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 19. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULT ANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULT ANT for anything done, furnished or relating to the CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of the CITY'S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. 20. CORRECTIONS. In addition to the above indemnification obligations, the CONSULT ANT shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. 21. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULT ANT by CITY for services perfonned within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT'S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT'S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically tenninate at the conclusion of such fiscal year. Page7 ofll Attachment 3 22.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CONSULTANT TOOLE DESIGN 405 S Beverly Dr, Beverly Hills, CA 90212 CITY City of Hermosa Beach 1315 Valley Drive Hennosa Beach, CA 90254 ATTN: Reed Salan ATTN: Nat Gale Any such written communications by mail will be conclusively deemed to have been received by the addressee upon dep osit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 23.SOLICITATION. CONSULTANT maintains and represents that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULT ANT represents that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 24.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein are generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULT ANT' s or CITY's obligations under this Agreement 25.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 26.ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. 27.RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 28.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment Page8 ofll Attachment 3 with signatures of all parties to this Agreement. CITY' s city manager, or designee, may execute any such amendment on behalf of CITY. 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should perfonnance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY'S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs to which that party or those parties may be entitle as part of prevailing party's total damages attributed to the non-prevailing party's proportionate percentage of fault as determined by a court of competent jurisdiction. 33. STATEMENT OF EXPERIENCE .. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perfonn the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULT ANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 34. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant's notes and work papers, which pertain to the work performed under this Agreement The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. City agrees that Consultant will not have any liability to City, or any third party, for any revision or addition to, alteration or deviation from Consultant's documents, data, drawings, maps and/or other materials prepared by Consultant pursuant to the Agreement ("Work Product") occurring subsequent to Consultant's completion of services under this Agreement or earlier termination of this Agreement, or for use of Consultant's Work Product on another project by or on behalf of City, and City shall defend, indemnify and hold Consultant hannless from and against Page9 ofll Attachment 3 all liability, loss, damages, costs and expenses, including reasonable attorneys' fees and disbursements, which Consultant may at any time sustain or incur by reason of any such use, revision, addition, alteration or deviation by or on behalf of City. Notwithstanding the above, Consultant shall retain ownership rights to its standard, non Project specific, details, design and speci fi ca ti ans 35. DISCLOSURE REQUIRED. (City and Consultant initials required at the following paragraph) By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a "consultant" for the purpose of the California Political Reform Act because Consultant's duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701 (a) (2) (A) and is otherwise not serving in staff capacity in accordance with the City's Conflict oflnterest Code. City Initials ~ Consultant Initial U- Page 10ofl 1 Attachment 3 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH City Manager By: ATIEST: FEIN: 05-0545429 Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins, City Attorney Page 11 of 11 Attachment 3 SCOPE OF WORK, BUDGET, SCHEDULE January 16, 2020 To: Reed Salan Organization: City of Hermosa Beach From: Adam Vest, P.E., PTOE Project: Hermosa Beach Local Roadway Safety Plan (LRSP) Re: Scope of Work, Budget, Schedule The following is the proposed scope of work, budget, and schedule for the Hermosa Beach’s Systemic Safety Analysis Report Program. Scope of Work Task 1: Meetings Task 1.1: Kick-off Meeting The Toole Design Team will hold a project kick-off meeting with City and Caltrans staff at the City, as available, at the beginning of the project. During this meeting, we will: Discuss project objectives, key outcomes, and potential safety improvement projects Discuss the monthly interdepartmental meetings and identify key stakeholders who should be invited Discuss data availability Discuss ongoing and planned safety projects and known priority locations Communicate our QA/QC procedures Discuss the overall schedule/key milestones for the project, including scheduling of meetings and community workshops Finalize project scope Toole Design will summarize the meeting in a meeting summary document. Kick-off meeting to be attended by Team Project Manager and up to two (2) other members of the project team. Task 1.2: Interdepartmental Staff Meetings The Toole Design Team will hold monthly interdepartmental meetings with City and Caltrans staff, as available. In these meetings, we will discuss project progress and critical decision points. Additionally, in order to address non- engineering concerns and project elements, the team will have calls with school officials, police, fire and emergency services. A key component of an LRSP is incorporating input from a variety of stakeholders to ensure Exhibit A the 4 E’s (Education, Enforcement, Engineering, Emergency Services) are being addressed and that projects are not solely based on engineering analysis. Our project manager will attend up to six (6) of these meetings in person, three (3) of which will be scheduled to coincide with the dates of the community workshops. We anticipate the following schedule of topics at these meetings and the community outreach workshops detailed in Task 2.1. Month Topic(s) Oct. ‘19 Project Kickoff Nov.-Dec ‘19 Quantitative and Qualitative Evaluation Draft Results Jan.-Feb. ‘20 Countermeasure Selection Community Workshop: Data analysis draft results and discussion of community- d f d Mar.-April ‘20 Draft Project Summaries May ‘20 Project Prioritization/Benefit-Cost Analysis Community Workshop: Potential countermeasures and community-identified jt June ‘20 Project Prioritization/Benefit-Cost Analysis Final Projects and Draft LRSP July ‘20 Final Projects and Draft LRSP Community Workshop: Project Prioritization August ‘20 Final LRSP August ‘20 City Council Meeting Task 1.3: Bi-weekly Check-in Meetings Toole Design will hold bi-weekly teleconferences with City staff to help keep the project on schedule and on budget. Monthly progress reports and invoices will be submitted to the City detailing the previous month’s efforts. Deliverables Agenda, meeting materials, presentations, notes, and action items Meeting summaries Exhibit A Task 2: Community Engagement Task 2.1: Community Workshops Toole Design will host up to three (3) community workshops to communicate about the study with members of the public, including stakeholders, business leaders, civic leaders, residents, and community-based organizations. These community workshops will be structured to focus on the following topics: Project overview, opportunities, initial crash data analysis results, and solicit feedback on community- identified needs Final crash data overview, potential countermeasures toolbox, and solicit feedback on potential projects Present and solicit feedback on draft-final projects Toole Design will work with the City to publicly notice and host these workshops. Toole Design will summarize the workshops in written form and will provide a summary to City staff no later than two weeks following the workshop. Deliverables Community Workshop PowerPoint presentation Maps, boards, materials Community Workshop summary, photos Task 3: Local Roadway Safety Plan (LRSP) Task 3.1: Data Collection The Toole Design team will collect data to conduct systemic safety analysis and identify areas/locations of highest priority in the City. The primary data source to be used in this study will be police-reported crash data for the most recent five years of finalized data, currently 2011-2015. The Toole Design team recommends using data from the Traffic Injury Mapping System (TIMS), unless the City can provide geocoded crash records from the Hermosa Beach Police Department in an editable spreadsheet format. Toole will attempt to geocode any crashes that do not have geolocations. In addition to the crash data, the Toole Design team will request additional GIS data from the city via a data request memorandum. If any data is provided, Toole will join the received files to the crash data to support the subsequent analysis. In the event that the City is unable to provide any data, Toole will rely on publicly accessible datasets such as OpenStreetMap. Deliverables • Data request memorandum Task 3.2: Preliminary Analysis and Location Prioritization Using the refined data, the Team will focus on motor vehicle, bicycle, and pedestrian crashes to complete a preliminary crash analysis. The Team will evaluate the data for crash trends and patterns as well as recurring roadway characteristics that are contributing to the most frequent crash types (i.e., risk factors). The Team will also incorporate non-engineering concepts and approaches to assess safety issues that may not be addressed through crash data. Meetings with schools, police and fire departments, and emergency services in Task 1.2 will also support this qualitative evaluation. Based on this evaluation, the Team will identify the highest priority locations for safety interventions for all modes (i.e., motor vehicles, pedestrians, bicyclists), while also identifying a range of systemwide countermeasures to Exhibit A address common issues. The Team will develop a matrix of the 10 highest priority locations. This matrix will be made available to the City. Supporting crash data maps/figures will also be developed to support the matrix, primarily showing high crash locations, crash rates, etc. The Team will also develop a toolbox of potential safety countermeasures relevant to safety issues found during preliminary analysis and through interviews with key stakeholders. The safety toolbox may include countermeasures specifically tied to education, enforcement, engineering, and emergency services. Deliverables • Crash database/matrix of data and analysis findings, including priority safety locations and potential safety countermeasures • Supporting maps of systemwide crash data assessment and priority locations. • Draft technical memorandum documenting the prioritization process and outcomes Task 3.3: Systemic Safety Analysis Report Program Report and Presentation The Toole Design Team will develop a draft Local Roadway Safety Plan (LRSP), following guidance from Caltrans via the Local Roadway Safety Manual and LRSP requirements. The draft LRSP will include the following: Identification of crash data source. Analysis of crash data to identify common crash types and draft high-priority locations Identification of potential countermeasures through crash analysis and stakeholder engagement Development of safety projects based on data analysis, and community and stakeholder input Calculation of project benefit/cost ratios and project prioritization for engineering-based recommendations. Non-engineering recommendations (e.g., enforcement, education, emergency services) may not include project benefit/cost ratios. Toole Design will present the draft LRSP to relevant City staff. Deliverables Draft report including data, meeting results, and preliminary recommendations Task 3.4: Final LRSP Study Report and Presentation Based on feedback received on the Draft SSAR during community workshops and meetings with Executive Staff, The Toole Design Team will prepare and present a final report to City staff. Deliverables Final report including data, meeting results, and final recommendations Task 3.5: City Council Presentation Toole Design’s project manager and Project Engineer/Principal-in-Charge will present the final SSAR to the City Council for approval. Toole Design will submit meeting notes on this agenda item following the meeting. Exhibit A Task 4: Project Management and Administration Task 4.1: Project Administration Project start-up, invoicing, and contracting. Task 4.2: Progress Reports and Invoicing Toole Design will submit draft quarterly progress reports for the City project manager to provide to Caltrans. Deliverables Monthly progress reports Quarterly reports and invoices Budget Task Toole Design Kittelson Total Task 1: Project Kick-off and Management $20,464.00 $1,968.16 $22,432.16 Task 2: Community Engagement $10,348.00 $3,928.54 $14,276.54 Task 3: SSARP Study $32,548.00 $13,362.06 $45,910.06 Task 4: Project Management and Administration $4,540.00 $492.04 $5,032.04 Expenses $4,647.50 $0.00 $4,647.50 Total $72,547.50 $19,750.80 $92,298.30 Exhibit A Hermosa Beach Local Roadway Safety Plan (LRSP) PIC Project Manager Strategic Advisor Deputy PM Data Lead Lead Engineer (EOR) GIS Analyst Analyst Graphic Designer Principal Engineer Senior Planner Planner/Eng ineer Eric Widstrand Adam Vest Nat Gale Carlos Hernandez Frank Proulx Gwen Shaw Daniel Patterson Yasmin Fuseini- Codjoe Megan Seib Erin Ferguson Matt Braughton Michael Sahimi $230.00 $250.00 $226.00 $174.00 $151.00 $96.00 $85.00 $71.00 $80.00 $246.02 $193.12 $178.57 1 Meetings 1.1 Kick-off Meeting 4 4 4 12 $2,600 1.2 Interdepartmental Staff Meetings x 6 (4 in person)24 4 24 4 56 $12,064 1.3 Bi-weekly Check-in Meetings (phone)16 16 4 36 $7,768 Subtotal Hours 0 44 8 44 0 0 0 0 0 8 0 0 104 Subtotal Cost $0.00 $11,000.00 $1,808.00 $7,656.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,968.16 $0.00 $0.00 $22,432.16 2 Community Engagement 2.1 Community Workshops x 3 18 4 18 12 12 22 86 $14,277 Subtotal Hours 0 18 4 18 0 0 0 12 12 0 0 22 86 Subtotal Cost $0.00 $4,500.00 $904.00 $3,132.00 $0.00 $0.00 $0.00 $852.00 $960.00 $0.00 $0.00 $3,928.54 $14,276.54 3 Local Roadway Safety Plan (LRSP) 3.1 Data Collection 2 16 6 20 8 6 2 60 $8,320 3.2 Preliminary Analysis and Location Prioritization 6 2 16 4 40 11 18 97 $14,362 3.3 Draft SSAR Study Report and Presentation 2 12 2 24 10 16 8 12 86 $14,845 3.4 Final SSAR Study Report and Presentation 2 4 16 2 10 2 4 40 $6,462 3.5 City Council Presentation 4 4 8 $1,920 Subtotal Hours 8 28 4 72 22 0 20 74 0 27 20 16 291 Subtotal Cost $1,840.00 $7,000.00 $904.00 $12,528.00 $3,322.00 $0.00 $1,700.00 $5,254.00 $0.00 $6,642.54 $3,862.40 $2,857.12 $45,910.06 4 Project Management and Administration 4.1 Project Administration 8 2 4 2 16 $3,640 4.2 Monthly Progress Report and Invoicing 8 8 $1,392 Subtotal Hours 0 8 2 12 0 0 0 0 0 2 0 0 24 Subtotal Cost $0.00 $2,000.00 $452.00 $2,088.00 $0.00 $0.00 $0.00 $0.00 $0.00 $492.04 $0.00 $0.00 $5,032.04 Toole (Labor)410 $67,900.00 Kittelson (Labor)95 $19,750.80 Toole (Expenses)$4,647.50 Kittelson (Expenses)$0.00 TOTAL 92,298$ 1/16/2020 Project Tasks Task Fee Subtotals Task Hours Subtotals Toole Design Group Kittelson & Associates, Inc. Exhibit A MARCH 26, 2019 CITY OF HERMOSA BEACH DEPARTMENT OF PUBLIC WORKS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM RFP 19-01 Exhibit A Exhibit A Exhibit A Cover Letter ONE: COMPANY OVERVIEW Team Introduction 1.1 Organizational Chart 1.4 Staffing Plan 1.5 Resumes 1.6 Project Experience 1.14 TWO: APPROACH AND METHODOLOGY Project Understanding 2.1 Approach 2.2 Schedule 2.5 THREE: FEE Provided in a separate, sealed envelop Fee Schedule 3.1 TABLE OF CONTENTS Exhibit A xxxxxxxxxx COMPANY OVERVIEW 1Exhibit A 1.1CITY OF HERMOSA BEACH CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM TEAM INTRODUCTION Toole Design is the nation’s leading planning, engineering, and landscape architecture firm specializing in bicycle and pedestrian transportation. Founded in Maryland, the company now has 17 offices and over 175 employees across the country. Our mission is to create livable communities where walking and bicycling are safe, convenient, and enjoyable for everyone. Toole Design founded as a firm dedicated to creating safer conditions for people walking, biking, and driving in the U.S. This history has led us to become the leading transportation safety analysis firm in the country, and has given us the honor of leading and contributing to systemic safety and Vision Zero action plans in cities across the country, including in Austin, TX, Alexandria, VA, Boston, MA, Denver, CO, Eugene, OR, Long Beach, CA, Portland, OR, and Seattle, WA. Our talented researchers, analysts, engineers, planners, and communication specialists work collaboratively with our clients to develop data-driven plans that also speak to the human side of traffic deaths and serious injuries. Hermosa Beach has a vibrant and safe pedestrian environment by the beach. This SSARP study will help create similar safe spaces throughout the Hermosa Beach community. Kittelson & Associates, Inc. has provided comprehensive transportation engineering, planning, and research services to government agencies and private organizations for more than 30 years. Kittelson includes a staff of 230 people in 25 offices across the United States, and has California offices in Sacramento, Oakland, San Francisco, and Orange. Their engineers and planners offer decades of progressive research, technological innovation, and industry-leading project work. Kittelson recognizes that healthy, sustainable societies depend on safe, efficient, and active multimodal transportation systems that are cost effective to manage, operate, enhance, and use over time. From street and intersection design to statewide transportation system planning, Kittelson produces integrated and innovative solutions that achieve sustainable community goals.PHOTO CREDT: FLICKR KEVIN S BROWNExhibit A 1.2 TOOLE DESIGN Creative outreach strategies and compelling visuals help engage people in providing meaningful input. We are nationally known for our safety analysis. The Toole Design Team has worked extensively with the TIMS/SWITRS data, including current work on various Systemic Safety Analysis Report Programs (SSARPs) in California, and are intimately familiar with the challenges of urban roadway data and the need to be flexible to enable a comprehensive analysis. Through projects such as the Long Beach Safe Streets Action Plan and the Seattle Bicycle and Pedestrian Safety Analysis, we developed scripts to optimize data analysis and generate missing roadway information to provide a more robust understanding of safety challenges. Our researchers and engineers are recognized safety experts, with multiple peer-reviewed journal articles about safety and data analysis and leadership positions through Transportation Research Board (TRB) and Institute of Transportation Engineers (ITE). We bring a thorough understanding of risk factors, crash trends, and countermeasures that will ensure the highest quality of analysis and results for Hermosa Beach. This project dovetails well with our work leading the development of the National Cooperative Highway Research Program (NCHRP) Guidebook on Pedestrian and Bicyclist Safety at Intersections, As authors of national guides, including the American Association of State Highway and Transportation Officials (AASHTO) Federal Highway Administration Road Safety Audit Guidebook, we will apply the most recent best practices of systemic safety techniques as well as performance measures from the Highway Safety Manual and Caltrans Local Roadway Safety Manual. Our work drives project funding efforts. We are adept at identifying practical solutions that are compatible with the wider transportation context, and we know how to identify funding sources and implementation strategies that move projects forward. We give clear direction on how projects will be implemented, which enables us to provide accurate cost estimates and the information necessary to pursue funding. Our team has provided technical support to numerous jurisdictions for the preparation of applications for funding from federal, state, and local grant programs. We also provide technical support for clients to calculate benefit costs for project improvements submitted for grant funding. Toole Design and Kittelson have collectively been involved in securing funding for 18 successful HSIP Cycle 9 grant applications, winning over $17 million in funding for our clients’ safety improvement projects. Exhibit A 1.3CITY OF HERMOSA BEACH CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM We move projects forward. The Toole Design Team has extensive experience working with quantitative and qualitative data to prioritize projects. We developed the state-of-the- practice ActiveTrans Priority Tool for the National Cooperative Highway Research Program (NCHRP), and we frequently take on Complete Streets project prioritization plans around the country. We rank recommended improvements by combining public and agency stakeholder input, our team members’ expertise, and a weighted prioritization method. We understand that priorities must combine readiness and cohesion with already-planned projects, and that they must come with an understanding of which projects are most critical, support community equity goals, and have the highest benefit-cost ratio information to receive funding. We work with our clients to find the right balance between these factors, and we incorporate that input into our prioritization models. We know Southern California. Our team is well-versed in both California and national roadway standards, and recently wrote the Federal Highway Administration (FHWA) guidebook on roadway design flexibility to make streets safer for all users (Achieving Multimodal Networks: Applying Design Flexibility and Reducing Conflicts). Our Southern California based team thoroughly understands and is dedicated to achieving Hermosa Beach’s goals of prioritizing traffic and pedestrian safety projects for future funding. We routinely lead on-the-ground projects where safety and design principles are applied as part of: ▪Systemic safety analysis across local and regional networks ▪Network screening analysis to identify high-crash corridors and/or locations to improve safety across modes ▪Road safety audits for state and local agencies ▪Corridor and intersection studies that apply the latest in crash prediction capabilities from the Highway Safety Manual ▪Freeway and interchange evaluations ▪Transportation safety action plans ▪Crash trends and patterns recognition and diagnosis We are innovative and multidisciplinary. Our team includes planners, engineers, landscape architects, GIS experts, policy experts, and community engagement specialists with unmatched experience. Our staff includes pedestrian and bicycle experts who have developed state-of-the-art approaches to inventorying and analysis, mapping, and low-stress network planning. Principal-in-Charge, Amalia Leighton Cody listens to community members as they identify areas of concern for all modes. Exhibit A 1.4 TOOLE DESIGN The Toole Design Team brings both national transportation safety analysis expertise and local project experience to the Hermosa Beach Systemic Safety Analysis project. We have thoughtfully structured our team to efficiently meet the needs of the tasks outlined in the work plan. This team has successfully completed over a dozen statewide CITY OF HERMOSA BEACH PUBLIC WORKS DEPARTMENT PROJECT ENGINEER SENIOR SAFETY SPECIALIST Amalia Leighton Cody, P.E., AICP 1 Professional Engineer: CA No. 71129 Frank Proulx, PhD1 Carlos Hernandez1 Planner Matt Braughton, RSP 2 Planner 1 Toole Design 2 Kittelson Joel Shaffer 1 Engineer Hassan Ahmed, TE 2 Engineer Erin Ferguson, P.E., RSP 2 Senior Engineer Gwen Shaw, EIT1 Engineer COMMUNITY OUTREACH CRASH DATA ANALYSIS SSARP STUDY ORGANIZATIONAL CHART SSARP projects. Our organization is assembled to ensure each project, task, and subtask builds on prior successes, while leaving adequate room for innovation and growth. This structure and flexibility, all under tight project management, will deliver the highest possible quality for the project. PROJECT MANAGER Nat Gale1 DEPUTY PROJECT MANAGER Carlos Hernandez1 Exhibit A 1.5CITY OF HERMOSA BEACH CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM Toole Design will serve as the prime consultant and will be responsible for project administration, crash data analysis, community outreach, and SSARP study development. The team will be based out of our Southern California office and will be bolstered by our local subconsultants and national network of staff experts. Our highly specialized team members, described in the following pages, bring the skills and expertise needed to address all of the requirements of the RFP. Furthermore, Toole Design has a proven track record of teaming with Kittelson on similar projects. With staff living and working in Southern California, the members of the Toole Design Team are intimately familiar with the City of Hermosa Beach’s transportation system and issues. STAFFING PLAN 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 44 4 4 4 44 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 44 44 4 I2 I2 I2 I2 I2 I2 ALAMEDA SAN LEANDRO DUBLIN OAKLAND HAYWARD Ashland Castro Valley Cherryland Fairview Norris Canyon San Lorenzo Almond Reservoir Don Castro Reservoir Lake Chabot Alameda County SSAR April 2018 N Coordinate System: NAD 1983 StatePlane California III FIPS 0403 Feet Data Source: Alameda County, Fehr & Peers, Kittelson & Associates 2018. Alameda County Systemic Safety Analysis Report Project 0 0.7 1.4 2.1 2.80.35 Miles f eac db Failing to Yield to Pedestrians: Vehicles I2 BART Station 4 School Retail Corridors Unincorporated County Incorporated County More Crashes Fewer Crashes Toole Design and Kittelson worked with Alameda County’s Public Works Agency to create heat maps for each of the top nine collusion factors. 4 4 4 4 4 4 4 44 4 44 4 4 44 44 4 4444 444 4 4 4 4 4 444 44 4 4 4 44 4 4 4 4 44 44 4 I2 I2 I2 I2 I2 I2 ALAMEDA SAN LEANDRO DUBLIN OAKLAND HAYWARD Ashland Castro Valley Cherryland Fairview Norris Canyon San Lorenzo Almond Reservoir Don Castro Reservoir Lake Chabot Alameda County SSAR April 2018 N Coordinate System: NAD 1983 StatePlane California III FIPS 0403 Feet Data Source: Alameda County, Fehr & Peers, Kittelson & Associates 2018. Alameda County Systemic Safety Analysis Report Project 0 0.7 1.4 2.1 2.80.35 Miles f eacdb Failing to Yield to Pedestrians: Vehicles I2 BART Station 4 School Retail Corridors Unincorporated County Incorporated County More Crashes Fewer Crashes Kittelson will support the community outreach activities and events, contribute to the crash data analysis, and lead the production of the final SSARP study. Exhibit A 1.6 TOOLE DESIGN Amalia brings experience developing cost effective solutions to improve safety for all users of a corridor. She will be responsible for monitoring Toole Design’s performance on the project, working in close coordination with the project manager to ensure that the project remains on-schedule and within its budget. Amalia will help ensure that the project receives full support from Toole Design as a firm, including making sure the project has appropriate personnel support. Amalia will help address any project concerns that may arise during the life of the project. SELECTED PROJECT EXPERIENCE Santa Monica Wilshire Boulevard Safety Analysis, Santa Monica, CA Amalia is assessing safety issues along the Wilshire Corridor and identifying targeted safety countermeasures, including low-cost enhancement that could be implemented in near-term. Amalia will lead the team in preparing concept designs with public input. The team will also prepare cost estimates for design and identify funding sources to expedite the next phase of implementation. Seattle Bridge Safety Analysis, Seattle, WA Amalia was the principal-in-charge for a report that summarized conceptual countermeasures at 13 bridge locations. The locations were selected based on results a city-wide safety analysis prepared by Toole Design. Cost estimates were prepared for each location. The final report was presented to City Council for implementation funds. Solano Avenue Complete Streets Plan, Albany, CA Amalia is the principal-in-charge for the development of a concept design for the renovation of Solano Avenue through the heart of Albany, CA. The concept design incorporates existing transit service, heavy vehicle movements, surface drainage and rain gardens, landscaping and placemaking elements, traffic calming features, parking and access management, intersection reconfigurations, and curbside management. FHWA Innovative Street Design and Accessibility Amalia co-led this workshop, engaging federal, state, and local agencies with accessible design, specifically for the visually disabled. Workshop attendees were taken into the built environment to experience the accessibility of Seattle’s existing shared streets and separated bike lane infrastructure. Toole Design authored a final report summarizing key takeaways from this workshop along with guidelines for innovative street design. 21st Avenue, Paso Robles, CA Amalia led a team to redesign improve the safety and function of a commercial and residential street in west Paso Robles. The scope of the project was to develop 30% design drawings for sidewalk and intersection crossing improvements, a center median, and stormwater infrastructure. PROJECT ENGINEER | PRINCIPAL-IN-CHARGE PROFESSIONAL HIGHLIGHTS Years of Experience: 17 Toole Design: 2017-Present MIG/SvR: 2002-2017 EDUCATION/ CERTIFICATION Bachelor of Science, Civil Engineering, University of Washington: 2002 Professional Engineer: CA, WA American Institute of Certified Planners APPOINTMENTS/ AFFILIATIONS Chair, Seattle Planning Commission: 2014-2016 American Planning Association Institute of Transportation Engineers Urban Land Institute Aviation High School, 2012-2014 Bridge Program Trainer, Seattle Works, Public Boards and Commissions, 2007-2015 American Planners Association Ten Big Ideas Initiative AMALIA LEIGHTON CODY, P.E., AICP Exhibit A 1.7CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM Nat is Toole Design’s Southern California Office Director. Nat joined Toole Design after nine years with the City of Los Angeles, most recently as the Director for LADOT’s Vision Zero program. There he led a team focused on policy, programs, and projects that prioritize the safety of the most vulnerable users on our streets. During his tenure, Nat grew his team from 3 contractors to 15 full-time staff, and from a budget of $3 million for program development to $30 million for safety engineering, project development, urban design, marketing, education, community engagement, implementation, and project evaluation. SELECTED PROJECT EXPERIENCE Santa Monica Wilshire Boulevard Safety Analysis, Santa Monica, CA Nat serves as the project manager leading the methodical assessment of safety issues along the Wilshire Corridor and the identification of targeted safety countermeasures, including low-cost enhancements. The team will prepare concepts through a robust public outreach and engagement process. The team will also prepare cost estimates for design and identify funding sources to expedite the next phase of implementation. Long Beach Systemic Safety Analysis and Vision Zero Action Plan, Long Beach, CA Nat serves as deputy project manager for the development of the City of Long Beach’s Street Safety Action Plan. This effort includes the research and development of a best practices and policy gap memo, data collection and consolidation, a systemic safety analysis, the design and prioritization of safety countermeasure fact sheets, writing goals and strategies, conducting stakeholder outreach, and developing the final Action Plan document. Vision Zero Action Plan, Los Angeles, CA Nat oversaw the development of the City of Los Angeles’s first ever Vision Zero Action Plan, companion Safety Study, and subsequent Progress Report. This body of documents included a comprehensive five-year collision and infrastructure data analysis to develop project and program priorities for the first year of Vision Zero implementation and evaluation. Vision Zero Community-Based Engagement, Los Angeles, CA Nat oversaw the development of a $500,000 community-based education and engagement program, funding local artists and community organizations to translate Vision Zero core principles into culturally sensitive, community specific messages and education opportunities. Caltrans District Level Active Transportation Plans Nat is managing the development of Active Transportation Plans for each of the California Department of Transportation’s 12 Districts. His work includes conducting active transportation needs analysis for the state highway system across Southern California, facilitating stakeholder committees, and leading site visits to inform the final planning document. PROJECT MANAGER PROFESSIONAL HIGHLIGHTS Years of Experience: 11 Toole Design: 2018-Present Los Angeles Department of Transportation: 2016-2018 Office of Los Angeles Mayor Eric Garcetti: 2013-2015 Office of Los Angeles Mayor Antonio Villaraigosa: 2009-2013 Ami Adini & Associates, Inc.: 2008-2009 Pacific Geotechnical, LLC: 2008 EDUCATION/ CERTIFICATION Master of Urban Planning and Public Administration, University of Southern California: 2011 Bachelor of Science, Civil, Environmental Engineering, and History, Columbia University: 2008 NAT GALE Exhibit A 1.8 TOOLE DESIGN Frank is a researcher who is passionate about multimodal traffic safety and using his strong analytical and research background to support communities interested in achieving Vision Zero. Frank’s primary research interests include traffic safety analysis methods and nonmotorized exposure estimation. Prior to joining Toole Design, Frank worked for other transportation consulting firms and spent four years at the UC Berkeley Safe Transportation Research and Education Center while he was in graduate school. He has worked on safety analysis projects, transportation plans, and nonmotorized counting projects throughout the U.S. In his dissertation, Frank developed a method to predict bicycle traffic volumes across a network by fusing together multiple datasets, including regional travel demand models, counts, crowdsourced activity data, and bikeshare usage data, with the goal of informing future assessments of bicyclist crash risk. SELECTED PROJECT EXPERIENCE Sacramento Systemic Safety Analysis Report, Sacramento, CA Frank is a researcher for this project to examine trends in both hotspots and systemic safety for the City of Sacramento. Toole Design is analyzing pedestrian and bicycle safety, selecting countermeasures, and conducting outreach within the City. Frank’s responsibility is to complete a thorough analysis of the data to identify risk trends and high priority locations. West Sacramento Systemic Safety Analysis Report, West Sacramento, CA Frank is the Project Manager examining trends in both hotspots and systemic safety for the City of West Sacramento. He is leading the pedestrian and bicycle crash data analysis, selection of countermeasures, and completion of 30% designs for selected priority locations. He is also responsible for keeping the project on time and within budget. Long Beach Systemic Safety Analysis Report and Vision Zero Action Plan, Long Beach, CA Frank is a researcher for this project examining safety trends and developing a Vision Zero Action Plan for Long Beach, CA. He will analyze historic safety patterns throughout the city, and use these findings to inform a systemic safety analysis report and a Vision Zero Action Plan. Frank is in charge of assembling the GIS datasets and will assist with coordinating the analysis. Marin County Systemic Safety Analysis Report, San Rafael, CA Frank was the Deputy Project Manager for Toole Design’s involvement in this traffic safety research project. Toole Design was responsible for the analysis component of the project, including identifying collision hotspots and systemic safety issues throughout the County. Frank constructed various roadway measures, such as roadway horizontal curvature and slope, and conducted the systemic data analysis. Tahoe Safety Plan, Tahoe, NV Frank is a researcher on this project to develop a safety plan for the Lake Tahoe region. He has written multiple Python scripts to identify crash hotspots and evaluate systemic causes of crashes. His work provides the base for countermeasure selection at hotspots and system-wide. He also worked to identify issues with crash data and underreporting. SENIOR SAFETY SPECIALIST PROFESSIONAL HIGHLIGHTS Years of Experience: 8 Toole Design: 2017-Present Alta Planning and Design: 2016-2017 University of California, Berkeley Safe Transportation Research and Education Center: 2012-2017 EDUCATION/ CERTIFICATION Doctor of Philosophy, Civil and Environmental Engineering, University of California, Berkeley: 2016 Master of Science, Civil Engineering (Transportation), Master of City Planning, University of California, Berkeley: 2013 Bachelor of Science, Physics/ Bachelor Arts, Environmental Studies, University of California Santa Cruz: 2011 PUBLICATIONS Proulx, F. and A. Pozdnukhov. “Bicycle Traffic Volume Estimation using Geographically Weighted Data Fusion.” In Review, 2017. Proulx, F.R., R.J. Schneider, and L.F. Miranda-Moreno. “Performance evaluation and correction functions for automated pedestrian and bicycle counting technologies.” Journal of Transportation Engineering. 142(3), 2016. FRANK PROULX, PHD Exhibit A 1.9CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM Carlos is a project planner in Toole Design’s Los Angeles office. He draws from his experience in street design and project delivery to improve safety and comfort for people walking and bicycling. Most recently, Carlos worked with the Los Angeles Department of Transportation (LADOT), where he developed pedestrian safety projects for the city’s Vision Zero initiative. Before LADOT, Carlos worked with the City of Oakland’s Department of Transportation (OakDOT) planning and implementing the city’s 850-bike, 70-station bikeshare system and coordinating implementation of the city’s first separated bike lane. He specializes in multimodal planning and design, public engagement with Spanish-language communities, and temporary demonstration projects. SELECTED PROJECT EXPERIENCE Los Angeles Vision Zero Priority Corridors, Los Angeles, CA Carlos served as a Project Planner responsible for improving safety on five Vision Zero priority corridors. His duties included analyzing crash data to develop conceptual design for signal improvements, road reconfigurations, separated bike lanes, and crosswalk improvements. He also coordinated community engagement and was responsible for communicating the scope of the projects to mono-lingual Spanish speaking audiences. Los Angeles Play Streets, Los Angeles, CA Carlos served as Program Manager responsible for implementing the Los Angeles Play Streets program which temporarily closed 15 neighborhood streets to vehicular traffic for families and children to gather, relax, and play. His responsibilities included designing and implementing temporary traffic control plans for street closures and supervising the operations and logistics for the all the events. Los Angles People Street, Los Angeles, CA Carlos served as Program Manager for the application-based People Street program. His responsibilities included guiding applicants through the development process for building plazas and parklets throughout Los Angeles. Carlos also worked with city agencies to establish safety design standards and approvals for each project. Desert Riders Bike Program, North Shore, CA Carlos planned, developed, and implemented a youth-led bike repair and lending program. He was responsible for organizing a youth group, managing a program budget, procuring bicycles and repair equipment, and leading active transportation and street safety planning charrettes with the broader community and stakeholders. Telegraph Avenue Complete Streets, Oakland, CA Carlos coordinated the implementation and community outreach for the Telegraph Avenue Complete Streets project. His responsibilities included producing visual communication materials for the City of Oakland’s first separated bike lane, conducting construction notification to businesses, and coordinating the installation of traffic control devices for the debut of the project. DEPUTY PROJECT MANAGER PROFESSIONAL HIGHLIGHTS Years of Experience: 6 Toole Design: 2019-Present Los Angeles Department of Transportation: 2017-2019 City of Oakland Department of Transportation: 2014-2017 Kounkuey Design Initiative: 2013-2014 EDUCATION/ CERTIFICATION Master of Arts, Urban and Regional Planning, University of California: 2014 Bachelor of Arts, Urban Studies and Planning, California State University: 2011 CARLOS HERNANDEZ Exhibit A 1.10 TOOLE DESIGN Joel is an engineer with design and planning backgrounds in local and regional bicycle, pedestrian, and transit projects. His experience includes state-of-the- art bicycle and pedestrian infrastructure design; project budget and schedule management; bicycle, pedestrian, and transit access planning; cost estimation; and meaningful community engagement. Joel uses his knowledge of design standards coupled with his planning experience to create feasible and effective active transportation solutions that promote walking, bicycling, and transit use by people of all socioeconomic backgrounds and physical abilities. SELECTED PROJECT EXPERIENCE West Sacramento Systemic Safety Analysis Report Program, West Sacramento, CA Joel is serving as a data analyst, examining trends in both hotspots and systemic safety for the City of West Sacramento. He is using crash data from the Statewide Integrated Traffic Records System (SWITRS) and his diagrams will support the selection of countermeasures and the prioritzation of projects. Unincorporated Alameda County Systemic Safety Analysis Report Program, Alameda County, CA Joel is serving as a data analyst, working to pull crash data from the Statewide Integrated Traffic Records System (SWITRS). The data pulled will be used in the creation of crash diagrams for roadways throughout unincorporated Alameda County. Alameda County Bicycle and Pedestrian Plan for Unincorporated Areas, Alameda County, CA Joel is serving as a planner responsible for a variety of tasks, including the development of presentations for public meetings and researching existing safety studies in the project area. His responsibilities include general coordination with the Alameda County Public Works Agency. Interim Jean Sweeney CAT/Sherman Street Safety Improvements, Alameda, CA Joel served as an engineer, responsible for developing a conceptual interim design where the Cross Alameda Trail (CAT) will terminate at Sherman Street over the next few years before a CAT extension is constructed. His interim design ensured pedestrian and bicyclist safety and comfort through enhanced crossing treatments (e.g., RRFB signage, high-visibility green thermoplastic bike crossing pavement markings) and extensive wayfinding at the terminus of the CAT. Joel also conducted a quantity takeoff analysis and provided a cost estimate for his designs. Napa Countywide Bicycle Plan Update, Napa Valley, CA Joel is serving as a planner responsible for drafting components of the individual jurisdiction plans for the City of Napa, American Canyon, Calistoga, Yountville, and St. Helena, which compose the overall Countywide Bicycle Plan. He contributions include text on city contexts and backgrounds, their existing bicycle networks, crash data, proposed bicycle networks, and support programs to supplement new infrastructure. ENGINEER PROFESSIONAL HIGHLIGHTS Years of Experience: 4 Toole Design: 2015, 2017-Present SMA Rail Consulting + IT, Corporation: 2016-2017 EDUCATION/ CERTIFICATION Master of Science, Engineering, Concentration in Transportation, Northeastern University: 2016 Bachelor of Science, Civil Engineering, Northeastern University: 2016 JOEL SHAFFER Exhibit A 1.11CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM Erin is a Kittelson principal engineer with multimodal transportation planning and engineering experience that includes conducting applied national research as well as analysis and design to plan and implement on-the-ground multimodal safety improvements. Early in her career, Erin was a researcher and co-author of the American Association of State Highway and Transportation Official’s (AASHTO) Highway Safety Manual, first edition. She is now leading the production of the AASHTO’s HSM, Second Edition, via the National Cooperative Highway Research Program (NCHRP) Project 17-71 research project. Erin has experience conducting safety research focused on moving from the profession’s traditionally reactive approach to improving safety (i.e., making decisions based only on crash data), to a more proactive approach that uses crash prediction and risk-based models. She understands how the risk-based and probability-based crash prediction models and techniques are developed, making her particularly effective at helping agencies apply these at system-wide as well as site-specific scales. SELECTED PROJECT EXPERIENCE Intersection Roadway Network Study Systemic Safety Analysis Report, San Pablo, CA Erin is project manager for Kittelson’s work to evaluate the City of San Pablo’s high-injury street network in order to identify systemic safety risk factors and key priority locations for potential safety improvements. The firm is evaluating these locations using safety performance measures from the Highway Safety Manual to assess crash frequency, severity, and proportions of specific crash types. This approach is complemented by a systemic safety risk factor analysis to assess existing roadway characteristics and traffic patterns influencing crashes. Kittelson is developing HSIP grant-ready projects and applications. Town of Colma Systemic Safety Analysis Report Corridors Study, Colma, CA Erin is project manager for Kittelson’s work to evaluate nine arterial corridors and constituent intersections to identify systemic safety risk factors and key priority locations for potential safety improvements in the Town of Colma. The study corridors are high-risk locations where fatal and severe injuries have occurred. The scope includes safety performance measure evaluations, systemic safety risk factor analysis, in-person and online community outreach, and development of HSIP grant- ready project scopes and concept designs for the highest-priority projects. Lake Tahoe Region Safety Plan, Lake Tahoe, NV/CA Erin led Kittelson’s work to conduct a regional safety analysis of the Lake Tahoe Region to identify key priority locations for potential safety improvements and to identify systemic risk factors across the region. This analysis will be folded into a broader Lake Tahoe Region Safety Plan and will identify opportunities to standardize design volume analysis methods for the region based on a collaborative project development team process. For the highest priority locations within the region, the Toole Design and Kittelson team is developing 30% design plans and HSIP applications for the most competitive projects to help the TRPA region secure funding for improvements. SENIOR ENGINEER PROFESSIONAL HIGHLIGHTS Years of Experience: 14 Kittelson & Associates, Inc.: 2005-Present EDUCATION/ CERTIFICATION Master of Science, Civil Engineering, University of Texas: 2010 Bachelor of Science, Civil Engineering, University of Portland: 2005 Professional Engineer: CA No. 82220 Road Safety Professional AFFILIATIONS Transportation Research Board, Committee on Highway Safety Performance, Member Transportation Research Board, Committee on Safety Data, Analysis, and Evaluation, Member Women in Transportation Seminar, Member ANB20, Member ERIN FERGUSON, P.E., RSP Exhibit A 1.12 TOOLE DESIGN Matt brings multimodal transportation planning experience with a focus on safety and active transportation planning and data analysis. His work ranges from establishing policy and program goals and objectives to prioritization and project development. Matt led the Monterey County’s SSARP analysis study, which evaluated all signalized intersections within the county, and he has been a task leader for all phases of analysis and the interim project manager for the final phase of the Clark County Transportation Safety Management Plan. Currently, he is serving as project manager for the City of Millbrae SSAR and Active Transportation Plan. Matt is adept at preparing project summary sheets for intersections to assist clients with future HSIP project applications. He is skilled at developing and implementing GIS-based safety tools for safety projects including the City of Oakland Pedestrian Safety Strategy and the State of Oregon’s Statewide Pedestrian and Bicycle Safety Implementation Plan. In 2018 alone, Matt prepared 23 HSIP grants (14 of which successfully received funding) for seven agency clients for Cycle 9 funding totaling more than $33 million. SELECTED PROJECT EXPERIENCE Monterey County Systemic Safety Analysis Report Program, Monterey County, CA Matt is currently managing the SSARP study for the County of Monterey. This study is evaluating intersections across the county in order to develop a typology of intersection types and systemic treatments that can be applied at each location type. As part of the project, individual summary cut sheets of crash and geometric characteristics, as well as potential countermeasures, are being identified for each site. The final products for the SSARP analysis study will flow into future HSIP grant applications to allow the county to successfully compete for upcoming safety funding cycles. Lake Tahoe Region Safety Plan, Lake Tahoe, NV/CA Matt is a safety analysis specialist for a regional safety analysis of the Lake Tahoe Region to identify key priority locations for potential safety improvements and to identify systemic risk factors across the region. This analysis identifies opportunities to improve coordination between jurisdictions related to safety across the region and standardize crash data and will identify opportunities to standardize design volume analysis methods for the region based on a collaborative project development team process. The team is developing 30% design plans and HSIP applications for the most competitive projects to help the TRPA region secure funding for improvements. Millbrae Avenue Corridor Systemic Safety Analysis Report, Millbrae, CA Matt is project manager for Kittelson’s work with the City of Millbrae to evaluate the city’s safety performance, with a focus on the Millbrae Avenue corridor from El Camino Real to Old Bayshore Highway. This is a high-priority corridor to improve safety given the US 101 interchange ramp terminals and the numerous multimodal connections to stations and trails. The evaluation screened the City’s transportation network using safety performance measures from the Highway Safety Manual to assess crash frequency and severity, and evaluated citywide crash patterns to determine potential crash risk factors. Based on this analysis, long-term and low-cost, near-term safety improvement design concepts were developed for the Millbrae Avenue corridor. PLANNER PROFESSIONAL HIGHLIGHTS Years of Experience: 7 Kittelson & Associates, Inc.: 2012-Present EDUCATION/ CERTIFICATION Masters in City Planning, Transportation Planning, University of California Berkeley: 2012 Bachelor of Arts, Geography and Political Science, University of California Los Angeles: 2008 APPOINTMENTS/ AFFILIATIONS American Planning Association Young Professionals in Transportation Association of Pedestrian and Bicycle Professionals PUBLICATIONS Schneider, Robert J., Offer Grembek and Matt Braughton. “Pedestrian Crash Risk on Boundary Roadways: University Campus Case Study.” Transportation Research Record #2393, Transportation Research Board, 2013 MATT BRAUGHTON, RSP Exhibit A 1.13CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM Hassan is an engineer with experience working on traffic engineering and transportation planning projects. Hassan was Kittelson’s lead analyst for the City of Placentia SSAR. Hassan uses a variety of modeling and analysis tools, such as Synchro, SIMTraffic, Traffix, Vistro, and VISSIM, to complete transportation studies that evaluate parking, traffic impacts, corridors, multimodal operations, event management, and public outreach applications. His work has included data collection, existing and future conditions assessment, roadway segment and intersection operational analyses, report preparation, identification of mitigation alternatives, site access evaluations, site circulation evaluations, and parking analyses. Hassan’s combined background in civil engineering and transportation system science helps identify solutions to transportation challenges that are practical and implementable. SELECTED PROJECT EXPERIENCE San Jacinto General Plan Update and Environmental Impact Report, San Jacinto, CA Hassan is assisting in the development of the City of San Jacinto General Plan Update and EIR. His role includes examining existing transportation conditions to establish a baseline and understand the City’s transportation needs, developing the Mobility Element, and assessing the General Plan Update’s transportation impacts for the EIR. AVEP Solar Panel Facility and Traffic impact Analysis, Kern County, CA Hassan served as project manager for the proposed solar panel facility in Kern County, California. He led all aspects of the analysis, including data collection, assessment of existing and future conditions, assessment of roadway segment and intersection operations, assessment of construction traffic, and identification of mitigation alternatives. Land Park Commercial Center Design Concept Report, Sacramento, CA Hassan provided traffic operations analyses for the Design Concept Report (DCR) associated with the signal improvements along Freeport Boulevard. The signal improvements were proposed to improve the crosswalks at the signals adjacent to the Land Park Commercial Center project and enhance pedestrian connectivity to the project. Hassan led the traffic analysis, assisted in developing the design concepts for the different alternatives for these improvements, and documented the findings for City of Sacramento review and approval in a DCR. 2300 Redondo Avenue Industrial Warehouse Development Transportation Impact Assessment, Long Beach, CA Hassan served as project manager for the proposed industrial warehouse development. He led all aspects of the analysis, including data collection, assessment of existing and future conditions, assessment of roadway segment and intersection operations, assessment of parking, identification of mitigation alternatives, and evaluation of site access and circulation. ENGINEER PROFESSIONAL HIGHLIGHTS Years of Experience: 7 Kittelson & Associates, Inc.: 2016-Present Gibson Transportation Consulting, Inc.: 2013-2016 EDUCATION/ CERTIFICATION Master of Business Administration, UCLA Bachelor of Science, Civil Engineering, University of California Irvine: 2012 Traffic Engineer: CA, No. 2813 AFFILIATIONS Institute of Transportation Engineers, LeadershipITE Class of 2016 Institute of Transportation Engineers, Student Liaison Chair for the Southern California Section International Council of Shopping Centers, Member HASSAN AHMED, TE Exhibit A South Street Playground Urban Forestry Center Pierce Island Clough Field Leary Field Maple Haven Park Strawbery Banke Museum Prescott Park Pannaway Playground Lafayette Playground Packer Bog Preserve Wentworth Coolidge Historic Site McDonough Street Playground Hislop Field Cater Park Haven ParkGoodwin Park Alumni Field Langdon Park Pine Street Playground Portsmouth Plains Field 1 1 0 1½¾¼ miles Portsmouth Bicycle and Pedestrian Plan EXISTING CONDITIONS ANALYSIS MARCH 2014 Transit Access and Walkability existing sidewalks major origin major destination transit stop pedestrian crash location (2009-2013) ¼ mile distance from transit stop ½ mile distance from transit stop xxxxxxxxxx APPROACH AND METHODOLOGY 2Exhibit A 1.14 TOOLE DESIGN LONG BEACH SSARP LONG BEACH, CA Toole Design and Kittelson are supporting the City of Long Beach in developing a SSARP and Vision Zero Action Plan to eliminate serious and fatal crashes by 2026. Toole Design is leading a systemic safety analysis of crash and roadway data to identify high-risk factors and locations, and to develop crash profiles that can be addressed through both low-cost systemic countermeasures and capital improvement projects. Toole Design will prioritize safety improvements identified from the systemic safety analysis and assist the City with a Highway Safety Improvement Program grant application. Safety countermeasures will also be integrated into the City’s Vision Zero Action Plan. PROJECT EXPERIENCE The Toole Design Team brings both national active transportation expertise and local project experience to the Hermosa Beach SSARP project. To further inform the Action Plan and to identify other strategies to meet the City’s ambitious goal, Toole Design is conducting a best practice and policy gap analysis, and is engaging stakeholders. Engagement strategies include listening meetings, a roving display that highlights personal stories of lives impacted by traffic violence, and visually captivating and interactive pop-up installations to collect stakeholder feedback on what strategies the City should pursue to make streets safer. HIGHLIGHTS: First California city to use a state-funded systemic safety analysis program to inform and fund a Vision Zero Action Plan Very aggressive target (by 2026) for eliminating serious and fatal crashes Creative and inclusive stakeholder engagement strategies focused on personalizing traffic violence A strong emphasis on equity and trying to correct historic lack of investment in lower income communities Toole Design worked with community stakeholders to prioritize safety improvements from the systemic safety analysis. Exhibit A 1.15CITY OF HERMOSA BEACH CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM WILSHIRE BOULEVARD CORRIDOR SAFETY ENHANCEMENT STUDY SANTA MONICA, CA Toole Design is currently working on a safety analysis project in Santa Monica, CA. The Wilshire Boulevard corridor is a key corridor in the Southern California region and has to balance many needs. As the City of Santa Monica invests in citywide Vision Zero analysis, this corridor’s fatalities demand attention. In response to the City’s Vision Zero goals, Toole Design is analyzing existing conditions, leading a road safety audit, coordinating public engagement, developing conceptual design alternatives, and writing a final report. This methodical assessment will identify targeted safety countermeasures in support of the City’s Vision Zero initiative, including low cost safety countermeasures that can be rapidly implemented. As the project progresses towards the conceptual design phase, Toole Design will be responsible for developing plans to 30% (or more) with detailed cost estimates. HIGHLIGHTS: ▪Infrastructure work coordinated with citywide “Take the Friendly Road” education campaign ▪Safety data will include systemic analysis as well as detailed collision diagrams for each intersection ▪City is interested in pursuing a phased implementation approach LAKE TAHOE REGION SAFETY PLAN STATE LINE, CA The Lake Tahoe region is a vibrant tourist destination that attracts visitors year-round for outdoor activity and casino entertainment. This project aims to create a comprehensive safety plan for the region. The work entails an analysis of motorist, bicyclist, and pedestrian crash data to identify trends, hot spots, and systemic patterns that can be addressed through countermeasures. The results of the analysis are being used to identify systemic and spot treatments that can address high crash locations and locations that may be more likely to experience crashes in the future. This project has also produced recommendations for working with multiple state crash databases and addressing crash reporting gaps. Toole Design is working with stakeholders to develop targeted countermeasure recommendations that provide for a safer future for all Lake Tahoe travelers. Toole Design is analyzing the bicycle and pedestrian crash data and recommending relevant countermeasures, leading crash data improvement recommendations, and serving as advisors for the remainder of the project. The project will conclude with applications to Caltrans’ Highway Safety Improvement Program (HSIP) with several design plans, to help fund the region’s attempts to increase safety. HIGHLIGHTS: ▪Systemic safety analysis at the regional scale ▪Working with data from multiple states ▪Safety analysis for a major tourist destination Toole Design uses crash data to identify high crash locations. Exhibit A 1.16 TOOLE DESIGN SACRAMENTO SYSTEMIC S AFETY ANALYSIS REPORTING SACRAMENTO, CA Toole Design and Kittelson are analyzing contributing factors to high-crash-rate locations throughout the entire City of Sacramento roadway network, developing implementable countermeasures consistent with the city’s Vision Zero action plan, and identifying locations with the highest benefit–cost ratio eligible to receive future HSIP grants. The team’s proactive safety management approach will form the basis of analysis for the SSAR, and is consistent with the City’s January 2017 adopted goal for Vision Zero, aimed at eliminating traffic deaths and severe injuries in Sacramento by 2027 (Resolution 2017-032). The team is using a data-driven approach for development of the SSAR, including countermeasures development. HIGHLIGHTS: Very aggressive target (by 2027) for eliminating serious and fatal crashes Developing benefit-cost information for future HSIP grants Sacramento SSAR network of screening results. SAN PABLO INTERSECTION ROADWAY NETWORK STUDY SSAR SAN PABLO, CA Kittelson evaluated the public streets across the City of San Pablo to identify systemic safety risk factors and key priority locations for potential safety improvements. This included identifying high risk corridors based on crash severity and geometric characteristics. Kittelson evaluated those corridors based on safety performance measures from the Highway Safety Manual to assess crash frequency, severity, and proportions of specific crash types (e.g., pedestrian crashes). This approach was complemented by a systemic safety risk factor analysis to assess existing roadway characteristics and traffic patterns across the study corridors and identify key factors that may be influencing crashes. Kittelson then developed priority projects for the City’s consideration, held a community workshop to gather input, and developed successful HSIP grant applications (in HSIP Cycle 9) for the City of San Pablo to advance their highest priority projects towards construction. HIGHLIGHTS: Evaluated corridors based on the Highway Safety Manual measures Developed successful HSIP grant applications Exhibit A 2.1CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM PROJECT UNDERSTANDING The City of Hermosa Beach has invested in a series of planning efforts to develop a shared vision and understanding for the future of mobility. This beachside community has vibrant commercial corridors, quaint residential neighborhoods, and a bustling coast. Thirty-six percent of weekend visitors travel three miles or less to visit Hermosa Beach, exhibiting a local demand for recreational access. 1,000 bikes per hour can commonly be found on the Strand on weekends, and every day 50,000 vehicles make their way through Hermosa on the Pacific Coast Highway (PCH). PLAN Hermosa articulates a vision for complete, safe, sustainable infrastructure to support the growing demands on the city’s transportation network. This concentration of activity has simultaneously highlighted focused safety issues in the community. From 2008 – 2012, vehicle collisions decreased by 32%, while the number of collisions involving a pedestrian or bicyclist has remained constant and now represent in a higher overall share of total collisions. A geospatial analysis of the five-year collision information has identified key hotspots in the area, as well as highlighted the PCH corridor as a major safety issue. During that five-year period, 45% of all vehicle collisions occurred on PCH. Hermosa Beach has a growing history of safety improvement projects. In 2010, the City was awarded a Highway Safety Improvement Project (HSIP) to upgrade an intersection adjacent to Valley School. PLAN Hermosa highlights the Pier Ave redesign in Downtown Hermosa Beach, which reduced pedestrian-involved crashes by 40%. The 2016 award of an Systemic Safety Analysis Report Program (SSARP) grant presents an opportunity for the City to proactively address safety in a systemic manner, and better compete for state funding to address safety issues in the community. In order to be successful, we believe this project must address the following key themes: Mode Specific. Each hotspot location or corridor will require a detailed collision investigation to understand the unique conditions involved in the crash patterns. Vehicle-to-vehicle crashes will require a different approach than collisions involving people walking and biking. The City has done a preliminary analysis to isolate key locations for investigation. The analysis team will need a unique understanding of how to analyze, interpret, and address the difference in modal crashes. Best Practices. PLAN Hermosa clearly calls out a vision for Hermosa Beach as a forward-thinking city committed to leading-edge analysis and innovation. The most qualified team for the SSARP work will be able to draw upon local, state, and national best practices in safety improvements, and help identify transportation trends that position Hermosa Beach at the front lines of innovation. Funded Countermeasures. At the same time, the plan must result in grounded, implementable countermeasures based on knowledge of the Local Roadway Safety Manual for the State of California. In order to quickly address safety needs, a suite of low-cost, high-impact countermeasures will need to be identified through this work. The Toole Design Team meets all three of the above themes. From our statewide work with Caltrans developing a district-level Active Transportation Plan, to our local safety projects in Long Beach and Santa Monica, we know how to innovate in the Southern California environment while keeping a focus on implementable projects and plans. We can’t wait to get to work. Exhibit A 2.2 TOOLE DESIGN We have assembled a team with significant experience working with the data needed for the Caltrans SSARP. Our project approach reflects that knowledge, and will best position Hermosa Beach to meet their desired schedule while assuring the highest quality outcome that leads to project implementation. TASK 1: PROJECT CONTRACTING TASK 1.1: KICKOFF MEETING The Toole Design Team will hold a project kickoff meeting with City and Caltrans staff, as available, at the beginning of the project. During this meeting, we will: ▪Discuss project objectives, key outcomes, and potential safety improvement projects ▪Discuss the monthly interdepartmental meetings and identify key stakeholders who should be invited ▪Discuss data availability ▪Communicate our QA/QC procedures ▪Discuss the overall schedule/key milestones for the project, including scheduling of meetings and community workshops ▪Finalize project scope Toole Design will summarize the meeting in a meeting summary document. TASK 1.2: INTERDEPARTMENTAL STAFF MEETINGS The Toole Design Team will hold monthly interdepartmental meetings including city staff and Caltrans staff, as available. In these meetings, we will discuss project progress and critical decision points. Regular communication in this form will help to keep the project on schedule and on budget by frequently engaging critical stakeholders. Our proposed engineer- in-charge will attend up to four of these meetings in person, three of which will be scheduled to coincide with the dates of the community workshops. We anticipate the following schedule of topics at these meetings and the community outreach workshops detailed in Task 2.1. Month Topic(s) 1 Project Kickoff 2 Data Analysis Draft Results 3 Countermeasure Selection Interdepartmental Meeting: Data analysis draft results and discussion of community-identified issues 4 Draft Project Summaries Interdepartmental Meeting: Potential countermeasures and community-identified projects 5 Project Prioritization/Benefit-Cost Analysis Interdepartmental Meeting: Feedback on drafts 6 Final Projects and Draft SSAR 7 Final SSAR 8 City Council Meeting TASK 1 DELIVERABLES: ▪Lead the kickoff meeting ▪Agenda, meeting materials, notes, and action items ▪Meeting summary ▪Monthly meetings with summary notes APPROACH The Toole Design Team has conducted over a dozen SSAR projects in California and will bring a unique understanding of what it takes to get projects funded and implemented. Exhibit A 2.3CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM TASK 2: COMMUNITY OUTREACH TASK 2.1: COMMUNITY WORKSHOPS Toole Design recognizes the importance of regular community engagement when planning infrastructure changes, particularly when related to topics as sensitive as traffic safety. Toole Design will host up to three (3) community workshops to communicate about the study with members of the public, including stakeholders, business leaders, civic leaders, residents, and community- based organization. These community workshops will be structured to focus on the following topics: ▪Project overview, opportunities, and initial crash data analysis results ▪Final crash data overview, potential counter- measures, and solicit feedback on community- identified needs ▪Present and solicit feedback on draft-final projects Toole Design’s Southern California office staff will publicly notice and host these workshops, and is prepared to do so without the support of City staff. Toole Design will summarize the workshops in written form, and will provide a summary to City staff no later than two weeks following the workshop. TASK 2 DELIVERABLES: ▪Community Workshop PowerPoint presentation ▪Community Workshop summary, photos TASK 3: SSARP STUDY TASK 3.1: PRELIMINARY STUDY RESULTS The Toole Design Team will develop a draft Systemic Safety Analysis Report (SSAR), following guidance from Caltrans via the Local Roadway Safety Manual and SSAR requirements. Members of the Toole Design Team are intimately familiar with the process of developing these reports from our experience developing approximately 20 SSAR projects throughout the state. We have seen a wide variety of approaches to the process, and are comfortable adapting our approach to fit the community needs while fulfilling the requirements of the grant program. Based on this experience, Toole Design and Kittelson have collectively secured funding for 18 HSIP Cycle 9 safety projects based on the results of our analysis. The draft SSAR will include the following: ▪Identification of crash data source. The Toole Design Team recommends using data from the Traffic Injury Mapping System (TIMS) for the most recent five years of finalized data, currently 2011-2015 ▪Analysis of crash data to identify common crash types and draft high-priority locations ▪Identification of potential countermeasures ▪Development of safety projects based on data analysis and community input ▪Calculation of project benefit/cost ratios and project prioritization The Toole Design Team will use the most recent crash data and calculate project benefit/cost ratios for project prioritization. Exhibit A 2.4 TOOLE DESIGN Toole Design will present the draft SSAR to Executive Staff from the Department of Public Works, Community Development Department, City Manager, and City Council. TASK 3.2: FINAL SSAR STUDY PRESENTATION Based on feedback received on the Draft SSAR during community workshops and meetings with Executive Staff, The Toole Design Team will prepare and present a final report to City staff. TASK 3.3: CITY COUNCIL ADOPTION OF SSAR Toole Design’s project manager and Project Engineer/ Principal-in-Charge will present the final SSAR to the City Council for approval. Toole Design will submit meeting notes on this agenda item following the meeting. TASK 3 DELIVERABLES: ▪Draft SSAR study ▪Final report including data, meeting results, and preliminary recommendations ▪Final Report presentation and meeting notes 0 1.5 3 4.5 60.75 Miles Basemap: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Data: MarinMap, Open Street Map, hand-checked and interpolated by the consultant team Legend Speed Limit 15 - 25 mph 30 - 35 mph 40 - 45 mph 50 - 55 mph Roadway Characteristics: Speed Limits Mill Valley Sausalito Fairfax San Rafael Novato Marin County SSARP DRAFT 10.12.2017Basemap: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Crash data: UC Berkeley Transportation Injury Mapping System and City of Novato Police Department. Data excludes state highways. Auto Crashes LegendAuto Crashes!1 to 2 crashes!3 to 5 crashes !6 to 10 crashes !More than 10 crashes KSI crash KSI = killed or seriously injured 0 3.5 7 10.5 141.75Miles On Marin County Collector and Arterial Streets 2012 - 2016 Marin County SSARP DRAFT 10.12.2017 Mill Valley Sausalito Fairfax San Rafael Novato 0 1.5 3 4.5 60.75 Miles Basemap: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Data: MarinMap, Open Street Map, hand-checked and interpolated by the consultant team Legend Speed Limit 15 - 25 mph 30 - 35 mph 40 - 45 mph 50 - 55 mph Roadway Characteristics: Speed Limits Mill Valley Sausalito Fairfax San Rafael Novato Marin County SSARP DRAFT 10.12.2017 Basemap: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Crash data: UC Berkeley Transportation Injury Mapping System and City of Novato Police Department. Data excludes state highways. Auto Crashes Legend Auto Crashes !1 to 2 crashes !3 to 5 crashes !6 to 10 crashes !More than 10 crashes KSI crash KSI = killed or seriously injured 0 3.5 7 10.5 141.75Miles On Marin County Collector and Arterial Streets 2012 - 2016 Marin County SSARP DRAFT 10.12.2017 Mill Valley Sausalito Fairfax San Rafael Novato Toole Design will develop easy to understand maps and graphics to use for communication throughout the project process, from initial community workshops to final presentations at City Council. TASK 4: PROJECT MANAGEMENT AND ADMINISTRATION TASK 4.1: PROJECT ADMINISTRATION Toole Design will hold weekly teleconferences with City staff to help keep the project on schedule and on budget. Monthly progress reports and invoices will be submitted to the City detailing the previous month’s efforts. TASK 4.2: REPORTING Toole Design will submit draft quarterly progress reports for the City project manager to provide to Caltrans. TASK 4 DELIVERABLES: ▪Monthly progress reports ▪Quarterly reports and invoices Exhibit A 2.5CITY OF HERMOSA BEACH SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM TASK DESCRIPTION MONTH 1 2 3 4 5 6 7 8 1 KICKOFF MEETING AND PROJECT MANAGEMENT 1.1 Project Kickoff Meeting NTP 1.2 Project Management 1.3 Monthly Staff Meetings 1.4 Weekly Teleconference 1.5 Monthly Progress Reports and Invoicing 2 COMMUNITY OUTREACH 2.1 Community Workshops 3 SSARP STUDY 3.1 Data Analysis 3.2 Countermeasure Selection 3.3 Project Development and Prioritization 3.4 Draft SSAR and Presentations 3.5 Final SSAR D 3.6 Present SSAR to City Council D SCHEDULE The Toole Design Team is ready and available to launch and execute this project. We are committed to meeting your deadlines and achieving your objectives. LEGEND Notice to Proceed Deliverable NTP D Exhibit A 811 W. 7th Street, Floor 12 Los Angeles, CA 90017 213.257.8680 I www.tooledesign.com Exhibit A City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0057 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF JANUARY 21, 2020 Recommended Action: Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of January 21, 2020. Attachments: Action Sheet of the January 21, 2020 Planning Commission meeting Approved:Ken Robertson, Community Development Director Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Draft Planning Commission Chair Peter Hoffman Vice Chair Michael Flaherty Commissioners Rob Saemann Marie Rice David Pedersen 7:00 PM Council ChambersTuesday, January 21, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Commissioner David Pedersen, Commissioner Marie Rice, Vice Chair Michael Flaherty, Chair Peter Hoffman, and Commissioner Rob Saemann Present:5 - Absent:0 Also Present: Ken Robertson, Community Development Director Patrick Donegan, Assistant City Attorney Nicole Ellis, Associate Planner 4. Oral / Written Communications Section I CONSENT CALENDAR 5.REPORT 20-0031 Approval of the December 9, 2019 Planning Commission Action Minutes December 9, 2019 Planning Commission action minutesAttachments: ACTION: Motion by Commissioner Rice and seconded by Commissioner Pedersen to approve the December 9, 2019 action minutes as presented. The motion carried by a unanimous vote. 6. Resolution(s) for Consideration - None Page 1City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft 7.REPORT 20-0032 Information Only: Public Hearing Notices and Project Zoning Maps 1. Public Notices 2. Project Zoning Maps 3. Supplemental - Email Clarifying Public Notice Mailer, added 1-21-20, 3:30pm Attachments: The public notice mailers for agenda items number 8, 9, and 10, while identifying the correct hearing date, indicated "Thursday, January 21, 2020" rather than "Tuesday, January 21, 2020." The other forms of public notice (legal ad and public notice posters) indicated the correct day and date. ACTION: Motion by Commissioner Rice and seconded by Commissioner Pedersen to continue all 3 items due to the mistake in the public notice mailers. The motion failed by the following vote: Aye:Commissioner Pedersen, and Commissioner Rice2 - No:Vice Chair Flaherty, Chair Hoffman, and Commissioner Saemann3 - Absent:0 Section II PUBLIC HEARING 8.REPORT 20-0026 CUP 19-9 & PARK 19-6- Conditional Use Permit and Parking Plan amendment request to provide on-site sale, service and consumption of beer and wine indoors only, Friday and Saturday 6:00 a.m. to 11:00 p.m. and Sunday through Thursday, 6:00 a.m. to 10:00 p.m. at an existing hotel (Hotel Hermosa) located at 2515 Pacific Coast Highway, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). 1. Proposed CUP Approval Resolution 2. Proposed Parking Plan Approval Resolution 3. Link to December 9, 2019 Planning Commission Agenda (Item 6.a. Page 3) 4. December 9, 2019 PC Action Sheet .pdf 5. Link to November 19, 2019 Planning Commission Agenda (Item 11 Pages 4-5) 6. November 19, 2019 PC Action Minutes .pdf 7. P.C. Resolution 16-16 (Existing Parking Plan Resolution).pdf 8. Radius Map.pdf 9. Poster Verification.pdf 10. All Public Comment Letters and Photos 11. Supplemental - Email from Janice Brittain, added 1-21-20, 5:00pm Attachments: Page 2City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft Commissioner Saemann recused himself. Coming forward to speak: Interim Police Chief Michael McCrary, Jennifer Oden, Lieutenant Landon Phillips, Rocky Rockefeller, David Sherwood, Courtney Ryan, and Adam Marquis. ACTION: Motion by Commissioner Flaherty and seconded by Commissioner Rice to adopt the resolution, as amended below, approving the Conditional Use Permit (CUP) request 19-9, in part, and Parking Plan Amendment 19-6 to allow on-site sale, service and consumption of beer and wine indoors only Sunday through Thursday 6:00 AM to 10:00 PM and Friday and Saturday 6:00 AM to 11:00 PM at an existing hotel (Hotel Hermosa), in conjunction with expanded food service for hotel guests, and denying the request for outdoor beer and wine sale, service and consumption; and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Conditional Use Permit 1. Correct the typo in the third sentence of Section 10, Condition of Approval 10 to read "...the Chief of Police may..." 2. Update references to hotel guests as "verified and registered hotel guests" The motion carried by the following vote, noting the recusal of Commissioner Saemann: Aye:Commissioner Pedersen, Commissioner Rice, Vice Chair Flaherty, and Chair Hoffman 4 - Absent:0 Recused:Commissioner Saemann1 - This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code.* The Conditional Use Permit may be appealed to the City Council by any party if filed by February 10, 2020. 9.REPORT 20-0003 CON 19-1, PDP 19-1, VTPM #80296 & S-21#31- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 80296 for a two-unit detached condominium project, and grade height determination along the south property line for purposes of locating underground garages eight inches into the south side yard setback, at 847 Bard Street and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Page 3City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft 1. Proposed Resolution 2. Site Photos 3. Applicant Submittal- Plans 4. South Elevation- Grade Lines and Garage Locations 5. Soils Investigations and Survey 6. Radius Map 7. Poster Verification 8. Supplemental - eComment Received 1-19-20, added 1-21-20, 3:30pm Attachments: Chair Hoffman recused himself. Coming forward to speak: Larry Peha, Thomas Welch, Kathy Welch, Christine Zuidema, Rick Knablem, and Christian Stutzman. ACTION: Motion by Commissioner Saemann and seconded by Commissioner Pedersen to adopt the resolution, as presented, approving: 1. The Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 80296 for a two-unit detached condominium project at 847 Bard Street, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA); and 2. By Minute Order approve the request for use of alternative (existing) grade height elevations along the south property line for purposes of locating underground garages eight inches into the south side yard setback. The motion carried by the following vote, noting the recusal of Chair Hoffman: Aye:Commissioner Pedersen, Commissioner Rice, Vice Chair Flaherty, and Commissioner Saemann 4 - Absent:0 Recused:Chair Hoffman1 - This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by February 10, 2020. 10.REPORT 20-0040 CUP 19-12 - Conditional Use Permit a request to operate a fitness studio (Lightning Fit) within a 1,298 square foot tenant spaces at 828 Hermosa Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) 1. Draft Resolution 2. Applicant's Business Narrative 3. Zoning Map and Aerial Photo 4. Legal Poster and Radius Map 5. Project Plans Attachments: Page 4City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft Coming forward to speak: Colleen McNutt and Ansha Baker. ACTION: Motion by Commissioner Pedersen and seconded by Commissioner Saemann to adopt the resolution, as presented, approving Conditional Use Permit Amendment 19-12, thereby approving the operation of a fitness studio (Lightning Fit) within a 1,298 square foot tenant space at 828 Hermosa Avenue, and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA). The motion carried by the following vote: Aye:Commissioner Pedersen, Commissioner Rice, Vice Chair Flaherty, Chair Hoffman, and Commissioner Saemann 5 - Absent:0 This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by February 10, 2020. 11.REPORT 20-0034 TA 19-1 - Consideration of a Text Amendment that would add a Limited Events Permit option as an accessory use to businesses located in the City’s Cypress District M-1 zone through a simple permitting process, including standards and limitations; adopt definitions of “Artist Studio,” “Architect Studio,” and “Events, Limited;” amend the M-1 Light Manufacturing zone matrix to allow “Architect Studio” and “Events, Limited” as permitted uses; and determination that the project is categorically exempt from the California Environmental Quality Act. 1. Proposed Resolution and Ordinance 2. Link to 7-23-19 City Council Meeting 3. Link to 8-20-19 Planning Commission Meeting 4. Link to 11-7-19 Planning Commission Study Session Meeting 5. Link to 12-9-19 Planning Commission Meeting 6. Public Notice Sent to Businesses and Property Owners 7. City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 8. Email from Michael Collins dated January 12, 2020 Attachments: Chair Hoffman recused himself. Coming forward to speak: Mike Collins ACTION: Motion by Commissioner Rice and seconded by Commissioner Pedersen to adopt the resolution, with an amendment to the proposed ordinance as detailed below, approving recommending the City Council approve Text Amendment 19-1 to the Hermosa Beach Municipal Code, Chapter 17, to add a Limited Events permit option as an accessory use to businesses located in the Page 5City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft City's Cypress District M-1 zone, including standards and limitations; adopt proposed definitions of "Artist Studio," "Architect Studio," and "Events, Limited;" amend the M-1 Light Manufacturing zone matrix to allow "Architect Studio" and "Events, Limited " as permitted uses, and determination that the project is categorically exempt from the California Environmental Quality Act. Update item number 2 Section 3, C. Standards and Limitations: 2. Established maximum occupancy of the event shall not exceed the occupant load of the premises. The business must post a sign stating the maximum occupancy. The event shall be focused on the interior of the business and is not permitted to occur on City sidewalks or streets. The Planning Commission requested that Ken Robertson convey to the City Council that the Planning Commission could not reach a consensus on the Limited Events frequency maximum, i.e. 2 per month maximum or 3 per month maximum. The motion carried by the following vote, noting the recusal of Chair Hoffman: Aye:Commissioner Pedersen, Commissioner Rice, Vice Chair Flaherty, and Commissioner Saemann 4 - Absent:0 Recused:Chair Hoffman1 - Section III 12. Staff Items a. Verbal Report on City Council Actions b. Verbal Status Report on Major Planning Projects c.REPORT 20-0033 February 18, 2020 Planning Commission Tentative Future Agenda Items Planning Commission February 18, 2020 Tentative Future AgendaAttachments: The Planning Commission consensus was to receive and file the February 18, 2020 Tentative Future Agenda. d.REPORT 20-0035 March 2020 Planning Commission Meeting Date The Planning Commission consensus was to reschedule the March meeting date to Monday, March 16, 2020. 13. Commissioner Items 14. Adjournment A motion to adjourn was made by Commissioner Saemann and seconded by Commissioner Pedersen at 10:17 p.m. The next scheduled meeting of the Page 6City of Hermosa Beach DRAFT January 21, 2020Planning Commission Action Minutes - Draft Planning Commission is Tuesday, February 18, 2020. *Chapter 2.52, Section 2.52.040 of the Municipal Code provides for Council review and reconsideration of any decision of the Planning Commission by two affirmative votes at the next regularly scheduled City Council meeting. In the event the Council initiates a review, the review will be placed on a future agenda of City Council within a reasonable time period, and the Commission’s decision is stayed pending Council’s review and final decision. Page 7City of Hermosa Beach DRAFT City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0058 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council receive and file the February 18, 2020 Planning Commission tentative future agenda items. Attachments: Planning Commission February 18, 2020 Tentative Future Agenda Respectfully submitted by: Ken Robertson, Community Development Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ F:\B95\CD\PC\Future Items\Tent. Future Agendas\Planning Commission Tentative Agenda for 2-18-20.docx Revised 01/22/2020 4:12 PM Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach February 18, 2020 Regular Meeting 7:00 P.M. Project Title Public Notice Meeting Date 701 Longfellow Avenue – Convex Slope Determination 2/6/20 2/18/20 PENDING PROJECTS/ITEMS Discussion of historic resource eligibility and evaluation for new projects (anticipate March) Update on new State housing laws (anticipate February or March) Trans Pacific Fiber Optic Cable – Environmental Impact Report Certification and Project Entitlements – alternative sites at 6th Street or 10th Street City Yard Precise Development Plan, Conditional Use Permit, and Environmental Impact Report 1221 Hermosa Avenue (Laurel Tavern) Conditional Use Permit Amendment – on hold per applicant City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0010 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN SPRINT AND THE CITY OF HERMOSA BEACH TO EXPAND AN EXISTING WIRELESS COMMUNICATIONS SITE WITHIN THE CITY’S MUNICIPAL PARKING STRUCTURE (LOT C-1301 HERMOSA AVENUE) BY APPROXIMATELY 25 SQUARE FEET FOR ADDITIONAL FACILITIES, WHILE INCREASING MONTHLY RENT BY $250.00 (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council: 1.Consent to amend the Wireless Communications Site License Agreement between Sprint and the City of Hermosa Beach to expand the lease area by 25 square feet and increase monthly rent by $250.00; and 2.Authorize the City Manager to execute the agreement. Executive Summary: The City of Hermosa Beach and Sprint entered into a Communications Site License Agreement on November 12,2003 allowing Sprint to provide mobile/wireless communications services at 1301 Hermosa Avenue,within the City’s municipal parking structure.The City received an application from Sprint on October 24,2019 for modifications to the existing facilities.The License Agreement must be modified to accommodate the modifications, which would result in increased monthly rent. Background: The subject municipal parking structure (Lot C)is located at the northeast corner of 13th Street and Beach Drive.The parking structure measures three stories in height (approximately 27 feet from grade).The west side of the structure provides 261 parking spaces for residents,nearby businesses, employees and visitors of Hermosa Beach,and to the immediate east is a multi-tenant commercial site with financial services and a Starbucks coffeehouse facing Hermosa Avenue.It is surrounded by commercial uses along Hermosa Avenue and residential uses to the northeast. In May 2001,the City adopted a wireless ordinance (Ord.01-1214)requiring wireless facilities to obtain approval of a Conditional Use Permit (CUP).The existing wireless facility was approved by City of Hermosa Beach Printed on 1/23/2020Page 1 of 5 powered by Legistar™ Staff Report REPORT 20-0010 obtain approval of a Conditional Use Permit (CUP).The existing wireless facility was approved by Planning Commission on July 15,2003 and is governed by a license agreement entered into between the City of Hermosa Beach and Sprint on November 12,2003.The Planning Commission later approved PC Resolution 13-5 (Attachment 3),which is currently in effect,approving a CUP amendment to modify an existing rooftop wireless telecommunications facility (Sprint),adding support equipment to the second level ceiling,and upgrading equipment within an existing leased area on the second level in the northwest corner of the municipal parking structure. Past Council Actions Meeting Date Description November 12, 2003 Wireless communications site license agreement entered into between the City of Hermosa Beach and Sprint PCS Analysis: The Community Development Department received an application and plans on October 24,2019 to modify and expand the existing facility.The plans have been evaluated for code compliance, including compliance with the Federal Communications Commission’s (FCC)regulations (Section 6409(a)).Under Section 6409(a)of the Spectrum Act,“a State or local government may not deny, and shall approve,any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station”.The FCC defines “substantial changes to the physical dimensions”of a tower or base station through establishing objective standards.If proposed changes do not constitute a substantial change, then the project is subject to a more expedited plan check review by the City as opposed to a public hearing for a CUP amendment and must be approved. The proposed scope of work is not considered a substantial change in that all equipment would be fully screened from view within the (1)light pole antenna canister (located on the third floor of the structure)above the existing light pole and lights which would remain,(2)a new 25 square foot screening box,painted to match the existing parking structure and mounted on the interior of the second floor wall adjacent to the ceiling,and (3)within the existing 290 square foot second floor equipment area,which would be secured and enclosed with a new eight-foot high chain link security fence extending from floor to ceiling,to address Police Department concerns resulting from the area being accessible to non-authorized personnel resulting in transient activity.Therefore,visual impacts are not increased,as determined by the Community Development Director,and the application is consistent with the CUP in accordance with PC Resolution 13-5.In addition,all parking spaces would be preserved.Planning permits are ready to issue contingent upon approval of the amended license. Accordingly, the Planning Department has approved the expansion in concept. City of Hermosa Beach Printed on 1/23/2020Page 2 of 5 powered by Legistar™ Staff Report REPORT 20-0010 Since the City own’s the parking structure,an amendment to the Wireless Communications Site License Agreement is also required to authorize Sprint to expand the existing wireless communications site by approximately 25 square feet in order to allow additional facilities to be installed at the site before the planning permits can be issued. The 2013 license agreement references 150 square feet of lease/land area.City staff and the applicant reviewed the 2013 plans against the proposed plans and determined that the original lease area was referenced in error and that the actual lease area occupies 290 square feet.Therefore,the 25 square foot expansion would result in a total lease area of 315 square feet. The City Attorney has reviewed the terms of the amendment to the agreement and finds them agreeable.If the City Council agrees to the amendments it would,in summary,grant Sprint a non- exclusive right to use approximately 315 square feet of the parking structure,including applicable non -exclusive easements for site access and utilities to erect,maintain and operate mobile/wireless communication facilities.In addition,starting on the date that is 30 days after the start of construction of the modifications to the facilities,the monthly rent would increase by $250.00 from the current $3,294.13 rent amount. Further,to address Police Department concerns about lack of security and unauthorized access to the equipment area,the plans linked to the lease agreement include a perimeter barrier and locked gate to secure the site and limit access to authorized personnel. 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: Chapter 7 of the City’s General Plan Infrastructure element states that telecommunication systems support advanced and innovative communication methods between residents,businesses,visitors, and the City.Telecommunications infrastructure and services are critical to businesses for economic growth and job creation.Residents rely on telecommunications for quality of life,education,research, and access to health care and government services.Telecommunications services in Hermosa Beach include cable television,high speed internet,and wireless and groundline telephone services. A variety of private companies provide these services and have infrastructure located throughout the City to provide consistent and reliable telecommunication services to the community.In August 2015, Hermosa Beach had a total of five mobile providers. The license amendment would authorize Sprint to modify its wireless infrastructure,consistent with General Plan Infrastructure Goal 1,which aims to ensure infrastructure systems are functional,safe, and well maintained through implementing the following policies: City of Hermosa Beach Printed on 1/23/2020Page 3 of 5 powered by Legistar™ Staff Report REPORT 20-0010 Infrastructure, Goal 1 Policies: ·1.4 Fair share assessments.Require new development and redevelopment projects to pay their fair share of the cost of infrastructure improvements needed to serve the project,and ensure that needed infrastructure is available prior to or at the time of project completion. ·1.5 New technologies.When feasible,utilize emerging technologies and funding strategies that improve infrastructure efficiency, sustainability, and resiliency. ·1.6 Utility Infrastructure Siting.Ensure new infrastructure is sited in a manner to minimize negative impacts to the community and prioritize projects to address the greatest deficiencies. ·1.7 Aesthetic and urban form.Require infrastructure and infrastructure improvements that are aesthetically pleasing and consistent with the scenic character of the surrounding area. The project is also consistent with General Plan Infrastructure Goal 7,which aims to ensure a reliable and efficient telecommunications network is available to every resident,business,and institution through implementing the following policies: Infrastructure, Goal 7 Policies: ·7.1 Accommodate future technologies.Encourage telecommunications providers and building developments to size infrastructure and facilities to accommodate future expansion and changes in the need for technology. ·7.2 Appropriate siting of telecommunications infrastructure.Design and site all facilities to minimize their visibility,prevent visual clutter,and reduce conflicts with surrounding land uses while recognizing that the entire community can have access to communication infrastructure. ·7.3 Co-location of facilities.Encourage telecommunications facilities located adjacent to,on, or incorporated into existing or proposed buildings, towers, or other structures. ·7.4 Emergency services technology.Prioritize telecommunications services used for the safety and well-being of the community. ·7.5 Access for all.Encourage the installation and availability of facilities that provide free telecommunication access at key activity and business centers throughout the community. Fiscal Impact: The monthly rent would increase by $250.00 from the current $3,294.13 rent amount as a result of the 25 square foot facility expansion,resulting in increased lease revenue of $3,000 annually for the City. Attachments: 1.Amendment to Wireless Site License and Proposed Plans 2.Original License Agreement City of Hermosa Beach Printed on 1/23/2020Page 4 of 5 powered by Legistar™ Staff Report REPORT 20-0010 3.PC Resolution 13-5 4.Site Photos Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Lauren Langer, Assistant City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 5 of 5 powered by Legistar™ Site Name: PACIFICO Site ID #: LA57XC302 AMENDMENT NO. _1_TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT This Amendment No. _1_ to Wireless Communications Site License Agreement(this “Amendment”), effective as of the date last signed below (“Effective Date”), amends a certain License between Sprint PCS Assets, L.L.C., a Delaware limited liability company (“Licensee”), and CITY OF HERMOSA BEACH (“Licensor”), dated November 12, 2003 [agreement date] BACKGROUND WHEREAS, Tenant desires to expand the Site by approximately 25 square feet of space in order to provide for additional facilities to be installed at the Site. WHEREAS, Licensee desires to modify its installation on the Site by adding or swapping out antennas and other equipment to the Facilities, as more particularly described in Exhibit A-3 annexed hereto, and Licensee and Licensor desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Licensor and Licensee agree as follows: 1. Premises and Use. Section 1 of the Agreement is deleted in its entirety and replaced by the following: a. Licensor owns the real property located in the City of Hermosa Beach, County of Los Angeles, which is described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee a non-exclusive right to use approximately 315 square feet of the Land, including applicable non-exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 and A-3 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate mobile/wireless communication facilities. b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. 2. Modification to the Site. Exhibit A-2 to the Agreement is hereby amended to include the modifications identified on Exhibit A-3, a copy of which is attached and made a part hereof. Exhibit A-3 supplements Exhibit A-2 to the Agreement and shall not be deemed to supersede or otherwise modify Exhibit A-2 or any part thereof except to the extent specifically set forth in Exhibit A-3. Upon full execution of this Amendment, Licensee is permitted to do all work necessary to prepare, maintain and alter the Site to install or otherwise modify the Site, all as more fully described and contemplated in Exhibit A-3. 3. Modification to Rent. Section 5 of the Agreement is amended to add a new Section 5(c) to read as follows: As additional consideration for the modification and other rights set forth in this Amendment, starting on the date that is 30 days after the start of construction of the modifications to the Facilities, the monthly rent will be increased by $250.00. 4. Expiration or Termination of this Amendment. If Licensee does not utilize the rights and entitlements provided in this Amendment, Licensee may terminate this Amendment effective as of the date of such written notice. After termination of this Amendment, the terms and conditions of the Agreement as they existed immediately prior to the Effective Date of this Amendment shall be deemed reinstated, ratified and affirmed, and shall continue in full force and effect. After termination of this Amendment, Rent shall revert to the amount in effect immediately prior to the Effective Date of this Amendment, plus any rental increases, including annual escalators or rent increases due to other site modifications made by Licensee, which occurred during the period of time between the Effective Date of this Amendment and the termination date of this Amendment. 5. General Terms and Conditions. a. All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement. b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. c. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. d. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** Basic Amendment template, Evolution Revised 05.07.15 2 The parties have executed this Amendment as of the Effective Date. Licensor: Licensee: City of Hermosa Beach Sprint PCS Assets, L.L.C., a Delaware limited liability company By: By: Printed Name: Printed Name: Title: Title: Date: Date: (Date must be completed) (Date must be completed) Basic Amendment template, Evolution Revised 05.07. Basic Amendment template, Evolution Revised 05.07.15 4 Exhibit A-2 [see attached] Basic Amendment template, Evolution Revised 05.07.15 5 Exhibit A-3 [see attached] T-1APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21UNDERGROUND SERVICE ALERTA PUBLIC SERVICE BYYOU DIGDAYS BEFORETWO WORKING1-800-227-2600DIALTOLL FREEBEFOREYOU DIGDRIVING DIRECTIONSVICINITY MAPFROM: SPRINT OFFICE, 6591 IRVINE CENTER DR, IRVINE, CAN.T.SPROJECT INFORMATIONPROJECT TEAMPROJECT DESCRIPTIONAPPROVALSSHEET INDEXSHEETDESCRIPTIONREV.T-1TITLE SHEET3A-1SITE PLANA-2A-3A-4EXISTING AND NEW ANTENNA PLANS AND ANTENNA / RRH SCHEDULEA-5AERIALGENERAL CONTRACTOR NOTESA-6EQUIPMENT DETAILS3333331301 HERMOSA AVEHERMOSA BEACH, CA 90255LA57XC302(DO MACRO)PACIFICOCODE COMPLIANCEENGINEERING:APPLICANT/LESSEE:SITE ACQUISITION:CONSTRUCTION MANAGER:RF ENGINEER:EQUIPMENT DETAILSCONSTRUCTION DRAWINGSSITESITET-2T-333A-4.1EXISTING AND NEW WEST ELEVATION3N.T.SGN-1GROUNDING DETAILS & SPECIFICATIONS 3EXISTING EQUIPMENT LAYOUT EXISTING ROOF PLANE-1ONE-LINE DIAGRAM / GROUNDING DETAILS3GENERAL CONSTRUCTION NOTESGENERAL NOTES, ABBREVIATIONS AND LEGENDS-1S-2SCREEN FRAMING PLAN33STRUCTURAL NOTESA-3.1NEW EQUIPMENT LAYOUT ············3 T-2APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21 T-3APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21 A-1APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-2190°135°45°270°225°180°315°0°SCALE NOTE:BUILDING DEPARTMENT NOTES:(E) SECTOR "2"AZIMUTH: 140°A-21(E) SECTOR "3"AZIMUTH: 240°(E) SECTOR "1"AZIMUTH: 20° A-2APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21SCALE NOTE:90°135°4 5 °270°225°180°315°0°A-41A-42A-31A-32SECTOR "2"AZIMUTH: 140°SECTOR "3 "AZIMUTH : 240 ° SEC T O R " 1 " AZI M U T H : 2 0 ° A-3APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21SCALE NOTE:90°135°45°270°225°180°315°0°A-41A-42 A-3.1APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21SCALE NOTE:90°135°45°270°225°180°315°0° NOTE:A-57A-52A-41A-42A-65A-5.11A-52A-5.12A-5.16A-5.15 A-4APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21SCALE NOTE:A-51SECTOR "2"AZIMUTH: 140°SECTOR "3"AZIMUTH: 240°SECTOR "1"AZIMUTH: 20°SECTOR "2"AZIMUTH: 130°SECTOR "3"AZIMUTH: 250° SECTOR " 1 " AZIMUT H : 1 0 °90°135°45°270°225°180°315°0°90°135°45°270°225°180°315°0° A-4.1APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21SCALE NOTE:A-51A-3.11A-65A-31 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21A-5ANTENNA MOUNTING NOTESCABLE MARKING NOTES-3ALCATEL-LUCENT TD-RRH8x20REMOTE RADIO HEADFRONT VIEWMOUNTING DETAILPLAN VIEWSIDE VIEWFRONTPLAN VIEWFRONT ELEVATIONSIDE ELEVATIONALU 9927 RAN - CABINETDISTRIBUTED BASE STATIONOUTDOOR CABINET···············ALPHA-AW3631TRI-SECTOR ANTENNAFRONTBOTTOM APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21A-5.1ALU 60ECv2 - BBCBATTERY BACKUP CABINETPLAN VIEWFRONT ELEVATIONSIDE ELEVATIONFRONT-4-3-4 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21A-6-2-4 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21S-1 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21S-2 SCREEN FRAMING PLANASCREEN FRAMING ELEVATIONBSCREEN FRAMING ELEVATIONC-1-3-3 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21GN-1 APPLICANT:ENGINEER:REVISIONS:LICENSER:PROJECT INFORMATION:SHEET TITLE:SHEET NUMBER:PACIFICO6591 IRVINE CENTER DRIVE SUITE 100IRVINE, CA 92618Eukonwww.eukongroup.com65 POST, SUITE 1000IRVINE, CA 92618TEL: (949) 553-8566an SFC Communications, Inc. CompanyDATE SIGNED: 10-23-18EXP. DATE: 12-31-21E-1LEGEND:-5-6NOTES: 1 P.C. RESOLUTION NO. 13-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY AN EXISTING ROOFTOP WIRELESS TELECOMMUNICATIONS FACILITY (SPRINT PCS), BY REPLACING PANEL ANTENNAS WITHIN A FUNCTIONING LIGHT POLE, INCREASING THE DIAMETER OF THE LIGHT POLE AND RADOME (ANTENNAE ENCLOSURE) ON THE ROOF, ADDING SUPPORT EQUIPMENT TO THE SECOND LEVEL CEILING, AND UPGRADING EQUIPMENT WITHIN AN EXISTING LEASED AREA ON THE SECOND LEVEL IN THE NORTHWEST CORNER OF THE CITY PARKING STRUCTURE AT 1301 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 9 THRU 28, 32 AND 33, BLOCK 14, HERMOSA BACH TRACT, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Suresite Consulting Group, on behalf of Sprint/Nextel, seeking approval of a Conditional Use Permit Amendment for modification of an existing wireless telecommunications facility (Sprint PCS) pursuant to the requirements of Sections 17.40.020, 17.40.170 and 17.46.210 of Zoning Ordinance. Section 2. The Planning Commission conducted a duly noticed public hearing on March 19, 2013, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The existing wireless facility was approved by Planning Commission on July 15, 2003 and is governed by a wireless communication site license agreement entered into between the City of Hermosa Beach and Sprint PCS on November 12, 2003. 2. Subsections 6(b) and 6(c) of the site license agreement permits Sprint PCS t o do all work necessary to prepare, maintain and alter the premises for the communications operations. As such, the applicant requests to modify the existing wireless facility in order to improve service. 3. The applicant proposes to remove three (3) panel antennas on three (3) separate sectors, facing north, southeast and southwest of the subject parking structure. All three panel antennas are screened inside a radome and attached to a functioning light pole on the roof level of the city parking structure. The applicant is proposing to install three (3) new panel antennas within a new radome attach to a new light pole, six (6) remote radio units attach to the second level ceiling and upgrade support equipment in the leased area at the northwest corner on the second level of the parking structure. The dimensions of the radome and light pole will increase to accommodate new panel antennas. Support equipment for the wireless facility remains within the 150 square feet leased area at the northwest corner of the second level. 4. The subject parking structure is located at the northeast corner of 13th Street and Beach Drive, to the immediate west of a multi-tenant C-2 commercial site with financial services and a snack 2 shop (Starbucks) facing Hermosa Avenue. It is surrounded by restricted commercial uses along Hermosa Avenue and residential uses to the northeast (R-3). 5. The existing parking structure is 27 feet high as measured from the natural grade. The existing lighting fixture with radome stands 20 feet above the roof surface and exceeds the 30-foot height limit in the C-2 zone. 6. The existing wireless facility approved and installed in July 2003; having demonstrated compliance with applicable zoning requirements. This is the first of two approved wireless telecommunication facilities at the subject site. 7. The applicant has furnished required materials per Section 17.40.140(A), explained site selection, service area, nature of existing facilities, provided letter for willingness to allow for future co-location, and Radio Frequency Radiation evaluation report dated December 20, 2012 demonstrating the facility meets FCC regulations and standards for construction. Section 4. Based on the foregoing findings, the Planning Commission makes the following findings pursuant to Sections 17.40.020, 17.40.170 and 17.46.210 of the Municipal Code substantiating that the proposed modification to the facility will be compatible with existing and future uses in the vicinity and not be materially detrimental to property or improvements in the vicinity and zone: 1. The wireless facility consists of three panel antennas screened within a radome, attached to the top of a functioning lighting fixture and a 150 square feet equipment area on the second level northwest corner. The existing lighting fixture with the radome measures 20 feet above the parking roof surface with the widest surface area of the radome being 8.5 square feet over the height limit allowed in the C-2 zone. The applicant proposes to install three new panel antennas, a new radome with a new light pole with the combine height of 20 feet above parking roof surface. The new radome measures 32 inches in diameter at its widest side and 4.5 feet in length. Additionally, six (6) remote radio units will be attached to the second level ceiling. Each remote radio unit measures approximately 25 inches long, 11 inches wide and 12 inches in depth, to be painted to blend in with the ceiling color. Since the remote radio units will be architecturally compatible with the ceiling and thereby will not result in any new negative visual impacts; 2. The wireless facility is not located within 200 feet of a residential use. The nearest residential zoning district is R-3 at 209 feet to the north. The functioning light fixture, leased equipment area and the remote radio units on the second level are painted to be compatible with the parking structure and screened from nearby residential properties; 3. The unmanned wireless facility is not located on a residentially zoned property and will not increase off-street parking, noise, traffic, utility use, air or water quality or result in other demands or impacts. Construction impacts and noise are controlled by Municipal Code Section 8.24.080 (construction noise) and Chapter 15 (Building and Construction); 4. The facility is the first of two wireless operators at the subject site. The Planning Commission approved a co-location facility (Cingular Wireless) in 2006, this facility involves four panel antennas mounted on the building façade and an equipment room on the third level of the parking structure; 5. The facility will not bear signs or private advertising devices other than for public safety purposes; 3 6. The three panel antennas will be screened in the same manner as the existing panel antennas. The new light pole and radome will be textured and painted to be architecturally compatible with the existing building. The remote radio units will be painted to match the existing ceiling color to minimize visual appearance from the street and adjacent properties. Support equipment leased area on the second level will continue to have 4-foot bollards around the perimeter separating the equipment and adjacent public parking spaces; 7. The facility will not generate noise, odor, dust, vibration or impact to the city’s infrastructure from the proposed upgrade, as already demonstrated because this is an existing facility; 8. The facility does not involve the installation of a monopole; new panel antennas will be fully screened inside the radome, any supporting equipment will be painted to blend-in with the surrounding materials and colors; 9. The site provides wireless coverage as desired by the applicant and has not been identified to exhibit any environmental impacts that would be reduced by location at any other site; and 10. The proposed radome structure has a surface area of 12 square feet as measures at its widest side with 5 feet above the highest point on the roof complies with requirements for surface area measurement of a rooftop facility exceeding height limit. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per CEQA Guidelines, Sections 15301 and 15311, Accessory Structures, as the project is a utility provided on a commercially zoned site within an urbanized area, will not exceed the height of the existing device or C-2 zone, and has no effects relating to aesthetics, traffic, noise, air or wa ter quality, or to wildlife. Section 6. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit Amendment (CUP 13-3), supersedes the conditions contain in P.C. Resolution 03-37, subject to the following Conditions of Approval: 1. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. Any changes to, or relocation of, antennas or other equipment associated with the wireless telecommunications facility shall be reviewed and approved by the Planning Commission. Antenna upgrade, repair and replacement with devices of equivalent or lesser number, dimensions, height in the same locations, may be considered to be routine maintenance or minor, provided visual impacts are not increased, and may be reviewed and approved by the Community Development Director. 2. Three sectors, each containing a panel antenna are fully screened within a radome attached to the top of a functioning lighting fixture, measure at approximately 20 feet above the roof surface shall be textured and painted to be architecturally compatible with the existing building facades. The exterior of all facilities shall be comprised of non-reflective material(s). 3. Existing 4-foot high bollards separating the equipment leased area and adjacent public parking spaces shall remain in place and any new equipment shall be painted to match existing building. 4. The applicant shall inspect the rooftop facility and second level leased area on a monthly basis and shall maintain the site in a clean manner and free of graffiti at all time. 4 5. This approval applies to the proposed wireless telecommunications facility modification only. Any other wireless telecommunications facilities companies or affiliates must obtain separate Conditional Use Permit approval for co-location of additional wireless telecommunications facilities. 6. A Radio Frequency (RF) Environmental Evaluation Report shall be prepared by the applicant and submitted to the Community Development Director substantiating that the proposed wireless telecommunications facility meets FCC regulations and standards for construction, maintenance and operations within ten (10) days after installation of the facility. Every two (2) years thereafter, the telecommunications service provider shall submit a certification report attested to by a licensed RF engineer that the facility is compliant with applicable FCC regulations for RF emissions. 7. No exterior lighting, signs, logos or other commercially identifying graphics shall be installed on the wireless communication facility (excluding those required by law) or rooftop of the commercial building in connection with the equipment enclosure use. 8. The installation and operation of the facility shall comply with all applicable requirements of the Building and Fire Department requirements, and applicable building, zoning, and electrical code regulations and requirements of the Municipal Code, and all State and Federal requirements. To the extent applicable, every such device shall be adequately grounded for protection against a direct strike of lightning. 9. Future removal of the wireless communication facilities shall comply with the following: a. The applicant shall provide notification to the Community Development Director upon cessation of operations on the site. The applicant shall remove all obsolete or unused facilities from the site within six (6) months of termination of its lease, cessation of operations, or expiration of its permit, subject to the determination of the director of community development. Should the owner fail to effect s uch removal, the property owner shall be responsible for the removal of the equipment. b. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of six (6) months has lapsed since cessation of operations. c. Any FCC licensed wireless communications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the community development director. 10. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 11. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Site Photos City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0059 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 ORDINANCE NO. 20-1404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1404. Background: At the January 14,2020 City Council meeting,staff presented for Council consideration an urgency ordinance to take effect immediately for approximately 30 days and an identical draft ordinance for adoption through the standard practice (first and second readings).Following public hearing,the City Council unanimously adopted the urgency ordinance (20-1403)and also introduced on first reading the standard ordinance as presented.The standard ordinance (20-1404)is before Council this evening for waiver of full reading and adoption by title. Attachments: Ordinance No. 20-1404 Respectfully Submitted by: Ann Yang, Executive Assistant Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ Page 1 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 20-1404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA The City Council of the City of Hermosa Beach does ordain as follows: Section 1. The City of Hermosa Beach, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California. Section 2. The Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). Section 3. In 2019, the California Legislature approved, and the Governor signed into law a number of bills (“New ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. Section 4. The New ADU Laws take effect January 1, 2020, and since the City’s existing ADU ordinance does not comply with the New ADU Laws, the City’s ordinance has been deemed null and void on that date. Section 5. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22. Section 6. The City’s ordinance does not comply with Government Code sections 65852.2 and 65852.22 (as amended) and as of January 1, 2020 the City’s ordinance regulating ADUs and JADUs became null and void, the City thereafter is limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. Section 7. The approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. Page 2 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 8. The City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein, and the consideration and recommendation by the City’s Planning Commission. Section 9. The City Council of the City of Hermosa Beach hereby finds, determines, and declares the recitals and findings above are true and correct and are each incorporated by reference and adopted as findings by the City Council. Section 10. The City Council of the City of Hermosa Beach hereby further finds, determines, and declares Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot.) Section 11. The City Council of the City of Hermosa Beach hereby further finds, determines, and declares the Text Amendment is consistent with the goals and policies of the General Plan. Specifically, the Text Amendment will implement, in part, the following policies in the Housing Element of the General Plan: Policy 2.1 The City will continue to promote the development of a variety of housing types and styles to meet the existing and projected housing needs of all segments of the community; Policy 2.2 The City will continue to encourage the development of safe, sound, and decent housing to meet the needs of varying income groups; Policy 4.4 The City will continue to evaluate its Zoning Ordinance and General Plan and remove governmental constraints related to development standards. These may include, but not be limited to, parking requirements, allowing affordable housing on commercial Page 3 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 sites, new standards for mixed-use development, lot consolidation incentives, and senior housing requirements. The proposed text Amendment will promote the development of ADUs and JADUs, which provide an additional housing type in the City and are designed to meet the needs of a variety of residents and income groups. Furthermore, the Text Amendment will remove the Administrative Permit requirement for new ADUs and JADUs, thus removing a governmental constraint. The state law declares that these units are consistent with the densities set out in the general plan and are merely accessory to the already permitted residential uses on the site. This amendment promotes the state housing goals, responds to the state housing crisis and will assist the City in meeting its allotment for the upcoming RHNA cycle. Thus, there is nothing in this amendment that will impede the city’s ability to meet its general plan (and housing element) goals. Section 12. Section 17.04.040 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended to add the following definitions to the alphabetical list of definitions to read as follows: “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. “Nonconforming zoning condition” means a lawfully established physical improvement on a property that does not conform to current zoning standards. “Passageway” means a pathway that is unobstructed clear to the sky. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public (applicable to Chapter 17.21 only). Section 13. Chapter 17.21 of Title 17 of the Hermosa Beach Municipal Code is amended in its entirety to read as follows: Chapter 17.21 Accessory Dwelling Units 17.21.010 Purpose Page 4 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. 17.21.020 Effect of Conforming. An ADU or JADU that conforms to the standards in this chapter will not be: A. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located. B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. C. Considered in the application of any local ordinance, policy, or program to limit residential growth. 17.21.020 Approvals Provided an ADU and/or JADU complies with all of the requirements set forth in this chapter, applications for ADUs and JADUs may submit directly to Planning and Building plan check, including payment of all required plan check fees. No other administrative or discretionary permit is required. 17.21.030 ADUs and JADUs ADUs and JADUs shall be permitted in any zone that allows residential development, except the Mobilehome Park Development (MHP) District. The following is the maximum number of ADUs and/or JADUs allowed on a residential property: A. Converted on Single-Family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it. The ADU or JADU shall also comply with the following: 1. Is either: (a) within the space of a proposed single-family dwelling; (b) within the existing space of an existing single-family dwelling; or (c) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. 2. Has exterior access that is independent of that for the single-family dwelling. 3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. Page 5 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 B. Detached on Single-Family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot pursuant to HBMC 17.21.030(A)), if the detached ADU satisfies the following limitations: 1. There shall be no more than one ADU and one JADU located on the property. 2. The ADU complies with all applicable building and fire codes. C. Converted on Multiple-Family Lot: Multiple ADUs may be permitted on lots with existing or proposed multiple-family dwellings, subject to the following: 1. The number of ADUs allowed shall not exceed 25 percent of the existing multiple-family dwellings on the property. For the purposes of calculating the number of allowable ADUs, the following shall apply: a. Previously approved ADUs shall not count towards the existing multiple-family dwellings. b. Fractions shall be rounded down to the next lower whole number of dwelling units, except that a least one ADU shall be allowed. 2. ADU’s shall comply with all applicable building and fire codes. D. Detached on Multiple-Family Lot: Up to two detached ADUs may be permitted on a lot that has an existing multiple-family dwelling, subject to the following: 1. The total number of ADUs on the property, including the conversion of spaces as permitted pursuant to HBMC 17.21.030(C) does not exceed two. For the purpose of this chapter, multiple-family dwellings approved and built as a single complex shall be considered one lot, regardless of the number of parcels. 2. ADU’s shall comply with all applicable building and fire codes. 17.21.040 Development Standards Except as modified by this chapter, ADUs and/or JADUs shall conform to all requirements of the underlying zoning district, any applicable overlay district, and all other applicable provisions of this code. A. Lot Area. There shall be no minimum lot area required in order establish an ADU or JADU. B. Height. Page 6 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1. Detached ADUs shall not exceed one-story and a height of sixteen (16) feet. 2. Attached ADUs shall not exceed the height, as permitted in the base zone. C. Setbacks. ADUs and JADUs shall comply with all setback requirements applicable to the zoning district, except as noted below: 1. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required beyond the existing provided setback. 2. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing provided setback. This provision shall only apply to ADUs and JADUs that are replacing an existing structure in the exact same location, size and height. 3. Newly constructed detached ADUs shall meet the minimum setback, as required by the base zone or four (4) feet, whichever is less. D. Unit Size 1. The maximum size of an ADU is 850 square feet for a studio or one-bedroom unit, and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms shall be allowed. 2. An attached ADU that is created on a lot with an existing or proposed single- family dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. 3. Application of 17.21.040(D)(2) and other development standards, such as lot coverage or open space, might further limit the size of the ADU, but in no case shall these requirements limit the ADU to be less than 800 square feet. 4. The maximum size of a JADU shall be 500 square feet. 5. The minimum size of an ADU or JADU shall be at least that of an efficiency unit. E. Fire Sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required in the primary residence. F. Passageway. No passageway shall be required in conjunction with the construction of an ADU and/or JADU. For the purposes of this chapter, “passageway” shall mean a pathway that is unobstructed, clear to the sky, and extends from the right-of-way to one entrance of the ADU and/or JADU. Page 7 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 G. Roof Deck. Roof decks shall not be permitted on an ADU or JADU. H. Kitchens 1. ADU. ADUs shall have a kitchen, as required by the Building Code, which shall include a kitchen sink, cooking device, refrigeration, food preparation counter, and storage cabinets. 2. JADU. JADUs shall include an efficiency kitchen, as required by the Building Code, which shall include all of the following: a. A cooking facility with appliances; and b. Food preparation counter(s) and storage cabinet(s). I. Parking. Parking shall comply with the requirements of Chapter 17.44 (Off-Street Parking) of this code, except as modified below: 1. No parking shall be required for JADUs. 2. A minimum of one parking space shall be provided for each ADU. a. The parking space(s) may be provided as part of two or more spaces lined up behind one another 3. Exceptions. No parking for the ADU is required in the following situations: a. The ADU is located within one-half mile walking distance of public transit. For purposes of this chapter, “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. b. The ADU is located within an architecturally or historically significant historic district. c. The ADU is converted as part of a proposed or existing primary residence or an accessory structure. d. When on-street parking permits are required but not offered to the occupant of the ADU. Page 8 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e. When there is an established car share vehicle stop located within one block of the ADU. For the purposes of this section, “car-share vehicle” shall mean part of an established program intended to stay in a fixed location for at least ten (10) years and is available to the public. 4. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or converted, to an ADU or JADU, those off-street parking spaces are not required to be replaced. J. Storage facilities shall include an area sufficient to accommodate refuse containers (trash, recycle, and green waste) for all units on the site. Such storage containers shall be provided in any one (1) of the following ways: 1. Attached to the outside of the structure on privately owned property, enclosed on all sides by suitable screening of not less than four (4) feet in height or similar type of structure so that the same shall not be open to public view, one (1) side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or 2. Constructed within the building structure; or 3. A separate structure enclosed on all sides by suitable screening of not less than four (4) feet in height or similar type of structure so that the same shall not be open to public view, one (1) side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or 4. Within an accessory building such as a garage or storage shed, or within a primary structure in a service porch-type area. K. Design. Exterior finished materials on the ADU or JADU shall match the exterior finished material for the primary dwelling unit. L. Utility Connection. 1. Converted single-family dwellings. An ADU or JADU permitted pursuant to Section 17.21.030(A) of this chapter shall not be required to provide a separate utility connection (water, sewer, natural gas, electric) between the ADU or JADU and the utility. 2. All others. ADUs or JADUs, except those permitted pursuant to Section 17.21.030(A) of this chapter, shall provide a separate utility connection (water, sewer, natural gas, electric) between the ADU or JADU and the utility. Page 9 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M. Open Space. Unless restricted pursuant to Section 17.21.040(D)(3), the property in which the ADU or JADU is located upon, shall comply with the open space requirements of the base zone. 17.21.050 Historic Resource Preservation Based on state law, ADUs shall be approved ministerially. Therefore, the applicable provisions of Chapter 17.53 (Historic Resources Preservation) do not apply. However, ADUs or JADUs located on a property that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. 17.21.060 Short-Term Rentals Short-term rentals shall be prohibited in all ADUs and JADUs, as set forth in Sections 17.08.025, 17.10.015, 17.12.015, 17.14.015, 17.16.015, 17.18.025 and 17.20.015. 17.21.70 ner-Occupancy A. For all ADUs create before January 1, 2020, a natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or ADU, as the person’s legal domicile and permanent residence. B. For any ADU that is created on or after January 1, 2020, but before January 1, 2025, there shall be no owner-occupancy requirement. C. For all ADUs create on or after January 1, 2025, a natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or ADU, as the person’s legal domicile and permanent residence. D. For all JADUs, a natural person with legal or equitable title to the property must reside on the property, in the primary dwelling unit, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 17.21.080 No Separate Conveyance An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed Page 10 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot). 17.21.090 Deed restriction and Recordation Required Prior to issuance of a building permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall include the following: A. The ADU or JADU may not be sold separately from the primary dwelling. B. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter, including the prohibition on short-term rentals. C. The deed restriction runs with the land and may be enforced against future property owners. D. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Community Development Director’s determination consistent with other provisions of this Code. E. The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 17.21.100 es F. Impact Fees. 1. No impact fee is required for an ADU that is less than 750 square feet in size. 2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new Page 11 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. G. Utility Fees. 1. Converted ADUs and JADUs on a single-family lot are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home. a. Should the owner determine to provide a separate utility connection, the connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. 2. All other ADUs and JADUs require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage- fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. Section 14. Subsection (F) of Section 17.44.020 of Chapter 17.44 or Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: F. Junior accessory dwelling unit and accessory dwelling unit Refer to Section 17.21.040(I) Section 15. This ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. Section 16. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. The City Clerk is further directed to fill in the appropriate dates as indicated in the ordinance above. Page 12 of 12 20-1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED, APPROVED AND ADOPTED this 28th day of January, 2020. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ _________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0045 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 TEXT AMENDMENT 20-1 TO AMEND CHAPTER 5.78 “TOBACCO RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES, THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES AND DETERMINE THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Continued from meeting of January 14, 2020) (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council: 1.Introduce the attached Ordinance to amend Chapter 5.78 of Title 5 of the Hermosa Beach Municipal Code to prohibit the issuance of new Tobacco Retailer Licenses and to prohibit the sale of electronic smoking devices and products for the electronic smoking devices,and determination that the amendment is exempt from the California Environmental Quality Act (CEQA); and 2.Discuss and provide direction to staff regarding process and timing of a potential future ban of all tobacco sales in Hermosa Beach. Background: The City of Hermosa Beach has been addressing public health policies related to smoking and tobacco for several years. Past Council Actions Meeting Date Description 2012 The City launched the Healthy Air Hermosa initiative creating a smoke - free environment at public outdoor gathering spaces such as Pier Plaza and the Hermosa Beach Pier. City of Hermosa Beach Printed on 1/23/2020Page 1 of 6 powered by Legistar™ Staff Report REPORT 20-0045 2016 The City of Hermosa Beach adopted an ordinance prohibiting smoking in all public places, including the beach, parks, parking lots, and city sidewalks. January 8, 2019 The City of Hermosa Beach adopted an ordinance, effective June 1, 2019, prohibiting sales of flavored tobacco products and establishing an annual Tobacco Retailer License for any retailer who sells tobacco products. October 10, 2019 Councilmem bers Armato and Duclos requested that the City Council discuss and consider prohibition of retail sales of all tobacco products in Hermosa Beach. November 12, 2019 The City Council discussed and provided direction on whether to prohibit the retail sale of all tobacco products in Hermosa Beach. At that meeting, the City Council directed staff to introduce an ordinance for consideration that would prohibit the issuance of any new Tobacco Retailer Licenses, prohibit the sale of electronic smoking devices and vaping products, and to facilitate discussions with tobacco retailers and Beach Cities Health District to develop a process and timeframe toward a future ban of all tobacco sales in Hermosa Beach. Analysis: The proposed ordinance includes the following components: 1.Prohibit New Tobacco Retailer Licenses No new Tobacco Retailer License would be permitted.Existing businesses with Tobacco Retailer Licenses would be able to renew the annual licenses under the proposed ordinance. Tobacco Retailer Licenses have been required since June 1,2019.There are currently 16 businesses with Tobacco Retailer Licenses in Hermosa Beach. 2.Prohibit Sales of Electronic Smoking Devices and Vaping Products Electronic smoking devices and vaping product sales would be prohibited upon the effective date of the ordinance.Flavored tobacco and flavored vaping products have been prohibited since June 1, 2019. In addition to the prohibition on issuance of new Tobacco Retail Licenses and prohibition of retail sales of vaping devices and products,the City Council directed staff to provide options on the next phase and timing for a complete tobacco ban. City of Hermosa Beach Printed on 1/23/2020Page 2 of 6 powered by Legistar™ Staff Report REPORT 20-0045 Potential Tobacco Sales Ban The City Council directed staff to work with Beach Cities Health District on recommended timing for a complete tobacco sales ban.Staff met with experts from Beach Cities Health District,who introduced Tobacco Policy expert Ruth Malone,R.N.,Ph.D.Staff also reviewed examples of proposed bans nearby.The effective date for tobacco sales ban in Beverly Hills is January 1,2021.A Manhattan Beach tobacco sales ban is under consideration and the effective date is not yet determined.It is expected Manhattan Beach will consider its tobacco sales ban at a City Council meeting in February.Ruth Malone is also assisting the City of Manhattan Beach with its tobacco sales ban ordinance consideration. The City and Beach Cities Health District have invited Dr.Malone to attend the City Council meeting to discuss public health benefits from tobacco ban policies.A copy of her report,“Considerations: Tobacco Sales Restrictions” is attached. Tobacco retailer reduction is associated with a decline in cigarette purchases.A 2017 CVS Health Research Institute study found that the 2014 corporate decision to remove tobacco from its retail stores has resulted in a reduction of tobacco use nationwide.Study findings showed that those who had purchased cigarettes exclusively at CVS Pharmacy were 38%more likely to stop buying cigarettes altogether after tobacco products were no longer sold in stores. If a tobacco sales ban is enacted in Hermosa Beach,it is expected that reduced access to tobacco products would lead to less people smoking these products and increased compliance with the City's smoking regulations.Despite the City's ban on smoking tobacco products in certain designated areas of the City,Code Enforcement and the Police Department regularly issue warnings and citations due to incidents of individuals smoking in prohibited areas in violation of local law. Effective Date of Tobacco Sales Ban Timing is a key component of a potential tobacco sales ban.Timing considerations include impacts to businesses phasing out tobacco products,such as sale of existing inventory and allowing time to transition to other products. At the November 12,2019 meeting,the City Council directed staff to recommend options for its effective date.Should the City Council decide to consider a tobacco sales ban ordinance,the following effective date options are listed below for City Council consideration: 1.January 1, 2021 The City of Beverly Hills tobacco retail sales ban will be in effect January 1,2021.Some advocates suggest it would be beneficial to have the same effective date as Beverly Hills and other cities considering bans.However,Beverly Hills approved its ordinance July 5,2019, which allows retailers 18 months to transition before the effective date.This option may not City of Hermosa Beach Printed on 1/23/2020Page 3 of 6 powered by Legistar™ Staff Report REPORT 20-0045 allow enough time for retailers in Hermosa Beach to transition away from tobacco sales. 2.January 1, 2022 This option would allow retailers almost two years to deplete merchandise and transition away from tobacco sales. 3.January 1, 2023 This option would allow retailers almost three years to deplete merchandise and transition away from tobacco sales.Tobacco retailers have requested additional time for implementation. It is expected that a longer time period before implementation would likely reduce the number of hardship exemption requests to the City Council. Hardship Exemption Some retailers would be more affected by a tobacco retail ban than others,depending on how much of their sales are tobacco products.For example,a tobacco ban would affect a smoke shop more than a grocery store that sells other merchandise.Staff recommends a hardship exemption be considered as part of any proposed ordinance to phase out tobacco sales in the City.A hardship exemption would be possible for retailers that demonstrate the ban would cause an undue hardship and would be considered by the City Council on a case-by-case basis.Hardship exemption applications would require substantiated facts to demonstrate the negative impacts of the loss of tobacco sales to the business and include a tobacco phase-out plan. A hardship exemption was approved as part of the Beverly Hills tobacco ban.Manhattan Beach is also including a hardship exemption as part of its ordinance for a tobacco sales ban. Community Outreach There are currently 16 businesses with Tobacco Retailer Permits that sell tobacco products in Hermosa Beach, 3 of which sell tobacco products as their primary merchandise category. Staff reached out to the City’s affected retailers and property owners through an informational letter, calls,and visits to notify businesses of the proposed ordinance and discussion of a potential tobacco sales ban.Staff also held a meeting at City Hall to provide a summary of the proposed tobacco policies and to receive feedback from tobacco businesses.Two tobacco retailers and a Hermosa Beach resident attended the meeting.The participating retailers stated overall retail concerns about declining store sales due to increasing internet sales and delivery services,but noted the benefit that customer store visits allowed the retailer to verify age before selling tobacco products.It was stated that the lack of ability to sell tobacco products would reduce their total sales and would also reduce the value of their businesses,making it more difficult for them to sell.Retailers stated that tobacco sales restrictions are confusing to customers since the products are legally sold in California and throughout the country.It was reported that one retailer was concerned about paying for the annual Tobacco Retailer License and not receiving an entire year of tobacco sales.Retailers mentioned howCity of Hermosa Beach Printed on 1/23/2020Page 4 of 6 powered by Legistar™ Staff Report REPORT 20-0045 Tobacco Retailer License and not receiving an entire year of tobacco sales.Retailers mentioned how difficult it is to operate a business with rising staff costs and high rents in the area.Both retailers agreed that if a tobacco sales ban was proposed,they would request that the City give them as much time as possible before it becomes effective. Nearby Cities Tobacco Policy Updates The City of Beverly Hills adopted a “Tobacco Ban”ordinance effective July 5,2019,which is considered the first city in the nation to prohibit tobacco sales.The ordinance prohibited any new Tobacco Retailer Permits,and existing permitted retail sales can be in effect only until December 31, 2020,unless one hardship exemption is approved for a limited term with a plan to phase out tobacco. The ordinance goes into effect on January 1, 2021. On October 8,2019,the Redondo Beach City Council approved two new tobacco ordinances to ban smoking throughout the city limits,with exception of city-permitted designated smoking areas and to ban possession of tobacco products for individuals under the age of 21 on school property.The second ordinance established a Tobacco Retailer License requirement and prohibits sales of flavored tobacco products, electronic smoking devices, and vaping products. The Manhattan Beach City Council considered an ordinance for a complete tobacco ban at its meeting held December 17,2019.At that time,the Manhattan Beach City Council directed its staff to amend the ordinance to include prohibition of all flavored tobacco and vaping products,consideration of an interim process for Tobacco Retail Permit renewals,and denial of consideration of any new Permits in anticipation of a future tobacco sales ban.This item is expected to be considered by the Manhattan Beach City Council in February.Based on the December 17,2019 discussion,a potential ban on tobacco sales may go in effect as soon as 2021 or 2022. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.A limitation or prohibition of tobacco sales supports several PLAN Hermosa goals and policies that are listed below. Governance Goal 7. Community sustainability and health are a priority in policy and decision making. Policies: ·7.1 Integrate health.Encourage public and private health partners as part of community engagement processes (including committees,stakeholders and workshops)in planning and development decisions. ·7.2 Health conditions.Support the work of Beach Cities Health District to monitor health and well-being monitoring and tracking of health outcomes. ·7.3 Health in all policies.Integrate health,livability,and sustainability principles when City of Hermosa Beach Printed on 1/23/2020Page 5 of 6 powered by Legistar™ Staff Report REPORT 20-0045 ·7.3 Health in all policies.Integrate health,livability,and sustainability principles when adopting new policies and periodically review and evaluate adopted policies for their impact or opportunity to improve health, livability, and sustainability. ·7.5 Health-promoting uses. Prioritize health-promoting uses in new development. ·7.6 Livability principles.Amend or update policies that may run counter to livability, sustainability, and health principles. Fiscal Impact: Upon implementation of the proposed ordinance,no new Tobacco Retailer Permits would be issued. The current 16 retailers,who sell tobacco products,would be able to renew their licenses.The annual renewal fee is $354 ($354 X 16 = $5,664). Implementation of a tobacco ban would eliminate annual renewal fee revenue from Tobacco Retailer Permits and would result in reduced sales tax revenue from tobacco sales. Attachments: 1.Ordinance 2.Link to November 12, 2019 City Council Meeting 3.Considerations: Tobacco Sales Restrictions by Ruth Malone, R.N., PhD 4.Letter to Tobacco Retailers 5.Letter and Attachments from Beach Cities Health District Respectfully Submitted by: Christy Teague, Senior Planner Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 6 of 6 powered by Legistar™ 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 5.78 “TOBACCO RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES AND THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES AND DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Section 5.78.040 of Chapter 5.78 “Tobacco Retailers” of Title 5 of the Hermosa Beach Municipal Code is hereby amended to read as follows: 5.78.040. Tobacco retailer license required. It shall be unlawful for any person to engage in tobacco retailing in the city without a valid tobacco retailer license issued pursuant to the provisions of this chapter for each location at which that activity is to occur. No new tobacco retailer license shall be issued under this chapter after January 28, 2020. Tobacco retailers in possession of a valid license on January 28, 2020 may continue to conduct retail tobacco sales and annually renew their licenses in compliance with this chapter. Section 2. Sections 5.78.060, 5.78.070 and 5.78.140 of Chapter 5.78 “Tobacco Retailers” of Title 5 of the Hermosa Beach Municipal Code are hereby repealed and the subsequent sections in Chapter 5.78 renumbered accordingly. Section 3. Subparagraph (F)(1) of Section 5.78.100 of Chapter 5.78 “Tobacco Retailers” of Title 5 of the Hermosa Beach Municipal Code is amended to read as follows: F. Electronic Smoking Device. 1. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any electronic smoking device or products for the electronic smoking device. 2 Section 4. CEQA. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is not a “project” under CEQA Guidelines Section 15378. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. Section 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this ____ day of _____________ 2020. VOTE: AYES: NOES: ABSTAIN: ABSENT: _____________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ City Clerk City Attorney Considerations: Tobacco Sales Restrictions Information Prepared by Malone Tobacco Policy Research Group, University of California, San Francisco The tobacco epidemic: Background and current context The tobacco epidemic is a phenomenon of the 20th century. Only after the invention of the cigarette rolling machine in the late 1800s did the cigarette become the single most deadly consumer product ever sold, causing millions of premature, preventable deaths.1 The tobacco industry knew for decades that its products were deadly, but concealed the evidence from the public.2 Globally, public health leaders have begun discussing how to end the tobacco epidemic.3 The 50th anniversary edition of the U.S. Surgeon General’s Report on the Health Consequences of Smoking suggests policies to do this, including “greater restrictions on sales, particularly at the local level, including bans on entire categories of products.”4 California is a world leader, with the second-lowest smoking prevalence of any US state after Utah.5 If present progress continues, retailers will soon need to develop new business models that do not rely on tobacco sales. Facts about smoking Smoking is the leading preventable cause of disease and death in the US, responsible for about 1 in every 5 deaths, more deaths each year than human immunodeficiency virus HIV, illegal drug use, alcohol use, motor vehicle injuries, microbial agents, such as flu and pneumonia, and toxic agents, combined.6 In California, 40,000 adults die annually from smoking, and 440,600 California youth now aged 0- 17 are projected to eventually die from smoking.7 In 2009, the cost of smoking in California totaled $18.1 billion: $9.8 billion in healthcare costs, $1.4 billion in lost productivity from illness, and $6.8 billion in lost productivity from premature mortality. This adds up to $487 per state resident and $4,603 per smoker.8 Smoking is concentrated among marginalized communities, including those living below the poverty level, sexual and gender minorities, and persons with mental health disorders, contributing to disparities in smoking-related disease and death.9-14 The retail environment influences smoking The ubiquity of tobacco outlets undermines a strong public health message that tobacco products are addictive and deadly,15 and helps normalize smoking, suggesting that tobacco use is common and acceptable.16 Tobacco outlet density increases the likelihood of smoking among both minors16-28 and adults,29- 31 and living near tobacco outlets is associated with unsuccessful quit attempts.32-35 Tobacco use disparities have also been linked to the greater concentration of tobacco outlets in economically and socially deprived neighborhoods compared with wealthier neighborhoods.36-44 Emerging evidence suggests that tobacco retailer reduction is associated with a decline in cigarette pack purchases.45 Policy considerations The most fundamental purpose of consumer protection law is to protect people from hazardous products. The 1985 United Nations consumer protection guidelines state that “Governments should adopt or encourage the adoption of appropriate measures . . . to ensure that products are safe for either intended or normally foreseeable use.”46 Any other product that caused the well- documented levels of death and disease that the cigarette does would have been recalled from the market decades ago. Sales of other legally sold consumer products that were found to be dangerous to the public have been phased out, including leaded gasoline, leaded paint and asbestos. Recently, New Jersey and California have ended cash bail systems as harmful to defendant s and communities. The 2009 Family Smoking Prevention and Tobacco Control Act specifically permits states and localities to prohibit sales of tobacco products.47 A phased approach, where policy tools are used to raise prices, create incentives for retailers to make the transition, and shrink further the number of places in which tobacco is sold, may be the most feasible. Nationwide, support for a ban on tobacco sales within a ten -year time frame was 55% among nonsmokers and 33% among smokers in 2011.48 Resources focused on other sales-related policies are available e.g., banning the sale of tobacco in pharmacies,49 setting high minimum prices, and using zoning or tobacco retail licensing ordinances to cap the number of retailers in a particular area.50-52 Contact: Professor Ruth E. Malone, RN, PhD Department of Social and Behavioral Sciences University of California, San Francisco Ruth.malone@ucsf.edu 415-476-3273 References 1. Proctor RN. Golden holocaust: origins of the cigarette catastrophe and the case for abolition. Berkeley: University of California Press; 2011. 2. Brandt AM. The cigarette century: the rise, fall, and deadly persistence of the product that defined America. New York: Basic Books; 2007. 3. McDaniel PA, Smith EA, Malone RE. The tobacco endgame: a qualitative review and synthesis. Tob Control 2016;25(5):594-604. 4. U.S. Department of Health and Human Services. The Health Consequences of Smoking--50 Years of Progress: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Prom otion, Office on Smoking and Health; 2014. 5. Odani S, Armour BS, Graffunder CM, Willis G, Hartman AM, Agaku IT. State-specific prevalence of tobacco product use among adults - United States, 2014-2015. MMWR Morb Mortal Wkly Rep 2018;67(3):97-102. 6. Centers for Disease Control and Prevention. National health report highlights. 2014. https://www.cdc.gov/healthreport/publications/compendium.pdf. Accessed 23 January 2019. 7. Centers for Disease Control and Prevention. Best practices for comprehensive tobacco control programs. 2014. http://www.cdc.gov/tobacco/stateandcommunity/best_practices/. Accessed 23 January 2019. 8. Max W, Sung HY, Shi Y, Stark B. The cost of smoking in California. Nicotine Tob Res 2016;18(5):1222-9. 9. Centers for Disease Control and Prevention. Current Cigarette Smoking Among Adults in the United States. 2018. http://www.cdc.gov/tobacco/data_statistics/fact_sheets/adult_data/cig_smoking/. Accessed 3 October 2018. 10. Lawrence D, Mitrou F, Zubrick SR. Smoking and mental illness: results from population surveys in Australia and the United States. BMC Public Health 2009;9:285. 11. Mowls DS, Campbell J, Beebe LA. Race and gender disparities in lung cancer incidence rates, 2001-2010. J Okla State Med Assoc 2015;108(11):482-7. 12. Kurian AK, Cardarelli KM. Racial and ethnic differences in cardiovascular disease risk factors: a systematic review. Ethn Dis 2007;17(1):143-52. 13. Caleyachetty R, Tehranifar P, Genkinger JM, Echouffo-Tcheugui JB, Muennig P. Cumulative social risk exposure and risk of cancer mortality in adulthood. BMC Cancer 2015;15:945. 14. National Cancer Institute. Monograph 22: A socioecological approach to addressing tobacco -related health disparities. 2017. https://cancercontrol.cancer.gov/brp/tcrb/monographs/22/index.html. Accessed Sep tember 12 2017. 15. Chapman S, Freeman B. Regulating the tobacco retail environment: beyond reducing sales to minors. Tob Control 2009;18(6):496-501. 16. Schleicher NC, Johnson TO, Fortmann SP, Henriksen L. Tobacco outlet density near home and school: Asso ciations with smoking and norms among US teens. Prev Med 2016;91:287 -293. 17. Chan WC, Leatherdale ST. Tobacco retailer density surrounding schools and youth smoking behaviour: a multi -level analysis. Tob Induc Dis 2011;9(1):9. 18. McCarthy WJ, Mistry R, Lu Y, Patel M, Zheng H, Dietsch B. Density of tobacco retailers near schools: effects on tobacco use among students. Am J Public Health 2009;99(11):2006-13. 19. Larsen K, To T, Irving HM, Boak A, Hamilton HA, Mann RE, et al. Smoking and binge-drinking among adolescents, Ontario, Canada: Does the school neighbourhood matter? Health Place 2017;47:108 -114. 20. Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? Prev Med 2008;47(2):210-4. 21. Scully M, McCarthy M, Zacher M, Warne C, Wakefield M, White V. Density of tobacco retail outlets near schools and smoking behaviour among secondary school students. Aust N Z J P ublic Health 2013;37(6):574-8. 22. Adams ML, Jason LA, Pokorny S, Hunt Y. Exploration of the link between tobacco retailers in school neighborhoods and student smoking. J Sch Health 2013;83(2):112-8. 23. Shortt NK, Tisch C, Pearce J, Richardson EA, Mitchell R. The density of tobacco retailers in home and school environments and relationship with adolescent smoking behaviours in Scotland. Tob Control 2016;25(1):75 -82. 24. Lipperman-Kreda S, Mair C, Grube JW, Friend KB, Jackson P, Watson D. Density and proxim ity of tobacco outlets to homes and schools: relations with youth cigarette smoking. Prev Sci 2014;15(5):738-44. 25. Novak SP, Reardon SF, Raudenbush SW, Buka SL. Retail tobacco outlet density and youth cigarette smoking: a propensity-modeling approach. Am J Public Health 2006;96(4):670-6. 26. Marashi-Pour S, Cretikos M, Lyons C, Rose N, Jalaludin B, Smith J. The association between the density of retail tobacco outlets, individual smoking status, neighbourhood socioeconomic status and school locations in N ew South Wales, Australia. Spat Spatiotemporal Epidemiol 2015;12:1-7. 27. Lipperman-Kreda S, Grube JW, Friend KB. Local tobacco policy and tobacco outlet density: associations with youth smoking. J Adolesc Health 2012;50(6):547-52. 28. Finan LJ, Lipperman-Kreda S, Abadi M, Grube JW, Kaner E, Balassone A, et al. Tobacco outlet density and adolescents' cigarette smoking: a meta -analysis. Tob Control 2018. 29. Cantrell J, Pearson JL, Anesetti-Rothermel A, Xiao H, Kirchner TR, Vallone D. Tobacco retail outlet density and young adult tobacco initiation. Nicotine Tob Res 2016;18(2):130-7. 30. Pearce J, Rind E, Shortt N, Tisch C, Mitchell R. Tobacco retail environments and social inequalities in individual-level smoking and cessation among Scottish adults. Nicotine Tob Res 2016;18(2):138-46. 31. Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health 2005;59(7):568 -73. 32. Reitzel LR, Cromley EK, Li Y, Cao Y, Dela Mater R, Mazas CA, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health 2011;101(2):315-20. 33. Chaiton MO, Mecredy G, Cohen J. Tobacco retail availability and risk of relapse among smoker s who make a quit attempt: a population-based cohort study. Tob Control 2018;27(2):163-169. 34. Halonen JI, Kivimaki M, Kouvonen A, Pentti J, Kawachi I, Subramanian SV, et al. Proximity to a tobacco store and smoking cessation: a cohort study. Tob Control 2014;23:146-151. 35. Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR. The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction 2015;110(1):152 -61. 36. Hyland A, Travers MJ, Cummings KM, Bauer J, Alford T, Wieczorek WF. Tobacco outlet density and demographics in Erie County, New York. Am J Public Health 2003;93(7):1075-6. 37. Loomis BR, Kim AE, Goetz JL, Juster HR. Density of tobacco retailers and its association with sociodemographic characteristics of communities across New York. Public Health 2013;127(4):333-8. 38. Marsh L, Doscher C, Robertson LA. Characteristics of tobacco retailers in New Zealand. Health Place 2013;23:165 -70. 39. Reid RJ, Morton CM, Garcia-Reid P, Peterson NA, Yu D. Examining tobacco outlet concentration in New Jersey: does income and ethnicity matter? J Ethn Subst Abuse 2013;12(3):197-209. 40. Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent JD. Predictors of tobacco outlet density na tionwide: a geographic analysis. Tob Control 2013;22(5):349-55. 41. Schneider JE, Reid RJ, Peterson NA, Lowe JB, Hughey J. Tobacco outlet density and demographics at the tract level of analysis in Iowa: implications for environmentally based prevention ini tiatives. Prev Sci 2005;6(4):319-25. 42. Yu D, Peterson NA, Sheffer MA, Reid RJ, Schnieder JE. Tobacco outlet density and demographics: Analysing the relationships with a spatial regression approach. Public Health 2010;124(7):412 -416. 43. Fakunle DO, Milam AJ, Furr-Holden CD, Butler J, 3rd, Thorpe RJ, Jr., LaVeist TA. The inequitable distribution of tobacco outlet density: the role of income in two Black Mid -Atlantic geopolitical areas. Public Health 2016;136:35-40. 44. Fakunle D, Morton CM, Peterson NA. The importance of income in the link between tobacco outlet density and demographics at the tract level of analysis in New Jersey. J Ethn Subst Abuse 2010;9(4):249 -59. 45. Polinski JM, Howell B, Gagnon MA, Kymes SM, Brennan TA, Shrank WH. Impact of CVS Pharmacy's Discontinuance of Tobacco Sales on Cigarette Purchasing (2012-2014). Am J Public Health 2017;107(4):556-562. 46. United Nations. Guidelines for Consumer Protection. 2016. https://unctad.org/en/PublicationsLibrary/ditccplpmisc2016d1_en.pdf. Accessed February 4 2019. 47. Family Smoking Prevention and Tobacco Conrol Act. 2009. https://www.congress.gov/bill/111th-congress/house- bill/1256. Accessed January 23 2019. 48. Connolly GN, Behm I, Healton CG, Alpert HR. Public attitudes regarding banning of cigarettes and regulation of nicotine. Am J Public Health 2012;102(4):e1-2. 49. Public Health Law Center. Prohibiting pharmacy sales of tobacco products: tips and tools. 2018. https://publichealthlawcenter.org/sites/default/files/resources/Prohibiting-Pharmacy-Sales-of-Tobacco-Products-2018.pdf. Accessed January 25 2019. 50. Counter Tobacco.org. Licensing, zoning, and retailer density. 2018. https://countertobacco.org/policy/licensing-and- zoning/. Accessed January 23 2019. 51. American Lung Association Center for Tobacco Policy and Organizing. Local tobacco policies in the retail environment. 2017. https://center4tobaccopolicy.org/wp-content/uploads/2017/08/Local-Tobacco-Policies-in-the-Retail- Environment-2017-08.pdf. Accessed January 23 2019. 52. American Lung Association Center for Tobacco Policy and Organizing. Matrix of ordinances restricting tobacco retailers near schools. 2016. https://center4tobaccopolicy.org/wp-content/uploads/2016/10/Matrix-of-Ordinances- Restricting-Retailers-Near-Schools-Sept-2016.pdf. Accessed January 23 2019. 1Smith EA, Malone RE. Tob Control 2019;0:1–6. doi:10.1136/tobaccocontrol-2019-055079 An argument for phasing out sales of cigarettes Elizabeth A Smith , Ruth E Malone Special communication To cite: Smith EA, Malone RE. Tob Control Epub ahead of print: [please include Day Month Year]. doi:10.1136/ tobaccocontrol-2019-055079 Social and Behavioral Sciences, University of California San Francisco, San Francisco, California, USA Correspondence to Dr Elizabeth A Smith, Social and Behavioral Sciences, University of California San Francisco, San Francisco, CA 94143, USA; libby. smith@ ucsf. edu Received 27 March 2019 Revised 21 August 2019 Accepted 26 August 2019 © Author(s) (or their employer(s)) 2019. Re-use permitted under CC BY-NC. No commercial re-use. See rights and permissions. Published by BMJ. AbSTrACT The successes of tobacco control in some countries and locales have led to discussions of ending the tobacco epidemic, often called the ’endgame’. In this paper, we recommend articulating the endgame goal as phasing out sales of cigarettes, a goal once called ’unthinkable’. We develop a logic and argumentation for ending cigarette sales intended to move the discussion beyond the shadow of ’prohibition’, proposing an approach that appeals to consumer protection standards and suggesting that the effort be led by low-prevalence communities. While phasing out cigarettes will not happen everywhere all at once, and may unfold differently along several lines, we argue that the gradual phase-out approach we propose will reduce the likelihood of the negative consequences often predicted to come with such a policy. To continue permitting widespread sales of the single most deadly consumer product in history is a public health failure that must be addressed. The idea of developing an ‘endgame’ plan for tobacco has engaged researchers and public health advocates for the last decade.1–4 Several countries have set endgame goals.5–9 Endgame framing has encouraged advocates to move beyond an ongoing struggle to ‘control’ tobacco’s impacts to imagine that an endpoint – a specific, measurable outcome marking an end to the tobacco epidemic -- is possible in the foreseeable future, and to begin to develop strategies to achieve it.2–4 10 11 Although the ‘endgame’ term is used widely, its definition remains ambiguous. There is little consensus on whether new policies are needed, beyond full, effective implementation of the measures called for by the World Health Organiza- tion Framework Convention on Tobacco Control.12 There is also variability in the goals countries have set. For example, Finland has asserted a goal of less than 5% daily tobacco use prevalence by 2030.6 13 Canadians recently discussed an endgame goal of ‘less than 5 (% prevalence) by 2035’.5 Denmark’s goal is: ‘none of the children born today smoking in 2030’.9 It is unsurprising that there is some scepticism regarding the tobacco endgame. Most innovative tobacco control policies were initially regarded as impractical, impossible or extreme before eventu- ally becoming standard features of the policy land- scape. Furthermore, everyone working in tobacco control today was born in the ‘cigarette century’14; thus, no one now alive has experienced a time when commercial tobacco products were not ubiq- uitously sold (except perhaps recently in Bhutan, which banned tobacco sales and production).15 These circumstances make imagining an endgame especially challenging. In this paper, we argue that ending cigarette sales, led by jurisdictions with already-low smoking prevalence, should be artic- ulated publicly as the endpoint goal. Ending sales of cigarettes, widely acknowledged to be the most deadly consumer product on the market, would advance public health by treating them like many other (unsafe) products. As a global oligopoly, the tobacco industry has enough money to influence policy-makers, outspend political opponents, and create social, political and scientific institutions to act on its behalf. These activities have created the current situation, in which jurisdictions struggle to concep- tualise a workable policy regime to end the tobacco epidemic. The fact that even tobacco control advo- cates, who understand the devastation tobacco has caused, often dismiss the idea of ending ciga- rette sales as naïve, infeasible or unwise, suggests how deeply normalised cigarette sales still remain. While we do not underestimate the magnitude of the effort required to end cigarette sales on a large scale, unwillingness to name it as a goal renders it impossible to achieve. We define the endpoint as ending sales of cigarettes and similar combusted products (eg, little cigars), because in most countries, they are responsible for the largest part of tobacco-caused morbidity and mortality. They also remain the tobacco industry’s single largest source of profits and power. The place in the endgame of other, apparently less hazardous products (such as low-ni- trosamine smokeless tobacco products, heated tobacco products and e-cigarettes), may vary by jurisdiction, as we discuss below. Here, we discuss the evidence suggesting that ending cigarette sales will be an effective endgame approach, and propose a logic and argumentation for phasing out cigarette sales that moves beyond the ‘prohibition doesn’t work’ narrative trope. EvidEnCE for phASing ouT CigArETTE SAlES Although the outcome of new policies is always uncertain, evidence suggests that removing ciga- rettes from the market would result in fewer people smoking. Higher tobacco outlet density is associated with a higher likelihood of smoking initiation by minors16 and adults,17 and living near tobacco outlets is associated with unsuccessful quit attempts.18 19 Emerging evidence also suggests that tobacco retailer reduction is associated with a decline in cigarette pack purchases.20 In the USA, point of sale promotions are the most visible tobacco advertisements; eliminating such promo- tions (as would occur if sales were ended) is also associated with reduced odds of regular smoking among adults21 and adolescents.22 Ending cigarette sales would also have a powerful secondary impact: copyright. on November 18, 2019 by guest. Protected byhttp://tobaccocontrol.bmj.com/Tob Control: first published as 10.1136/tobaccocontrol-2019-055079 on 21 September 2019. Downloaded from 2 Smith EA, Malone RE. Tob Control 2019;0:1–6. doi:10.1136/tobaccocontrol-2019-055079 Special communication further denormalising the cigarette industry. Tobacco industry denormalisation is associated with reduced smoking prevalence among youth and young adults, reduced smoking initiation among youth, and increased intentions to quit.23 ThE EndgAmE And ConSumEr produCT SAfETy The idea of abolishing cigarette sales frequently raises concerns (at least in the US context) about alcohol prohibition and the various problems that accompanied it.24 But prohibition is not the only historical and rhetorical parallel; other laws and norms can be drawn on to shape understanding of ending cigarette sales. In 1985, the United Nations unanimously adopted guide- lines for consumer protection. The guideline on physical safety states that ‘Governments should adopt or encourage the adop- tion of appropriate measures… to ensure that products are safe for either intended or normally foreseeable use.’25 Beyond these guidelines, in the 20th century, many countries developed more specific laws and regulations aimed at protecting the public. In the countries with the largest multinational tobacco companies (ie, the USA, the UK, Japan and the European Union nations), it is now taken for granted that cars undergo crash tests before they are sold, food manufacturers and processors are held to hygienic standards, and drugs undergo clinical trials to establish safety and effectiveness. Legal consumer products found to be hazardous are regularly pulled from the market, such as toys presenting choking hazards for children; batches of contaminated processed food or individual components of complex goods (eg, batteries, airbags) that work improperly. Manufacturers or retailers some- times recall goods that appear to malfunction, even without reported injuries. For the most part, consumers assume that products offered for sale are reasonably safe. Additionally, tobacco control practitioners are using human rights standards. The 2018 Cape Town Declaration on Human Rights and a Tobacco-free World finds that ‘the manufacture, marketing and sale of tobacco are incompatible with the human right to health’, and reaffirms the International Covenant on Economic, Social and Cultural Rights (ICESCR) statement that the ‘failure to discourage production, marketing and consump- tion of tobacco’ is a ‘violation of the obligation to protect’ the right to health.26 27 The bizarre exception to both standards is the cigarette, shown to kill as many as two-thirds of its long-time users28 29 yet essentially unregulated. (The regulations in place largely apply to packaging, promotion or sales, not the design or contents of the product itself.) When consumer protection agencies and laws were established, in the early 20th century, tobacco was omitted. The cigarette continued to be sold even as evidence about its dangers mounted, due to the industry’s political power.14 30 The US Food and Drug Administration (FDA), for example, had no power to regulate tobacco until recently, as tobacco was excluded from its jurisdiction as not ‘intended to affect the struc- ture or any function of the body’ (the definition of a drug).31 (In fact, the tobacco industry intentionally engineered its products in multiple ways to maximise certain effects on the body, but this was not widely known.32) Even now, a decade after the 2009 US Family Smoking Prevention and Tobacco Control Act (FSPTCA) which gave the FDA regulatory power over tobacco products, the FDA has no power to remove these existing, ‘grandfathered’ deadly products from the market,33 so no national phase-out of cigarette sales would be possible in the USA without Congres- sional action, a highly unlikely scenario. However, as we discuss below, other options are possible, and for various reasons, prob- ably preferable. ThE ‘righT’ To uSE vErSuS ThE ‘righT’ To SEll The tobacco industry defines the central issue of tobacco control as the individual right to use tobacco,34 35 eliding the issue of a company’s responsibility to sell safe products. This framing has been successful: attempts to discuss removing cigarettes from the market frequently give rise to questions not about the ethics of allowing them to be sold, but about the ethics of restricting consumer freedom,36 the assertions of the Cape Town Decla- ration and ICESCR notwithstanding. However, in the USA, at least, it is clear that there is no legal ‘right to smoke’.37 From the consumer protection standpoint, most people do not believe that people ‘need’, ‘deserve’ or ‘have the right to’ purchase cars that are unsafe to drive, medications that poison them or food that spreads disease. The promulgation of the idea that there is a ‘right’ to buy cigarettes, and the characterisation of the industry as a simple conduit of those products, an inev- itability of a naturally occurring market, are arguably the most potent, deceptive and dangerous aspects of tobacco industry power. The ‘right to smoke’ framing obscures the generally accepted ethical obligation of reputable companies to sell only products that do not cause great harm when used as intended. To plan an end to cigarette sales, therefore, requires compre- hending and developing strategies for conveying to the public that the cigarette industry is an extreme outlier in the legal and regulatory landscape of consumer protection, rather than an ordinary business. In terms of consumer protection, the goal is to create a level playing field, in which the tobacco industry must meet normal expectations for product safety. With a consumer protection framing, rational policy-making follows: laws and norms that ensure the safety of consumer products should apply to cigarettes. Tobacco control policy could be truly guided by the principles of Cape Town, ICESCR, and the UN guidelines. In the USA, tobacco products are exempted from the Consumer Products Safety Act38; however, the Act does not prevent states and other jurisdictions from enacting more stringent standards than those established by the Act, and they often do. Similarly, the 2009 FSPTCA specifically permits state or local jurisdictions to adopt more stringent laws ‘relating to or prohibiting the sale, distribution, possession, exposure to, access to, advertising and promotion of, or use of tobacco products by individuals of any age,’33 leaving the door open for states or local governments to end cigarette sales. The 50th Anniversary edition of the US Surgeon General’s Report on the Health Consequences of Smoking explicitly proposes state or local bans on sales of whole classes of tobacco products.39 bEnEfiTS of Ending SAlES Ending sales deprives the industry of income and represents the most concrete way to denormalise the product. Equally impor- tantly, ending sales could reduce the industry’s influence in government and policy-making by challenging its legitimacy.40 Notably, however, defining the endpoint as ending cigarette sales does not require that no one could or would ever use tobacco (or other nicotine products). Tobacco is a product that has been used in some form for centuries and some use (both ritual and addic- tion based) is likely to continue; however, it is only since the commercialisation of cigarettes that the problems its use causes have reached epidemic proportions.14 32 Not expecting policies to achieve total ‘prohibition’ or zero prevalence recognises this. Objectors to proposed endgame-advancing policy proposals commonly refer to black markets or the failures and unin- tended consequences of alcohol prohibition. But these objec- tions, often supported by industry-funded research, typically copyright. on November 18, 2019 by guest. Protected byhttp://tobaccocontrol.bmj.com/Tob Control: first published as 10.1136/tobaccocontrol-2019-055079 on 21 September 2019. Downloaded from 3Smith EA, Malone RE. Tob Control 2019;0:1–6. doi:10.1136/tobaccocontrol-2019-055079 Special communication assume exaggerated proportions of illicit trade.41 Furthermore, under Prohibition, alcohol use prevalence was high, many users perceived their own use to be unproblematic, and possession and use were criminalised, leading to widespread law-breaking and reduced respect for law enforcement. In contrast, phasing out cigarette sales in a jurisdiction with already-low smoking preva- lence (without reference to possession and use) is quite different. Many smokers already perceive their own use to be problematic (eg, they want to quit42) and thus might be less likely to seek out illicitly sold cigarettes. Furthermore, eliminating ready access to cigarettes could enhance success in cessation, since smokers experience stronger cravings when they expect to be able to smoke in the near future.43 44 While some illegal underground sales (whether home-grown or through neighbouring commu- nities) are likely to occur, these types of activities seem unlikely to represent a black market so substantial that it would become worse for public health than the status quo. To make phasing out cigarette sales the endpoint goal, it is not necessary to envision it as happening everywhere all at once. Rather, we predict that ending cigarette sales will take place gradually, jurisdiction by jurisdiction, beginning in low-preva- lence locales and potentially supported by a new narrative about fairness under consumer protection principles. This is particu- larly true in the USA, where many cities and counties have the ability to enact innovative laws. This gradual implementation of sales bans city by city, rather than being a problem, could make genuinely substantial black markets less likely to flourish. The combination of a relatively small customer base (due to already-low prevalence in the jurisdictions initiating the poli- cies) and the modest initial extension of distance for consumers to purchase legally would render the risks involved in a highly organised black market operation less attractive. The history of US tobacco control policy suggests that each location taking this step may enable others to do likewise, and that new policies can change the prevailing narrative about tobacco. For example, Beverly Hills, California is ending sales of cigarettes and other products as of January 2021.45 Beverly Hills has a population of approximately 34 000 with a low smoking prevalence, and is surrounded by the much larger city of Los Angeles. Assuming it implements the ordinance, ciga- rettes will still be available in adjacent areas. However, other jurisdictions in the region are already studying this option. If the policy spreads (as, for example, clean indoor air laws did, despite industry efforts) an eventual statewide policy ending cigarette sales would have a significant impact on smoking, and also on the industry and its political influence in the state. fEdErAl ACTion There are some indications that the FDA could at some point move to implement a product standard for all cigarettes sold in the USA that would mandate lowering nicotine to minimally or non-addictive levels.46 Given the extensive time involved in federal rulemaking, it is difficult to predict whether and when such a strategy will be operationalised. However, the very low nicotine content (VLNC) cigarette requirement could actually work in tandem with a gradually executed phase-out of cigarette sales as a complementary strategy, rendering it less likely that consumers would make the additional effort to travel to neigh- bouring jurisdictions to obtain the less-attractive and less-addic- tive VLNC cigarettes still being sold there. While a black market in higher nicotine cigarettes is possible, that would be a possibility of the VLNC strategy itself, not a direct consequence of ending cigarette sales in a community with already-low prevalence. ChAnging ThE nArrATivE Achieving an end to the tobacco epidemic will be an arduous and lengthy process. But advocates must be willing to state publicly their goal. For any endgame plan, the narrative about cigarette sales must shift to end the perception that cigarettes are an ordi- nary consumer product. Rather, selling cigarettes should be char- acterised as selling an inherently defective/unsafe product that falls into the same category as contaminated food, asbestos and lead paint. These are products that states find too hazardous to be made available to the public, and regardless of cost (lost tax revenue/increased regulation/jobs eliminated), the government removes them from the marketplace. Tobacco control advocates may believe that they have already been giving the clear message that cigarettes are too hazardous to use, but by tacitly acceding to the idea that cigarette sales must continue, that message is continually undermined. The confusion this causes is expressed by smokers who ask: if ciga- rettes are so dangerous, why are they legally and widely available for sale? Some also question whether raising tobacco taxes is less about public health and more for the benefit of the state’s bottom line, at the expense of smokers. Tobacco control advo- cates have contributed to this perception by advancing tobacco taxes as beneficial for state economies, beyond the reductions in consumption they produce. These lines of argument can give tobacco control proponents a credibility problem that industry apologists exploit. ChAllEngES industry opposition Achieving an end to cigarettes sales will require: low tobacco use prevalence rates (particularly in early adopting jurisdictions); an awareness among the public that the current situation is legally anomalous and ethically unacceptable; policy-makers prepared to act to protect public health despite industry opposition, loss of tobacco industry campaign contributions and lost tax reve- nues from cigarettes; and policy measures that are consistent with those values. Additional strategic legal, constitutional, ethical, historical, political and communications research will be needed to advocate for an end to cigarette sales in various jurisdictions while continuing to implement ‘status quo’ tobacco control measures. The consumer products safety narrative we discuss is just one approach to building the case; in different places, different narratives (eg, human rights and social justice) may be more effective or resonant with existing law and social norms. However, it is important to note that the tobacco industry no longer exerts the social and political power it once did, partic- ularly in the many locales discussing endgame ideas. Indicators include a recent move towards divestment from tobacco stocks from large portfolios47–50; refusal of journals to publish tobacco industry funded research51 52; refusal of policy-makers to accept campaign contributions from tobacco companies and failure of tobacco industry-sponsored ballot initiatives.53 public opposition Up to 90% of smokers regret that they started54 and 70% want to quit42; thus in the areas with low smoking prevalence (<10%) likeliest to implement cigarette sales bans under our proposal, the total population who would potentially object strongly would be about 1%–3% (ie, the 10%–30% of smokers who do not regret starting and/or do not want to quit). Polling data from various regions and countries indicate that, even in the absence of any copyright. on November 18, 2019 by guest. Protected byhttp://tobaccocontrol.bmj.com/Tob Control: first published as 10.1136/tobaccocontrol-2019-055079 on 21 September 2019. Downloaded from 4 Smith EA, Malone RE. Tob Control 2019;0:1–6. doi:10.1136/tobaccocontrol-2019-055079 Special communication campaigns for ending cigarette sales, majorities of non-smokers (and 12%–46% of smokers) support the idea.3 gradual versus abrupt approaches Normally, once a product is determined to be unsafe, sales are stopped as quickly as possible. However, a phased approach to ending cigarette sales seems more practicable from both polit- ical and consumer perspectives. One historical parallel is leaded gasoline. As with tobacco, manufacturers knew for decades that leaded gasoline was hazardous and concealed that knowledge.55 Still, the eventual phase-out of leaded gasoline in the USA took a decade.56 A gradual approach acknowledges the difficulties associated with eliminating a widely used and addictive product. However, those difficulties should not be overstated. Notwithstanding the popular idea that tobacco is more addictive than heroin,57 compared with some other addictive substances, withdrawal from nicotine is mild. The legality, ubiquity and cheapness of cigarettes, as well as the lack of immediate visible negative consequences to smoking, make them ‘more difficult to quit than heroin’, not their neurochemical effects or the severity of withdrawal. In places where tobacco control is more advanced a ‘softening’ of the remaining smoking population has occurred, rather than the ‘hardening’ theorised by some proponents of market-based approaches to the endgame.58 This means that the remaining smokers, while they may find quitting difficult, are less invested in continuing to smoke. Given that 70% of smokers say they want to quit,42 reducing product availability and accessi- bility can support smokers by reducing relapse.43 44 Policy adop- tion rarely happens quickly, and the debate over ending sales would give smokers motivation to prepare by quitting. Nicotine replacement products (both pharmaceutical and commercial) are readily available. In many places, e-cigarettes or other alterna- tive products would also remain available. Therefore, it would potentially be feasible for jurisdictions to adopt policies with a short phase-out period. The envisioned jurisdiction-by-jurisdiction approach is in itself a gradual one. If cities or counties adopt sales bans, as in the Beverly Hills case, it is likely that acquiring cigarettes will initially only necessitate travel to nearby areas, becoming incon- venient rather than impossible. While some might interpret such measures as merely ‘symbolic’, virtually every important advance in tobacco control policy began with measures similarly char- acterised. For example, the initial efforts to achieve smoke-free sections in restaurants were, for all practical purposes, merely symbolic, since smoke still drifted from the smoking section. However, by establishing a different narrative understanding about the boundaries and effects of secondhand smoke, those early policies led the transition from symbolic to material. Substitute sources of revenue Another ‘addiction’ to address is that of the tobacco industry and states to tobacco revenue (profits or taxes)59 and the political power that sustains. Some jobs, particularly those involved in manufacturing, will be lost as cigarette sales decline. However, others may be created or changed. In places with already-low smoking prevalence, retailers will need to transition their busi- ness models in any case, as tobacco sales drop. Retailers, perhaps with incentives from governments, will find other products to sell. Ending sales will mean weaning states from tobacco tax revenue. A moral argument can be made that necessities such as roads and schools should not be dependent on revenue from sales of lethal products. However, advocates and policy-makers will need to plan for sources of replacement revenue, planning that is needed anyway as smoking prevalence drops. In the long run, reduced healthcare costs will offset some revenue losses; in the short run, some financing structures will have to be reconsid- ered. It is important to note, however, that the money currently spent on cigarettes will not disappear when they are no longer sold: it will largely be spent on other taxed products.60 Substitute products Cigarettes are sometimes considered unlike leaded gasoline or asbestos, because acceptable substitutes for those products were available when they were removed from the market. Currently, with the development of e-cigarettes and other tobacco and nicotine products, there are more substitutes for smoked tobacco than ever. Cigarettes are unlike leaded gasoline and asbestos, in that they have no useful cigarette-specific function to be replaced. The functions that cigarettes are advertised or sometimes claimed by smokers to provide (eg, relaxing, focusing and aiding in socialising) are not only desirable to smokers. It seems likely that, in the long run, the functions of cigarettes will be replaced with other products and practices now used by non-smokers, with entirely new products, or, perhaps, with other tobacco or nicotine products with a lower harm profile. The nature of an ‘acceptable substitute’ also changes depending on whether the product being substituted is still readily available. Thus, those who currently choose cigarettes over other nicotine products will likely find other products more ‘acceptable’ once cigarettes are not as widely sold. Eliminating versus transforming the cigarette industry Some argue that endgame policies should focus on ‘trans- forming’ the industry through measures to encourage devel- opment, marketing and use of the proliferating variety of alternative nicotine devices instead of cigarettes, a narrative the industry is eager to further.61 Because the standard being set revolves around consumer product safety, regulators could set product safety standards and those meeting the standard could be sold where sales of such types of products were permitted.62 Currently, whether and which new products are in fact safe or safer long-term remains undetermined, though there are other existing tobacco and nicotine products currently on the market that research shows have lower harm profiles than cigarettes.63 64 One important chapter from the history of tobacco control, the introduction of filtered and ‘low-tar’ cigarettes, shows that even products that intuitively seem safer, and even with research evidence demonstrating, for example, reduced toxicant yield— may in fact prove otherwise as actually used. Although it has always been in the power of tobacco companies to transform themselves by ceasing to sell cigarettes (as they have promised to do if they were proven hazardous),65 66 they continue to sell them.67 Public health policies that place cigarettes under the same consumer safety regimen as other products are efforts to ‘transform the industry’. This ‘transformation’ might mean that some cigarette compa- nies are eventually forced out of business, if they cannot develop safe or markedly safer products. Recent actions addressing the bail bonds industry by two US states show that it is possible to enact policies that largely eliminate a thriving industry because it harms individuals and communities. New Jersey(NJ)68 and, most recently, California,69 have largely eliminated cash bail, seeing it as unfair and harmful to people who cannot afford to pay it and thus may lose jobs, housing, or custody of children copyright. on November 18, 2019 by guest. Protected byhttp://tobaccocontrol.bmj.com/Tob Control: first published as 10.1136/tobaccocontrol-2019-055079 on 21 September 2019. Downloaded from 5Smith EA, Malone RE. Tob Control 2019;0:1–6. doi:10.1136/tobaccocontrol-2019-055079 Special communication What this paper adds ►While discussions of an “endgame” for the tobacco epidemic have been ongoing for the past decade, the cigarette—the single most deadly consumer product in history—remains widely available for sale. This represents a massive public health failure to protect. ►This paper, drawing on principles of consumer protection, makes the argument that phasing out sales of cigarettes should be the endgame goal, led first by low-prevalence jurisdictions with strong tobacco control policies. We offer evidence that such an approach would be likely to further reduce smoking and have minimal negative unintended consequences. while presumed innocent and awaiting trial. An Atlantic City (NJ) editorial noted: ‘Nationwide, bail bonding in 2016 was a US$2 billion industry … Much of that business is destined to disappear, along with many of the businesses and jobs. That’s unfortunate, but pales compared with the harm to society from a system in which two-thirds of American prisoners have not even been convicted.’68 Similar sentiments could apply to the eventual shuttering of cigarette companies. ConCluSion Our analysis has primarily focused on the US context and the narrative framing of consumer products safety to make the case for phasing out cigarette sales. However, the move to end ciga- rette sales may unfold differently in other countries depending on their governmental structures, implementation and enforce- ment mechanisms, cultural contexts, and engagement with various versions of harm reduction. We have argued that a gradual, jurisdiction-by-jurisdiction phase-out of cigarette sales, beginning with low-prevalence jurisdictions, is justified based on consumer product safety standards, that it would be effective in denormalising the product, reducing tobacco use and relapse among smokers trying to quit, and that the potential negative consequences of such measures are mitigable or unlikely to be worse for public health than the current status quo. The situation in low-income and middle-income countries, where tobacco companies are still aggressively seeking to build markets, may call for consideration of different approaches depending on the political and policy climate. However, being able to say to policy-makers in those countries that many cities in wealthier countries have now ended sales of these prod- ucts could provide important leverage for advocates. As some tobacco companies have themselves begun to discuss phasing out cigarette sales (in favour of other tobacco or nicotine prod- ucts they produce), cities or countries ending sales could call the industry’s bluff on cigarettes now, before smoking becomes more widespread. Developing an endgame requires rethinking common assump- tions about what is possible, and this has gradually changed over time. The tobacco industry and its allies have for years accused tobacco control of being ‘prohibitionists’ and ‘health Nazis’ for promoting such ‘radical’ ideas as clean indoor air. Advocates have often responded by denying these accusations, implicitly conceding a ‘right to smoke’ that ends only where it impinges on the health of non-smokers, and tacitly accepting the sale of deadly products. But a different approach is needed now. Tobacco control suggests that tobacco will always be with us, and this might be true, since it is a naturally occurring plant in some areas. But the cigarette epidemic need not always be with us. That is a product of the 20th century. Tobacco use on an individual level is perpetuated by addiction, but addiction and relapse are facilitated by widespread availability. The tobacco endgame is all about understanding that it is time to stop devoting resources to addressing the industrially produced effects of the tobacco epidemic without directly addressing the cause: widespread sales of cigarettes. It is about applying the principles of consumer protection and human rights in a fair and equitable way to halt the sale of a deadly product. While the work to accomplish this will be daunting, it is not impossible, nor is it any longer so ‘unthinkable’,70 and it is worth doing. The cigarette century14 is over. Acknowledgements The authors would like to thank Patricia McDaniel and the many reviewers of earlier versions of this paper for their valuable comments. Contributors EAS wrote a first draft of the paper. REM and EAS both contributed to subsequent drafts. funding The authors have not declared a specific grant for this research from any funding agency in the public, commercial or not-for-profit sectors. Competing interests REM owns one share each of Philip Morris International, Reynolds American and Altria stock for research and advocacy purposes and has participated in tobacco control advocacy. See full statement on funding here: https:// tobaccocontrol. bmj. com/ pages/ wp- content/ uploads/ sites/ 49/ 2016/ 12/ Ruth Malo neCo mpet ingi nter ests stat ement. pdf patient consent for publication Not required. provenance and peer review Not commissioned; externally peer reviewed. open access This is an open access article distributed in accordance with the Creative Commons Attribution Non Commercial (CC BY-NC 4.0) license, which permits others to distribute, remix, adapt, build upon this work non-commercially, and license their derivative works on different terms, provided the original work is properly cited, appropriate credit is given, any changes made indicated, and the use is non-commercial. See: http:// creativecommons. org/ licenses/ by- nc/ 4. 0/. orCid ids Elizabeth A Smith http:// orcid. org/ 0000- 0002- 4712- 513X Ruth E Malone http:// orcid. org/ 0000- 0002- 3324- 2183 RefeRences 1. Malone RE. Imagining things otherwise: new endgame ideas for tobacco control. 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Downloaded from City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0793 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 AUTHORIZE THE REMOVAL OF THE TRASH COMPACTOR IN PARKING LOT A AND APPROVE INDIVIDUAL AND SHARED CONTAINER SERVICE FOR PIER PLAZA BUSINESSES (Continued from meeting of December 17, 2019) (Environmental Programs Manager Doug Krauss) Recommended Action: Staff recommends that the City Council: 1.Authorize the removal of the trash compactor in Parking Lot A; and 2.Authorize Athens Services to implement individual and shared container service for Pier Plaza businesses including the construction of temporary enclosures. Executive Summary: The management of trash generated from Pier Plaza businesses has been an ongoing issue in the City’s downtown public parking lots.Since shortly after its installation,the City has observed accumulating trash,illegal dumping,and scavenging inside the trash compactor enclosure area south of Pier Plaza in City-owned Parking Lot A.Staff recommends that City Council authorize the removal of the trash compactor and authorize Athens Services to implement an individual and shared container service for Pier Plaza businesses,including the construction of temporary enclosures. Removal of the trash compactor enclosure and installation of new temporary enclosures for individual bins would be slated for completion by March 1,2020.Permanent enclosures would be installed with the upcoming Parking Lot A Capital Improvement Project #695, scheduled for 2021. Background: Athens Services (Athens)entered into an agreement with the City to provide Integrated Solid Waste Management Services for an eight-year term commencing July 1,2013.In accordance with Section 4.1.14 of the agreement,Athens installed a shared trash compactor facility for Pier Plaza businesses to cover an area of four parking spaces in Parking Lot A.Athens completed the installation of the compactor in 2014 and is responsible for steam cleaning the enclosure area a minimum of twice per week. City of Hermosa Beach Printed on 1/23/2020Page 1 of 7 powered by Legistar™ Staff Report REPORT 19-0793 During the initial transition from individual service to the shared compactor,Athens provided porter service to all businesses until the compactor was accessible.Porter service entailed Athens staff receiving and delivering trash directly from the businesses to the compactor and ensuring the cleanliness and security of the enclosure area.The cleanliness of Parking Lot A and B noticeably improved with 24-hour porter service.During this period,Athens observed disposal rates for each business to determine the monthly cost allocation of the compactor for each business in accordance with the Franchise Agreement (Attachment 1). Athens staff met with business managers and staff to train them on the use of the compactor and each business was provided with a unique access code to the compactor enclosure.Although businesses were notified that their individual carts were for transferring materials only,some businesses continued to accumulate and overfill containers behind their businesses (Photos 1 & 2). In August 2015,the City purchased three carts to replace individual containers for transporting trash from the business to the compactor.Some businesses were using the carts to transport trash to the compactor enclosure, however, they were not depositing materials into the compactor (Photo 3). Photo 1 Photo 2 Photo 3 Photos 1 and 2:Trash containers behind Pier Plaza businesses (July,2015).Photo 3:Unemptied cart in compactor enclosure (September, 2015). Moreover,during this time,a number of Pier Plaza businesses had past-due invoices for their trash service as they disputed their cost share allocation for the compactor.Staff met with business owners and Athens to assist with resolving disputes related to billings and service charges.In response, Athens:1)conducted audits for two weeks in July and August 2015 to reassess each business’ allocation,2)purchased and installed a scale to weigh trash prior to disposal to more accurately City of Hermosa Beach Printed on 1/23/2020Page 2 of 7 powered by Legistar™ Staff Report REPORT 19-0793 allocation,2)purchased and installed a scale to weigh trash prior to disposal to more accurately determine disposal rates;and 3)reduced past-due invoices by up to 50%to settle outstanding accounts. Despite these measures,the City continued to observe accumulating trash,illegal dumping of appliances and furniture,and scavenging inside the enclosure area as some businesses did not secure the enclosure or purposely provided access to scavengers.In a letter dated July 30,2016,the City notified Pier Plaza businesses of these concerns and the fines and penalties for Municipal Code violations that include littering,dumping,scavenging,trespassing and potential stormwater violations (Attachment 2).These activities continued (Attachment 3)and in January 2019,staff sent a letter to Pier Plaza businesses informing them that the City continued to observe the following municipal code violations and prohibited activities related to the use of trash compactor (Attachment 4): 1.Dumping of trash on the ground inside and outside of the enclosure area. 2.Business employees providing scavengers access to the compactor area. 3.Business employees handing trash to trespassing scavengers inside the compactor area. 4.Scavengers trespassing and removing materials from the trash enclosure. 5.Business employees leaving the compactor enclosure unsecured. Businesses are subject to fines and penalties for Municipal Code violations pertaining to these activities,however no citations have been issued due to the difficulty of identifying responsible businesses.For this reason,staff recommends that City Council authorize the removal of the trash compactor in Parking Lot A and authorize Athens to implement an individual and shared container service for Pier Plaza businesses,including the construction of temporary enclosures as described below. Past Council Actions Meeting Date Description March 26, 2013 Approve Franchise Agreement with Athens Services for 8 -year term. This authorized installation of compactor . (Attachment 1) September 25, 2018 Approve $2200 for additional porter service for compactor as part of 2nd Amendment to Street Sweeping contract with Athens . (Attachment 5) City of Hermosa Beach Printed on 1/23/2020Page 3 of 7 powered by Legistar™ Staff Report REPORT 19-0793 Analysis: Since 2013,staff and Athens have been working with Pier Plaza businesses to address ongoing trash issues in the City’s downtown public Parking Lot A and B.City Council approved $47,768 in the FY18-19 budget for enhanced porter service.At its September 25,2018 meeting,City Council approved a second amendment to the Street Sweeping contract with Athens,which included an additional $2,200 for Athens Services to provide additional porter service on weekends in the late evening and early mornings to improve cleanliness on Pier Plaza and the surrounding parking lots ( Attachment 5).This brought the City’s total annual cost for porter service to $49,967.90.Despite these measures,illegal dumping,trespassing,and scavenging continue to be an ongoing problem in the compactor area. Athens proposed two options to address these ongoing issues, including: 1.Full-time porter service In 2018,Athens presented a proposal for providing porter service for Pier Plaza businesses. Based on this hourly labor rate,the cost for the 24-hour porter service was determined to be approximately $28,000 a month which was determined to be cost-prohibitive. 2.Individual and shared containers with secured trash enclosures Athens also proposed providing a 64-gallon container collected once weekly for small trash generators,and individual and shared bin service with secured trash enclosures for large generators.The proposed service levels for each business are based on their existing monthly allocation of the shared compactor (Attachment 6). The proposed enclosures would be enclosed and lockable,allowing for targeted enforcement for those businesses that are not securing and maintaining the cleanliness of their enclosure. Photographs below show temporary,non-enclosed containers in Parking Lot A following special events and demonstrate the need to securely enclose individual containers to prevent littering, dumping,scavenging,and overflowing containers.Waste collection service levels and frequencies would be monitored by Athens and would be adjusted according to actual disposal patterns at each location.The enclosures would also provide convenient placement of organics recycling containers for affected businesses. City of Hermosa Beach Printed on 1/23/2020Page 4 of 7 powered by Legistar™ Staff Report REPORT 19-0793 Photographs of non-enclosed containers in Parking Lot A (October 11, 2018) Athens staff has coordinated with City staff to determine the most suitable placement of the containers and enclosures in the City’s parking lot.Attachment 7 shows the proposed locations for five enclosures in Parking Lot A,one enclosure in Parking Lot B,and six additional trash service locations on the north side of the plaza.The new enclosures in parking Lot A would claim four parking spaces.However,there would be no net change in the number of parking spaces in Parking Lot A as a result of the staff recommendation since four parking spaces would be reclaimed when the compactor is removed at the same time the new enclosures are installed. In October and November of 2019,staff visited a number of the affected businesses to discuss the proposed changes.All affected business were mailed letters inviting them to a meeting held November 6,2019 at City Hall to discuss the proposed changes (Attachment 8).No businesses attended this meeting.Another letter was sent to all affected businesses in advance of the December 17,2019 Council meeting to notify customers of the final staff recommendation (Attachment 9).This item was continued from the December 17,2019 Council meeting to allow for consideration of additional feedback from the affected businesses and additional review of proposed enclosure locations.An email was sent to a majority of affected businesses on January 21,2020 notifying them that after consideration of additional alternatives,staff is moving forward with the original recommendation. It is proposed to have the compactor removed and begin service utilizing the new enclosures on March 1,2020.This would allow time for final siting and installation of the temporary enclosures, removal of the compactor,and notification to the businesses.Staff would return to Council in the spring to provide an update on the implementation of the service and provide recommendations for future improvements. City of Hermosa Beach Printed on 1/23/2020Page 5 of 7 powered by Legistar™ Staff Report REPORT 19-0793 The cost of constructing the temporary enclosures would be paid through the trash rates of the affected businesses.Athens would construct these lockable enclosures with guidance from City staff. The enclosures would be made of eight-foot high chain-link fencing and wrapped with fabric.As part of CIP 695,Parking Lot A Improvements,the City will be reconstructing the entire Parking Lot A area and permanent trash enclosures will be included therein.This project is estimated to be complete by 2021. 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: Sustainability and Conservation Goal 6.Hermosa Beach is a low or zero-waste community with convenient and effective options for recycling, composting and diverting waste from landfills Policies: ·6.2 Food waste collection.Ensure food waste collection is available and convenient for all residents, businesses and organizations. ·6.10 Evaluate recycling and waste diversion opportunities.Periodically evaluate and consider new opportunities to achieve greater waste diversion rates. Parks and Open Space Goal 5. Scenic vistas, viewpoints, and resources are maintained and enhanced. Policies: ·5.6 Signage and infrastructure.Encourage signage,infrastructure,and utilities that do not block or detract from views of scenic vistas Removal of the trash compactor would not only improve the aesthetics and cleanliness of this popular public area but provide more effective waste disposal service,including organics recycling collection. Fiscal Impact: There is no impact to the City’s General Fund as a result of the recommended action,with the exception of staff time and materials to coordinate with Athens to install the new enclosures,remove the existing compactor enclosure, and repair the affected section of Parking Lot A. Attachments: 1.Franchise Agreement with Athens for Solid Waste Services 2.July 2016 Notice to Businesses City of Hermosa Beach Printed on 1/23/2020Page 6 of 7 powered by Legistar™ Staff Report REPORT 19-0793 3.Photos of dumping in the compactor area 4.January 2019 Notice to Businesses 5.2nd Amendment to Street Sweeping Contract (porter service) 6.Proposed Service levels 7.Location of enclosures 8.Invitation to November 6 meeting 9.Notice to Businesses sent December 2019 Respectfully Submitted by: Doug Krauss, Environmental Programs Manager Concur: Marnell Gibson, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved:Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 7 of 7 powered by Legistar™ AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES * * * May 24, 2013 May 24, 2013 i City of Hermosa Beach AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC. dba ATHENS SERVICES FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES TABLE OF CONTENTS Page RECITALS 1 ARTICLE 1.................................................................................................................................................3 DEFINITIONS.......................................................................................................................................................................... 3 1.1 AB 939 ...................................................................................................................................................................... 3 1.2 AFFILIATE ................................................................................................................................................................. 3 1.3 BILLINGS ................................................................................................................................................................... 4 1.4 BIN ............................................................................................................................................................................ 4 1.5 BIN SERVICE ............................................................................................................................................................. 4 1.6 BULKY ITEMS ............................................................................................................................................................ 4 1.7 CALRECYCLE ............................................................................................................................................................ 5 1.8 CAN .......................................................................................................................................................................... 5 1.9 CAN SERVICE ............................................................................................................................................................ 5 1.10 CART .................................................................................................................................................................... 5 1.11 CITY ..................................................................................................................................................................... 5 1.12 CITY MANAGER ................................................................................................................................................... 5 1.13 COLLECT/COLLECTION ...................................................................................................................................... 5 1.14 COMMERCIAL ...................................................................................................................................................... 6 1.15 COMMERCIAL PREMISES ...................................................................................................................................... 6 1.16 CONTRACTOR ...................................................................................................................................................... 6 1.17 CONTRACTOR'S PROPOSAL ................................................................................................................................. 6 1.18 CONTRACTOR COMPENSATION .......................................................................................................................... 6 1.19 CONSTRUCTION AND DEMOLITION DEBRIS ....................................................................................................... 7 1.20 CONTAINER ......................................................................................................................................................... 7 1.21 CPI ....................................................................................................................................................................... 7 1.22 CUSTOMER ........................................................................................................................................................... 7 1.23 DISPOSE/DISPOSAL ............................................................................................................................................. 7 1.24 DISPOSAL SITE(S) ................................................................................................................................................. 7 1.25 DIVERSION ........................................................................................................................................................... 7 1.25A DOWNTOWN AREA ............................................................................................................................................. 8 1.25B DOWNTOWN COMPACTOR ................................................................................................................................. 8 1.25C DOWNTOWN COMPACTOR FACILITY ................................................................................................................. 8 1.25D DOWNTOWN COMPACTOR FACILITY SERVICE AREA ......................................................................................... 8 1.26 ELECTRONIC WASTE ............................................................................................................................................. 8 1.27 ENVIRONMENTAL LAWS ..................................................................................................................................... 8 May 24, 2013 ii City of Hermosa Beach 1.28 FACILITY .............................................................................................................................................................. 9 1.28A FOOD WASTE ....................................................................................................................................................... 9 1.29 GREEN WASTE ..................................................................................................................................................... 9 1.30 GREEN WASTE PROCESSING FACILITY................................................................................................................ 9 1.31 GROSS RECEIPTS .................................................................................................................................................. 9 1.32 HAZARDOUS SUBSTANCE.................................................................................................................................. 10 1.33 HAZARDOUS WASTE ......................................................................................................................................... 10 1.34 HOUSEHOLD HAZARDOUS WASTE (“HHW”) ................................................................................................. 11 1.35 MATERIALS RECOVERY FACILITY (“MRF”) ..................................................................................................... 11 1.36 MULTI-FAMILY DWELLING ............................................................................................................................... 11 1.37 PERSON .............................................................................................................................................................. 11 1.38 PREMISES ........................................................................................................................................................... 11 1.39 RATE YEAR ........................................................................................................................................................ 11 1.40 RECYCLE/RECYCLING....................................................................................................................................... 11 1.41 RECYCLABLE MATERIALS .................................................................................................................................. 12 1.42 REFUSE ............................................................................................................................................................... 12 1.43 RESIDENTIAL...................................................................................................................................................... 12 1.44 RESIDENTIAL PREMISES ..................................................................................................................................... 12 1.45 ROLL-OFF BOX ................................................................................................................................................... 12 1.46 SINGLE FAMILY DWELLING ............................................................................................................................... 13 1.47 SOLID WASTE .................................................................................................................................................... 13 1.48 SOLID WASTE HANDLING SERVICES ................................................................................................................. 13 1.49 SOURCE SEPARATED .......................................................................................................................................... 13 1.50 STATE ................................................................................................................................................................. 13 1.51 TRANSFORMATION ............................................................................................................................................ 13 1.52 TRANSFER STATION ........................................................................................................................................... 14 1.53 WASTE GENERATOR .......................................................................................................................................... 14 ARTICLE 2...............................................................................................................................................15 GRANT AND ACCEPTANCE OF FRANCHISE ............................................................................................................. 15 2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD ................................................................... 15 2.2 ENFORCEMENT OF EXCLUSIVITY ............................................................................................................................ 15 2.3 EFFECTIVE DATE .................................................................................................................................................... 16 2.4 TERM OF AGREEMENT ............................................................................................................................................ 16 2.5 CITY’S OPTION TO EXTEND TERM.......................................................................................................................... 16 2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR .................................................................................... 16 2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ................................................................................................. 18 2.8 DELEGATION OF AUTHORITY ................................................................................................................................ 18 2.9 LIMITATIONS TO SCOPE.......................................................................................................................................... 18 2.10 CITY'S RIGHT TO DIRECT CHANGES.................................................................................................................. 20 2.10.1 General ..................................................................................................................................................... 20 2.10.2 New Diversion Programs ......................................................................................................................... 21 2.11 OWNERSHIP OF SOLID WASTE .......................................................................................................................... 21 2.12 CONTRACTOR STATUS ....................................................................................................................................... 22 2.13 CONTRACTOR AUTHORIZATION ....................................................................................................................... 22 2.14 PERMITS AND LICENSES .................................................................................................................................... 23 ARTICLE 3...............................................................................................................................................24 FEES PAID TO THE CITY ................................................................................................................................................... 24 3.1 CONTRACTING FEE ................................................................................................................................................ 24 3.2 COLLECTOR FEE ..................................................................................................................................................... 24 May 24, 2013 iii City of Hermosa Beach 3.3 ADMINISTRATIVE FEE ............................................................................................................................................ 24 3.4 AB 939 FEE ............................................................................................................................................................. 24 3.5 TIMING AND SUBMITTAL OF MONTHLY FEE PAYMENTS ...................................................................................... 25 3.6 FUTURE FEES .......................................................................................................................................................... 25 ARTICLE 4...............................................................................................................................................26 DIRECT SERVICES .............................................................................................................................................................. 26 4.1 REFUSE .................................................................................................................................................................... 26 4.1.1 General .......................................................................................................................................................... 26 4.1.2 Residential Cart/Can Refuse Collection ........................................................................................................ 26 4.1.3 Refuse Cart/Can Overage ............................................................................................................................. 27 4.1.4 Walk-Out Service .......................................................................................................................................... 27 4.1.5 Bin Refuse Collection .................................................................................................................................... 28 4.1.6 Commercial Premises Cart Service ............................................................................................................... 28 4.1.7 Overflowing Bins and Carts ......................................................................................................................... 29 4.1.8 Temporary Bin Service .................................................................................................................................. 29 4.1.9 Scout Vehicles ............................................................................................................................................... 30 4.1.10 Bin Push-out Service ................................................................................................................................ 30 4.1.11 Locking Bins ............................................................................................................................................. 30 4.1.12 Roll-off Box Service .................................................................................................................................. 31 4.1.13 Extra Assistance in High Solid Waste Generating Commercial Areas .................................................... 31 4.1.14 Shared Solid Waste Downtown Compactor Facility and Porter Service ................................................. 31 4.1.15 On-Call Bulky Item Pickup ...................................................................................................................... 35 4.1.16 Bulky Item Diversion ............................................................................................................................... 36 4.1.17 Disposal of Electronic and Other Special Wastes ..................................................................................... 36 4.1.18 Optional On-Call Household Hazardous Waste Collection and Disposal ............................................... 36 4.1.19 Restaurant Food Waste Program Option ................................................................................................. 37 4.1.20 Document Shredding ............................................................................................................................... 37 4.2 RECYCLING ............................................................................................................................................................. 38 4.2.1 Residential Cart/Can Recycling Collection ................................................................................................... 38 4.2.2 Commercial Recyclables Collection ............................................................................................................... 38 4.2.2.1 Source Separated Recycling ..................................................................................................................... 38 4.2.2.2 Downtown Compactor Facility Solid Waste Processing .......................................................................... 39 4.2.2.3 Bin and Roll-Off Waste Processing .......................................................................................................... 39 4.2.3 Warning Notice............................................................................................................................................. 39 4.2.4 Marketing and Sale of Recyclable Materials ................................................................................................. 40 4.2.5 Minimum Recycling Requirements .............................................................................................................. 40 4.2.6 Construction and Demolition Debris Diversion ........................................................................................... 40 4.2.7 Battery Recycling Drop-Off .......................................................................................................................... 41 4.3 GREEN WASTE PROGRAM ...................................................................................................................................... 41 4.3.1 Single Family Green Waste Collection ......................................................................................................... 41 4.3.2 Holiday Tree Collection Program ................................................................................................................. 42 4.3.3 End Uses for Green Waste ............................................................................................................................ 43 4.3.4 Backyard Compost Program ......................................................................................................................... 43 4.3.5 Free Compost Give-A-Way Events ............................................................................................................... 43 4.3.6 Free City Compost......................................................................................................................................... 44 4.3.7 Residential Food Waste Pilot Program ......................................................................................................... 44 4.4 CONTAINER SELECTION, DISTRIBUTION AND EXCHANGES .................................................................................. 44 4.4.1 Containers ..................................................................................................................................................... 44 4.4.1.1 Residential Container Distribution .......................................................................................................... 44 4.4.1.2 Removal of Existing Containers ............................................................................................................... 45 4.4.1.3 Container Design Requirements .............................................................................................................. 46 4.4.1.4 Capacity .................................................................................................................................................... 46 May 24, 2013 iv City of Hermosa Beach 4.4.1.5 Container Handles ................................................................................................................................... 46 4.4.1.6 Container Lid ........................................................................................................................................... 46 4.4.1.7 Container Colors ...................................................................................................................................... 47 4.4.1.8 Container Markings ................................................................................................................................. 47 4.4.2 Container Performance Requirements .......................................................................................................... 48 4.4.2.1 Cart Load Capacity ................................................................................................................................... 48 4.4.2.2 Container Durability ................................................................................................................................ 48 4.4.2.3 Chemical Resistant ................................................................................................................................... 49 4.4.2.4 Stability and Maneuverability ................................................................................................................. 49 4.4.2.5 Lid Performance ....................................................................................................................................... 49 4.4.2.6 Reparability .............................................................................................................................................. 50 4.4.3 Container Ownership and Maintenance Responsibilities ............................................................................. 50 4.4.4 Bins ............................................................................................................................................................... 50 4.4.5 Roll-off Boxes ................................................................................................................................................ 51 4.5 CITY SERVICES ........................................................................................................................................................ 52 4.5.1 City Facilities Collection ............................................................................................................................... 52 4.5.2 City Litter Containers ................................................................................................................................... 53 4.5.3 School Facilities Collection............................................................................................................................ 54 4.5.4 Special Events ............................................................................................................................................... 55 4.5.5 Emergency Collection and Disposal Service ................................................................................................. 55 4.5.6 Abandoned Item Collection ........................................................................................................................... 55 4.5.7 Large Venue Event Assistance, Event Recycling ......................................................................................... 56 4.5.8 Litter Boxes for Non-City-Sponsored Events................................................................................................ 56 4.5.9 Code Enforcement Assistances ...................................................................................................................... 56 4.5.10 Capacity Guarantee .................................................................................................................................. 56 4.5.11 Toy Drive Assistance ............................................................................................................................... 56 4.5.12 South Bay Work Investment Board .......................................................................................................... 56 4.5.13 Dog Waste Program ................................................................................................................................. 57 4.6 OPERATIONS ........................................................................................................................................................... 57 4.6.1 Schedules ....................................................................................................................................................... 57 4.6.1.1 Collection Days and Hours ...................................................................................................................... 57 4.6.1.2 Review of Schedules and Routing ............................................................................................................ 57 4.6.1.3 Missed Pickups ......................................................................................................................................... 58 4.6.2 Vehicles ......................................................................................................................................................... 58 4.6.3 Litter Abatement ........................................................................................................................................... 62 4.6.4 Personnel ....................................................................................................................................................... 62 4.6.5 Identification Required .................................................................................................................................. 64 4.6.6 Fees and Gratuities ....................................................................................................................................... 64 4.6.7 Non-Discrimination ...................................................................................................................................... 64 4.6.8 Routing and Coordination With Street Sweeping Services .......................................................................... 65 4.6.9 Report of Accumulation of Solid Waste; Unauthorized Dumping ............................................................... 65 4.7 TRANSPORTATION OF SOLID WASTE ..................................................................................................................... 65 4.8 APPROVED FACILITIES ........................................................................................................................................... 66 4.9 STATUS OF DISPOSAL SITE ..................................................................................................................................... 66 4.10 DEDICATED ROUTES .......................................................................................................................................... 67 4.11 SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS ......................................................................... 67 4.12 DOWNTOWN COMPACTOR FACILITY DEVELOPMENT ...................................................................................... 67 ARTICLE 5...............................................................................................................................................70 OTHER SERVICES ............................................................................................................................................................... 70 5.1 CUSTOMER SERVICE ............................................................................................................................................... 70 5.1.1 Local Office, Response Time .......................................................................................................................... 70 5.1.2 Complaint Documentation ............................................................................................................................ 71 May 24, 2013 v City of Hermosa Beach 5.1.3 Resolution of Customer Complaints ............................................................................................................. 71 5.1.4 Service Liaison/Route Supervisor ................................................................................................................. 72 5.2 EDUCATION AND PUBLIC AWARENESS ................................................................................................................. 72 5.2.1 General .......................................................................................................................................................... 72 5.2.2 Implementation and On-going Education Requirements ............................................................................. 72 5.2.3 Contractor Representative ............................................................................................................................ 74 5.2.4 Community Events ....................................................................................................................................... 74 5.2.5 School Outreach ............................................................................................................................................ 75 5.2.6 Business Outreach ........................................................................................................................................ 75 5.2.7 Multi-Family Outreach ................................................................................................................................ 76 5.2.8 Facility Tours ................................................................................................................................................ 76 5.2.9 Free Mailing of City Materials ..................................................................................................................... 76 5.2.10 Mighty Mike Mascot ................................................................................................................................ 77 5.2.11 Presentations to City Council .................................................................................................................. 77 5.2.12 Guest Speaker and Writing Assistance .................................................................................................... 77 5.3 WASTE GENERATION/CHARACTERIZATION STUDIES .......................................................................................... 77 5.4 Community Support .......................................................................................................................................... 77 5.6 Neighborhood Safety Watch ............................................................................................................................... 78 ARTICLE 6...............................................................................................................................................79 CONTRACTOR COMPENSATION AND RATES ......................................................................................................... 79 6.1 GENERAL ................................................................................................................................................................ 79 6.2 INITIAL RATES ........................................................................................................................................................ 79 6.3 SCHEDULE OF FUTURE ADJUSTMENTS ................................................................................................................... 79 6.3.1 Request Submittal ......................................................................................................................................... 79 6.3.2 Approval Process ........................................................................................................................................... 79 6.4 METHOD OF ADJUSTMENTS ................................................................................................................................... 80 6.4.1 General .......................................................................................................................................................... 80 6.4.2 Cost Components for Rate Adjustment Indices ............................................................................................ 80 6.4.3 Rate Adjustment Steps ................................................................................................................................. 81 6.4.4 Green Waste Rate Adjustment Upon Closure of Puente Hills ..................................................................... 82 6.5 EXTRAORDINARY ADJUSTMENTS ........................................................................................................................... 82 6.6 REDELIVERY/RETURN TRIP FEE ............................................................................................................................ 83 6.7 CUSTOMER BILLING AND CONTRACTOR COMPENSATION ................................................................................... 84 6.7.1 Residential Customers Receiving Individual-Unit Service ............................................................................ 84 6.7.2 Permanent Bin and Roll-Off Box Customers ................................................................................................ 84 6.7.3 Temporary Services Billing ........................................................................................................................... 84 6.7.4 Contractor’s Invoices .................................................................................................................................... 84 6.7.5 Billing Disputes ............................................................................................................................................ 85 6.7.6 Delinquent Accounts .................................................................................................................................... 85 6.7.7 Customer Billing Adjustments ..................................................................................................................... 86 6.7.8 Exemption from Service ................................................................................................................................ 86 6.7.9 Active Military Rate Reductions .................................................................................................................. 87 6.7.10 Senior Low-Income Rate Reduction ......................................................................................................... 87 REVIEW OF SERVICES AND PERFORMANCE ............................................................................................................ 88 7.1 PERFORMANCE REVIEW MEETING......................................................................................................................... 88 7.2 PERFORMANCE SATISFACTION SURVEY ................................................................................................................ 89 7.3 ROUTE AUDIT ......................................................................................................................................................... 90 ARTICLE 8...............................................................................................................................................92 RECORDS, REPORTS AND INFORMATION REQUIREMENTS ............................................................................. 92 8.1 GENERAL ................................................................................................................................................................ 92 May 24, 2013 vi City of Hermosa Beach 8.2 RECORDS ................................................................................................................................................................ 92 8.2.1 General .......................................................................................................................................................... 92 8.2.2 Financial Records .......................................................................................................................................... 93 8.2.3 Solid Waste Records ...................................................................................................................................... 93 8.2.4 CERCLA Defense and Disposal Records ...................................................................................................... 94 8.2.5 Other Programs' Records ............................................................................................................................. 95 8.2.6 Audit ............................................................................................................................................................. 95 8.2.7 Payments and Refunds ................................................................................................................................. 96 8.3 REPORTS ................................................................................................................................................................. 96 8.3.1 Report Formats and Schedule ....................................................................................................................... 96 8.3.2 Monthly Reports ........................................................................................................................................... 97 8.3.3 Annual Report .............................................................................................................................................. 97 8.3.4 Financial Report ............................................................................................................................................ 98 8.4 REPORTING ADVERSE INFORMATION .................................................................................................................... 98 8.5 RIGHT TO INSPECT RECORDS ................................................................................................................................. 99 8.6 FAILURE TO REPORT ............................................................................................................................................... 99 ARTICLE 9.............................................................................................................................................100 INDEMNIFICATION, INSURANCE AND BOND ...................................................................................................... 100 9.1 DEFENSE OF AGREEMENT .................................................................................................................................... 100 9.2 INDEMNIFICATION ............................................................................................................................................... 100 9.3 HAZARDOUS SUBSTANCES INDEMNIFICATION ................................................................................................... 101 9.4 AB 939 INDEMNIFICATION AND GUARANTEE .................................................................................................... 103 9.5 INSURANCE........................................................................................................................................................... 103 9.6 FAITHFUL PERFORMANCE BOND ......................................................................................................................... 109 9.7 FORFEITURE OF PERFORMANCE BOND ................................................................................................................ 109 9.8 PERFORMANCE SECURITY BEYOND SERVICE TERM ............................................................................................ 110 ARTICLE 10...........................................................................................................................................111 CITY'S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISED SERVICES ........... 111 ARTICLE 11...........................................................................................................................................112 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES .......................................................................................... 112 11.1 EVENTS OF DEFAULT ....................................................................................................................................... 112 11.2 RIGHT TO TERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE ....................................... 114 11.3 LIQUIDATED DAMAGES ................................................................................................................................... 115 11.4 EXCUSE FROM PERFORMANCE ........................................................................................................................ 120 11.4.1 Force Majeure ......................................................................................................................................... 120 11.4.2 Labor Unrest .......................................................................................................................................... 120 11.4.3 Procedures In Event of Excused Performance ........................................................................................ 121 11.5 NOTICE, HEARING AND APPEAL OF CITY BREACH ........................................................................................ 122 11.6 ASSURANCE OF PERFORMANCE ...................................................................................................................... 122 ARTICLE 12...........................................................................................................................................123 MISCELLANEOUS PROVISIONS .................................................................................................................................. 123 12.1 RELATIONSHIP OF PARTIES ............................................................................................................................. 123 12.2 COMPLIANCE WITH LAW ................................................................................................................................ 123 12.3 GOVERNING LAW ............................................................................................................................................ 123 12.4 JURISDICTION ................................................................................................................................................... 123 12.5 ASSIGNMENT ................................................................................................................................................... 124 12.6 CONTRACTING OR SUBCONTRACTING............................................................................................................ 126 12.7 BINDING ON ASSIGNS ...................................................................................................................................... 126 May 24, 2013 vii City of Hermosa Beach 12.8 COOPERATION IN PREPARATION FOR TERMINATION OR EXPIRATION OF CONTRACT ................................. 126 12.9 PARTIES IN INTEREST ....................................................................................................................................... 127 12.10 WAIVER ........................................................................................................................................................... 127 12.11 CONTRACTOR'S INVESTIGATION ..................................................................................................................... 128 12.12 CONDEMNATION ............................................................................................................................................. 128 12.13 NOTICE ............................................................................................................................................................ 128 12.14 REPRESENTATIVES OF THE PARTIES ................................................................................................................ 129 12.15 CITY FREE TO NEGOTIATE WITH THIRD PARTIES ........................................................................................... 129 12.16 COMPLIANCE WITH MUNICIPAL CODE .......................................................................................................... 129 12.17 PRIVACY ........................................................................................................................................................... 130 12.18 PROPRIETARY INFORMATION, PUBLIC RECORDS ............................................................................................ 130 12.19 ENTIRE AGREEMENT ....................................................................................................................................... 130 12.20 SECTION HEADINGS ........................................................................................................................................ 130 12.21 REFERENCES TO LAWS AND OTHER AGREEMENTS ........................................................................................ 131 12.22 INTERPRETATION ............................................................................................................................................. 131 12.23 AGREEMENT .................................................................................................................................................... 131 12.24 SEVERABILITY .................................................................................................................................................. 131 12.25 EXHIBITS .......................................................................................................................................................... 131 12.26 ATTORNEYS’ FEES ............................................................................................................................................ 131 Exhibits 1. Reserved 2. Initial Maximum Rates 3. Example Rate Adjustment Formula 4. City Litter and Recycling Collection Container Map 5. Corporate Guarantee 6. Contractor’s Faithful Performance Bond 7. Reserved 8. Initial Scout Service Customers 9. Downtown Area 10. Areas Where Automated Service Not Feasible (Can Service Areas) 11. Downtown Compactor Facility Service Area 12. Notary Certification May 24, 2013 -1- City of Hermosa Beach AGREEMENT This Agreement for Integrated Solid Waste Management Services (hereinafter the “Agreement”) is entered into this ___ day of ________, 2013, by and between the City of Hermosa Beach, California, (“City”) and Arakelian Enterprises, Inc. dba Athens Services (“Contractor”), for the collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”) (California Public Resources Code Section 49100 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and, WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 through 49524 inclusive, the City has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals required by AB 939, and other requirements of the California Integrated Waste Management Act; and, WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services; and, WHEREAS, in response to a Request for Proposals, Contractor has submitted a proposal to City and City selected the Contractor on the competitive advantages of that proposal over other proposals received by City; and, WHEREAS, City and Contractor (“Parties”) hereto desire to enter said Agreement; and, WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, processing and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act May 24, 2013 -2- City of Hermosa Beach ("CERCLA"). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for" the collection from premises in the City, transport for disposal, composting or other processing, and recycling of municipal solid waste which may contain hazardous substances; and further to confirm that as a material inducement to City entering into this Agreement, Contractor has agreed to fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or intentional collection, transportation and/or disposal of hazardous materials that may occur in connection with Contractor’s performance under this Agreement; and, WHEREAS, Contractor has agreed, as part of this Agreement, acting as an independent contractor to provide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of Public Resources Code Section 49100, et seq. NOW, THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained herein, the Parties do hereby agree as follows: May 24, 2013 -3- City of Hermosa Beach ARTICLE 1 DEFINITIONS The terms used in this Agreement shall have the meaning set forth in this Article 1. In the event a term is not defined in this Article 1, then it shall have the meaning set forth in the Hermosa Beach Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Hermosa Beach Municipal Code over conflicting definitions contained in the Public Resources Code). Except as provided in Article 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following meanings: 1.1 AB 939 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time. 1.2 Affiliate "Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management shall be deemed to be "Affiliated with" Contractor and included within the term "Affiliates" as used herein. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on May 24, 2013 -4- City of Hermosa Beach the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. 1.3 Billings "Billings" or “Billing” or “Bill” means the statements of charges provided to Customers for services rendered by Contractor. 1.4 Bin “Bin” means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. 1.5 Bin Service “Bin Service” means Solid Waste Handling Services in which a Bin is used for the Collection of Solid Waste. 1.6 Bulky Items “Bulky Items” means Solid Waste that cannot and/or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”); yard debris, Green Waste and small pieces of wood limited to one cubic yard of contained material; Electronic Waste; fluorescent bulbs; household batteries; and clothing. Bulky Items do not include car bodies, tires, Construction and Demolition Debris or items requiring more than two (2) persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight (8) feet in length, four (4) feet in width, or more than one hundred fifty (150) pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties. May 24, 2013 -5- City of Hermosa Beach 1.7 CalRecycle “CalRecycle” means the State of California’s Department of Resources Recycling and Recovery, and, as this department was structured prior to January 1, 2010, the California Integrated Waste Management Board, or CIWMB. 1.8 Can “Can” means a plastic Container with a lid and with or without wheels, with a capacity between 30 and 35-gallons, also referred to as a barrel. 1.9 Can Service “Can Service” refers to Residential service provided in accordance with Section 4.1.2 in which Contractor provides Residential Customers Cans, bags or boxes, for Refuse Collection due to Cart Collection not being feasible. 1.10 Cart “Cart” means a plastic Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32- and no greater than 101-gallons. Cart also means a 20-gallon Cart provided to Residential Customers at a discounted rate as provided in this Agreement. 1.11 City "City" means City of Hermosa Beach, California, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the term of this Agreement. 1.12 City Manager “City Manager” means the City Manager of the City of Hermosa Beach and his or her designee. 1.13 Collect/Collection "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City. May 24, 2013 -6- City of Hermosa Beach 1.14 Commercial "Commercial" refers to services performed at or for Commercial Premises. 1.15 Commercial Premises "Commercial Premises" means Premises located within the boundaries of the City, occupied or used for any purpose other than residential uses. It includes premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein in the Hermosa Beach Municipal Code or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, Hostels, and Motels. 1.16 Contractor "Contractor" means Arakelian Enterprises, Inc. dba Athens Services, a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors, as permitted under Section 12.6. 1.17 Contractor's Proposal "Contractor's Proposal" means the proposal submitted by Contractor to City on May 7, 2012 in response to a Request for Proposals dated March 13, 2012. This Agreement supersedes Contractor’s Proposal and is the final written expression of the Parties’ Agreement. 1.18 Contractor Compensation "Contractor Compensation" means the revenue received by the Contractor from Customers and the City in return for providing services in accordance with this Agreement. May 24, 2013 -7- City of Hermosa Beach 1.19 Construction and Demolition Debris "Construction and Demolition Debris" means Solid Waste generated at a Premises that is directly related to construction or demolition activities occurring thereon. 1.20 Container "Container" means any and all types of Solid Waste receptacles, including Carts, Cans, Bins and Roll-off Boxes. 1.21 CPI “CPI” means the Consumer Price Index (CUUR0000SA0L1E) for All Urban Consumers (CPI-U), all items less food and energy index – U.S. city average. 1.22 Customer “Customer” means a Person receiving Solid Waste Handling Services from Contractor pursuant to the terms of this Agreement. 1.23 Dispose/Disposal "Dispose” or “Disposal" means the ultimate disposition of Solid Waste Collected by Contractor at a landfill or otherwise in full regulatory compliance. 1.24 Disposal Site(s) "Disposal Site(s)" means the Solid Waste handling Facility or Facilities utilized for the ultimate Disposal of Solid Waste Collected by Contractor. 1.25 Diversion "Diversion" means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as Diversion in its determination of the City’s Diversion rate and compliance with AB 939. CalRecycle may limit Diversion considered to be achieved through Transformation/waste-to-energy, use of Green Waste as alternative daily cover (“ADC”) and other activities. May 24, 2013 -8- City of Hermosa Beach 1.25A Downtown Area “Downtown Area” means the properties, businesses and Customers as defined in Exhibit 9. 1.25B Downtown Compactor “Downtown Compactor” means the Roll-Off Box attached to compaction equipment used to service the businesses located in the Downtown Compactor Facility Service Area (See Exhibit 11). 1.25C Downtown Compactor Facility “Downtown Compactor Facility” means the facility housing the Downtown Compactor (Roll-Off Box attached to compaction equipment), developed in City Parking Lot A. In the event that public restrooms are constructed as part of the Facility, the Downtown Compactor Facility does not include the public restrooms. 1.25D Downtown Compactor Facility Service Area “Downtown Compactor Facility Service Area” means portions of the Downtown Area where automated service is not feasible and Customers may utilize the Downtown Compactor Facility under the terms of this Agreement, and as further described in Exhibit 11. 1.26 Electronic Waste “Electronic Waste” means electronic equipment, including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “e-waste”. 1.27 Environmental Laws "Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.; the May 24, 2013 -9- City of Hermosa Beach Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Hazardous Substance Account Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; and Hermosa Beach Municipal Code Chapter 8; as currently in force or as hereafter amended, and all rules and regulations promulgated there under. 1.28 Facility "Facility" means any plant or site, owned or leased and maintained, operated or used by Contractor for purposes of performing under this Agreement. 1.28A Food Waste “Food Waste” means Solid Waste that may be Collected as part of the Food Waste programs included in Sections 4.3.1 and 4.3.7, which includes: • All food (including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells); • Food-soiled paper (including napkins, paper towels, paper plates); and, • Tea bags, coffee grounds and filters. 1.29 Green Waste "Green Waste" means tree trimmings, wood stumps, small pieces of wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or forty-eight (48) inches in length) and similar materials. 1.30 Green Waste Processing Facility “Green Waste Processing Facility” means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting. 1.31 Gross Receipts “Gross Receipts” means any and all revenue received from Billings by City or Contractor, and compensation in any form, of Contractor or subsidiaries, parent companies or other Affiliates of Contractor, for the Collection and transportation of May 24, 2013 -10- City of Hermosa Beach Solid Waste pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Sales revenue from the sale of Recyclable Materials is excluded from Gross Receipts for the purpose of calculating Collector Fees. 1.32 Hazardous Substance "Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Waste", "toxic waste", "pollutants" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated there under to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local Environmental Laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s ("PCBs"), petroleum, natural gas and synthetic fuel products and by- products. 1.33 Hazardous Waste "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. May 24, 2013 -11- City of Hermosa Beach 1.34 Household Hazardous Waste (“HHW”) "Household Hazardous Waste" means Hazardous Waste generated at Residential Premises. 1.35 Materials Recovery Facility (“MRF”) "Materials Recovery Facility" means a permitted Solid Waste Facility where Solid Wastes or Recyclable Materials are sorted or separated for the purposes of Recycling, processing or composting. 1.36 Multi-Family Dwelling "Multi-Family Dwelling" means any building or lot containing five (5) or more dwelling units. Multi-Family Dwelling units generally receive Refuse Collection service through the use of shared Bins, but may use Carts. Service is not dependent upon unit count unless specifically stated. 1.37 Person "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, Los Angeles County, cities, and special purpose districts. 1.38 Premises "Premises" means any land or building in City where Solid Waste is generated or accumulated. 1.39 Rate Year "Rate Year" means the period July 1 to June 30, for each year during the Term of this Agreement. 1.40 Recycle/Recycling “Recycle” or "Recycling" means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not May 24, 2013 -12- City of Hermosa Beach intended for, or capable of, reuse is not Recycling. Recycling does not include use of Solid Waste for conversion to energy. 1.41 Recyclable Materials "Recyclable Materials" means Solid Waste that is Source Separated, has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Refuse in order to allow it to be processed for Recycling. 1.42 Refuse "Refuse" means putrescible and non-putrescible Solid Waste. 1.43 Residential "Residential" refers to services performed at and for Residential Premises, which include both Single-Family Dwellings and Multi-Family Dwellings. 1.44 Residential Premises “Residential Premises” means Premises upon which dwelling units exist, including, without limitation, Single Family Dwellings, apartments, boarding or rooming houses, condominiums and mobile homes. Notwithstanding any provision to the contrary herein, in the Hermosa Beach Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hostels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case bases. 1.45 Roll-off Box “Roll-off Box” means Solid Waste Collection Containers of 10 (ten) cubic yards or larger. May 24, 2013 -13- City of Hermosa Beach 1.46 Single Family Dwelling "Single Family Dwelling" means a dwelling unit in a building containing fewer than five (5) Residential dwelling units. Single Family Dwelling units generally receive individual Can or Cart Refuse Collection service, but service is not dependent upon unit count unless specifically stated. 1.47 Solid Waste "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Refuse, Construction and Demolition Debris, Bulky Items, Recyclable Materials, Green Waste, and Food Waste or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of “Non-hazardous Solid Waste” set forth in the California Code of Regulations. 1.48 Solid Waste Handling Services “Solid Waste Handling Services” means the Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste. 1.49 Source Separated "Source Separated" means the segregation by the Waste Generator of individual components of Solid Waste, which otherwise would become Refuse or garbage (such as glass bottles, metal cans, newspapers, plastic containers, Green Waste etc.) into separate Container(s) for the purpose of allowing the Recycling of such materials. 1.50 State “State” means the State of California. 1.51 Transformation “Transformation” means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. May 24, 2013 -14- City of Hermosa Beach 1.52 Transfer Station “Transfer Station” means a Facility that receives Solid Waste from Collection vehicles and transfers the material to larger vehicles for transport to landfills and other destinations. Transfer Stations may or may not include MRFs, transferring residual Refuse (Refuse left after the sorting of Recyclable Materials) to landfills and Recyclable Materials, including Green Waste and/or Construction and Demolition debris, to processors, brokers or end-users. 1.53 Waste Generator "Waste Generator" means any Person as defined by the Public Resources Code, whose act or process produces Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation. May 24, 2013 -15- City of Hermosa Beach ARTICLE 2 GRANT AND ACCEPTANCE OF FRANCHISE 2.1 Grant and Acceptance of Franchise, Indemnity of Award Subject to the terms and conditions of this Agreement (including but not limited to the exclusions set forth in Section 2.9 hereof) and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive franchise, right and privilege to provide Solid Waste Handling Services at all Residential and Commercial Premises within City (the “Franchise”). 2.2 Enforcement of Exclusivity Contractor shall be responsible for enforcing the exclusivity of this Agreement. City shall have the right to enforce the exclusivity provisions hereof if, in its absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions hereof. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. For example, Contractor may be asked to notify City of inappropriately placed Containers and to place warning tags on such Containers. City may direct Contractor to impound such Containers in accordance with the City’s Municipal Code and may be entitled to charge Container owners City-approved fees for such impounding. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor’s exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted herein), Contractor shall reimburse City for all administrative, law enforcement, or other legal costs and fees related to any such action. Contractor’s obligation to reimburse City shall not apply to any criminal enforcement by City. May 24, 2013 -16- City of Hermosa Beach 2.3 Effective Date The “Effective Date” of this Agreement shall be the date which the City Council approves this Agreement. 2.4 Term of Agreement The term of this Agreement (the “Term”) shall be eight (8) years, commencing on July 1, 2013, and expiring June 30, 2021, subject to extension as provided in Section 2.5, as applicable. Notwithstanding the foregoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein. 2.5 City’s Option to Extend Term City shall have the sole option to extend the Term of this Agreement up to twenty-four (24) months following the Agreement Term under Section 2.4. The City may, upon at least ninety-day (90-day) advance written notice to the Contractor prior to the expiration of the Term of this Agreement, exercise this extension option. This extension period shall terminate, upon the earlier of: (i) the expiration of the aforementioned twenty-four (24) months, or (ii) the date City instructs Contractor that the contact will end, provided written notice of termination is provided to Contractor by City at least ninety (90) days prior to this termination date. 2.6 Representations and Warranties of Contractor Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the Effective Date: a) Contractor is validly existing as a corporation under the laws of the State of California. b) Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any applicable law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, May 24, 2013 -17- City of Hermosa Beach decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. c) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor’s knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor. This provision may be waived by the City acting through its City Manager. d) Contractor has no knowledge of any applicable law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby. e) Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection services required by this Agreement. f) The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement. Inaccuracies in Contractor’s Proposal, such as material omissions of past and pending litigation as requested under the Request for Proposals through which this Agreement was procured, are grounds for termination of this Agreement. May 24, 2013 -18- City of Hermosa Beach g) Contractor’s representative, designated in Section 5.2.3, shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement. 2.7 Conditions to Effectiveness of Agreement The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement: a) Accuracy of Representations. All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true and correct on and as of the Effective Date. b) Absence of Litigation. There shall be no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. This provision may be waived by the City, acting through its City Manager. c) Furnishing of Insurance and Bond. Contractor shall have furnished evidence of the insurance and bonds required by Article 9, and shall comply with all ongoing requirements relating thereto. d) Contractor shall have paid the contracting fee to City, as provided in Section 3.1. 2.8 Delegation of Authority The administration of this Agreement by City shall be under the supervision and direction of City Manager's office and the actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager. This section shall in no way be interpreted to obviate required City Council action if so provided in the Hermosa Beach Municipal Code. 2.9 Limitations to Scope Notwithstanding any provision to the contrary contained herein, the exclusive franchise, right and privilege to provide Solid Waste Handling Services at Premises within City granted to Contractor by this Agreement specifically excludes the following May 24, 2013 -19- City of Hermosa Beach services, which services may be provided by Persons other than Contractor and which may be the subject of other permits, licenses, franchises or agreements issued or entered into by City: a) The sale or donation of Source-Separated Recyclable Material by the Waste Generator to any Person or entity other than Contractor; provided, however, if the Generator is required to pay monetary or non-monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material, even if the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay), the transaction shall not be considered a sale or donation; b) Solid Waste, including Recyclable Materials and Green Waste, which is removed from any Premises by the Waste Generator, and which is transported personally by such Generator (or by his or her full-time employees) to a processing or Disposal Facility in a manner consistent with all applicable laws and regulations; c) Green Waste removed from a Premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment, as an incidental part of a total service offered by that contractor, rather than as a hauling service; d) The Collection, transfer, transport, Recycling, processing, and disposal of animal remains from slaughterhouse or butcher shops for use as tallow; e) The Collection, transfer, transport, Recycling, processing, and disposal of by- products of sewage treatment, including sludge, sludge ash, grit and screenings; f) The Collection, transfer, transport, Recycling, processing, and disposal of Hazardous Substances, Hazardous Waste, Household Hazardous Waste and radioactive waste regardless of its source; g) The Collection transfer, transport, Recycling, processing, and Disposal of Construction and Demolition Debris; h) The Collection of Refuse and/or Recyclables from public litter Containers (see Section 4.5.2 and Exhibit 4); i) The Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste generated from City-owned and/or operated premises, public works May 24, 2013 -20- City of Hermosa Beach projects, City-sponsored events or other City-related activities, by City through City officers or employees in the normal course of their City employment; and, j) Solid Waste Handling Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste. The exclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth herein, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor as a result thereof. 2.10 City's Right to Direct Changes 2.10.1 General City may direct Contractor to perform additional services (including new Recycling or other Diversion programs, additional Solid Waste processing, etc.) or modify the manner in which it performs existing services or Bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion requirement during the term of this agreement and Contractor agrees to propose services to meet such Diversion requirements. Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such additional or modified services, including a profit factor equal to ten percent (10%) of the incremental cost of such additional or modified services. City may utilize cost components included in the Contractor’s Proposal in calculating equitable rate adjustments. If City and Contractor cannot agree on compensation for new or additional services within ninety (90) days from the date City first requests a proposal from Contractor, then City may contract May 24, 2013 -21- City of Hermosa Beach with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section 2.1. 2.10.2 New Diversion Programs Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following: • Collection methodology to be employed (equipment, manpower, etc.). • Equipment to be utilized (vehicle number, types, capacity, age, etc.). • Labor requirements (number of employees by classification). • Type(s) of Containers to be utilized. • Type(s) of material to be Collected. • Provision for program publicity/education/marketing. • One-year projection of the financial results of the program's operations in an operating statement format, including documentation of the key assumptions underlying the projections, and the support for those assumptions. 2.11 Ownership of Solid Waste City and Contractor understand and agree that it is Contractor, and not City, who will arrange to Collect Solid Waste, that City has not, and, by this Agreement does not, instruct Contractor on its Collection methods, nor supervise the Collection process; nor do the Parties intend to place title to Solid Waste Collected by Contractor in City. Rather, the Parties intend that whatever, if any, title in and to the Solid Waste that is Collected by Contractor which otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor; and further that if Contractor gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. Subject to the provisions of this Agreement, and unless City exercises its rights to direct the location for Disposal and processing of Solid Waste, Contractor shall have the right to retain, Recycle, process, dispose of, and otherwise use Solid Waste Collected pursuant to the terms hereof in any lawful fashion May 24, 2013 -22- City of Hermosa Beach or for any lawful purpose; and, further, shall have the right to retain any benefit resulting from its right to retain, Recycle, process, dispose of, or reuse the Solid Waste which it Collects. City’s right to redirect Solid Waste is not intended to impact Contractor’s right to retain Recyclables revenue pursuant to Section 4.2.4 of this Agreement. Ownership of Solid Waste shall transfer to Contractor when Customer places it at point of Collection. Pursuant to Section 4.8, City reserves the right to designate the Solid Waste Facilities, including the Disposal Sites, to be used by Contractor. If City directs Contractor to a Facility other than a Solid Waste Facility chosen by Contractor (or directs Contractor to change the amount of Solid Waste being delivered to a Facility), and in doing so it adversely affects the ability of Contractor to meet either or both of the requirements of Section 4.2.5 and/or Section 9.4, then in this event the City and Contractor shall meet and confer and mutually agree on revised obligations for Sections 4.2.5 and 9.4. In addition, if any such exercise by City serves to significantly change Contractor’s cost of Disposal, processing and transportation of Solid Waste, rates may be equitably adjusted. 2.12 Contractor Status Contractor represents and warrants that it is duly organized, validly existing and in good standing under applicable laws. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. 2.13 Contractor Authorization Contractor represents and warrants that it has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so. Contractor shall authorize one employee for the City as a single point of contact for issues arising under this Agreement, and Contractor acknowledges and agrees that City may expect and assume that this employee’s actions are taken on behalf of and with the full approval of the Contractor. May 24, 2013 -23- City of Hermosa Beach 2.14 Permits and Licenses Contractor shall acquire and maintain all necessary permits and licenses for the Collecting, transporting, processing, and storing of Solid Waste including Recyclables, disposing of Solid Waste, and the Recycling of Recyclables as required under this Agreement. Failure to maintain all required permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Section 11.1. Contractor must follow requirements of the Hermosa Beach Municipal Code. May 24, 2013 -24- City of Hermosa Beach ARTICLE 3 FEES PAID TO THE CITY In addition to any other consideration set forth herein, as part of its consideration for entering into this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste Handling Services as specified herein, Contractor shall provide the following: 3.1 Contracting Fee Contractor shall pay to City a “Contracting Fee” in a one-time lump sum payment of One Hundred Fifty Thousand Dollars ($150,000) within seven (7) days of execution of this Agreement to reimburse the City for costs it incurred in connection with entering this Agreement. 3.2 Collector Fee In consideration of the exclusive Franchise granted pursuant to this Agreement, the Contractor shall pay to the City a “Collector Fee,” equal to 10% of the Gross Receipts, net of AB 939 fees, received by Contractor. See Section 3.5 for submittal requirements. 3.3 Administrative Fee To cover the cost of administering and managing the Franchise, the Contractor shall pay to the City an annual Administrative Fee in the amount of Fifty Thousand Dollars ($50,000), one twelfth of which to be paid monthly in accordance with Section 3.5. The Administrative Fee shall be adjusted annually, beginning with the January payment, by the percentage change in the Consumer Price Index for all Urban Customers (CPI-U), all items less food and energy – US City average for the twelve (12) month period ended the prior September. See Section 3.5 for submittal requirements. 3.4 AB 939 Fee In order to support City’s recycling efforts, Contractor shall remit to City an AB 939 Fee in an amount equal to twenty-five cents ($0.25) per Residential Cart/Can Customer per month, and twenty-five cents ($0.25) per cubic yard of Refuse collected for all other Customers, including Multi-Family Bin, Commercial Cart, Bin and Can and Roll-Off May 24, 2013 -25- City of Hermosa Beach Box Customers, for both permanent and temporary services, but excluding source separated Recyclable Material Collection. See Section 3.5 for submittal requirements. See approved rate schedule for AB 939 fees by service level. An example calculation of the monthly AB 939 Fee for a Bin Customer is as follows: a three (3) cubic yard Bin Collected five (5) times per week will result in an AB 939 fee of $16.25 per month ($0.25 per cubic yard x 3 cubic yards x 5 times per week x 4.33 weeks per month). 3.5 Timing and Submittal of Monthly Fee Payments On or before the fifteenth (15th) day of each month during the Term of this Agreement, Contractor shall remit the Collector Fee and the AB 939 Fee based upon services provided to City the previous month, and one-twelfth of the annual Administrative Fee. If the fees are not paid on or before the fifteenth (15th) day of the month, Contractor shall, along with fee payment, pay the maximum interest rate permitted by law on any balance not paid by the due date. Contractor shall prepare and submit a fee payment statement with each fee payment that includes receipts by sector and supporting fee calculations for each fee. Note that, as the Collector and AB 939 Fees are paid based upon the prior month’s services and receipts, a payment will be due the month following termination of the Agreement. This will not apply to the Administrative Fee, which is payable each month beginning July 2013. 3.6 Future Fees In the event that City implements a new fee in compliance with all legal requirements such as Proposition 218 (including an increase in the Collector Fee percentage, or the AB 939 fee dollar amount), Contractor shall be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers. City may elect to have Contractor pay monthly, or on another schedule as City identifies. City may set deadlines and late fees, and additional fees would be subject to audit. May 24, 2013 -26- City of Hermosa Beach ARTICLE 4 DIRECT SERVICES 4.1 Refuse 4.1.1 General The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not. The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that all Customers are provided reliable, courteous and high-quality Solid Waste Handling Services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this section, whether such other aspects are enumerated elsewhere in the Agreement or not. 4.1.2 Residential Cart/Can Refuse Collection Contractor will supply each Residential Refuse Cart Customer with 96, 64, 32 or 20- gallon Refuse Cart(s), as requested by Customer as described in Section 4.4.1.1. Residential Customers shall be charged based upon the number and size of Refuse Carts requested. Should a Residential Customer require more than one (1) 20-gallon Refuse Cart to contain all Collected Refuse, then the Residential Customer shall be required to convert to a larger Cart at the applicable rates. Alternative “Can” Service - Residential Customers who cannot accommodate Carts due to space constraints and/or conditions otherwise preventing the use of Carts will continue to receive service using Contractor-provided Refuse Containers, such as Cans, bags or boxes, for an equivalent monthly fee based on Container size; this form of service shall be called “Can” service. If Contractor and Customer cannot agree on whether Can service is necessary, the City Manager shall make the final determination. May 24, 2013 -27- City of Hermosa Beach Residential Customers that receive Can service in the form of barrels may request, and Contractor shall supply, barrels with both lids and wheels to facilitate ease of movement by Customers. Contractor shall Collect Refuse delivered for Collection in accordance with this section not less than once per week. The designated Collection location of Containers, if disputed by the Customer or the Contractor, shall be determined by the City. Additionally, if in the City’s opinion the existing Collection location is inappropriate, the City may require the Customer and/or the Contractor to relocate the Collection location. 4.1.3 Refuse Cart/Can Overage Residential Cart Customers may periodically generate more Refuse than will fit in the Refuse Cart(s)/Can(s). Residential Customers are therefore entitled to six (6) annual pickups per calendar year of material that does not fit in the Refuse Cart(s) at no additional charge. One pickup shall consist of up to the equivalent of three (3) large bags, boxes or barrels of Refuse. Additionally, Contractor shall Collect all additional Refuse placed out for Collection in the Residential Customer’s own Containers (bags, barrels, etc.) at no additional charge for two (2) weeks beginning each December 26. This service is limited to Refuse that could otherwise be placed in the Refuse Cart or Cans, and not Bulky Items which are Collected in accordance with Sections 1.6 and 4.1.15. Residential Customers may be charged per pickup in accordance with the approved rate schedule for overage pickups exceeding six (6) per year and outside the two-week period beginning December 26. Commercial Customers may request Cart overage Collections in accordance with the approved rate, but are not entitled to free overage collections. 4.1.4 Walk-Out Service Walk-Out Service means that Contractor will remove Refuse, Recyclable and Green Waste Carts and, if applicable, Customer-provided Containers from Customer’s storage area, place them out for Collection, and return Carts and Customer-provided May 24, 2013 -28- City of Hermosa Beach Containers to Customer’s storage area after Collection, ensuring that all doors or gates are closed securely. Contractor shall provide disabled Residential (excluding Bin) Customers with Walk- Out Service at no additional charge. In order to qualify as disabled under this Section, Customers must provide evidence that they are physically unable to move the Containers, such as a doctor’s note, or must otherwise obtain approval to receive such services from the City. Additionally, Walk-Out Service need not be provided if an able- bodied person resides with the disabled Customer. Customers may be asked periodically, but no more than once per year, to sign an affidavit that no able-bodied residents reside at the Premises. Able-bodied Customers may request Walk-Out Service for an additional charge in accordance with the approved rate schedule. 4.1.5 Bin Refuse Collection Contractor shall provide Bin Service to Residential Customers not receiving Cart or Can service, and Commercial Customers. Contractor shall Collect and remove all Refuse that is placed in Bins at least once per week, and more frequently if required to handle the waste generated at the Premises where the Bins are located. If Contractor and Customer dispute applicable service levels, City shall make final determination as to the number and size of Containers, and frequency of Collection to be provided to Customers. Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded. Contractor shall provide 1, 1.5, 2, 3, 4, 6 and 8 cubic yard Bins upon request. Contractor will service Bins equipped with compaction devices or “compactors” that attach to the Bins. The provision of the compaction device itself is outside of this Agreement. 4.1.6 Commercial Premises Cart Service Contractor shall offer Collection in 32, 64 or 96-gallon Refuse Carts to Customers at Commercial Premises that do not have space for a Bin. If Contractor and Customer have a disagreement as to whether a Refuse Cart is appropriate, or if City determines the Collection in a Refuse Cart causes health and safety or other concerns, City shall make the final determination as to whether Collection in a Refuse Cart may occur. May 24, 2013 -29- City of Hermosa Beach 4.1.7 Overflowing Bins and Carts Customers that regularly produce more Refuse than their current level of service can accommodate may have their service level increased in accordance with the following procedure. Containers may be considered overflowing if Solid Waste rises above the top of the Container sufficiently that it is likely to fall out of the Container. First Incident in Three Month Period – If more material is placed for Collection than fits in a Containers (unless Collection of overage has been properly arranged under Section 4.1.3), Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and billing addresses) the picture and a letter instructing that additional instances may result in an increase in the level of service. Second Incident in Three Month Period – Upon the second event of an overfilled Container (unless Collection of overage has been properly arranged under Section 4.1.3) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter instructing that a third incident in that same three month period may result in an increase in the level of service. Third Incident in Three Month Period – Upon the third event of an overfilled Containers (unless Collection of overage has been properly arranged under Section 4.1.3) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter requesting that Customer increase its service level. If the Customer declines, Contractor may petition City to permit Contractor to increase the service level to accommodate the higher demand for service. City approval is required prior to increasing a Customer’s service level without prior Customer consent. 4.1.8 Temporary Bin Service Contractor shall provide exclusive temporary Bin Service to Customers upon request. Contractor must deliver a temporary Bin to a Customer within forty-eight (48) hours of request (Sundays and holidays identified in Section 4.6.1.1 excluded). Rates for temporary Bin Service are listed separately in the approved rate schedule. May 24, 2013 -30- City of Hermosa Beach 4.1.9 Scout Vehicles Scout vehicles are defined as vehicles that transport a Solid Waste Container to and from the point of Collection by a Collection vehicle. Customers receiving scout truck service immediately prior to the start of service under this Agreement will continue to receive this service as identified in Exhibit 8. Contractor may continue to charge existing scout service Customers for this service, if it is operationally required to service the Bin. Contractor may add Customers to this service if the Bin cannot otherwise be positioned for Collection or if the service is requested by the Customer, or remove Customers from the scout route, in accordance with the approved rate schedule. In the event of a disagreement, the City shall make the final decision. 4.1.10 Bin Push-out Service Contractor shall maneuver Customers’ Bins to the point of Collection, and return the Bins to Bin enclosures or other storage locations. Company may only charge a push-out fee, included in the approved rate schedule, if the push-out distance is at least ten (10) feet from the front of the enclosure or other storage location to the point on the Bin closest to the storage location when positioned for Collection, and that this point of Collection is as close to the storage location as operationally feasible. If it is operationally feasible for the route Collection vehicles to Collect at a location close enough that this measurement does not reach ten feet, a fee will not be applied. In accordance with Exhibit 2, if a fee is permitted per this section, it may be applied for each fifty (50) feet the Bin must be moved; charged once for ten (10) to fifty (50) feet, twice for fifty-one (51) to one hundred (100) feet, etc. Application of this fee to Customers not already being charged is subject to written approval of the City. A push-out and a scout charge may not both be applied for servicing the same Bin. 4.1.11 Locking Bins Contractor shall provide locking Bin Service (including providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the approved rate schedule. May 24, 2013 -31- City of Hermosa Beach 4.1.12 Roll-off Box Service Contractor shall provide exclusive permanent and temporary Roll-off Box Collection service upon request. Contractor must deliver a temporary Roll-off Box to a Customer within forty-eight (48) hours of request (Sundays and holidays identified in Section 4.6.1.1 excluded). Contractor will provide standard 10, 30 and 40-cubic-yard standard Roll-off Boxes. The provision of compactor Roll-off Boxes, which are enclosed Containers attached to a compaction devise, is not included in this Agreement. Providing service to such compactor Roll-off Boxes is included. Roll-off Box service shall be Billed at a pull plus dump rate, meaning a flat rate for service plus a per ton rate for the Solid Waste Collected. Customer may be charged a per ton overweight charge for each ton over ten (10) in any Roll-Off Box load. If Contractor can determine that a load is greater than ten (10) tons prior to Collection, Contractor may instruct Customer to reduce the load to no more than ten (10) tons. 4.1.13 Extra Assistance in High Solid Waste Generating Commercial Areas Areas of the City, particularly the Downtown Area, receive a significant increase in Solid Waste disposal on holiday weekends when Collection service might otherwise be postponed. In the Downtown Area (see Exhibit 9), Contractor shall continue Collection despite holidays, shall provide extra pickups as needed to minimize overflowing Containers, and maintain cleanliness in and around Bin enclosures and Solid Waste Containers. Contractor shall proactively work with Customers to plan for surges in Solid Waste generation. Contractor shall work with Customers to minimize overflow from Bins and into enclosures on an ongoing basis. 4.1.14 Shared Solid Waste Downtown Compactor Facility and Porter Service Customers in the Downtown Compactor Facility Service Area share Solid Waste Container(s) due to space constraints on using individual Collection Containers and must utilize the Compactor Facility for solid waste collection. May 24, 2013 -32- City of Hermosa Beach Contractor shall monitor and control access to the shared solid waste facility. Additional collection containers, such as for grease collection, may be housed in this Facility, and access will be provided to Customers paying for the shared Collection service and to third parties hired to provide collection of grease or other materials from the enclosure. Contractor is responsible for enclosure cleanliness and shall steam clean this enclosure, in accordance with all National Pollution Discharge Elimination System (NPDES) regulations, reclaiming and properly removing for disposal water, a minimum of three times per week, or more frequently if needed to control cleanliness of enclosure. Contractor is responsible for monitoring and maintaining cleanliness of adjacent areas used to place other Solid Waste Containers, including Recycling Bins. A. Shared Solid Waste Containers in Downtown Compactor Facility Service Area Prior to Construction of Downtown Compactor Facility a) Prior to construction of new Downtown Compactor Facility, businesses in the Downtown Compactor Facility Service Area utilizing the shared solid waste containers in the existing non-automated enclosure shall continue bringing solid waste to the enclosure for Collection. Rates shall be charged based on generation level data from previous hauler. b) When construction on new Downtown Compactor Facility begins, Contractor shall also provide a secured temporary staging area that will serve to provide trash collection services during the construction process. The Contractor shall have a designated representative to coordinate disposal operations during the construction process. c) Access and Cleaning – Contractor shall monitor and control access to the shared solid waste facility. Additional collection containers, such as for grease collection, may be housed in this Facility, and access will be provided to Customers paying for the shared Collection service and to third parties hired to provide collection of grease or other materials from the enclosure. Contractor is responsible for enclosure cleanliness and shall steam clean this enclosure, in accordance with all National Pollution Discharge Elimination System (NPDES) regulations, reclaiming and properly removing for disposal water, a minimum of three times per week, or more frequently if needed to control cleanliness of enclosure. Contractor is responsible for monitoring and maintaining cleanliness of adjacent areas used to place other Solid Waste Containers, including Recycling Bins. May 24, 2013 -33- City of Hermosa Beach B. Shared Solid Waste Containers in Downtown Compactor Facility Service Area After Construction of Downtown Compactor Facility a) Porter Service. Porter service is the provision of Contractor employee(s) to operate and maintain the Downtown Compactor Facility. Contractor may assess fees for porter service in accordance with the approved rate schedule. This fee shall represent full compensation for the porter service. Contractor shall be responsible for dividing the porter service fee among Customers based on level of generation, which will, at a minimum, be done at the start of service, each time there is a change in the amount of the fee, and if requested by City. Contractor shall maintain records of level of generation and Collection of Solid Waste at participating businesses, and shall update the records, at a minimum, once a year, and each time the City requests a report or there is a change in tenants that may significantly alter the distribution of Collection efforts. City may request an increase or decrease in the customer base receiving porter service, may add additional enclosures, or make other service adjustments; if such service changes make a significant impact in the cost of providing service, the porter service fee shall be adjusted to reflect the actual change in costs. b) Cost Allocation. Only costs included on the approved rate schedule and as provided in this section, and the new Downtown Compactor Facility construction cost and utilities as described in Section 4.12, may be charged and allocated by Contractor. Contractor shall determine shared Container Collection costs in accordance with the approved rate schedule and shall allocate the cost to participating Customers based upon usage. This allocated Solid Waste Collection fee shall be identified on the Customer’s invoice separately from the allocated porter service fee. In addition to rates for Collection services under the approved rate schedule, businesses in the Downtown Compactor Facility Service Area utilizing the Downtown Compactor Facility described in Section 4.12 may also be charged for utility services and lease of the compactor. Utility services for said Facility operation may be charged, including Gas, Water, and Electric service. Gas may be employed for the provision of hot water service. Electrical service will be required for lighting, and operation of compactors, roll- May 24, 2013 -34- City of Hermosa Beach up doors, and miscellaneous equipment. Water will be required for operation and cleaning of facilities. The cost of leasing the compactor may be charged to participating businesses provided City provides written approval of the amount based on documentation of cost of the lease. The Facility will also include a confined area for the installation of an above- ground grease receptacle, providing a means for disposal of used restaurant grease. While Contractor does not provide the grease collection service, Contractor shall keep the grease collection area clean. Contractor shall also be responsible for operation and maintenance of facility’s grease clarifier. These Downtown Compactor Facility costs shall be proportionally allocated amongst the participants in the same manner that the other Facility costs are proportioned among the participating businesses (see above), and shall be charged on the businesses’ monthly billing statements. c) Dispute over Allocation of Fees and Costs. If Customer and Contractor dispute the allocation of porter fees or shared Solid Waste Collection costs, Contractor shall provide Solid Waste Collection reports to the City Manager identifying the estimated quantity of Solid Waste Collected by Customer versus total Solid Waste Collected, based upon capacity, and the City Manager’s determination as to the allocation shall be final. Reallocation of these costs among Customers shall be done only upon request by, or with the approval of, the City. Reasons for reallocation may include a significant shift in the waste stream due to a change in mix of Customers or vacancy. d) Dispute over Participation in Shared Downtown Compactor Facility Collection and Porter Service. If there is a dispute between a Customer and Contractor as to whether a business is to participate in porter service and in sharing Collection services and service costs, or if the City Manager otherwise determines a change is warranted for health and safety or other reasons, City Manager shall make the final determination as to participation. May 24, 2013 -35- City of Hermosa Beach 4.1.15 On-Call Bulky Item Pickup Contractor shall provide Bulky Item pickup service to all Residential Customers (including Cart, Can and Bin Customers) on a regularly scheduled collection day. While Contractor may request Customers to call in Bulky Item pickups, Contractor shall ensure all items placed for Collection are picked up whether or not call has been placed. If it is unclear to the driver whether an item was intended for Collection, Contractor may contact Customer for confirmation prior to collecting the item(s). If Contractor is unable to contact the Customer or unable to receive conformation prior to Collecting the item(s), Contractor will assign the Bulky Item(s) to the physical address in which the item(s) was placed. If there is a dispute between Contractor and Customer as to whether a Bulky Item Collection is to be assigned to a particular Customer, City will make the final determination. Each Residential Customer shall be entitled to two (2) Bulky Item pickups per dwelling unit per calendar year at no additional charge. Customers may put out up to three (3) cubic yards at each pickup. Contractor shall Collect all Bulky Items as defined in Section 1.6 including items referred to as Electronic Waste. The following provisions shall apply to this program: • No single item that cannot be handled by two (2) workers will be accepted. • The following items will not be picked up: Hazardous Substances, Hazardous Waste, including waste oil or anti-freeze. (For the purposes of this section, universal wastes such as fluorescent bulbs, household batteries, and televisions, monitors and other items referred to as Electronic Waste are not considered hazardous and will be Collected by and disposed of in accordance with this section as well as Sections 4.1.16 and 4.1.17 by Contractor.) Residential Customers that exceed the number of free Bulky Item pickups, and all Commercial Customers, may receive Bulky Item Collection under the same terms for a fee, in accordance with the approved rate schedule in Exhibit 2. May 24, 2013 -36- City of Hermosa Beach 4.1.16 Bulky Item Diversion Bulky Items Collected by Contractor in accordance with Section 4.1.15, 4.1.17 and 4.5.6, or otherwise Collected under this Agreement, may not be landfilled or disposed of until the following hierarchy of Diversion efforts has been followed by Contractor: 1) Reuse as is; 2) Disassemble for reuse or Recycling; 3) Recycle; 4) Dispose. This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for Disposal. 4.1.17 Disposal of Electronic and Other Special Wastes Contractor shall divert waste requiring special handling, such as Electronic Waste Collected in accordance with Sections 4.1.15, 4.1.16 or 4.5.6, or by other means under this Agreement, by taking these goods to a properly permitted Facility, and not by landfilling. Contractor may encourage Customers through public education materials to bring small items requiring special handling, such as fluorescent bulbs or batteries, to a local HHW drop-off center, but will properly process such material received through the provision of services under this Agreement at no additional charge. 4.1.18 Optional On-Call Household Hazardous Waste Collection and Disposal Contractor shall implement a door-to-door HHW Collection program if requested by City within ninety (90) days of such a request. Contractor shall receive a rate increase, as specified in the approved rate schedule, of $0.45 per dwelling unit per month, applicable when the service becomes available to Residential Customers. Prior to program implementation, this $0.45 shall be recalculated to include the annual percentage rate increases approved by the City for the monthly Residential Cart Collection rate. For billing purposes, the City may direct Contractor to either add this HHW charge in with the monthly Residential Collection rate, or itemize the fee as a separate cost item on the invoice. May 24, 2013 -37- City of Hermosa Beach If the City chooses to implement the door-to-door HHW Collection, City and Contractor shall meet and confer prior to implementation of this program to determine the frequency, or to establish the pre-scheduled days for door-to-door HHW collection. These pre-scheduled days can be set at up to twice per month, based on the needs of the City. Residents will call Contractor to be placed on the route for the next pre-scheduled HHW Collection day. During this call, the residents shall receive instructions as to where, when and how to place the items for Collection. Items to be Collected shall include, at a minimum: Sharps, non-controlled pharmaceuticals, paint, oil, chlorine, pool acid, pesticides, household batteries, fluorescent bulbs, and other household chemicals. If the City elects to provide City-wide drop-off events instead of individual door-to- door Collection of HHW, in addition to provisions allowing e-waste to be included as part of Bulky Item pick-up, for no more than the same cost per dwelling unit per month, Contractor shall promote and conduct two City-wide HHW drop-off events per year. Contractor shall be responsible for securing an in-City location and for all associated event costs. Contractor may schedule the drop-off events in conjunction with the Shred Day events described in Section 4.1.20. These events would be separate from, and in addition to, any events conducted through Los Angeles County programs. Subject to City approval, Contractor may use a third-party vendor for such services, provided Contractor remains fully responsible for services provided by, and any payment to, such party. Contractor is responsible for ensuring that the vendor providing HHW Collection and proper disposal services under this section maintains all of the proper permits and insurance to provide such service. 4.1.19 Restaurant Food Waste Program Option City may require Contractor to conduct a Restaurant Food Waste diversion pilot program upon request, at no additional charge. 4.1.20 Document Shredding Contractor will conduct two (2) shredding events per calendar year, on City-approved days, at a City-provided location at no additional cost. City will inform Contractor of the time at which each event will begin, and each event shall last for eight (8) hours. Contractor shall be on-site for a sufficient time before and after the event to set up and clean up. Contractor shall provide staff and equipment to Collect all paper delivered by May 24, 2013 -38- City of Hermosa Beach anyone that resides or operates a business in the City. Contractor will shred paper in manner that guarantees confidentiality and destruction of the documents, and diverts the shredded material from landfilling. Contractor will publicize the event through its mailers, contacting local business groups and placing local ads. Contractor shall provide monthly document shredding services for City facilities. Multiple sites may require servicing each month and Contractor is responsible for visiting each City facility in need of the service. 4.2 Recycling 4.2.1 Residential Cart/Can Recycling Collection Contractor shall provide all Customers receiving Cart/Can Refuse Collection with a 96, 64 or 32-gallon Cart for Collection of Recyclable Materials (“Recycling Cart(s)”), and shall Collect all Recyclable Materials placed therein for Collection not less than once per week. Contractor shall Collect Recyclable Materials from each Customer on the same day as Customers’ Refuse Cart/Can is Collected. Residential Customers who cannot accommodate Carts due to space constraints and/or conditions otherwise preventing the use of Carts shall continue to receive service using Contractor-provided Blue Cans (“Recycling Cans”). Recycling collection will be provided at no charge to the Residential Cart/Can Customers. Customers that regularly fill their Recycling Cart(s)/Can(s) may request additional Recycling Cart(s)/Can(s) at no additional charge. Contractor shall have a Recycling program whereby it, at a minimum, Collects all materials that can be recovered at the local processing Facility used by Contractor. Contractor will update public education materials accordingly as new items are added to those recovered by the Facility. 4.2.2 Commercial Recyclables Collection 4.2.2.1 Source Separated Recycling Contractor shall provide Recycling services to Multi-Family Bin and Commercial Customers at rates no higher than 50% of comparable Refuse Collection rates for the same size Container and Collection frequency, in accordance with the approved rate schedule. Commercial Recyclables in Carts shall be collected on the Residential May 24, 2013 -39- City of Hermosa Beach Recyclables Cart route, and Recyclables in Bins may be Collected with mixed waste from Refuse Bins provided all such material is processed to recover Recyclables. As Commercial Recyclables tonnage will be co-Collected with other waste streams, Contractor shall provide an allocation of such tonnage on its tonnage reports, and provide allocation support upon request. Contractor shall assist the City in meeting mandatory Commercial Recycling program requirements at no additional charge, including providing reporting that may be required. Contractor shall contact all Bin and permanent Roll-off Box Customers within the first twelve (12) months of the Agreement in an effort to establish Recycling programs. Contractor shall provide a reporting of these contacts, including whether a Recycling program was implemented as a result, and/or if the Customer indicated it already has a Recycling program in place, either through Contractor or a third party, and any other information that may assist the City in meeting the State’s mandatory Commercial Recycling program requirements. Upon request, Contractor shall provide City with a list of Residential Bin Customers, and all Customers generating the State’s threshold for participation in mandatory Commercial Recycling (currently four-cubic-yards or more of Solid Waste generated per week), that do not subscribe to a Recycling program offered by Contractor or, if known, a third-party. 4.2.2.2 Downtown Compactor Facility Solid Waste Processing Contractor shall process all Solid Waste Collected from the Downtown Compactor Facility, removing non-compostables and composting the remainder of the Solid Waste for diversion credit. 4.2.2.3 Bin and Roll-Off Waste Processing Contractor shall send to a MRF for processing all Solid Waste Collected in Bins and Roll-Off Boxes not covered under Section 4.2.2.2 to recover Recyclables prior to landfilling. 4.2.3 Warning Notice Contractor shall place a red tag or other warning notice approved by the City on all Refuse, Recyclable Material or Green Waste loads that are contaminated, indicating to May 24, 2013 -40- City of Hermosa Beach the Customer why the load was not Collected and, if applicable, diverted, or if the Recycling or Green Waste Container was sufficiently contaminated that it had to be Collected as Refuse, and providing Contractor’s phone number. For Customers with off-site management such as small apartment buildings, Contractor shall also mail a copy of the warning to the Customer’s Billing address. Contractor shall notify City on a monthly basis of any warning notices issued pursuant to this section, and shall provide copies of such warnings to City upon request. With prior written City authorization, Contractor may remove Recycling and Green Waste Containers from habitual contaminators that have received a total of three (3) warnings on a Container in any six- month period. Recycling and Green Waste Containers will be returned after six (6) months, or upon direction of the City, or if there is a change of occupancy. Contractor will visually inspect the contents of Residential Refuse Carts and, if significant Recyclable Materials are found, leave a notice educating Customer to better separate Recyclable Materials from Refuse. 4.2.4 Marketing and Sale of Recyclable Materials Contractor shall be responsible for marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable Materials, and shall report the amount of such revenues to City upon request. 4.2.5 Minimum Recycling Requirements Contractor shall divert from landfilling a minimum of fifty percent (50%) of all Solid Waste it Collects under this Agreement. Recycling of materials not Collected by the Contractor is not to be counted towards meeting this requirement. For the purposes of this section, diversion includes Recycling, Transformation and other forms of converting Solid Waste into energy to the extent that such diversion is accepted by the State toward meeting the City’s diversion goal under AB 939. 4.2.6 Construction and Demolition Debris Diversion Contractor shall divert a minimum of seventy percent (70%) of all Construction and Demolition Debris Collected. Contractor will bring all loads of mixed Construction and Demolition Debris to a construction and demolition debris processing facility for separation and recovery of this material. May 24, 2013 -41- City of Hermosa Beach Contractor shall provide a dedicated customer service representative focused on providing support for construction and demolition projects who will work with each Customer to provide the correct services and service levels that ensure the highest feasible diversion at the lowest cost to the Customer. 4.2.7 Battery Recycling Drop-Off Contractor shall provide containers at a minimum of four locations, such as City Hall, as identified by City for the drop-off of household batteries by residents. Contractor shall Collect batteries at least monthly, or more frequently if needed, and provide for proper disposal. This program shall be provided at no additional charge to City, rate payers or participants. 4.3 Green Waste Program 4.3.1 Single Family Green Waste Collection Contractor shall provide all Customers receiving Cart Refuse Collection who opt to receive Green Waste service with 96, 64 or 32-gallon Cart(s), as requested, for Collection of Green Waste (“Green Waste Cart(s)”). Green Waste service shall only be provided using Carts, not Cans. See Section 4.4.1.1 for Cart distribution. Customers shall be charged for Green Waste Cart Collection based upon the number and size of Green Waste Carts requested in accordance with the approved rate schedule. Contractor shall Collect all Green Waste placed in Green Waste Carts, as well as all Green Waste bundled as set forth below, and put out for Collection by Customers paying for service not less than once per week. Contractor shall, at a minimum, Collect and divert the types of Green Waste defined in Section 1.29. Upon closure of the Puente Hills Landfill, Athens will accept and divert from landfilling Food Waste placed in Green Waste Carts, along with Green Waste, with no increase in rates for the addition of Food Waste to the Green Waste program other than the adjustment to Green Waste Cart rates permitted per Section 6.4.4 for the change in Green Waste facilities (from Puente Hills Landfill which could not accept Food Waste in Green Waste to a Facility that does). May 24, 2013 -42- City of Hermosa Beach As soon as, and for as long as, Food Waste is permitted for Collection in the Residential Green Waste Cart, the City’s public schools administered by the Hermosa Beach City School District shall have the option of participating in this program at no cost to the City or schools. Contractor shall provide as many Carts to the schools as necessary to Collect their Food Waste, and such Carts shall be Collected on the Residential Green Waste Cart route. Contractor shall only be obligated to Collect Green Waste set out for Collection in bundles if bundles are each a maximum of four (4) feet long and eighteen (18) inches in diameter. Green Waste will be Collected from all subscribing Customers on the same weekday, initially determined to be Tuesday; the selected weekday shall be the day on which Customers with the greatest potential generation of Green Waste have their Refuse and Recyclables Collected, and any change in this day will be mutually agreed to in writing by the City and Contractor. At City’s sole discretion, Refuse Cart Customers with Refuse Collection on other weekdays may participate in the Green Waste program at the same rates, placing their Green Waste Carts out for Collection on Green Waste Collection day, or may not be provided the opportunity to opt-in in order to avoid Collection trucks on those Customers’ streets on a second Collection day each week. 4.3.2 Holiday Tree Collection Program Contractor shall operate an annual holiday tree Collection program, Collecting all holiday trees placed out for Collection on Collection day by Residential Cart/Can or Bin Customers for a minimum of three weeks following December 25. After this period, trees will be Collected as Bulky Items under Section 1.6. Trees up to six (6) feet in length will be Collected and diverted without Customers needing to cut them. Contractor may request that Customers with larger trees cut the trees to pieces no longer than six (6) feet. In addition to the above curbside program, Contractor shall provide three (3) roll-off boxes for tree drop-off at City-specified locations during the three (3) weeks following December 25. Contractor will divert all holiday trees from landfilling, with the exception of trees that cannot be diverted due to flocking, tinsel or ornaments. May 24, 2013 -43- City of Hermosa Beach 4.3.3 End Uses for Green Waste Contractor shall divert Green Waste materials Collected through weekly Cart and bundle Collection, and holiday tree Collection from Disposal. Contractor must provide end uses for Green Waste that maximize Diversion credits for City according to regulations established by CalRecycle. Green Waste may be used as alternative daily cover at landfills, or “ADC,” only to the extent that the City will get full Diversion credit for its use. Contractor is responsible for monitoring how the Green Waste will be diverted at selected facilities and for selecting alternative facilities if necessary to ensure full Diversion credit. Failure to do so places the Contractor in default. City has the option, but not obligation, to direct Contractor where to deliver the material. 4.3.4 Backyard Compost Program Contractor shall offer composting bins and worm bins to each Residential Customer that requests one, and bill the Customer a co-pay in an amount to be determined by City. Contractor shall obtain written City approval prior to ordering bins, and City may select the bins. The difference between the amount billed to the Customer and the actual cost of the bin to the Contractor (excluding delivery or other associated costs) shall be reimbursed to Contractor by the City. City may inform Contractor as to an annual cap or overall cap on the number to be distributed. At no additional cost, Contractor shall offer composting classes at least twice per year, and will create and make available a brochure that educates Customers on composting. If requested by the City, Contractors will include presentations by nutritional experts and other guest speakers at the compost classes. 4.3.5 Free Compost Give-A-Way Events Contractor shall conduct a compost give-a-way event twice each calendar year at no additional charge. Dates must be approved in advance by the City, which may require Contractor to select alternative dates. Location to be arranged by Contractor, subject to City approval. Contractor shall promote events through its mailings, website and other outlets. Contractor shall provide, at no cost to City, ratepayers or participa nts, two 40- cubic yard containers of compost to the event. Contractor shall provide sufficient staff to operate the event in an orderly manner and to assist residents in transferring the compost into resident-provided containers. May 24, 2013 -44- City of Hermosa Beach 4.3.6 Free City Compost Contractor shall provide 100 cubic yards of compost per year for City usage at no cost, and offer the City additional compost above this limit at Contractor’s cost. Contractor shall deliver compost at locations and times coordinated with City; deliveries may be at multiple locations at different times. 4.3.7 Residential Food Waste Pilot Program Contractor shall provide a three-month pilot program including Residential Green Waste Program Customers, but not less than ten percent (10%) of the City’s Residential Refuse Cart Collection Customers, for the Collection and Diversion of Food Waste. The program shall consist of educating participating residents to place Food Waste in their Green Waste Cart(s) for Collection on their regularly scheduled Green Waste Cart Collection day. Contractor shall collect tonnage data from partcipants before and during the pilot program period for comparison, and shall survey participants for feedback on program. This pilot program shall be conducted at no additional cost to City or ratepayers, and will be conducted at a time requested by City. (See Section 4.3.1 for converstion to City-wide Residential Food Waste Diversion program at closure of the Puente Hills Landfill.) The public schools in the City of Hermosa Beach shall be provided the option of participating in this, or any, Food Waste pilot program at no cost to the City or schools. The schools shall be provided sufficient Carts to accommodate the Food Waste generated by the schools. The schools need not add Green Waste to the Carts. 4.4 Container Selection, Distribution and Exchanges 4.4.1 Containers 4.4.1.1 Residential Container Distribution All Carts and Contractor-provided Cans shall be new at the start of service. Contractor shall mail a return postage paid postcard and information describing the new rate structure and Container options to all Residential Customers. Contractor must obtain City approval of post card and information to be sent prior to distribution. Postcard will provide Customers with an opportunity to select the size and number of Refuse Containers, and Recycling and Green Waste Carts to be delivered. May 24, 2013 -45- City of Hermosa Beach If a selection is not made, Customers will receive one 64-gallon Refuse Cart and one 64- gallon Recycling Cart. No Green Waste Carts will be distributed to Customers who did not request one. After initial Container distribution, Customers may request one (1) Container exchange at no charge within the six (6) months of the distribution, and once per year thereafter. After one (1) exchange per year at no charge, Customers may request Container exchanges in accordance with the approved rate schedule. One exchange includes all Container adjustments requested at one time, and multiple Containers and types (Refuse, Recycling, Green Waste as applicable) may be exchanged. In areas where Contractor cannot provide automated service due to right-of-way constraints (see Exhibit 10) and therefore Refuse Carts are not practical, Containers shall be provided by Contractor for Refuse and Recycling. In addition, upon request and/or when a Customer expresses concern that he/she cannot accommodate anticipated Carts, Contractor will visit and work with Customers at their residences to demonstrate how the Carts can be stored and wheeled to the point of Collection where operationally feasible. Should Customers not be able to accommodate Carts to be distributed, Contractor shall work with the Customer to provide a Container(s) to meet any legitimate space constraints or any difficulties in moving Containers from storage to Collection point. Note that a rate for manual service is included in the rate schedule, to be applied when Cart service is not feasible. (See Section 4.1.2 – if Contractor and Customer dispute Cart versus manual/barrel service, City shall make the final determination.) 4.4.1.2 Removal of Existing Containers Upon and after distributing new Refuse, Recycling and Green Waste Carts, Contractor shall remove, and Recycle to the extent possible before Disposing, all Customer- provided Cans, if Customer does not intend to retain the Cans. Contractor will also remove prior hauler’s Containers if prior hauler does not remove them. Contractor shall establish and advertise a system whereby Customers can indicate what Cans should and should not be removed. Prior to advertising removal of Containers, Contractor shall confer with prior hauler regarding coordination of removal and disposal of prior haulers’ Containers. If agreement cannot be reached, the City shall make the final decision. Contractor is responsible for all costs associated with Container collection and May 24, 2013 -46- City of Hermosa Beach Disposal or Recycling. Contractor may retain any scrap value received from the Recycling of collected Containers. 4.4.1.3 Container Design Requirements The Carts shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below. Cans shall comply with this section and the design and performance requirements as specified below as applicable. All Containers selected shall be subject to City approval. 4.4.1.4 Capacity Contractor shall provide Carts in 96-, 64- and 32-gallon sizes for Refuse, Recycling, and Green Waste Carts, 20-gallon for Residential Refuse, and 18-gallon for Commercial Recycling. Section references to Cart sizes of 18, 20, 32, 64 and 96-gallons are approximate. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size: 20 to 29-gallons (18 to 29-gallon for Commercial Recycling), 30 to 35-gallons, 60 to 70-gallons, and 90 to 101-gallons. 4.4.1.5 Container Handles The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. The preceding shall apply to Cans to the extent applicable. Pinch points are unacceptable. 4.4.1.6 Container Lid Each Container shall be provided with a lid that continuously overlaps and comes in contact with the Container body or otherwise causes an interface with the Container body that simultaneously: May 24, 2013 -47- City of Hermosa Beach • Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors; • Enables the free and complete flow of material from the Container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism; • Permits users of the Container to conveniently and easily open and shut the lid throughout the serviceable life of the Container; • The lid (and body) must be of such design and weight that would prevent an empty Container from tilting backward when flipping the lid open; and, • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Container body. 4.4.1.7 Container Colors The Refuse, Recycling and Green Waste Containers will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Color must be uniform within each Container, including replacement Containers distributed throughout the Term. Refuse Carts/Cans will be black. Recycling Containers will be blue. Green Waste Carts will be green. 4.4.1.8 Container Markings Containers shall be hot stamped. All markings must be approved by City prior to ordering. Graphics indicating which materials may and may not be placed in each Container and instructions on how to properly dispose of HHW, shall be included on the Container lid. Information shall be bilingual in English and Spanish. Labels shall include Contractor’s name and phone number, and the phone number for the proper disposal of HHW and Bulky Items. Containers shall provide street addresses as required by the Hermosa Beach Municipal Code to ensure correct billing. May 24, 2013 -48- City of Hermosa Beach 4.4.2 Container Performance Requirements All Carts shall be designed and manufactured to meet the minimum performance requirements described below, as applicable. 4.4.2.1 Cart Load Capacity Depending on the capacity, Containers shall have a minimum load capacity as noted below without Container distortion, damage, or reduction in maneuverability or any other functions as required herein. Size (Gallons) Minimum Load Capacity (LBS) 90-101 200 60-70 130 30-35 70 18 or 20–29 70 4.4.2.2 Container Durability Containers shall remain durable, and at a minimum, shall meet the following durability requirements to satisfy their intended use and performance, for the term of this Agreement: • Maintain their original shape and appearance; • Be resistant to kicks and blows; • Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with the intended use; • Resist degradation from ultraviolet radiation; • Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); May 24, 2013 -49- City of Hermosa Beach • The bottoms of Containers’ bodies must remain impervious to any damage that would interfere with the Containers intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and, • Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City. 4.4.2.3 Chemical Resistant Containers shall resist damage from common household or Residential products and chemicals. Containers, also, shall resist damage from human and animal urine and feces. 4.4.2.4 Stability and Maneuverability Containers shall be stable and self-balancing in the upright position, when either empty or loaded to the maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position. Containers shall be capable of maintaining the upright position in sustained or gusting winds of up to twenty-five (25) miles per hour as applied from any direction. Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface. 4.4.2.5 Lid Performance Cart lid assemblies shall meet the following minimum requirements: • Prevent damage to the Cart body, the lid itself or any component parts through repeated opening and closing of the lid by residents or in the dumping process as intended; • Remain closed in winds up to twenty-five (25) miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the May 24, 2013 -50- City of Hermosa Beach original designed and intended positions when either opened or closed or any position between the two extremes; and, • Lid shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Cart. Can lids shall maintain their shape and functionality, and be designed to remain in place, remain closed in winds up to twenty-five (25) miles per hour from any direction, and through repeated opening and closing of the lid by residents or in the dumping process as intended. 4.4.2.6 Reparability Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by Contractor personnel. All repairs must restore the Container to its full functionality to meet the design and performance requirements as set for herein. 4.4.3 Container Ownership and Maintenance Responsibilities All Containers that are distributed by Contractor under this Agreement remain the property of the Contractor at the end of the Agreement term. The Contractor shall be responsible for Container repair and maintenance, and replacing lost, stolen or damaged Container within three (3) business days at no additional charge to the Customer or to the City. Graffiti shall be removed or the Container replaced within twenty-four (24) hours of request by City or Customers. However, the Contractor may charge, subject to City approval, the Customer for repairing or replacing a Container if the damage was due to the Customer’s willful negligence or abuse. In no event shall this charge be greater than the Contractor’s actual cost for replacement parts or the new Container. 4.4.4 Bins Contractor shall provide Customers with Bins for Collection of Solid Waste. Customers may obtain Bin compactors and Roll-off compactors from either Contractor or a third party; the leasing of such equipment is outside the scope of this Agreement. Contractor shall maintain its Bins in a clean, sound condition free from putrescible residue. Bins shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted. Wheels, forklift slots, and other appurtenances, which May 24, 2013 -51- City of Hermosa Beach were designed for movement, loading, or unloading of the Bin, shall be maintained in good repair. Contractor shall periodically inspect, and if necessary or requested by the Customer, clean or replace all Containers once per year at no charge. Contractor shall perform cleaning or replacement of Bins more frequently if necessary, in accordance with the approved rate schedule, to prevent a nuisance caused by odors or vector harborage and to check for leaks and damage. Contractor shall replace any leaking or damaged bins or lids within five (5) working days of observed damage or by request by the tenant or City at no charge. If free liquids are observed in bins, Contractor shall promptly notify Customer that free liquids are not permitted, and notify City on second such observation. Customer may request additional cleanings in accordance with the approved rate schedule. Contractor shall remove graffiti at no additional charge from any Bin within twenty-four (24) hours of request by City or Customers. All Bins provided by Contractor shall remain the property of Contractor. Each Bin placed in the City by the Contractor shall have the name and phone number of the Contractor in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Contractor shall repaint Bins upon City request. To limit the possibility of leakage, Contractor shall provide Bins with plastic liners or plastic Bins at no additional cost to Customers whose Solid Waste may include liquid, organic, or other wet waste. Such Bins shall be supplied upon request; Contractor reserves the right to first make a site visit to confirm the nature of the waste generated, with the City making the final determination as to the necessity of a plastic Bin or Bin liner. Following Collection, Bins shall be returned to enclosures with lids closed. 4.4.5 Roll-off Boxes The Contractor shall provide clean Roll-off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll-off Box so as to be visible when the Container is placed for use. Contractor shall properly cover all open Roll-off Boxes May 24, 2013 -52- City of Hermosa Beach during transport as required by the State Vehicle Code. Contractor shall replace any leaking or damaged Roll-Off Boxes within five (5) working days of observed damage or by request of the tenant or City at no charge. If free liquids are observed in Roll-off Boxes, Contractor shall promptly notify Customer that free liquids are not permitted, and notify City on second such observation. Graffiti shall be removed within twenty-four (24) hours of request by City or Customers. All Roll-Off Boxes provided by Contractor shall remain the property of Contractor. 4.5 City Services 4.5.1 City Facilities Collection Contractor shall Collect and dispose of all Refuse, Recyclable and Green Waste material put in Containers for Collection at Premises owned and/or operated by the City now and in the future at no charge, including no charge for locking Bins, scout service, push- out service or other special services. Contractor shall ensure a sufficient number of Solid Waste Containers are provided at all City facility locations to meet Collection needs. Service levels, facility locations, and number of facilities serviced may increase during the Term of this Agreement without any additional compensation paid to the Contractor. Such Premises include, but are not limited to, City Hall, City offices, parks, community facilities, City yard, public litter and Recycling Containers (see Section 4.5.2), and street maintenance operations. Collections shall be scheduled at a time mutually agreed upon by Contractor and City. Construction and demolition debris collected from City facilities and projects must be processed in accordance with Section 4.2.6 for maximum diversion credit at no additional charge. Notwithstanding, Collection of refuse and debris by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events shall be charged at the contractual rates or rates otherwise negotiated with the City at the time. Street sweepings, as placed in a Container at the City yard by the street sweeping company, shall be collected and Disposed by the Contractor at no additional charge. May 24, 2013 -53- City of Hermosa Beach Contractor shall provide in-office Recycling Containers at all City facilities, including but not limited to the fire station and community center, upon request, including desk- side Recycling Containers and larger cans for Collection in common areas. Contractor shall visit City facilities prior to the start of service under this Agreement and meet with City staff to fully understand City facilities service needs and to recommend and implement improvements, if any. 4.5.2 City Litter Containers Prior Consolidated Disposal Service-Serviced City Litter Containers Contractor shall service all City Refuse and Recycling public litter Containers identified in Exhibit 4 as Recycling and Refuse Containers previously managed by Consolidated Disposal Service at the following minimum frequencies: a) At Least Once Per Day - Collect all Refuse Containers, between Memorial Day weekend and Labor Day, located along the beach, along Pier Avenue west of Ardmore, and in the Downtown Pier area between 10th Street and 15th Street. b) At Least Once Per Day – Collect all Recycling Containers, between Memorial Day weekend and Labor Day, located along the beach, along Pier Avenue west of Ardmore, and in the Downtown Pier area between 10th Street and 15th Street. c) At Least Once Per Week – Above referenced Containers from after Labor Day until immediately before Memorial Day weekend, and all other Refuse and Recycling Containers. d) At Least Twice Per Week – Collect all Containers on Hermosa Avenue, Herondo Street, Greenwich Village, Longfellow Avenue and Aviation Boulevard. e) At Least Once Per Week – Collect all Containers on Prospect Avenue and Pacific Coast Highway. f) At Least Three Times Per Week – Collect all Recycle Containers at all parks and Community Center. g) Holiday Service – Contractor’s servicing of all City Litter Containers includes servicing on holidays. May 24, 2013 -54- City of Hermosa Beach Athens/Contractor and True Green-Serviced Litter Containers Contractor shall assume Collection responsibility for all Refuse and Recycling public litter Containers identified in Exhibit 4 as serviced by True Green and by Contractor under a separate contract (see Exhibit 4 for identification of specific Containers). These Containers shall be Collected at the following minimum frequencies: a) At Least Seven Days per Week – Containers in the Downtown Area and on the Pier currently serviced by Contractor. b) At Least Three Days per Week - All other City litter Containers previously serviced by True Green in the Greenbelt, Parks and Community Center. City will provide Containers. Contractor shall provide all liners necessary to provide Collection service. Contractor is responsible for additional Collections as necessary to prevent Container overflow at no additional charge, including more frequent Collections on holiday weekends. City may add additional Recycling Container Collections at no additional charge; a Recycling Container may be paired with each litter Container in distribution. City may increase the number of Refuse Containers to be Collected by Contractor up to 10% above the number included in Exhibit 4 at no additional charge. Contractor and City shall negotiate in good faith for the servicing of additional Containers above this limit, in the future at the request of City. City reserves the right to have a third party service additional Containers. Solid Waste that may be Collected by third-parties from City public Refuse and Recycling Containers may be delivered to the City facilities for processing and Disposal by Contractor at no additional charge as part of City facilities Collection. 4.5.3 School Facilities Collection Contractor shall Collect and dispose of all Refuse, Recyclable and Green Waste material put in Containers for Collection at all public school facilities at no charge, including no charge for locking Bins, scout service, push-out service or other special services. Service levels and number of facilities serviced may increase during the Term of this Agreement without any additional compensation paid to the Contractor. Collections shall be scheduled at a time mutually agreed upon by Contractor and City. May 24, 2013 -55- City of Hermosa Beach 4.5.4 Special Events Contractor shall provide litter/Recycling boxes and liners for Refuse and Recyclables Collection to City upon request at no additional charge for use at all City-sponsored and select other in-City events, including but not limited to: New Year’s Eve (not event, to address increased pedestrian activity); California Coastal Cleanup; Sunset Concert Series; Ark Walk; St. Patrick’s Day Parade; and, Surfer’s Walk of Fame. Recycling boxes should be easily distinguishable from Refuse boxes, and labeled to facilitate proper use by event participants. City crews may transport waste from these events and other in-City events to existing Bins and Roll-Off Boxes located at City yard or parks for servicing by Contractor under Section 4.5.1. If events are not listed in this section or otherwise sponsored by the City, Contractor may charge for litter boxes and liners in accordance with the approved rate schedule. 4.5.5 Emergency Collection and Disposal Service Contractor will assist City at the City’s request with emergency Collection and Disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by the City, by providing Collection equipment and drivers normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates per the approved rate schedule. 4.5.6 Abandoned Item Collection Because time is of the essence, City crews will typically Collect items abandoned in the City and dispose of those items at City yard. Contractor will Collect such items from City yard and properly divert from landfilling or dispose of such items in accordance with Sections 4.1.16 and 4.1.17. To assist City crews, City may request that Contractor Collect abandoned items within 24 hours of request up to four times per month at no additional charge. May 24, 2013 -56- City of Hermosa Beach 4.5.7 Large Venue Event Assistance, Event Recycling Contractor will assist planners of large venue events with reporting and planning needs as may be both useful in meeting the requirements of AB 2176, and in lowering Disposal quantities generated at, and reducing litter at, large venue and other events on City property for which a permit is required by the City at no additional charge. Contractor shall take a proactive role in Solid Waste planning for large events. When informed by City as to an upcoming event, Contractor shall contact event planners to initiate Solid Waste Collection planning. Contractor shall provide Recycling services upon request to special event planners in accordance with Section 4.2.2. 4.5.8 Litter Boxes for Non-City-Sponsored Events Contractor must make cardboard litter boxes and liners available for purchase for all non-City-sponsored events in accordance with the approved rate schedule. 4.5.9 Code Enforcement Assistances City may request Contractor assistance with code enforcement, including reporting of container and enclosure issues and potential Solid Waste-related health and safety code violations. See Section 2.2 for code enforcement assistance regarding illegal hauling. 4.5.10 Capacity Guarantee Contractor guarantees capacity at its processing facilities for all Solid Waste Collected under this Agreement. 4.5.11 Toy Drive Assistance Contractor shall assist with an annual toy drive as directed by City, delivering to a City - identified location, and later removing, a clean, covered, water-tight lockable, walk-in roll-off box suitable for the Collection of toys. 4.5.12 South Bay Work Investment Board Contractor will work with the South Bay Work Investment Board (“SBWIB”), to identify, interview, and hire SBWIB-provided candidates who meet Contractor’s hiring qualifications. May 24, 2013 -57- City of Hermosa Beach 4.5.13 Dog Waste Program Contractor shall provide bags to the City for dog waste dispensers located in the City. City crews will place the bags in the dispensers. Bags will conform to the City’s dispensers, but Contractor may place its logo, educational information or other suitable communications on the bag approved by the City. 4.6 Operations 4.6.1 Schedules 4.6.1.1 Collection Days and Hours To preserve peace and quiet, Solid Waste shall only be Collected between 7:00 a.m. and 6:00 p.m. Residential collection is only permitted Monday through Thursday (with an exception for collection postponed to Friday during a holiday week as described below); Commercial collection is permitted seven (7) days a week. Contractor may not make exceptions to these Collection days and times without advanced written approval from the City. If the regularly scheduled Collection day falls on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all be postponed one Collection day, with the exception of service in the Downtown Area. Contractor shall continue providing scheduled service in the Downtown Area on holidays, and shall provide extra pickups as necessary, to prevent overflowing Containers on holiday weekends. See Section 4.1.13. 4.6.1.2 Review of Schedules and Routing Contractor shall review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement with City within 45 days of the effective date of this Agreement, and subsequently upon thirty (30) days written notice requesting said review. Contractor shall submit a copy of its Commercial and Residential Collection schedule and route map within seven (7) days if requested by City. If the plan is determined to be inadequate by City, Contractor shall revise it, incorporating any changes necessary to make it satisfactory to City within thirty (30) days. May 24, 2013 -58- City of Hermosa Beach No change in schedules and routing shall be implemented for fifteen (15) days after Contractor receives approval from City and notifies Customers. No significant route changes may be made by Contractor without prior approval by City. 4.6.1.3 Missed Pickups If a missed pickup of Refuse, Recycling and/or Green Waste is reported to the Contractor by 3:00 p.m., the Contractor shall collect it on the same day. If a missed pickup is reported after 3:00 p.m., the Contractor shall make up the collection by noon of the next business day. 4.6.2 Vehicles A. General. The Contractor shall provide Collection vehicles sufficient in number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms as described in this Agreement. Any additional vehicles/routes that may be required to meet the service standards during the term of this Agreement shall be added at the Contractor's sole expense. The Contractor shall have available on Collection days sufficient back-up vehicles for each type of Collection vehicle used to respond to complaints and emergencies. B. Specifications. All route vehicles shall use compressed natural gas (“CNG”) or liquefied natural gas (“LNG”) within six months of the start of service under this Agreement. Contractor shall be in compliance with all rules and regulations currently in force or passed during the Agreement Term, including South Coast Air Quality Management District (“SCAQMD”) and the Air Resource Board’s regulations, in regards to all vehicles used in the City. No rate adjustments shall be made for such changes in law. All vehicles used by the Contractor in providing Solid Waste Collection services shall be registered with the California Department of Motor Vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage or overflow. Roll-off Box vehicles, Container delivery vehicles, scout vehicles, supervisor pickup trucks, and vehicles used for holiday tree Collection, special events and Bulky Item Collection are only required to use LNG or CNG fuel to the extent required by law, including SCAQMD and Air Resources Board regulations, with no rate adjustments granted for such changes in law. If SCAQMD Rule 1193 is determined to apply to the City of Hermosa Beach, Section 1193(d)(4)(B) would be applied for Roll-Off vehicles. May 24, 2013 -59- City of Hermosa Beach All route vehicles shall be no older than fifteen (15) years at any point during the Term of the Agreement. Contractor shall provide sufficient numbers of Collection vehicles no larger than a scout truck of GVM – 6,400 lbs., L-212’ x W-92” x H-75”, wheel base–118” and/or a small side loader of GVM-19,500 lbs., L-273” x W-96” x H-121”, wheel base–178.5” to service narrow streets and alleys North of 27th Streets and other difficult areas where standard size Collection vehicles cannot easily and safely service Customers. C. Vehicle Identification. The Contractor's name, local telephone number, and a unique vehicle identification number designed by the Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than three (3) inches high. The Contractor shall not place the City's name and/or any City logos on the Contractor’s vehicles. Vehicles shall all be painted in a standard color scheme. City must approve truck labeling. D. Collection Vehicle Billboards. City reserves the right to request that Contractor install frames on its Collection vehicles for placement of City billboards. City would be responsible for the cost of developing the billboards and providing the billboards to Contractor for mounting. City has the exclusive right to promote City events and provide public information through the use of billboards on Collection vehicles. E. Cleaning and Maintenance 1) Contractor shall maintain all of its properties, vehicles, Facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean and operable condition at all times, and compliant with all federal, State and local laws. 2) Vehicles used in the Collection of Solid Waste shall be painted, thoroughly washed, and thoroughly steam-cleaned on a regular basis so as to present a clean appearance. The City may inspect vehicles at any commercially reasonable time to determine compliance with this Agreement. The Contractor shall also make vehicles available to the Los Angeles County Health Department for inspection, at any frequency it requests. The Contractor agrees to replace or repair to the City’s satisfaction, any vehicle that the City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition. May 24, 2013 -60- City of Hermosa Beach 3) Contractor shall repaint all vehicles used in the Collection of Solid Waste within sixty (60) days' notice from the City, if the City determines that their appearance warrants painting. City shall not request that vehicles be painted more than once every three (3) years. 4) The Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly, or vehicles that are leaking or in such a condition as to be unsafe or excessively noisy, shall be removed from service until repaired and operating properly. The Contractor shall reasonably perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. The Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage (or hours of operation) and shall make such records available to the City upon request. 5) Contactor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. The Contractor shall maintain accurate records of repair, which shall include the date and mileage (or hours of operation), nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed. 6) Upon request by the City, the Contractor shall furnish the City a written inventory of all equipment, including Collection vehicles, used in providing service, and shall update the inventory annually. The inventory shall list all equipment by manufacturer, ID number, date of acquisition, type, and capacity. F. Operation 1) Vehicles. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. The Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by State or local weight restrictions on vehicles. 2) Noise. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205, and other applicable noise control regulations, and shall incorporate noise control features throughout the entire May 24, 2013 -61- City of Hermosa Beach vehicle. In no event shall the noise level of equipment used for Collection exceed seventy-five (75) dB when measured at a distance of twenty-five (25) feet from the vehicle, five (5) feet from the ground. Contractor shall submit to the City, upon City’s request, a certificate of vehicle noise level testing of all vehicles by an independent testing entity. The Contractor shall store all equipment in safe and secure locations in accordance with the City's applicable zoning regulations. 3) Damage. Contractor shall be responsible for any damage resulting from or directly attributable to any of its operations, and which it causes to: the City's driving surfaces (excluding normal wear and tear), whether or not paved; associated curbs, gutters and traffic control devices; other public improvements; and private roads and alleys. G. City Inspection Per Code. The City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the applicable provisions of the State Vehicle Code, including all Vehicle Code sections regarding smog equipment requirements. The City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes. No vehicle directed to be removed from service by the City shall be returned to service until it conforms with applicable codes, and its return to service has been approved by the City. H. Brake Inspections. The brake system of each vehicle used in performance of this Agreement shall be inspected and certified according to State law, but not less than annually, by the California Highway Patrol or by a brake inspection station licensed by the California Highway Patrol. Notice of certification shall be made available to the City within thirty (30) days of request. Failure to submit the required certification if requested shall be grounds for suspension or terminating this Agreement. I. Correction of Defects. Following any inspection, the City Manager shall have the right to cause the Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager’s determination may be appealed to the City Council, and its decision shall be final. May 24, 2013 -62- City of Hermosa Beach 4.6.3 Litter Abatement A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled and/or scattered during the Collection or transporta- tion process. If any Solid Waste or fluids leak or spill during Collection, Contractor shall promptly clean up all such materials. Each Collection vehicle shall carry a broom, shovel, absorbent, and containment materials at all times for this purpose. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a pre-approved method of Solid Waste transfer between vehicles, without prior written approval by City. B. Clean Up. During the Collection or transportation process, Contractor shall clean up all litter spilled during Collection or otherwise caused by Contractor. Contractor shall leave a “red tag” notice for Customer if litter not caused by Contractor is found in Container enclosure or around Containers. For litter due to overflowing Bins, Contractor may address habitual offenders in accordance with Sections 4.1.3 and 4.1.7. In the event of a spill of materials (vehicle fluids, leachate, etc.), Contractor shall provide a cleanup of the spill to the satisfaction of City and other governing agencies. Cleanup methods may include pressure washing (Contractor must capture and reclaim water) or other similar clean-up methods. C. Covering of Loads. Contractor shall properly cover all open debris boxes during transport to the Disposal Site. D. Maintenance of Roll offs, Bins and 4.6.4 Personnel A. Qualified Drivers. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management and other personnel as may be necessary to provide the services required by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. May 24, 2013 -63- City of Hermosa Beach B. Hazardous Waste Employee Training. Contractor shall establish and vigorously enforce an educational program which will train Contractor's employees in the identification of Hazardous Waste. Contractor's employees shall not knowingly place such Hazardous Waste in the Collection vehicles, nor knowingly dispose of such Hazardous Wastes at the processing Facility or Disposal Site. C. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process. D. Compliance with Local Laws. Contractor and its employees shall comply with all local laws when conducting business in the City. No smoking is allowed within vehicles, and all smoking materials that are allowed shall be properly disposed of; no smoking materials or other trash shall be discarded in any location except approved trash or recycling containers. Employees and subcontractors shall comply with all other laws or regulations pertaining to franchisees or the public generally. E. Unauthorized Material Removal. Contractor shall dismiss or discipline employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement. F. Training. Contractor shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations. G. Compliance with Immigration Laws. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. Contractor warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any subcontractor retained by the Contractor to May 24, 2013 -64- City of Hermosa Beach perform a portion of the services under this Agreement, are and will be authorized to perform the services contemplated by this Agreement in full compliance with all applicable state and federal laws, rules and regulations. H. Scavenging, Code Enforcement. Contractor shall train full time employees working in the City to work with local law and code enforcement to assist, and/or receive direction from, City to write warnings, to educate scavengers and Residents about proper Recycling, and to monitor the streets in the morning hours. 4.6.5 Identification Required Contractor shall provide its employees, companies and subcontractors who may make personal contact with residents or businesses in City with identification. City may require Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a list of current employees, companies, and subcontractors to City upon request. City reserves the right to perform a security and identification check through the City’s Police Department on the Contractor and all their present and future employees employed by Contractor to work in the City, in accordance with accepted procedures established by City, or for probable cause. 4.6.6 Fees and Gratuities Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to accept or request, solicit or demand, either directly or indirectly, any compensation or gratuity for services authorized to be performed under this Agreement except as described in this Agreement, in accordance with Exhibit 2 as updated and approved by City throughout the Term of the Agreement. 4.6.7 Non-Discrimination Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap or medical condition in violation of any applicable federal or Solid Waste law. May 24, 2013 -65- City of Hermosa Beach 4.6.8 Routing and Coordination With Street Sweeping Services Contractor shall provide all routes and route schedules to the City and work with the City to resolve conflicts with street sweeping schedules. 4.6.9 Report of Accumulation of Solid Waste; Unauthorized Dumping Contractor shall direct its drivers to note (a) the addresses of any Premises at which they observe that Solid Waste is accumulating and is not being delivered for Collection; and (b) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within one (1) working day of such observation. 4.6.10 Municipal Separate Storm Sewer System Protection Contractor shall conduct all aspects of work in accordance with municipal codes in a manner that prevents the discharge of non-stormwater and minimizes the discharge of pollutants in stormwater to the municipal separate storm sewer system (MS4) which includes paved streets, driveways, alleys, gutters, ditches, manmade channels, catch basins, yard or area drains connected to the street, etc. Any discharge that would result in or contribute to a violation of the Municipal Separate Storm Sewer System (MS4) NPDES permit, Order No. 01-182 and any subsequent amendments or reissued permit by the Los Angeles Regional Water Quality Control Board (Regional Board) is prohibited in accordance with the federal Clean Water Act. Liability for any such discharge including penalties levied by the Los Angeles Regional Water Quality Control Board shall be the responsibility of the contractor whose personnel caused or were responsible for the discharge. All non-storm water discharges to the MS4 are prohibited unless specifically exempted by the MS4 NPDES Permit or by the Regional Board Executive Officer. 4.7 Transportation of Solid Waste Contractor shall transport all Solid Waste Collected to an approved Facility per Section 4.8 (e.g. Transfer Station, waste-to-energy Facility, Green Waste Processing Facility, MRF, Disposal Site). May 24, 2013 -66- City of Hermosa Beach Contractor shall maintain accurate records of the quantities of Solid Waste transported to all Facilities utilized and will cooperate with City in any audits or investigations of such quantities. Contractor shall cooperate with the operator of any Facility it uses with regard to operations therein, including, for example, complying with directions from the operator to unload Collection vehicles in designated areas, accommodating maintenance operations and construction of new facilities, cooperating with its Hazardous Waste exclusion program, and so forth. 4.8 Approved Facilities The approved Disposal Site for non-diverted Solid Waste is the Chiquita Canyon Landfill, Sunshine Canyon Landfill, El Sobrante Landfill and/or Puente Hills Landfill. Contractor must receive written advance approval from City to use each Transfer Station, Transformation Facility, processing Facility or other Facility used by Contractor in the fulfillment of this Agreement. Contractor is responsible for ensuring that each Facility it uses is properly permitted prior to requesting City approval to use such Facility. Unless and until the City instructs otherwise, the designated Disposal Site and other Facilities are: Athens Services Transfer Facility and MRF (City of Industry), Potential Industries (Wilmington), Chiquita Canyon Landfill (Castaic), Sunshine Canyon Landfill (Sylmar), El Sobrante Landfill (Corona), Puente Hills Landfill in Whittier, California Waste Systems (Gardena), Commerce Refuse-to-Energy (Commerce), Southeast Resource Recovery Facility or “SERRF” (Long Beach), Waste Resources Recovery (Gardena), Edco Recycling and Transfer (Signal Hill), and San Bernardino County Solid Waste Disposal sites. 4.9 Status of Disposal Site Any Disposal Site utilized by Contractor shall be designed and constructed in accordance with 23 California Code of Regulations Section 2510 et seq. ("Subchapter 15"). Any such landfill must have been issued all permits from federal, state, regional, county and City agencies necessary for it to operate as a Class III Sanitary Landfill and is in full regulatory compliance with all such permits. May 24, 2013 -67- City of Hermosa Beach 4.10 Dedicated Routes Solid Waste Collected in the City may not be commingled in Collection vehicles with Solid Waste from other jurisdictions, unless the City approves in writing of the specific commingled routes and the tonnage allocation method to be used. 4.11 Service Exceptions; Hazardous Waste Notifications A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste service recipient, Contractor shall notify the service recipient in writing, at the time Collection is not made, through the use of a “red tag” or otherwise, of the reasons why the Collection was not made. B. Hazardous Waste Inspection and Reporting. Contractor reserves the right to inspect Solid Waste put out for Collection and to reject Solid Waste observed to be contaminated with Hazardous Waste, and the right not to Collect Hazardous Waste put out with Solid Waste. Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Hazardous Waste, found or observed in Solid Waste anywhere within City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify City Manager. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Hazardous Waste that may come into their possession. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Solid Waste and which was inadvertently Collected from service recipients within City, but diverted from landfilling. 4.12 Downtown Compactor Facility Development City shall build a Downtown Compactor Facility that, at a minimum, is a permanent, fully contained facility with utilities located in City Parking Lot A to contain the Downtown Compactor(s) and facilities required to provide solid waste services to the May 24, 2013 -68- City of Hermosa Beach Downtown Compactor Facility Service Area in compliance with regulatory requirements. Contractor shall reimburse City the costs of designing and building the Facility, estimated to be approximately $130,000; provided that, if the City builds public restrooms at the facility, Contractor shall only be responsible for paying the costs associated with the Downtown Compactor Facility and not the public restrooms. Contractor shall reimburse City within 30 days of receipt of a written invoice from City. Failure to pay City in a timely manner shall be a material breach of this agreement. Alternatively, should the City elect not to include public restrooms in the facility, City shall have the right to assign the Contractor the responsibility for building the Facility in accordance with specifications approved by the City. In such event, Contractor shall pay prevailing wage rates in accordance with the California Labor Code. Contractor shall convey title to the facility to the City upon completion and acceptance by City. Contractor shall operate, maintain and be responsible for the Downtown Compactor Facility throughout the Term of this Agreement, including without limitation the same cleaning obligations as described for enclosure cleaning in Section 4.1.14. City shall have no obligations with respect to the Downtown Facility throughout the Term of this Agreement, provided that the City shall be responsible for maintaining and cleaning any public restrooms constructed at the Facility. Contractor shall provide all necessary utility services to the Downtown Compactor Facility and, if Contr actor builds the Facility, shall be responsible for obtaining all necessary approvals and permits to construct Facility. The City hereby grants Contractor a revocable license to enter and use the Facility Premises for the sole purpose of constructing, maintaining and operating the Downtown Compactor and Downtown Compactor Facility at the Facility Premises and to the specifications specified above and as required by the City for the Term of this Agreement. Upon expiration of termination of this Agreement, this license shall automatically become null and void, shall be of no further force and effect. Contractor may amortize the cost to construct the Downtown Compactor Facility over a twenty (20) year period and pass those costs through to the participating businesses in the Downtown Compactor Facility Service Area in proportion to the service levels of each of those participant businesses through the business’ monthly billing statement. Any amount of the amortized pass-through costs outstanding at the time this Agreement terminates or expires may be assigned to the City’s subsequent Collection contractor. City shall require the subsequent Collection contractor to reimburse May 24, 2013 -69- City of Hermosa Beach Contractor in a lump sum any remaining as yet unreimbursed construction costs. In no event shall the City be responsible for paying the Downtown Compactor Facility construction costs, or any other costs associated with Downtown Compactor Facility maintenance or operation. May 24, 2013 -70- City of Hermosa Beach ARTICLE 5 OTHER SERVICES 5.1 Customer Service 5.1.1 Local Office, Response Time Contractor shall maintain an office within City limits, for the term of the Agreement, staffed and open for Customers, at a minimum, from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Contractor shall staff a toll-free telephone line to assist Customers from 7:00 a.m. to 6:00 p.m. Monday through Friday; a representative or an answering service shall be available from 8:00 a.m. to 5:00 p.m. on Saturday; a representative, an answering service or answering machine shall be available during all other hours. As an enhancement to the above requirements during certain hours, Contractor shall provide a live operator (not an automated menu leading to a representative) from 7:00 a.m. to 5:00 p.m. Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday. Calls received by answering service or machine shall be responded to by the next business day. Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not voice-mail. Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days and Customers must be reasonably able to reach Contractor by telephone during these hours. Contractor shall record Customer complaints regarding Customer service personnel in accordance with Section 5.1.2. Customer service representatives receiving multiple complaints are to be transferred from Customer service duties or, with City approval, disciplined and appropriately trained. Contractor shall be required to direct all Customers to Contractor’s offices in all public outreach, including its website. Should Customers first contact City, Contractor shall pay for any extra costs associated with establishing a means of forwarding Solid Waste- related calls directly to Contractor without the need for Customers to re-dial. May 24, 2013 -71- City of Hermosa Beach 5.1.2 Complaint Documentation Service complaints received by City shall be directed to Contractor. Contractor shall keep daily logs of complaints forwarded to it for a minimum of three (3) years. Contractor shall log all complaints received, and said log shall include the date and time the complaint was received, the name, address and telephone number of the caller/complainant, a description of the complaint, the name of the employee recording the complaint and the action taken by Contractor to respond to and remedy the complaint. Log shall also include each instance that Solid Waste and/or Recyclables are not Collected, the form of notification used to inform the participants of the reasons for non-Collection, and the end result or means of resolution of the incident. All written Customer complaints and inquiries shall be date-stamped when received. All complaints shall be initially responded to within one (1) business day of receipt, except missed pickups, which shall be addressed within the time frame described in 4.6.1.3. Contractor shall use best efforts to resolve complaints within two (2) business days. Contractor shall log action taken by Contractor to respond to and remedy the complaint. All Customer service records and logs kept by Contractor shall be available to City upon request. Contractor shall supply compliant log to City on a quarterly basis. City shall, at any time during regular Office Hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints. 5.1.3 Resolution of Customer Complaints Disputes between Contractor and Customers regarding the services provided in accordance with this Agreement may be resolved by City Manager. City Manager’s decision shall be final and binding. Intervention by City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor. May 24, 2013 -72- City of Hermosa Beach 5.1.4 Service Liaison/Route Supervisor Contractor shall designate in writing a field supervisor as “Service Liaison” who shall be responsible for working with City and/or City's designated representative(s) to resolve Customer service related complaints. City shall have the right to approve the Contractor’s choice for a liaison. City shall be notified in advance of any change in Service Liaison. Service Liaison shall devote a minimum of 50% of his/her time to working with the City of Hermosa Beach, and 100% of his/her time to working in the South Bay. For at least the first 90 days of service, Contractor shall devote two Service Liaisons (route supervisors) to the City 100% of the time. 5.2 Education and Public Awareness 5.2.1 General Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve the requirements of AB 939. Accordingly, Contractor agrees to take direction from City to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and Recycle Solid Waste, and to cooperate fully with City in this regard. Contractor shall maintain its own program of providing information relevant to needs and methods to reduce, reuse and Recycle Solid Waste with its Bills. All public education materials shall be approved in advance by City and shall be printed in English and Spanish. 5.2.2 Implementation and On-going Education Requirements In order to promote public education, in addition to any other materials it develops, Contractor shall create the following public education materials and programs at Contractor expense, subject to City approval and input, which will be distributed as indicated below. All of these materials and programs shall be produced and/or available in English and Spanish languages, including pictures wherever applicable. All brochures, mailings, instructional “how-to” packets, and other educational materials are to be approved by City in advance of distribution. A public education plan shall be submitted to City for review within sixty (60) days of the execution of this Agreement. This plan shall address the items described in this section. May 24, 2013 -73- City of Hermosa Beach • Initial Mailing – At least forty-five (45) days prior to the start of Collection service under this Agreement, Contractor will prepare and mail an initial mailing to all Customers explaining the transition from the existing Solid Waste Handling Service program to the new program as defined by this Agreement. The mailing will describe program changes, route changes if any, dates of program implementation, Recycling and Diversion programs available, and other pertinent information. • Instructional “How-to” Packets – An information packet shall be provided to each Customer at the start of service under this Agreement and to each new Customer throughout the Agreement term. This packet shall: describe available services, including available Recycling and Diversion programs and their benefits; provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection, the types of materials to be placed in each Cart); detail holiday Collection schedules; and provide Billing and Customer service telephone numbers. This packet will contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or Billing questions, and for Bulky Item pickups. The packet should also clearly indicate what materials, such as syringes and other HHW, should not be disposed of in these Containers. This brochure shall include instructions on how Customers should dispose of HHW and Sharps, such as information on the HHW drop-off facilities, Sharps program, and other available programs. • Public Outreach Pieces – Not less than twice per year during each Rate Year at Contractor’s cost, Contractor shall prepare and distribute to each Customer, either by mailing or as otherwise dictated by City a public education piece to update Customers regarding program basics, program changes, holiday schedules and other service related information. Mailings may promote and explain: all Solid Waste programs offered by City and Contractor (such as Recycling, Green Waste, holiday tree, Bulky Item Collections, annual HHW round-up) described in detail; the environmental, regulatory, and other benefits of participating in Recycling and waste minimization and reuse in general; how to properly dispose of Household Hazardous Waste such as syringes, paint, etc.; Collection schedules, including holiday schedules; Customers service numbers; or other information requested by City. May 24, 2013 -74- City of Hermosa Beach City shall determine the messages to be included in each piece and the format (brochure, door hanger, other), and shall have final approval over the pieces. • Article and Press Release Assistance – Contractor shall assist the City in preparing articles and press releases related to Solid Waste services and environmental issues upon City request. • Corrective Action “Red-Tag” Notice – Contractor shall develop a corrective action notification form, or “Red-Tag” notice, for use in instances where a Customer sets out inappropriate materials for Collection, that explains the appropriate manner for Disposal of such items. • Website – Contractor shall develop and maintain an interactive website to enable Customers to contact Contractor, and to display holiday schedules, Sharps program information, proper HHW disposal procedures, which materials are to be placed in Recycling Containers, and other useful information. • Twitter Account – Contractor shall maintain a Twitter account for the dissemination of information regarding environmental and local community news. Contractor shall offer social media consultation to any Hermosa Beach-based organization. 5.2.3 Contractor Representative Contractor shall retain on its staff an individual who shall, as part of his or her job function, routinely visit civic groups, school assemblies and science classes, homeowners’ associations, Multi-Family complexes and businesses, town hall-type outreach meetings, to promote and explain the Recycling programs Contractor offers, promote re-use and Recycling, and participate in demonstrations and civic events. 5.2.4 Community Events At the direction of City, Contractor shall participate in and promote Recycling and other Diversion techniques at community events including Earth Day, and other local activities. Such participation would normally include providing, without cost, Collection and educational and publicity information promoting the goals of City's Integrated Solid Waste Management program and give-a-ways promoting waste reduction and reuse, such as reusable bags. May 24, 2013 -75- City of Hermosa Beach If requested by City, Contractor shall conduct community disaster and emergency preparedness classes for all residents at Contractor’s expense. Contractor will assist conducting and promoting community recycling drives, partnering with the City, non- profit organizations, businesses, the Chamber of Commerce and other organizations, and providing staff, containers, and container transportation for use at the events. 5.2.5 School Outreach At no additional cost, Contractor shall contact all K-12 public schools in the City of Hermosa Beach at least once per school year to offer to conduct assemblies, and to prepare and provide classroom materials (not curriculum), to educate students regarding Recycling and other Solid Waste-related topics. Materials provided shall be in sufficient quantities to service all classrooms and students for which materials are requested, and shall be subject to City approval. Contactor shall provide in-classroom and on-campus Recycling Containers at no cost to schools or City. 5.2.6 Business Outreach Contractor shall conduct a program to recognize businesses making positive environmental efforts and participating in Recycling programs. Awards will be presented annually at an annual event, Council meeting or award ceremony to be mutually agreed upon by City and Contactor, Contractor shall provide selected companies with an award to be mutually agreed upon by City and Contractor. Contractor will provide business managers with promotional information, flyers and instructional posters made from recycled paper and labeled “Made from Recycled Paper” to implement a comprehensive waste reduction and recycling program, including information on what cannot be placed in the recycling container (i.e.: HHW). Contractor shall develop a comprehensive program to promote the following: • Reduce solid waste disposal and promote recycling; • Become energy and water efficient; • Purchase products that are less harmful to human health and the environment; • Minimize pollution contributions; • Help improve indoor air quality and reduce smog formation; and, May 24, 2013 -76- City of Hermosa Beach • Educate businesses and their customers and employees about green business practices. Contractor shall provide initial and on-going consultation and support to businesses who request it to assist in the development and continuation of their business’ waste reduction and recycling programs. 5.2.7 Multi-Family Outreach Contractor will provide all property managers and Residents with Bin service with Recycling program guidelines, posters to be placed in laundry rooms, Refuse/Recyclable Container enclosures and other community areas at each building, and other outreach materials tailored to Multi-Family Bin Customer service. When contacting Multi-Family Customer building owner or property manager in accordance with Section 4.2.2, Contractor shall provide educational materials, and offer training to owner/manager in how to work with tenants to Recycle. Contractor shall provide each building owner and property manager with welcome packets for owner/manager to provide to each new resident upon move-in; packets will include information on what should be placed in the recyclables containers. 5.2.8 Facility Tours Upon thirty (30) days’ notice, Contractor shall provide City Customers and organizations tours of its Recycling and other Solid Waste facilities at no cost to City, Customers or organizations. Such tours shall not unreasonably disrupt facility operation. City shall not be charged for labor, overhead, overtime, or any other costs associated with such tours. As part of such tours, Contractor shall distribute an educational brochure, printed on recycled paper, on conservation, Recycling, and general Solid Waste management programs. 5.2.9 Free Mailing of City Materials Contractor will include in its Billing statements, at no charge to City, a City-generated semi-annual waste and recycling insert, and/or any other mailing inserts provided by City. Such material may be included on a quarterly basis at City’s request. These mailings are in addition to any other Contractor public education and distribution requirements under this Agreement. May 24, 2013 -77- City of Hermosa Beach 5.2.10 Mighty Mike Mascot Contractor shall provide its Mighty Mike mascot truck at City-sponsored events at no additional charge for community events. Truck should be requested by the City 30 days in advance from Contractor’s Route Supervisor, Operations Manager or General Manager, and the truck will be tailored to fit the theme of the event. Contractor shall be responsible for delivery, display and demonstration of the vehicle throughout the course of the events, removal, and any other associated costs of providing this truck for such events. 5.2.11 Presentations to City Council Contractor, on request, shall present to the City Council updates on changing Solid Waste-related regulations and technologies and their potential impact on the City. 5.2.12 Guest Speaker and Writing Assistance City may require Contractor to provide guest speakers at community events and assistance with drafting written materials, such as articles and press releases, for Solid Waste-related topics. 5.3 Waste Generation/Characterization Studies Contractor acknowledges that City must perform Solid Waste generation and Disposal characterization studies periodically to comply with the requirements of AB 939. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed and directed by City, to determine weights and volumes of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted or otherwise handled/processed, by Customer type (Single Family, Multi-Family, Commercial), to satisfy the requirements of AB 939 and the City’s sustainability and environmental objectives. Contractor will at its sole expense conduct such a waste generation and characterization study upon request of City, but not more than once every two (2) years. 5.4 Community Support Contractor shall support the following events: Sunset Concerts – through annual sponsorship May 24, 2013 -78- City of Hermosa Beach Fiesta Hermosa – through annual sponsorship and through providing employee volunteers at event Hermosa Beach Murals Project – Corporate membership contribution of $1,000 Hermosa Beach Education Foundation – Contractor shall match contributions to this foundation made by any Contractor employee, provide four $500 scholarships per year, and provide volunteer hours for foundation events. Hermosa Beach Historical Society – Business membership of $50 Hermosa Beach Sister Cities – Corporate membership of $250 Hermosa Beach Friends of the Library – Annual donation of $500 Hermosa Beach Friends of the Park – Annual donation of $500 Other non-profit organizations – Additional $10,000 (funding or in-kind services) to be distributed to organizations as directed by the City. 5.6 Neighborhood Safety Watch Contractor shall specially train drivers to recognize and report potentially dangerous, criminal, unusual or suspicious situations to local law enforcement. May 24, 2013 -79- City of Hermosa Beach ARTICLE 6 CONTRACTOR COMPENSATION AND RATES 6.1 General The maximum rates set forth in Exhibit 2, and as more fully defined as Contractor Compensation in this Article, shall be the maximum amount that Contractor may charge Customers, as full, entire and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, City fees, taxes, insurance, bonds, letters of credit, overhead, Disposal, transfer, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. Contractor shall impose no other charges for services provided to Customers unless approved by the City Manager. 6.2 Initial Rates The maximum rates that Contractor may charge Customers from July 1, 2013 through June 30, 2014, shall not exceed the maximum rates set forth in Exhibit 2. 6.3 Schedule of Future Adjustments 6.3.1 Request Submittal Beginning with the Rate Year starting July 1, 2014 and ending on June 30, 2015, and for all subsequent Rate Years, Contractor may request an annual adjustment to the maximum rates shown in Exhibit 2. The Contractor shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March 1, and shall be based on the method of adjustment described in Section 6.4. Failure to submit a written request by March 1 shall result in Contractor waiving the right to request such an increase for the subsequent Rate Year. 6.3.2 Approval Process Annual adjustment to the maximum rates calculated in accordance with Section 6.4 is subject to the approval of the City Manager, with any other adjustments subject to approval of City Council. If a rate adjustment requested per this Section 6.3 is determined by the City to be accurately calculated in accordance with Agreement May 24, 2013 -80- City of Hermosa Beach procedures, and would otherwise have been approved by the City Council, but is prevented from implementation due to a protest under Proposition 218, then Contractor is permitted to terminate this Agreement upon 24-month written notice to City, but shall not be entitled to compensation from City or Customers for lost revenue due to the Proposition 218 protest. 6.4 Method of Adjustments 6.4.1 General Pursuant to Section 6.3, Contractor may request an adjustment to the maximum rates according to the method described below, subject to review and approval of City. All future adjustments approved under Sections 6.3 and 6.4 are to be effective July 1. (Note that the following rate adjustment formulas shall apply to the rates net of AB 939 fee, as AB 939 fees are adjusted in accordance with Section 3.6.) 6.4.2 Cost Components for Rate Adjustment Indices The approved Company Compensation consists of the following cost component categories. Each cost component may be adjusted by the change in the corresponding index below. See Section 6.4.3 for detailed Company Compensation adjustment procedures. May 24, 2013 -81- City of Hermosa Beach (1) If an index is discontinued, an alternative index must be approved by the City Manager. 6.4.3 Rate Adjustment Steps Cart, Can, and Bin Rates Bin, Can, and Cart rates will be adjusted using the cost component weightings identified above for Bin, Can, and Cart rates as described below. See Exhibit 3A. Step One – Calculate the percentage increase or decrease in each index listed in Section 6.4.2. The increase or decrease in the published indices for labor, fuel, equipment, disposal and all other (CPI) will be the change in the average annual published index between the 12-months ended the September prior to the Rate Year anniversary date and prior 12-month average (See Exhibit 3C). Step Two – The first rate adjustment cost components as a percentage of total costs are provided in Section 6.4.2 above, with subsequent components calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment. Bin/Cart/ Can/COD Roll-Off Box Pull Rate Labor 25%41% Employment Cost Index CIU20100005200000I, Total compensation, Private industry, Index number, Transportation and material moving Fuel 5%18% Producer Price Index WPU 0531, Not seasonally adjusted, Fuels and related products and power, natural gas Equipment 13%13% Producer Price Index, PCU336120336120, Heavy duty truck manufacturing Processing/ Disposal 27%n/a Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), all items less food and energy index – U.S. city average or 5%, whichever is lower All Other 30%28% Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), all items less food and energy index – U.S. city average Total 100%100% Rate Adjustment Factor (1)Cost Category Initial Weightings May 24, 2013 -82- City of Hermosa Beach Multiply the percentage changes for each rate adjustment component by that component’s weighting and add these resulting percentages together to get the total weighted change to the rates. If this percentage change exceeds 5%, the change shall be capped at 5%. Step Three – Multiply the total weighted percent change from Step Two by the existing Customer rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. Step Four – Recalculate weightings for the following year based upon these changes. “Pull Plus Dump” Roll-Off Box Rates Roll-Off Box pull rates (excluding disposal-inclusive COD rates) will be adjusted using the same methodology above, with the weightings identified above for Roll-Off Pulls. The 5% cap on annual increases as described in Step 2 applies as well. The per ton Roll- Off Box Refuse Disposal rate shall adjust based upon the change in the disposal component of the rates (per the rate adjustment factor in Section 6.4.2). See Exhibit 3B. 6.4.4 Green Waste Rate Adjustment Upon Closure of Puente Hills The Residential Green Waste Cart rates for services provided under Section 4.3.1 shall increase by $0.30 per Cart per month upon the closure of Puente Hills Landfill, provided Contractor then transports material Collected on the Green Waste Cart route to Company’s American Organics facility in Victorville for composting. At this point , Food Waste will be permitted to be added to the Green Waste Carts for composting at no additional cost. This increase is the only compensation adjustment granted for the landfill closure and/or use of an alternative Green Waste facility. 6.5 Extraordinary Adjustments Contractor may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this Agreement. Extraordinary rate adjustments may be requested no more than once per year. Reasons for such extraordinary rate adjustment requests shall not include changes in Recyclable Material or Green Waste tipping fees or processing costs, changes in transformation costs, changes in the market value of Recyclables from the values assumed in Contractor's May 24, 2013 -83- City of Hermosa Beach Proposal, inaccurate estimates by the Contractor of its proposed cost of operations, unionization of Contractor’s work force, or change in wage rates or employee benefits. Contractor may request an extraordinary adjustment based upon changes in a direct per ton fee assessed at the Disposal Site by federal, state or local regulatory agencies after the Effective Date. Extraordinary rate adjustments shall only be effective after approval by City Council and may not be applied retroactively. Should any such adjustment require a Proposition 218 hearing, Contractor shall bear all costs. For each request for an adjustment to the maximum rates that Contractor may charge Customers brought pursuant to this section, Contractor shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total revenues have changed over the past three (3) years for the services provided under this Agreement. City may request a copy of the Contractor’s annual financial statements in connection with the City’s review of Contractor’s rate adjustment request. City shall review t he Contractor’s request and, in City’s sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. City may consider increases or decreases in the Contractor’s total revenues and total cost of services when reviewing an extraordinary rate adjustment request. 6.6 Redelivery/Return Trip Fee Contractor may charge a fee, per the approved rate schedule, in the event that Contractor arrives on time for a scheduled Collection of Bins or Roll-off Boxes, is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to issues within the Customer’s control, and Contractor must return a second time for Collection. Charge may be assessed for the trip, not per Bin or Roll-off Box, in the event of a Customer with multiple Bins or Roll-off Boxes. In event of dispute between Contractor and Customer over application of this fee, City Manager shall resolve the dispute. May 24, 2013 -84- City of Hermosa Beach 6.7 Customer Billing and Contractor Compensation 6.7.1 Residential Customers Receiving Individual-Unit Service Contractor shall Bill individually-serviced Residential Customers quarterly, no sooner than the first day of the quarter for which services are being Billed. Contractor assumes the risk of non-payment. 6.7.2 Permanent Bin and Roll-Off Box Customers Contactor shall Bill permanent Bin and Roll-Off Box Customers monthly, no sooner than the first day of the month for which service is being Billed, with payment due no sooner than thirty (30) days after the invoice date. Contractor assumes the risk of non- payment by Bin Customers. 6.7.3 Temporary Services Billing Contractor shall Bill for temporary Roll-off Box and Bin services, and other special charges, as permitted in Exhibit 2. For established Commercial accounts, Contractor shall Bill monthly, no sooner than the first day of service, and require payment no sooner than thirty (30) days from the start of the service period Billed for. For Customers without an established, on-going service accounts, Contractor will accept major credit cards for payment. Such Customers who do not use credit cards may be required by the Contractor to post a security deposit or to pay on a “Cash on Delivery” (C.O.D.) basis. Any unused portion of a security deposit will be refunded to the Customer within five (5) business days of the termination of service. 6.7.4 Contractor’s Invoices All Bills must include service description, including Container size, frequency of service, any special services (such as scout or push-out service), and period billed for. City must approve Contractor Billings as to content and format of invoice. All Bills must carry a due date, not “due upon receipt.” Bills will not separately itemize City fees, surcharges, disposal components or other breakdown of rates without advance written approval from City. Bills shall include Contractor’s telephone number for Billing and service inquiries. May 24, 2013 -85- City of Hermosa Beach 6.7.5 Billing Disputes If any Customer disputes a Billing statement provided by Contractor, Contractor shall provide notice thereof to the City Manager, with a copy of the Billing invoice and the nature of the dispute (including copies of any correspondence from the Customer). Contractor shall use its best efforts to resolve such disputes within seven (7) days of receipt of notice from the Customer of such dispute. If such dispute cannot be mutually resolved by the Contractor and the Customer within such seven (7) day period, the dispute will be submitted to the City Manager for binding dispute resolution. Contractor acknowledges that the determination of the City Manager relating to such dispute shall be final and un-appealable. 6.7.6 Delinquent Accounts Contractor shall be responsible for collecting unpaid Customer Billings, subject to limitations under this section. City will assist the Contractor with collections by putting delinquencies on the County property tax roll after the delinquency notes have been delivered, but is not liable for any bad debt. Residential Cart/Can Service For late payments, Contractor shall follow procedures below: 1. The first delinquency notice may be sent with the subsequent quarterly Billing, with a copy sent to the City Manager. A 10% late payment fee may be added to the outstanding, late balance. 2. The second delinquency notice may be sent no sooner than thirty (30) days following the first notice, with a copy sent to the City Manager. A second 10% late payment fee may be added to the outstanding, late balance. Bin, Commercial Cart/Can and Roll-Off Box Service 1. The first delinquency notice may be sent with the subsequent monthly Billing, with a copy to the City Manager. A 10% late payment fee may be added to the outstanding, late balance. May 24, 2013 -86- City of Hermosa Beach 2. The second delinquency notice may be sent thirty (30) days after the first, warning that service may be suspended, with a copy to the City Manager. A second 10% late payment fee may be added to the outstanding, late balance. 3. Anytime following the second delinquency notice, Contractor shall send a notice warning that service will be suspended within seven (7) days, with copy to City Manager. Contractor may suspend service after seven (7) days with written City approval. City may prohibit suspension of service to Residential Cart/Can Customers, and may request that service be continued or resumed for delinquent Residential Bin Customers on a case-by-case basis due to code enforcement issues; in such cases, City shall not be liable to Contractor for service costs not recovered by Contractor. 6.7.7 Customer Billing Adjustments Should Contractor determine that Contractor has under-billed a Customer, or Customers, Contractor may back-Bill for no more than six (6) months. If it is determined by the City Manager that the under-billing was entirely due to an error or omission on the part of the impacted Customer, Contractor may request authority from the City Manager to back-bill longer than six months. Reimbursements to Customers for overbilling are not limited. If Contractor Bills Customers for any service charges not on the City-approved rate schedule, or not otherwise approved in writing by the City, such charges shall be refunded to Customers at City request. 6.7.8 Exemption from Service Residents may request a temporary exemption from service due to non-occupancy, construction, documentation of self-hauled Disposal, or other reasons as set forth in the Hermosa Beach Municipal Code. Contractor shall be responsible for administering exemption procedures, pursuant to the requirements in the Hermosa Beach Municipal Code. City may provide or revise Contractor guidelines to exempt properties from receiving, and paying Contractor for, Solid Waste Collection service. Exempt properties may include vacant or unoccupied properties, or properties in which owners can document alternative means of self-haul Disposal. May 24, 2013 -87- City of Hermosa Beach 6.7.9 Active Military Rate Reductions Contractor shall provide a 25% rate reduction to monthly Residential Cart rates for active members of the military. As active military may be stationed away from home for periods of time, this rate reduction would apply to the property so long as the military member maintains the property as his or her permanent residence. The City Manager shall make the final determination as to permanent residence status based on evidence provided by person requesting discount 6.7.10 Senior Low-Income Rate Reduction Contractor shall provide a 10% rate reduction to seniors sixty-two years of age or older that meet the criteria for low-income rate reductions offered by local utility companies, including California Alternative Rates for Energy, or CARE, and meet the following criteria. Qualifying Customer shall subscribe to Cart Collection service with Refuse Cart sizes of 35- to 96-gallons. (The 20-gallon Refuse Cart service rate is considered a reduced rate without further reduction.) Qualifying Customer shall be the head of the household with the Solid Waste Collection account in his/her name and shall reside in the applicable home. The discount is not applicable to Landlords or Bin Customers. Contractor shall be solely responsible for administering this rate reduction program. If Parties dispute the applicability of the rate reduction, the City Manager may, but is not obligated to, make a final determination as to applicability. May 24, 2013 -88- City of Hermosa Beach ARTICLE 7 REVIEW OF SERVICES AND PERFORMANCE 7.1 Performance Review Meeting City may hold a meeting or a public hearing annually to review Contractor’s Solid Waste Collection efforts, source reduction, processing and other Diversion services and overall performance under this Agreement (the “Solid Waste Services and Performance Review Meeting”). The purpose of the Solid Waste Services and Performance Review Meeting is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided by Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Meeting shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints, results of route audits, and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Meeting. City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Meeting at least sixty (60) days in advance thereof. Thirty (30) days after receiving notice from City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report to City which may contain such information as it wished to have considered, and shall contain the following: a) Current Diversion rates and a report on Contractor’s outreach activities for the past year. b) Recommended changes and/or new services to improve City's ability to meet waste diversion goals and to contain costs and minimize impacts on rates. A specific plan for compliance with State diversion goals shall be included. c) Any specific plans for provision of new or changed services by Contractor. May 24, 2013 -89- City of Hermosa Beach The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor’s performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Meeting. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Meeting, and any Customer may submit comments or complaints during or before the Meeting, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Meeting. As a result of its findings following any Solid Waste Services and Performance Review Meeting, City may require Contractor to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies (although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to the terms hereof.) Should City require expanded or new services as a remedy for Contractor’s failure to perform its obligations hereunder, no additional compensation shall be due for such services. Otherwise, any new or expanded services required of Contractor shall be subject to the provisions of Section 2.10. 7.2 Performance Satisfaction Survey If requested by the City, Contractor will create and conduct a survey at Contractor’s expense in preparation for any Solid Waste Services and Performance Review Meeting held pursuant to Section 7.1. City shall notify Contractor of its desire for such a survey at least ninety (90) days in advance of the Solid Waste Services and Performance Review Meeting. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by Contractor. The Survey will be distributed to a minimum of five percent (5%) of the Residential Customers and ten percent (10%) of the Commercial Customers, selected at random. City may instruct Contractor to send out separate Single Family and Multi-Family/Commercial surveys. Contractor shall obtain City’s approval of each survey’s content, format, and mailing list prior to its distribution. City may require that Contractor have Customer responses to the survey returned directly to City. The survey results shall be made available to the City thirty (30) days prior to the Solid Waste Services and Performance Review Meeting. May 24, 2013 -90- City of Hermosa Beach 7.3 Route Audit Once during the first year, and thereafter at City request (but not more frequently than once per year), Contractor shall conduct an audit of its Residential and/or Commercial Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. In setting these audit dates, City will establish due dates for Contractor providing routing and account information, and later, the report, to City. The route audit, at minimum, shall consist of an independent physical observation by person(s) other than the route driver of each Customer in City. This person(s) is to be approved in advance by City. The route audit information shall include, as a minimum, the following information for each account: For Residential Cart Customers (Residential Route Audit): Route number; Truck number; Number and size of Carts by waste stream (Refuse, Recycling, Green Waste); Service address; and, Cart condition. For Residential Bin, Commercial Bin and Cart, and permanent Roll-off Customers (Commercial Route Audit): Route number; Truck number; Account name; Account number; Account service address; Account type (Residential, Commercial, Roll-off); May 24, 2013 -91- City of Hermosa Beach Service level per Contractor Billing system (quantity, size, frequency); Observed Containers (quantity and size). Container condition; Proper signage; and, Graffiti. Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit. This summary shall include: Identification of the routes; Route map; Truck numbers; Number of accounts, by route and in total (Residential, Commercial and Roll-off Box); Confirmation that all routes are dedicated exclusively to City Customers, or that the tonnage allocation methodology has been approved by the City; Number and type of exceptions observed; Total monthly service charge (Residential, Commercial and Roll-off Box), pre-audit; and, Total monthly service charge (Residential, Commercial and Roll-off Box), post-audit (subsequent to corrections of identified exceptions). The report shall include a description of the procedures followed to complete the route audit. This description shall include the names and titles of those supervising the route audits and the names and titles of those performing the observations. The report shall also include a description of the changes and Contractor’s plans to resolve the exceptions. The results of the audit, and supporting back-up data, shall be available for review by City or its representative and shall be made available in an electronic or printed format. May 24, 2013 -92- City of Hermosa Beach ARTICLE 8 RECORDS, REPORTS AND INFORMATION REQUIREMENTS 8.1 General Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations, to meet the reporting and Solid Waste program management needs of City, and to evaluate progress on meeting the City’s sustainability and environmental objectives. To this extent, such requirements set out in this and other articles of this Agreement shall not be considered limiting or necessarily complete. In particular, this article is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. 8.2 Records 8.2.1 General Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data/records shall be protected and backed up to the satisfaction of the City. All records shall be maintained for five (5) years, and shall continue to be available for five (5) years after the expiration of this Agreement, except as otherwise provided in this Agreement. After minimum holding periods are met, Contractor will notify City ninety (90) days before destroying records. Contractor agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official May 24, 2013 -93- City of Hermosa Beach representatives during normal business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) years. City may review or utilize any of the records described in this section. Such records include, but are not limited to, financial, Solid Waste, CERCLA and Disposal records. 8.2.2 Financial Records Contractor shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations. Contractor shall maintain at least the following records: • Audited financial statements for Contractor or, if a guarantee was provided, for the parent company guarantor as a whole; • Financial statements (compiled, reviewed or audited) of revenue and expense for this Agreement segregated from the other operations of Contractor (including without limitation those operations of Contractor in City and surrounding jurisdictions which are not covered by this Agreement), including a description of segregation methodology; and, • Complete descriptions of related party transactions (corporate and/or regional management fees, intercompany profits from transfer, processing or Disposal operations). 8.2.3 Solid Waste Records Contractor shall maintain and make available to the City upon request the following records relating to its operations pursuant to this Agreement: a) Customer services and Billing/City payment records; b) Records of tons Collected, processed, diverted and Disposed by waste stream (Refuse, Recycling and Green Waste), by Customer type (Cart/Can, Residential Bin, Commercial and Roll-off Box), and the Facilities (Transfer Station, MRF, or landfill) where such material was taken (Residential Bin versus Commercial Bin tonnage may be estimated based upon Container distribution or other method approved by City); May 24, 2013 -94- City of Hermosa Beach c) Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939; d) Bulky Item and special event tonnages, including tons disposed and diverted; e) Routes; f) Facilities, equipment and personnel used; g) Facilities and equipment operations, maintenance and repair; h) Number and type of Refuse, Recycling and Green Waste Containers in service by container type (Cart, Can, Bin, Roll-Off Box) and size; i) Complaints; and, j) Missed pickups. 8.2.4 CERCLA Defense and Disposal Records The City views the ability to defend against CERCLA, State Hazardous Substance Law, and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be matters of concern. The Contractor shall maintain data retention and preservation systems that can establish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not landfilled) and provide a copy of disposal reports for twenty-five (25) years and the other reports required in Section 8.2.3 for five (5) years after the term during which Collection services are to be provided pursuant to this Agreement, or to provide copies of such records to the City. Contractor shall continue to retain records in accordance with Section 8.2.3 for five (5) years, and disposal records for twenty-five (25) years, after the term during which Collection services are to be provided pursuant to this Agreement. Contractor agrees to notify the City’s Risk Manager and the City Attorney at least ninety (90) days before destroying such records. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement. May 24, 2013 -95- City of Hermosa Beach 8.2.5 Other Programs' Records Records for other programs shall be tailored to specific needs. In general, they shall include: a) Plans, tasks, and milestones; and, b) Accomplishments in terms such as dates, activities conducted and numbers of participants and responses; and, c) Records relating to programs or other activities undertaken by Contractor pursuant to the Agreement that may help City to complete reporting related to the City’s sustainability and environmental objectives. 8.2.6 Audit City may conduct an audit of Contractor at any time. The scope of the audit and auditing party will be determined by City, and the scope may include, but is not limited to, compliance with terms of this Agreement, Customer service levels and Billing, fee payments, Gross Receipts, tonnage and verification of Diversion rate. Contractor will fund biennial audits. The first hauler-funded audit, to be performed following the 2014 fiscal year, will be based on the Contractor’s reports and records for fiscal year 2013/14. Contractor-funded audits will be performed every other year thereafter. Contractor will reimburse to the City the cost of such audits up to $80,000 for the first audit, and up to $50,000 for each subsequent biennial audit in 2014 dollars. The $50,000 amount in subsequent years shall be increased annually by the change in CPI identified in Section 6.4 as the change to the “all other” component. Should an audit conducted or authorized by the City disclose that fees payable by Contractor were underpaid by three percent (3%) or more, that tonnage was misreported by three percent (3%) or more, or that more than three percent (3%) of the Customers were inaccurately Billed based on the auditor’s sampling for the period under review, City may expand the scope of the audit and recover additional audit costs from the Contractor. May 24, 2013 -96- City of Hermosa Beach 8.2.7 Payments and Refunds Should an audit disclose that fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of fees and/or refund to Contractor's Customers or to City, as directed by City, any overcharges within thirty (30) days following the date of the audit; reimbursement to City or Customers for underpayments and overcharg es may be limited to three (3) years. Contractor credit for overpayment of City fees shall be limited to three (3) years. Contractor shall pay interest to the City for any underpayment or overcharges at an annual rate of twelve percent (12%). Undercharges shall not be billed in arrears for more than six (6) months of service, with any remaining undercharges absorbed by Contractor. Should an audit disclose that fees were overpaid, City may credit such amounts against future fees payable by Contractor or may select another method of reimbursement. 8.3 Reports 8.3.1 Report Formats and Schedule Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to submit all reports in an electronic format approved by City, compatible with City’s software/computers at no additional charge. Reports shall be submitted within thirty (30) calendar days after the end of the reporting period. Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within thirty (30) calendar days after the end of the fiscal year. If requested, Contractor’s complaint summary, described in Section 5.1.2, shall be sent to the City Manager within five (5) business days of request. All reports shall be submitted to: City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 May 24, 2013 -97- City of Hermosa Beach 8.3.2 Monthly Reports The information listed below shall be the minimum reported: a) Solid Waste Collected by Contractor, sorted by type of Solid Waste Collected and diverted (Refuse, Recycling and Green Waste) in tons (including contamination and Diversion rates for each waste stream and Customer type), Customer type (Cart/Can, Bin and Roll-off Box) and the Facilities where the tons were processed or Disposed. b) Warning notices issued for contaminated Refuse, Recyclable Materials and Green Waste Containers. c) Narrative summary of problems encountered and actions taken with recommendations for City, as appropriate. d) Description of Contractor outreach activities and copies of promotional and public education materials sent during the month. e) Other information or reports that City may reasonably request or require. Note: Monthly fee payment statement supporting calculation of monthly fees due per Article 3 shall be submitted separately, accompanying the fee payment. 8.3.3 Annual Report The annual report shall include: a) A summary of the number of Containers in service as of December 31 by size (number of gallons, number of yards), sector (Residential Cart, Residential Can, Commercial Cart, Commercial Can, Residential Bin, Commercial Bin and Roll-off Box), service frequency, and type of service (Refuse, Recycling and Green Waste). Identify which Containers represent free City services. b) Records of tons Collected, processed, diverted and disposed by waste stream (Refuse, Recycling and Green Waste), by Customer type (Cart/Can, Bin and Roll- off Box). c) Number of routes and route hours per day by type of service as of June 30. d) General information about the Contractor and its most recent annual report. e) Other information or reports that City may reasonably request or require. May 24, 2013 -98- City of Hermosa Beach f) Gross annual Billings by service sector (Cart/Can, Bin and Roll-off Box). 8.3.4 Financial Report The City may, at City’s option, request and be provided with Contractor's financial reports/statements for the most recently completed fiscal year in connection with any audit, extraordinary rate adjustment request, or verification of other information required under this Agreement. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (“GAAP”) and audited, in accordance with Generally Accepted Auditing Standards (“GAAS”), by a certified public accountant (“CPA”) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost of preparation of the financial statements and audit shall be borne by Contractor as a direct cost of service. In addition to the above audited financial statements, Contractor shall provide to City the supplemental schedule of results of operations in the City on a compiled basis. The supplemental schedule will show Contractor’s specific revenues and expenses in connection with the operations provided for in this Agreement, separated from operations in other geographical areas. The supplemental schedule need not be audited and may be internally prepared; however, the total results of Contractor’s operations per the supplemental schedule must agree to the audited financial statements. 8.4 Reporting Adverse Information Contractor shall provide City two (2) copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, notices of violation, communications or other material relating in any way to Contractor’s performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City within thirty (30) days of receipt by Contractor, or sooner if reasonably apparent that to do so is materially relevant; any responses by Contractor shall be submitted to City simultaneously with Contractor’s filing or submission of such matters with said agencies. Contractor’s routine correspondence to said agencies need not be routinely May 24, 2013 -99- City of Hermosa Beach submitted to City, but shall be made available to City promptly upon City’s written request. 8.5 Right to Inspect Records City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its Affiliates that City shall deem, in its sole discretion, necessary to evaluate annual reports, and Contractor's performance provided for in this Agreement. Contractor shall make all records and documents to be reviewed and inspected by City as a part of any audit or other record review conducted by City, available for City’s review, inspection and copying within five (5) days of receiving written notice from City requesting the same. 8.6 Failure to Report The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement as described in Section 11.1 and shall subject Contractor to all remedies which are available to the City under Agreement or otherwise. May 24, 2013 -100- City of Hermosa Beach ARTICLE 9 INDEMNIFICATION, INSURANCE AND BOND 9.1 Defense of Agreement Contractor agrees to, and shall timely, take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. Contractor shall defend, indemnify, protect and hold harmless, the City, its officers, agents and employees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement. The City shall promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that the City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor’s obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel and shall also include reimbursement to City for time spent by its in- house City attorneys responding to the litigation. 9.2 Indemnification Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, consultants and agents (collectively, “Indemnitees”) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents, contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement May 24, 2013 -101- City of Hermosa Beach for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the Indemnitees’ negligence, but shall not extend to matters resulting from the Indemnitees’ sole negligence, or willful misconduct. Contractor further agrees to and shall, upon demand of City, at Contractor's sole cost and expense, defend (with attorneys acceptable to City) the Indemnitees against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Contractor elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Contractor. Contractor, upon demand of City, made by and through the City Attorney, shall protect City and appear in and defend the Indemnitees in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of “Solid Waste” or “Recyclable Material,” the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City’s authority with respect to the grant of licenses, or agreements, exclusive or otherwise, or asserting rights under the United States or California Constitutions or any federal or state law to provide Solid Waste Handling Services in the City. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.3 Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse, indemnify, and hold harmless Indemnitees from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other May 24, 2013 -102- City of Hermosa Beach losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of, or are alleged to arise out of, or in any way relate to any action, inaction or omission of Contractor that: 1. results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnitee is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise clean up, any Hazardous Contaminant (as defined herein); or 2. relates to material Collected, transported, Recycled, processed, treated or Disposed of by Contractor. B. Contractor’s obligations pursuant to this section shall apply, without limitation, to: 1. any Claims brought pursuant to or based on the provisions of any Environmental Law; 2. any Claims based on, or arising out of, or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any Facility; 3. any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor; 4. any Claims based on or arising out of, or alleged to be arising out of, any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. D. For purposes of this section, the term "Hazardous Contaminant" shall mean any Hazardous Substance, any Hazardous Waste, any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos- containing material. The term "Hazardous Contaminant" shall also include any and all May 24, 2013 -103- City of Hermosa Beach amendments to any referenced statutory or regulatory provisions made before or after the date of execution of this Agreement. E. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.4 AB 939 Indemnification and Guarantee A. Contractor agrees to indemnify and hold harmless City from and against all fines and/or penalties imposed by CalRecycle in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream Collected under this Agreement. B. Contractor warrants and represents that it is familiar with City's waste characterization study as set forth in City's Source Recovery and Recycling Element (“SRRE”), and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the Diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for Diversion, and any other requirements) set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. 9.5 Insurance Contractor shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Contractor’s performance hereunder or the actions or inactions of any of Contractor’s officers, agents, representatives, employees, or subcontractors in connection with Contractor’s performance. The insurance requirements hereunder in no way limit Contractor’s various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). May 24, 2013 -104- City of Hermosa Beach 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. Pollution and/or Environmental Impairment Liability Insurance B. Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of One Million Dollars ($1,000,000) per accident, One Million Dollars ($1,000,000) policy limit for bodily injury or disease; One Million Dollars ($1,000,000) per each employee bodily injury or disease. 4. Pollution and/or Environmental Impairment Liability: Three Million Dollars ($3,000,000) each occurrence/Ten Million Dollars ($10,000,000) policy aggregate covering liability arising from the release of waste materials and/or irritants, contaminants or pollutants. Contractor shall ensure that such coverage shall, if commercially available, without involvement of City, automatically broaden in its form of coverage to include legislated changes in the definition of waste materials and/or irritants, contaminants or pollutants. The policy shall stipulate this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and waive subrogation against City and other additional insureds. May 24, 2013 -105- City of Hermosa Beach C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Contractor's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. May 24, 2013 -106- City of Hermosa Beach e) The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s behalf upon the Contractor’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. Such certificates shall show the type and amount of coverage, effective dates and dates May 24, 2013 -107- City of Hermosa Beach of expiration of policies, and shall have all required endorsements. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies at any time. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. G. Companies and Subcontractors. Contractor shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements 1. The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days (or ten (10) days in the event of cancellation for non- payment) prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 2. The Comprehensive General Liability policy shall contain endorsements in substantially the following form: a) "Thirty (30) days (or ten (10) days in the event of cancellation for non-payment) prior written notice shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: City Manager City of Hermosa Beach May 24, 2013 -108- City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 b) "Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City of Hermosa Beach, its officials, employees and agents, using standard ISO endorsement No. CB 2010 with an edition date of 1985, or equivalent provisions as determined acceptable by the Office of the City Attorney for the City of Hermosa Beach in its sole discretion. Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Contractor. This policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Contractor's liability as set forth in the policy beyond the amount shown or to which Contractor would have been liable if only one party had been named as an insured." e) “The City, as additional insured, shall be permitted to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. “ I. Other Insurance Requirements 1. In the event any services are delegated to another company or subcontractor, Contractor shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company’s or subcontractor's employees May 24, 2013 -109- City of Hermosa Beach engaged in the work in accordance with this Section 9.5. The liability insurance required by this Section 9.4 shall cover all companies or subcontractors or the companies or subcontractors must furnish evidence of insurance provided by it meeting all of the requirements of this Section 9.5. 2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor of any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Contractor or any company or subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Contractor. 9.6 Faithful Performance Bond Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of Five Hundred Thousand Dollars ($500,000), similar to the form provided in Exhibit 6, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. 9.7 Forfeiture of Performance Bond In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City forfeited to the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within thirty (30) days of the City’s declaration. Failure to restore the performance bond to its full amount within thirty (30) days shall be a material breach of the Agreement. May 24, 2013 -110- City of Hermosa Beach 9.8 Performance Security Beyond Service Term Some Agreement requirements extend beyond the Term and other requirements, such as minimum Diversion rates per Section 4.2.5, will not be substantiated until after the final service date. Therefore, Contractor shall not terminate the Performance Bond, and will renew them to ensure continuous availability to the City, until receiving a written release from the City. The Performance Bond will automatically expire at the end of twenty-four (24) months after the end of the Term, unless City has notified Contractor in writing as to a specific contractual area of concern yet to be resolved, instructing Contractor to retain all or a portion of the Performance Bond. Neither permission from the City to discontinue holding the Performance Bond, nor permitted expiration after twenty-four (24) months, shall relieve Contractor of payments to the City that may be due, or may become due. May 24, 2013 -111- City of Hermosa Beach ARTICLE 10 CITY'S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISED SERVICES City may contract with another Solid Waste enterprise to Collect and transport Solid Waste in the event Contractor for any reason (except as provided below regarding Force Majeure) refuses or is unable to Collect Solid Waste for a period of more than forty- eight (48) hours. City must provide twenty-four (24) hours prior written notice to Contractor during such time before contracting with another solid waste enterprise. In such event Contractor must identify sources from which such substitute solid waste services are immediately available and reimburse City for all of its expenses for such substitute services during period in which Contractor does not provide Collection and transportation services required by this Agreement. May 24, 2013 -112- City of Hermosa Beach ARTICLE 11 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES 11.1 Events of Default All provisions of this Agreement to be performed by Contractor are considered material. Each of the following (by way of example and not as an exhaustive list) shall constitute an event of default by the Contractor. A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts to practice, any fraud or deceit upon City or makes a misrepresentation regarding material information to City. B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets. C. Failure to Maintain Insurance Coverage and Valid Permits and Licenses. If Contractor fails to provide or maintain in full force and effect the Workers' Compensation, liability, or indemnification coverage, as well as valid permits and licenses as required by this Agreement. D. Violations of Regulation. If Contractor violates any orders or filings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise and this Agreement shall be deemed to have occurred until a final decision adverse to the Contractor is entered. E. Failure to Pay. If Contractor fails to make any payments required under this Agreement and/or refuses to provide City, within ten (10) days of the demand, with required information, reports, and/or records in a timely manner as provided for in the Agreement. F. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by this Agreement. May 24, 2013 -113- City of Hermosa Beach G. Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to City as required by this Agreement. H. Acts or Omissions. A. Any act or omission by Contractor relative to the services provided under this Agreement which violates the terms, conditions, or requirements of this Agreement, or AB 939, or any law, statute, ordinance, order, directive, rule, or regulation issued pursuant to AB 939 shall constitute a default by Contractor. Any failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter, shall constitute a default by Contractor. B. Any situation in which Contractor or any of its officers, directors or employees is found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal transport or Disposal of hazardous or toxic materials, or bribery of public officials shall constitute a default by Contractor. The term “found guilty” shall be deemed to include any judicial determination that Contractor or any of Contractor’s officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge.” I. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. J. Attachment. The seizure of, attachment of, or levy on, the operating equipment of Contractor, including, without limits, its equipment, maintenance or office facilities, or any part thereof. K. Suspension or Termination of Service. If Contractor ceases to provide all or a portion of the Collection, processing or Recycling services, or any other Solid Waste Handling Services as required under this Agreement (including, without limitation, May 24, 2013 -114- City of Hermosa Beach failure to provide service due to labor unrest including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action, unless all requirements of Section 11.4 are met) for two (2) or more consecutive days. L. Failure to Provide Assurance of Performance. If Contractor fails to provide reasonable assurances of performance as required under Section 11.6. M. Commingling of Recyclables With Refuse / Landfilling of Recyclables. If Contractor empties Containers of properly set out Recyclable Materials or Green Waste into a Refuse load, or transports Recyclable Materials or Green Waste to a landfill or other location at which the material will not be diverted from landfilling (with the exception of Green Waste used as alternative daily cover provided full Diversion credit is received). N. Failure to Meet Section 4.2.5 Diversion Goal. Failure to meet the minimum recycling requirements identified in Section 4.2.5 for two (2) consecutive calendar years. Contractor shall have five (5) business days from the time it is given notification by City to cure any default arising under subsections E, F, G, J, K, L and M provided, however, that City shall not be obligated to provide Contractor with a notice and cure opportunity if Contractor has committed the same or similar breach within a twenty- four (24) month period. It is expressly understood that Contractor is not entitled to receive notice of default, or to cure such default, with respect to those matters listed in subsections A, B, C, D, H, I, and N above. 11.2 Right to Terminate Upon Default and Right to Specific Performance If Contractor commits a material breach included in Section 11.1 above (and, if permitted to cure, does not cure it within the five days), City shall be entitled to unilaterally terminate this Agreement or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other conditions it deems appropriate short of termination) as it shall deem proper. Should City decide to terminate this Agreement upon a default by Contractor, City shall have the right to do so upon giving ten (10) days’ notice to Contractor, and shall not be required to take any further action (such as holding any hearing, bringing any suit or taking any other action.) May 24, 2013 -115- City of Hermosa Beach City may seek to revoke or suspend this Agreement for violation of any other provisions of this Agreement in accordance with the Hermosa Beach Municipal Code Section 8.12.090-130. City's rights to terminate this Agreement and contract with third parties to perform services are not exclusive, and City's termination of this Agreement shall not constitute an election of remedies. Instead, such remedies shall be in addition to any and all other legal and equitable rights and remedies which City may have. By virtue of the nature of this Agreement, the urgency of timely continuous and high- quality service, the time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to seek injunctive relief and/or specific performance of any breach of this Agreement. 11.3 Liquidated Damages A. General. City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Solid Waste Handling Service is of utmost importance to City and that City has considered and May 24, 2013 -116- City of Hermosa Beach relied on Contractor's representations as to its quality of service commitment in entering this Agreement with it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under this Article 11, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Contractor City Initial Here Initial Here Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below: 1. Collection Reliability a) For each failure to commence service to a new Customer account within seven (7) days after order, which exceeds five (5) such failures per calendar year: $50.00 b) For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste from any established Customer account on the scheduled Collection day and not make up the Collection within the time allotted per Section 4.6.1.3: $50.00 May 24, 2013 -117- City of Hermosa Beach c) For each failure to Collect Solid Waste, which has been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $50.00 2. Collection Quality a) For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright which exceeds ten (10) such occurrences per calendar year: $25.00 b) For each occurrence in violation of the City’s noise ordinance which exceeds ten (10) per calendar year: $150.00 c) For each occurrence of Collecting Solid Waste during unauthorized hours which exceeds five (5) such occurrences per calendar year: $150.00 d) For each failure to clean up Solid Waste spilled from Solid Waste Containers within ninety (90) minutes which exceeds ten (10) such failures per calendar year: $150.00 3. Customer Responsiveness a) For each failure to initially respond to a Customer complaint within one (1) business day in accordance with Section 5.1.2, and for each additional day in which the complaint is not addressed, which exceeds five (5) per calendar year: $100.00 b) For each failure to process Customer complaints as required by Article 5, Section 5.1.2, which exceeds five (5) per calendar year: $100.00 c) For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within twenty-four (24) hours (except Sundays and holidays) of request from City or Customer, which exceeds five (5) per calendar year: $ 50.00 per day d) For each failure to repair or replace a damaged or missing Container within three (3) business days of request from City or Customer, which exceeds five (5) per calendar year: $ 50.00 per day May 24, 2013 -118- City of Hermosa Beach e) For each failure to process a claim for damages within thirty (30) days from the date submitted to Contractor: $100.00 f) For each additional thirty (30) day increment of time in which Contractor has failed to resolve a claim for damages within thirty (30) days from the claim date: $100.00 g) For each failure to respond on-site to an emergency within one hour of notification by City: $100.00 4. Diversion Efforts a) For each calendar year in which Contractor fails to provide support to the City within thirty (30) days of year-end, documenting that it diverted at least the minimum tonnage required by Section 4.2.5 under this Agreement (beginning with the partial year July to Dec. 2013 as the first applicable period): $25 for each ton below tonnage level necessary to meet Diversion goal b) For every Recycling or Green Waste Container Collected as Refuse without issuing a red tag or other warning per Section 4.2.3 which exceeds ten (10) failures per calendar year: $25 per Cart 5. Timeliness of Submissions to City Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: i) Monthly Reports: $50 per day ii) Annual Reports: $100 per day 6. Accuracy of Billing Each Customer invoice that is not prepared in accordance with the City’s approved rate schedule, or includes charges not identified on the City-approved rate schedule or otherwise approved in writing by the City, in excess of ten (10) invoices annually, and that are not accurately corrected in the next Billing run: May 24, 2013 -119- City of Hermosa Beach $25 per invoice, not to exceed $2,500 per Billing run 7. Cooperation with Service Provider Transition a) For each day routing information requested by City Manager in accordance with Section 12.8 is received after City-established due dates, both for preparation of a request for proposals and for new service provider’s implementation of service : $1,000/day b) For each day delivery of keys, access codes, remote controls, or other means of access to Solid Waste Containers is delayed beyond one (1) day prior to new service provider servicing Customers with access issues, as described in Section 12.8: $1,000/day c) For delay in not meeting the requirements contained in Sections 7.3 and 12.8 in a timely manner, in addition to the daily liquidated damages for breach under 7(a) and 7(b) above, liquidated damages of: $10,000 City Manager may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints. Prior to assessing liquidated damages, City Manager shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non - performance. Contractor may review (and make copies at its own expense) all information in the possession of City Manager relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City Manager. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City Manager will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City Manager shall be final. C. Amount. City Manager may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. May 24, 2013 -120- City of Hermosa Beach D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City Manager within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement pursuant to Section 11.2, or both. 11.4 Excuse from Performance 11.4.1 Force Majeure The Parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. 11.4.2 Labor Unrest Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by the Contractor's employees or directed at the Contractor will be considered an excuse from performance to the extent that Contractor meets the terms of this Section 11.4. Notwithstanding other remedies to which the City shall be entitled under this Agreement in event of failure to perform, in the event of Contractor’s failure to perform, or anticipated failure to perform, due to labor unrest, Contractor shall: 1) Provide a contingency plan to the City Manager within ninety (90) days of the execution of this Agreement demonstrating how services will be provided during the period of labor unrest. The contingency plan is subject to City approval, and Contractor shall amend the plan to meet City requirements, including reasonably demonstrating how City’s basic Collection and sanitary needs will be met to the City’s satisfaction. Plan shall address, at a minimum, the priority of Collection by customer type (residents, hospitals, restaurants, nursing homes, etc.) and waste streams, additional Collection options to be provided (drop-off sites, etc.), source of additional personnel to be utilized, and detailed communications procedures to be used. May 24, 2013 -121- City of Hermosa Beach 2) Notify City Manager sixty (60) days prior to the expiration of its drivers’ labor agreement. 3) Meet the requirements agreed to in the contingency plan. 4) Meet requirements of 11.4.3 below. Contractor shall meet all requirements under this Section or City may choose to revoke this excuse from performance offered under this Agreement and may choose to use enforcement provisions under this Agreement, including Sections 11.1, 11.2 and 11.3, in which case Contractor is not excused from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. 11.4.3 Procedures In Event of Excused Performance The party claiming excuse from performance under Section 11.4.1 or 11.4.2 shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section. Throughout service disruption, Contractor shall: 1) Provide City with a minimum of daily service updates. 2) Notify Customers on a real-time basis as to alternative Collection procedures. At a minimum, Contractor shall update its website and shall provide ongoing updates to City for use on its website, and a “reverse 911” contact method to reach all possible Customers. Should enhanced contact technologies become available, Contractor shall use such methods upon approval from City. The interruption or discontinuance of the Contractor's services caused by one or more of the events excused shall not constitute a default by the Contractor under this Agreement. Notwithstanding the foregoing, however, if the Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of thirty (30) days or more, the City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days' notice, in which case the provisions relative to contracting with third parties in Article 10 and this Article 11 will apply. May 24, 2013 -122- City of Hermosa Beach 11.5 Notice, Hearing and Appeal of City Breach (A) Administrative Hearing. Should Contractor contend that City is in breach of any aspect of this Agreement, it shall give notice to the City Manager requesting an administrative hearing on the allegation. A hearing officer shall be appointed by the City Manager, and the hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the City Manager. The hearing officer shall make an advisory ruling on Contractor’s allegations, and suggest a remedy if a breach by City is determined to exist. The hearing officer’s ruling shall be advisory only. (B) Other Remedies; Claims. Contractor shall be entitled to all available remedies in law or equity for City’s breach of this Agreement; provided, however, Contractor shall not file or otherwise commence any action against City, in law or equity, in any court, until after an administrative hearing as set forth above has been completed, and a thirty (30) day period to accept the hearing officer’s decision has passed, or either City or Contractor has given timely written notice to the other that it will not accept the hearing officers decision. (C) Actions for Damages. As a prerequisite to the filing and maintenance of any action for damages by Contractor against City arising out of this Agreement, Contractor shall present a claim to City, as required by Government Code section 910 et seq, within thirty (30) days of the date of the occurrence giving rise to the claim for damages. 11.6 Assurance of Performance City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default. May 24, 2013 -123- City of Hermosa Beach ARTICLE 12 MISCELLANEOUS PROVISIONS 12.1 Relationship of Parties The Parties intend that Contractor shall perform the services required by this Agreement as an independent contractor engaged by City and not as an officer or employee of City, nor as a partner of or joint venture with City. No employee or agent or Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the Solid Waste Handling Services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Affiliates, contractors, subcontractors and agents. Neither Contractor nor its officers, employees, Affiliates, contractors, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City. 12.2 Compliance with Law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all applicable laws and regulations of the United States, the State of California, and any federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended, including but not limited to the payment of prevailing wage, if applicable. 12.3 Governing Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.4 Jurisdiction Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. May 24, 2013 -124- City of Hermosa Beach With respect to venue, the Parties agree that this Agreement is made in and will be performed in Los Angeles County. 12.5 Assignment Except as may be provided for in Article 10 (City's Right to Perform Service), Contractor shall not assign its rights, nor delegate, subcontract or otherwise transfer its oblig ations under this Agreement (collectively referred to as an “assignment”) to any other Person without the prior written consent of City Council. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this section the term "assignment" shall be given the broadest possible interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including those resulting from mergers or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Handling Services in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under May 24, 2013 -125- City of Hermosa Beach this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its sole and absolute discretion. Any request for an assignment must be approved by the City Manager, and no request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met (or with respect to matters that would only occur upon completion of the assignment if approved, made reasonable assurances that it will meet) the following requirements: a) Contractor shall pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment. An advance payment towards expenses may be requested by City prior to City consideration of any assignment request and Contractor shall be responsible to pay all costs incurred by City in considering a request for assignment, including those in excess of the aforesaid deposit amount, regardless of whether City consents to the assignment. b) Contractor shall pay a transfer fee to the City equal to one percent (1%) of the annual Gross Receipts for the most recent twelve (12) months prior to the effective date of the change of ownership, multiplied by the number of remaining years, or fraction thereof, under this Agreement. (This requirement will not be required in the event of an assignment to an Affiliate of Contractor); c) Contractor shall furnish City with audited financial statements for itself, and the proposed assignee's operations for the immediately preceding three (3) operating years. (This requirement shall not be required of an Affiliate.) d) Contractor shall furnish City with a pro-forma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such pro-forma financial statement shall reflect any debt to be incurred by the assignee as part of the acquisition of Contractor’s operations. (This requirement shall not be required of an Affiliate.) May 24, 2013 -126- City of Hermosa Beach e) Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of any such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. Should City consent to any assignment request, such assignment shall not take effect until all conditions relating to City’s approval have been met. 12.6 Contracting or Subcontracting Contractor shall not utilize any subcontractors, in direct interaction with City customers or City staff, for the performance of the services under this Agreement, except with the consent of the City Manager, which may be withheld or delayed at its sole and absolute discretion. 12.7 Binding on Assigns The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns (if any) of the Parties. 12.8 Cooperation in Preparation for Termination or Expiration of Contract Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any May 24, 2013 -127- City of Hermosa Beach subsequent Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Handling Services. Contractor's cooperation shall include, but not be limited to, providing route lists, Billing information and other operating records needed to service all Premises covered by this Agreement. Cooperation is required in a timely manner to assist with the City’s preparation of a request for proposals or a new agreement, as well as at the time of transition. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Contractor shall provide a new service provider with all keys, security codes and remote controls used to access garages and Bin enclosures. Contractor shall be responsible for coordinating transfer immediately after Contractor’s final pickups, so as not to disrupt service. Contractor shall provide City with detailed route sheets containing service names and addresses, Billing names and addresses, monthly rate and service levels (number and size of Containers and pickup days) at least ninety (90) days prior to the transition date, and provide an updated list two (2) weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one (1) full business day prior to the first day of Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers. 12.9 Parties in Interest Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors and permitted assigns. 12.10 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any moneys which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any provision of this Agreement. May 24, 2013 -128- City of Hermosa Beach 12.11 Contractor's Investigation Contractor has made an independent investigation (satisfactory to Contractor) of the conditions and circumstances surrounding the Agreement and the work to be performed by it. 12.12 Condemnation City fully reserves the rights to acquire Contractor's property utilized in the performance of this Agreement, by purchase or through the exercise of the right of eminent domain. This provision is additive, and not intended to alter the rights of the Parties set forth in Article 10. 12.13 Notice All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows: If to City: City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 If to Contractor: Gary Clifford Chief Operating Officer Athens Services 14048 Valley Boulevard City of Industry, California 91746 A copy of such communications shall also be electronically mailed to the recipient party. The sending party shall confirm the current e-mail address of the City Manager or Chief Operating Officer at the time of notice. The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this section. May 24, 2013 -129- City of Hermosa Beach Notice shall be deemed given on the day it is personally delivered or, if mailed, three (3) days from the date it is deposited in the mail. 12.14 Representatives of the Parties References in this Agreement to the "City" shall mean the City Council and all actions to be taken by City shall be taken by the City Council except as expressly provided herein. The City Council may delegate, in writing, authority to the City Manager, and/or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority so delegated to them. Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority expressly delegated to him/her by Contractor as communicated to City. 12.15 City Free to Negotiate with Third Parties City may investigate all options for the Collection, transporting, Recycling, processing and Disposal of Solid Waste for periods during which this Agreement has expired or been terminated. Without limiting the generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Solid Waste Handling Services which are the subject of this Agreement, including without limitation Collection services, Disposal services, Recycling services, Green Waste services and processing, and any combination thereof, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination of this Agreement pursuant to Section 11.1 or otherwise. 12.16 Compliance with Municipal Code Contractor shall comply with those provisions of the municipal code of City which are applicable, and with any and all amendments to such applicable provisions during the Term of this Agreement. May 24, 2013 -130- City of Hermosa Beach 12.17 Privacy Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. This provision shall not apply to reports or records provided to City pursuant to this Agreement. 12.18 Proprietary Information, Public Records The City acknowledges that a number of the records and reports of Contractor are proprietary and confidential. Contractor is obligated to permit City inspection of its records on demand and to provide copies to City where requested. City will endeavor to maintain the confidentiality of all proprietary information provided by Contractor. Notwithstanding the foregoing, any documents provided by Contractor to City that are public records may be disclosed pursuant to a proper public records request. 12.19 Entire Agreement This Agreement contains the entire integrated agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations, promises, proposals (including Contractor’s Proposal), and agreements between the Parties, whether written or oral. The Parties acknowledges this document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other Party to execute this instrument. 12.20 Section Headings The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. May 24, 2013 -131- City of Hermosa Beach 12.21 References to Laws and Other Agreements All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided. 12.22 Interpretation This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. 12.23 Agreement This Agreement may not be modified or amended in any respect except by a writing signed by the Parties. 12.24 Severability If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 12.25 Exhibits Each of Exhibits identified as Exhibit "1" through "12" is attached hereto and incorporated herein and made a part hereof by this reference. 12.26 Attorneys’ Fees If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover its reasonable attorney’s fees and costs. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to May 24, 2013 -132- City of Hermosa Beach have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written. CITY OF HERMOSA BEACH ("City") DATED: _______________________________ DATED: _______________________________ CITY OF HERMOSA BEACH Arakelian Enterprises Inc. dba Athens Services By: ____________________________________ By: ____________________________________ Patrick Bobko Ron Arakelian Jr. Mayor Chairman of the Board Approved as to form: By: ____________________________________ By: ____________________________________ Michael Jenkins Michael Arakelian City Attorney Secretary/Treasurer ATTEST: _______________________________________ Elaine Doerfling City Clerk May 24, 2013 City of Hermosa Beach EXHIBIT 1 RESERVED May 24, 2013 2 - 1 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES Following are the rates for July 1, 2013 through June 30, 2014: Monthly Residential Cart Service Rates (Option 1: Cart System) Standard Service Includes one refuse cart and one or more recycling carts. Green waste carts are provided on a subscription basis. Cart Size: 20-gallon* 35-gallon* 64-gallon* 96-gallon* Standard Service – based upon refuse cart size $5.69 $6.69 $10.69 $14.69 Additional Refuse Cart – above one n/a $4.00 $6.00 $8.00 Additional Recycling Cart $0 $0 $0 $0 Each Yard Waste Cart n/a $3.70 $4.20 $4.70 Alternative “Can” Service (if carts not feasible) Equivalent cart rates based on capacity Active Military Rate Reduction – above rates reduced by 25% Senior Low Income Discount - above rates (excluding 20-gallon rate) reduced by 10% Other Cart Rates and Services (Charged in Addition to Monthly Cart Service Rates) Walk-Out Service – upon request $4.00 Walk-Out Service – authorized disabled customers No charge Additional Special Overage Pickup for Automated Cart Customers (in excess of six pickups per year) $5 per pickup Additional Bulky Item pickups (in excess of two free pickups per dwelling unit per year) $30.00 per pickup Cart Exchange (in excess of free exchanges to be provided) $15 per request Returned Check (“NSF”) Fee (applicable to all customers) Credit Card Declined Fee (applicable to all customers) Optional HHW Door-to-Door Collection – per dwelling unit $0.45/month *Including all City fees, including $0.25/home/month AB 939 fee. May 24, 2013 2 - 2 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) Following are the rates for July 1, 2013 through June 30, 2014: Monthly Bin Rates(1) Container Size Pickups per week 1 2 3 4 5 6 7 Extra Empty Refuse 32-gallon cart (2) $23.33 $40.87 $57.45 $74.99 $91.56 $109.10 $136.29 64-gallon cart (2) $37.02 $64.39 $90.80 $117.2 $143.61 $170.98 $211.86 96-gallon cart (2) $50.69 $84.98 $119.26 $153.55 $187.83 $222.12 $256.40 1 yard bin $69.35 $104.56 $140.84 $176.06 $210.21 $246.49 $288.10 $40.50 1.5 yard bin $77.36 $117.38 $167.00 $197.42 $236.37 $315.86 $369.75 $40.50 2 yard bin $93.91 $145.14 $197.45 $248.69 $292.46 $337.30 $393.87 $40.50 3 yard bin 109.92 $170.77 $230.56 $291.41 $351.19 $410.98 $482.50 $52.07 4 yard bin $132.33 $204.93 $309.53 $351.20 $423.80 $497.46 $581.79 $52.07 6 yard bin $166.51 $258.34 $351.24 $443.08 $535.98 $627.82 $734.59 $52.07 8 yard bin $207.07 $322.40 $434.53 $545.59 $652.39 $764.52 $895.85 $61.78 Recycling 18-gallon cart (3) $7.41 n/a 32-gallon cart (3) $11.58 $20.27 $28.47 $37.15 $45.36 $54.04 $68.55 64-gallon cart (3) $18.34 $31.82 $44.87 $57.90 $70.93 $84.44 $104.70 96-gallon cart (3) $25.09 $41.98 $58.87 $75.75 $92.64 $109.53 $126.42 1 yard bin $30.88 $46.32 $62.24 $77.68 $92.64 $108.56 $126.90 1.5 yard bin $34.26 $51.63 $73.34 $86.37 $103.26 $138.48 $162.12 2 yard bin $41.50 $63.69 $86.37 $108.56 $127.38 $146.68 $171.29 3 yard bin $48.25 $74.31 $99.88 $125.93 $151.51 $177.08 $207.96 4 yard bin $57.90 $88.78 $134.14 $151.02 $181.90 $213.27 $249.45 Locking Bin Service $5.79 $5.79 $5.79 $5.79 $5.79 $5.79 $5.79 Scout Truck Service $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 Push-Out Service $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 (1) Including all City fees. (2) Applicable to businesses. All residential cart customers are charged in accordance with the Residential Cart Service Rates on page 2-1. (3) Not applicable to residents with cart refuse service ; such customers receive recycling service at no additional charge. May 24, 2013 2 - 3 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) Following are the rates for July 1, 2013 through June 30, 2014: Additional Service Charges Rate Per Service* Porter Service (total amount to be shared by affected customers per Section 4.1.14) $5,500 per month Commercial Bulky Item Pickup: - 1 to 2 items $27.31/pickup - 3 to 5 items $54.61/pickup - 6 to 10 items $109.21/pickup - Each additional item on same pickup $27.31/add’l item Bin Return Trip/Dry Run Fee $50.00 per trip Bin Re-delivery Fee (if bins are pulled for non-payment) $45.00 per bin Bin Cleaning (over once per year) $40.00 3-yard Temporary Bin - Per dump (delivery, disposal and 7-day rental included) $100.35 - Rental per day after 7 days without a dump Special Event Litter Boxes - Rate per box $4.50 - Rate per box of 200 liners $50.00 Emergency Service Rates – one crew and one collection truck $85.00/hour *Including all City fees, inclusive of AB 939 fees on page 2-5. May 24, 2013 2 - 4 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) Following are the rates for July 1, 2013 through June 30, 2014: Roll-off Box Charges Rate* Roll-off Box Service – Pull Plus Dump - Standard Roll-off Box (any size) - Rate per pull (including delivery, and rental) $181.60 per pull - Compactor roll-off box – Rate per pull (does not include provision of compactor) 20 yard compactor $198.52 per pull 30 yard compactor $201.02 per pull 40 yard compactor $203.52 per pull - Compactor Monthly Lease $550.00 per month Per Ton Rate $ 61.56 per ton Per Ton Rate – Pier Compactor Roll-Off Only, for composting $ 65.00 per ton Per day rental after 7 days without a pull $10.00 per day Additional Roll-off Box Fees - Overweight charge (per ton over ten tons/load) 25% of Per Ton Rate - Dry Run/Redelivery/Return Trip/Relocation Fee $50.00 *Including all City fees, inclusive of AB 939 fees on page 2-5. May 24, 2013 2 - 5 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) AB 939 Fees Included in the Above Rates 1 2 3 4 5 6 7 32-Gallon Cart 0.17$ 0.34$ 0.51$ 0.68$ 0.85$ 1.02$ 1.19$ 64-Gallon Cart 0.35$ 0.70$ 1.05$ 1.40$ 1.75$ 2.10$ 2.45$ 96-Gallon Cart 0.51$ 1.02$ 1.53$ 2.04$ 2.55$ 3.06$ 3.57$ 1 Cubic Yard 1.08$ 2.16$ 3.24$ 4.32$ 5.40$ 6.48$ 7.56$ 1.5 Cubic Yard 1.62$ 3.24$ 4.86$ 6.48$ 8.10$ 9.72$ 11.34$ 2 Cubic Yard 2.17$ 4.34$ 6.51$ 8.68$ 10.85$ 13.02$ 15.19$ 3 Cubic Yard 3.25$ 6.50$ 9.75$ 13.00$ 16.25$ 19.50$ 22.75$ 4 Cubic Yard 4.33$ 8.66$ 12.99$ 17.32$ 21.65$ 25.98$ 30.31$ 6 Cubic Yard 6.50$ 13.00$ 19.50$ 26.00$ 32.50$ 39.00$ 45.50$ 8 Cubic Yard 8.66$ 17.32$ 25.98$ 34.64$ 43.30$ 51.96$ 60.62$ Refuse Container Size Number of Collections per Week Container/Service Type Roll-Off Box Pulls Standard Roll-Off Box - 20, 30, 40 yard 10.00$ per pull Compactor Roll-Off Box - 20 yard 5.00$ per pull Compactor Roll-Off Box - 30 yard 7.50$ per pull Compactor Roll-Off Box - 40 yard 10.00$ per pull Temporary Bin 3 Cubic Yard 0.75$ per dump AB 939 Fee May 24, 2013 3 - 1 City of Hermosa Beach EXHIBIT 3A EXAMPLE RATE ADJUSTMENT FORMULA – CART & BIN Row Adjustment Factor Index 1 Labor (1)109.7 112.2 2.3% 2 Fuel (2)170.6 173.2 1.5% 3 Equipment (3)125.1 129.1 3.2% 4 Disposal (4)219.960 221.931 0.9% 5 All Other (5)219.960 221.931 0.9% Row Adjustment Factor Index 6 Labor (1)25.0%2.3%0.6% 7 Fuel (2)5.0%1.5%0.1% 8 Equipment (3)13.0%3.2%0.4% 9 Disposal (4)27.0%0.9%0.2% 10 All Other (5)30.0%0.9%0.3% 11 Total 100.0%1.6% Row Example Rate Categories 12 Res. service w/64-gal. refuse 10.69$ 1.6%0.17$ 10.86$ 13 Res. service w/32-gal. refuse 6.69$ 1.6%0.11$ 6.80$ 14 Extra 64-gal refuse cart 6.00$ 1.6%0.10$ 6.10$ 15 Extra 32-gal refuse cart 4.00$ 1.6%0.06$ 4.06$ 16 Alt.= Residential rate 10.69$ 1.6%0.17$ 10.86$ 17 3 cu.yd. bin 1x week 190.92$ 1.6%3.05$ 193.97$ 18 3 cu.yd. bin 2x week 170.77$ 1.6%2.73$ 173.50$ 19 3 yd bin, extra pickup 52.07$ 1.6%0.83$ 52.90$ 20 Commercial 96 gal. cart 50.69$ 1.6%0.81$ 51.50$ Row Adjustment Factor Index 21 Labor (1)25.0%2.3%0.6%25.6%25.2% 22 Fuel (2)5.0%1.5%0.1%5.1%5.0% 23 Equipment (3)13.0%3.2%0.4%13.4%13.2% 24 Disposal (4)27.0%0.9%0.2%27.2%26.8% 25 All Other (5)30.0%0.9%0.3%30.3%29.8% 26 Total 100.0%101.6%100.0% (4) Consumer Price Index for All Urban Consumers, less food and energy, U.S. city average - average annual change* or 5%, whichever is lower. (5) Consumer Price Index for All Urban Consumers, less food and energy, U.S. city average - average annual change.* (7) Example rates listed. Adjustment applies to all applicable rate categories. * See Exhibit 3C. (3) Producer Price Index, PCU336120336120, Heavy duty truck manufacturing - average annual change.* D Step Two: Determine components Old Index Value Percent Change In Index (from Column C) H I Total Weighted Change (Columns D x E) Cost Factor Category Weighted as a % of Component Total (6) L New Index Value Percent Change In Index ((Column B/ Column A) -1) E F Adjusted Cost Component Weightings (Column K + Column M) N G J Step Three: Apply percentage change to rates Change in Cost Component Weightings (Column K x Column L) K OM Cost Components Reweighted to Equal 100% (Column N Row divided by Column N Total) (1) Employment Cost Index CIU20100005200000I, Total compensation, Private industry, Index number, Transportation and material moving - average annual change.* (2) Producer Price Index, WPU 0531 not seasonally adjusted, Fuels and related products and power, natural gas - average annual change.* (6) First year based on Section 6.4. After the first adjustment, this coumn comes from Column O of the previous year's rate adjustment worksheet. Adjusted Rate (Column G + Column I) Rate Increase or Decrease (Column G x Column H) Current Customer Rate (7) Total Weighted Percentage Change (from Column F) Step Four: Re-weight cost components Cost Component (Column D) Percent Change in Index (Column E) May 24, 2013 3 - 2 City of Hermosa Beach EXHIBIT 3B EXAMPLE RATE ADJUSTMENT FORMULA – ROLL-OFF BOX Row Adjustment Factor Index 1 2 Labor (1)109.7 112.2 2.3% 3 Fuel (2)170.6 173.2 1.5% 4 Equipment (3)125.1 129.1 3.2% 5 All Other (4)219.960 221.931 0.9% 6 Refuse/Ton (5)219.960 221.931 0.9% Row Adjustment Factor Index 7 8 Labor (1)41.0%2.3%0.9% 9 Fuel (2)18.0%1.5%0.3% 10 Equipment (3)13.0%3.2%0.4% 11 All Other (4)28.0%0.9%0.3% 12 100.0%n/a 1.9% 13 Refuse/Ton (5)100.0%0.9%0.9% Row 14 181.60$ 1.9%3.45$ 185.05$ 15 201.03$ 1.9%3.82$ 204.85$ 16 Refuse/Ton (5)61.56$ 0.9%0.55$ 62.11$ Row Adjustment Factor Index 17 Labor (1)41.0%2.3%0.9%41.9%41.1% 18 Fuel (2)18.0%1.5%0.3%18.3%18.0% 19 Equipment (3)13.0%3.2%0.4%13.4%13.2% 20 All Other (4)28.0%0.9%0.3%28.3%27.7% 21 Total 100.0%101.9%100.0% (4) Consumer Price Index for All Urban Consumers, less food and energy, U.S. city average - average annual change.* (5) Consumer Price Index for All Urban Consumers, less food and energy, U.S. city average - average annual change*, or 5%, whichever is lower. Service Component Total A Service Component (Pull Rate) C Old Index Value B E Service Component (Pull Rate) Cost Factor Category Weighted as a % of Component Total (6) FD Total Weighted Change (Columns D x E) Percent Change In Index (from Step One, Column C) L M N Step One: Calculate percentage change in indices New Index Value Percent Change In Index ((Column B/ Column A) -1) Step Two: Determine components Step Four: Re-weight service component cost components O Current Customer Rate Total Weighted Percentage Change (from Column F) Rate Increase or Decrease (Column H x Column I) 30 yd. Compactor Rolloff Box Pull Rate K Rate Category Step Three: Apply percentage change to rates G H Standard Rolloff Box Pull Rate Adjusted Rate (Column H + Column J) JI * See Exhibit 3C. Change in Cost Component Weightings (Column K x Column L) Adjusted Cost Component Weightings (Column K + Column M) Cost Components Reweighted to Equal 100% (Column N Row divided by Column N Total) Cost Component (Column D) (6) First year based on Section 6.4. After the first adjustment, this coumn comes from Column O of the previous year's rate adjustment worksheet. Percent Change in Index (Column E) (1) Employment Cost Index CIU20100005200000I, Total compensation, Private industry, Index number, Transportation and material moving - average annual change.* (2) Producer Price Index, WPU 0531 not seasonally adjusted, Fuels and related products and power, natural gas - average annual change.* (3) Producer Price Index, PCU336120336120, Heavy duty truck manufacturing - average annual change.* May 24, 2013 3 - 3 City of Hermosa Beach EXHIBIT 3C EXAMPLE RATE ADJUSTMENT FORMULA - CALCULATION FOR AVERAGE ANNUAL CHANGE IN PUBLISHED PRICE INDICES Rate adjustment indices for labor, fuel, equipment and “all other” are calculated using the “average annual change” as demonstrated in the example below, measured for the twelve months ended the March before each rate adjustment, as compared to the twelve months ended the prior March. The Bureau of Labor Statistics publishes these monthly and quarterly indices. The following example is for the Consumer Price Index for All Urban Consumers all items less food and energy index - U.S. City average that is used to adjust the “all other” cost components. If a rate adjustment based on this CPI index were to be implemented as of July 1, 2013, the twelve-month average annual index for the period ended September 2012 of 228.653 would have been the “New Index Value” to be used in Column B of the example rate adjustment formulas in Exhibits 3A and 3B, and the twelve-month average annual index for the period ended September 2011 223.808 would have been the “Old Index Value” in Column A. This would have resulted in a 2.2% increase to the “all other” cost components in Column C. Consumer Price Index – All Urban Consumers, U.S. City Average All items less food and energy, CUUR0000SAOL1E Year Jan Feb March April May June July August Sept Oct Nov Dec Average 2010 222.079 222.077 221.795 2011 222.177 223.011 223.690 224.118 224.534 224.891 225.164 225.874 226.289 223.808 2011 226.743 226.859 226.740 2012 227.237 227.865 228.735 229.303 229.602 229.879 229.893 230.196 230.780 228.653 Average Annual Change: 2.2% EXHIBIT 4 CITY LITTER AND RECYCLING CONTAINER COLLECTION MAP May 24, 2013 4 - 1 City of Hermosa Beach May 24, 2013 5 - 1 City of Hermosa Beach EXHIBIT 5 CORPORATE GUARANTY Not Applicable May 24, 2013 City of Hermosa Beach EXHIBIT 6 Contractor's Faithful Performance Bond KNOW ALL MEN BY THESE PRESENTS: That , a California , as PRINCIPAL, and , a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of five hundred thousand dollars ($500,000) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "INTEGRATED SOLID WASTE MANAGEMENT SERVICES" with City, to do and perform the following work, to wit: Collect, Process and dispose of Solid Waste generated within City, in accordance with the contract. NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. May 24, 2013 City of Hermosa Beach In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will pay to OBLIGEE a reasonable attorney’s fee, plus costs of suit, in an amount to be fixed by the court. IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this day of , 2013 a California Corporation SURETY By: By: (PRINCIPAL) (ATTORNEY IN FACT) (SEAL) (SEAL) May 24, 2013 City of Hermosa Beach EXHIBIT 7 RESERVED May 24, 2013 City of Hermosa Beach EXHIBIT 8 INITIAL SCOUT SERVICE CUSTOMERS 835 15TH ST 1600 ARDMORE AVE 30 13TH ST 845 15TH ST 1500 THE STRAND 930 1ST ST 621 9TH ST 630 2ND ST 721 3RD ST 2411 PROSPECT AVE 904 AVIATION BLVD 940 1ST ST 540 1ST ST 926 1ST ST 2205 PACIFIC COAST HWY 417 25TH ST 837 5TH ST 1301 MANHATTAN AVE 1628 PROSPECT AVE 701 4TH ST 22 PIER AVE 708 8TH ST 1820 ARDMORE AVE 901 AVIATION BLVD 68 PIER AVE 1820 ARDMORE AVE 321 PIER AVE 73 PIER AVE 2001 PACIFIC COAST HWY 743 24TH PL 959 AVIATION BLVD 2001 PACIFIC COAST HWY 1310 PACIFIC COAST HWY 401 MANHATTAN AVE 933 6TH ST 53 PIER AVE 552 11TH PL 446 MONTEREY BLVD 801 20TH ST 50 PIER AVE 1286 THE STRAND 1200 PACIFIC COAST HWY 50 PIER AVE 625 7TH ST 30 HERMOSA AVE 65 PIER AVE 30 PIER AVE 2447 PACIFIC COAST HWY 950 ARTESIA BLVD 8 PIER AVE 2401 PACIFIC COAST HWY 833 5TH ST 20 13TH ST 2515 VALLEY DR 1830 HERMOSA AVE 1645 VALLEY DR 1850 PACIFIC COAST HWY 935 1ST ST 839 6TH ST 20 PIER AVE 615 3RD ST 700 PACIFIC COAST HWY 1720 ARDMORE AVE 53 PIER AVE 2121 PACIFIC COAST HWY 1050 AVIATION BLVD 1301 MANHATTAN AVE 49 PIER AVE 640-650 HERMOSA AVE 1707 PACIFIC COAST HWY 1314 LOMA DR 139 HERMOSA AVE 90 PIER AVE 11 PIER AVE 139 HERMOSA AVE 500 PACIFIC COAST HWY 100 MONTEREY BLVD 104 HERMOSA AVE 1837 PACIFIC COAST HWY 950 1ST ST 417 25TH ST 972 ARTESIA BLVD 444 HERMOSA AVE 669 4TH ST 501 HERONDO ST 320 MASSEY ST 1072 AVIATION BLVD 712 9TH ST 15 15TH ST 21 PIER AVE 26 PIER AVE 1272 THE STRAND 1221 HERMOSA AVE 538 8TH ST 957 1ST ST 1016 THE STRAND 2100 PACIFIC COAST HWY 74 PIER AVE 31 PIER AVE 37 PIER AVE 720 21ST ST 36 PIER AVE 718 21ST ST 736 GOULD AVE 52 PIER AVE 867 AUBREY CT 1803 PACIFIC COAST HWY 415 HERONDO ST 447 HERONDO ST 834 1ST ST 414 2ND ST 19 PIER AVE 1134 CYPRESS AVE 660 5TH ST 960 1ST ST 710 9TH ST 39 PIER AVE 802 PACIFIC COAST HWY 77 15TH ST 840 LOMA DR 81 PIER AVE 77 15TH ST 1325 HERMOSA AVE 1560 PACIFIC COAST HWY 2309 PACIFIC COAST HWY 709 PIER AVE 1731 PACIFIC COAST HWY 655 2ND ST 703 PIER AVE Addresses With Scout Service at Start of Contract May 24, 2013 City of Hermosa Beach EXHIBIT 9 DOWNTOWN AREA May 24, 2013 City of Hermosa Beach EXHIBIT 10 AREAS WHERE AUTOMATED SERVICE NOT FEASIBLE (CAN SERVICE AREAS) Between Palm Drive and Manhattan Avenue Containers placed on 28th Court – Addresses on 27th and 28th Streets Containers placed on 29th Court – Addresses on 28th and 29th Streets Containers placed on 30th Place – Addresses on 29th and 30th Streets Containers placed on 31st Place – Addresses on 30th and 31st Streets Containers placed on 32nd Place – Addresses on 31st and Longfellow Avenue Containers placed on 33rd Place – Addresses on Longfellow and 33rd Streets Containers placed on 34th Place – Addresses on 33rd and 34th Streets Containers placed on Homer Street – Addresses on 34th and 35th Streets Between Manhattan Ave and Valley Drive Containers placed on 31st Place – Addresses on 30th and 31st Streets Containers placed on 32nd Place – Addresses on 31st Street and Longfellow Avenue Between Manhattan Avenue and Highland Avenue Containers placed on 34th Place – Addresses on 33rd and 34th Streets Between 22nd Street and 24th Street Containers placed on Beach Drive – Addresses on Hermosa Drive and The Strand May 24, 2013 City of Hermosa Beach EXHIBIT 11 DOWNTOWN COMPACTOR FACILITY SERVICE AREA May 24, 2013 City of Hermosa Beach EXHIBIT 12 NOTARY CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ) ss: On _______________ before me, ______________________(name), ______ (title), personally appeared__________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) Notary Public City of Hermosa Beach July 30, 2016 Subject: Recent Concerns of Refuse Compactor Area South of Pier Plaza Dear Businesses, Public Works and Code Enforcement have received complaints regarding the dumping of trash in the gated area around the trash/refuse compactor that is operated by Athens. It has been reported that trash is being left outside the compactor and that compactor is not being used. As a reminder, please alert your staff to this concern and make sure the trash from your business is being loaded into the compactor correctly and not dumped in the gated area. Code Enforcement and City staff will be monitoring the area for violators. Citations will be issued if a violation is observed regarding the improper dumping of trash or refuse outside of the compactor. 8.12.320(I) HBMC – Prohibited Activities 8.12.330 HBMC – Littering The City of Hermosa Beach appreciates your cooperation with the matter. Feel free to contact Code Enforcement with any questions or concerns. Respectfully, Justin Edson Code Enforcement Officer C: 310-678-3865 O: 310-318-0235 JEdson@HermosaBch.org Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 Dumping in the Compactor Area September 12, 2015 October 30, 2015 October 31, 2015 February 19, 2016 July 25, 2016 September 24, 2018 March 18, 2019 City of Hermosa Beach January 2, 2019 Owner Business Name Address Hermosa Beach, Ca 90254 Subject: Continuing violations of the use of the City trash compactor and trash collection regulations. Dear Owner; As a business or property owner that uses the trash compactor in Parking lot A, this letter is to inform you that the City of Hermosa Beach has observed the following municipal code violations and prohibited activities related to the use of trash compactor. 1. Dumping of trash on the ground inside and outside of the enclosure area 2. Business employees providing scavengers access to the compactor area 3. Business employees handing trash to trespassing scavengers inside the compactor area 4. Scavengers trespassing and removing materials from the trash enclosure 5. Business employees leaving the compactor enclosure unsecured The Municipal Code that pertains to these activities is outlined below and since your business uses the trash compactor, you are subject to the fines and penalties associated with these activities. 8.12.280 Commercial/industrial--maintenance and placement of containers. Solid waste containers shall be maintained in a clean and sanitary condition by the collector. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector. (Ord. 13-1339 §12, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.16) 8.12.320 Prohibited activities. A. It is unlawful for any person to interfere with the collection, conveyance or disposal of solid waste by the city or its franchisee. B. No person, except the city or a franchised private collector with authorized permit, shall gather, collect or transport solid waste within the city and exact charges for such service. C. It is unlawful to deposit solid waste within or upon another person’s property without the consent of the owner of said property. D. It is unlawful for any property owner or occupant to allow solid waste and debris to be scattered or accumulate upon public rights-of-way abutting his/her property. E. It is unlawful for any person to cause to be placed for collection any solid waste which does not conform to standards set forth in this chapter, or standards set forth in subsequent resolutions. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 G. It is unlawful for any person to scavenge materials from any solid waste container. 8.44.030 Purpose and intent-stormwater and urban runoff pollution control regulations A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal NPDES Permit where the city has jurisdictional authority by: 1. Reducing pollutants in stormwater discharges to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of stormwater and dry weather runoff into the MS4; and 3. Regulating nonstormwater discharges to the MS4. B. This chapter is also intended to provide the city with the legal authority necessary to implement and enforce the requirements contained in 40 CFR Section 122.26(d)(2)(i)(A) through (F) and in the Municipal NPDES Permit to the extent they are applicable in the city, to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and to hold dischargers to the MS4 accountable for their contributions of pollutants and flows. 8.44.060 Prohibited activities. B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, walk street, driveway, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any private plot of land in the city, so that the same might be or become a pollutant or be discharged to or through the MS4. Finally, any violation of any of the above may be cited as a violation of your Conditional Use Permit (CUP) as stipulated below. Be advised that we intend to use the Administrative Citation for CUP violations to address any future violations of the codes noted in this letter. This could lead to a Planning Commission hearing to amend or revoke your CUP. 17.70.010 Permits or variances may be revoked or modified. D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation We appreciate your continued cooperation and compliance with the City’s municipal codes. Please contact the Kristy Morris at (310) 754-3603, if you have any questions. Thanks, Bob Rollins, Building/Code Enforcement Official Cc: Ken Robertson, Director, Community Development Department; Chief Sharon Papa, HBPD; Kristy Morris, Environmental Analyst; ACCT#Customer Name Address Type Qty Size Freq Qty Size Yd Eqv Freq Wkly Mthly 909 SKIN SAVVY MGMNT INC 49 PIER AVE 1 64 0.35 1 0.35 1.5 1112 Yer Cheat'n Heart Tattoo 49 Pier Ave Spc 2F Tatoo Shop 1 64 0.35 1 0.35 1.5 132 BANK OF AMERICA 90 PIER AVE BofA 1 64 0.35 1 0.35 1.5 514232 CITIBANK WEST FSB 81 PIER AVE Citibank 1 64 0.35 1 0.35 1.5 514240 HERMOSA CYCLERY INC 20 13TH ST Bicycle Shop 1 64 0.35 1 0.35 1.5 2369 SUMMT SHADE SPORTS INC 50 PIER AVE Retail 1 64 0.35 1 0.35 1.5 514253 DREAM TRAVLERS INN, INC 26 PIER AVE Business 1 64 0.35 1 0.35 1.5 514244 ROBERT'S LIQUOR 74 PIER AVE Liquor Stores 1 64 0.35 1 0.35 1.5 514242 SPYDER II 65 PIER AVE Surf Shop 1 64 0.35 1 0.35 1.5 514263 PIER SURF 21 PIER AVE Surf Shop 1 64 0.35 1 0.35 1.5 No Acct SURF CITY HOSTEL 22 PIER AVE 2F Hotel 1 64 0.35 1 0.35 1.5 No Acct ISTANBUL HOME 31 PIER AVE Business 1 64 0.35 1 0.35 1.5 514248 TOWER 12(Fenners)53 PIER AVE Restaurant 1 3 6 18 77.9 2058 The Baked Bear 49 PIER AVE Business 1 2 6 12 52.0 1413 CAFÉ BONAPARTE 53 PIER AVE Bakeries 1 2 6 12 52.0 602 GREENBELT CAFÉ 36 PIER AVE 1 2 6 12 52.0 No Acct JUICED 34 PIER AVE share same bin Enclosure 514235 SILVIOS BRAZILIAN BBQ 20 PIER AVE Brazilian Steakhouse 2 3 6 36 155.9 514250 HENNESSEY'S TAVERN INC 8 PIER AVE Restaurants share same bin Enclosure 514258 DRAGON WATERMANS 22 PIER AVE Club 1 3 6 18 77.9 514246 LIGHT HOUSE CAFE 30 PIER AVE Small Restaurants Share saem bin 514270 PALMILLA(Cocina)39 PIER AVE Restaurants 1 3 6 18 77.9 1956 DV IMPERIA INC(ITA Italian)25 PIER AVE Restaurants share same bin No Acct Rebel Republic Social House 73 PIER AVE Bars 1 2 6 18 77.94 1280 Playa Hermosa 19 Pier Ave 1 2 6 12 52.0 1900 SLATERS 50/50 11 PIER AVE 1 3 6 18 77.9 Enclosure 514260 PATRICK MALLOY'S 50 PIER AVE Bars 2 3 6 36 155.9 Enclosure 514261 SANGRIA(American Junkie)68 PIER AVE Small Restaurants 2 3 6 36 155.9 514252 GOOD STUFF ON THE STRAND 1286 THE STRAND Small Restaurants 1 2 6 12 52.0 Enclosure 514267 SHARKEEZ 52 PIER AVE Restaurants 1 3 6 18 77.9 514273 THE DECK HERMOSA 1272 THE STRAND Small Restaurants 1 2 6 12 51.96 TOTAL 18 12.00 292.20 1,265.23 Enclosure Lot B Bin Service Barrel Service Yards Trash Locations 0 100 20050Ft Imagery: LAR-IAC 5 (Spring 2019) This is a proprietary dataset provided courtesy of the Los Angeles Region Imagery Acquisition Consortium (LAR- IAC) and Pictometry International Corp. Pier Plaza - Trash Locations City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 1 October 22, 2019 Business Name Address Hermosa Beach, CA 90254 Subject: Meeting to Discuss Proposed Changes to Trash Collection Practices and Removal of Trash Compactor in Parking Lot A This letter is to inform you that the Hermosa Beach City Council will consider a proposal at an upcoming City Council meeting to modify trash collection practices for your business. Due to ongoing issues of cleanliness of the trash compactor area, City staff has explored a number of alternatives with Athens Services. Since implementing the compactor service in August 2015, City and Athens Services employees have observed the following unacceptable, unsightly, and unhealthy practices related to the use of trash compactor: 1. Dumping of trash on the ground inside and outside of the enclosure area. 2. Scavengers trespassing and removing materials from the trash enclosure. 3. Business employees leaving the compactor enclosure unsecured. If approved by the City Council, Athens and the City will work with each business to transition from the single compactor to multiple smaller trash collection f acilities located in convenient locations closer to your business. This transition will involve new trash rates for each business, instructions on proper use and maintenance, and strict adherence to municipal code policies related to trash disposal, scavenging, and securing the trash enclosures. These changes will also include the new State-mandated organics (food waste) collection program that Athens Services will be providing to businesses required to meet this mandate. We are hosting a meeting at City Hall (1315 Valley Drive, Hermosa, CA 90254) in our City Council Chambers on Wednesday, November 6th at 3:00pm to discuss this matter. This brief meeting will discuss our proposed changes, get your feedback, and talk of next steps. Please RSVP with me at dkrauss@hermosabch.org or 310-750-3603 Sincerely, Doug Krauss Environmental Programs Manager City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 2 December 2, 2019 Owner Business Name Address Hermosa Beach, CA 90254 Subject: Proposed Changes to Trash Collection Practices and Removal of Trash Compactor in Parking Lot A Dear Owner; As a business or property owner that currently uses the Trash Compactor in Parking Lot A, this letter is to inform you that the Hermosa Beach City Council will consider a proposal at their December 17, 2019 meeting to modify trash collection practices for your business. Since implementing the compactor service in August 2015, City and Athens Services employees have observed the following unacceptable, unsightly, and unhealthy practices related to the use of trash compactor: 1. Dumping of trash on the ground inside and outside of the enclosure area. 2. Business employees providing scavengers access to the compactor area. 3. Business employees handing trash to trespassing scavengers inside the compactor area. 4. Scavengers trespassing and removing materials from the trash enclosure. 5. Business employees leaving the compactor enclosure unsecured. The City has been seeking better cooperation from local businesses that benefit from the use of this compactor to address these problems for several months with little progress. In addition, the practices identified are also Municipal Code violations as set forth in the City’s letter to you dated January 2, 2019 (copy attached). Due to the nature of the compactor service, it has been difficult, if not impossible, to discern and hold responsible parties accountable. An invitation was mailed to you in mid-October for a meeting held November 6 to discuss the proposed changes. Consequently, staff is recommending the removal of the Trash Compactor in Parking Lot A, (with an effective date of February 1, 2019). If approved by the City Council, Athens and the City will work with each business to transition from the single compactor to multiple smaller trash collection facilities located in convenient locations closer to your business (see attached map). This transition will involve new trash rates for each business, instructions on the proper use and maintenance, and strict adherence to municipal code policies related to trash disposal, scavenging, and securing the enclosures by each business. City of Hermosa Beach Page 2 of 2 Athens Services will continue to work with each business to verify trash volumes and adjust bin sizes and collection frequency according to your business needs . We appreciate your continued cooperation as we implement solutions to make our downtown Hermosa Beach plaza area a regional destination and a point of local pride. For questions regarding the changes to trash collection services please contact Douglas Krauss, Environmental Programs Manager at dkrauss@hermosabch.org or (310) 750-3603. For any questions about Municipal Code Compliance or if you witness trash disposal problems or violations occurring please contact Bob Rollins, Chief Building Official at brollins@hermosabch.org or (310) 318-0235 Thank you for your attention to this matter, Douglas Krauss Environmental Programs Manager Cc: Community Development Director Ken Robertson; Acting Police Chief Milton McKinnon; Public Works Director Marnell Gibson Attachments: • Previous Letter to Pier Plaza Businesses – Dated January 2, 2019 • Map of proposed trash locations City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0042 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 HERMOSA BEACH LOGO REFINEMENT UPDATE (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) Recommended Action: Staff recommends that the City Council: 1.Select one of the two logo refinement options prepared by Daniel Inez; and 2.Provide feedback on the selected logo option for staff and the design team to develop a style guide that articulates the graphic standards and proper use of logo and other brand elements. Executive Summary: The City of Hermosa Beach has embarked on a refresh of the City’s logo to create a unified set of images,graphics,and visual style to represent the City of Hermosa Beach consistently as an organization and as a community.The process included a call for artist concepts in June 2018 in which the City received 48 submissions.The process was narrowed down to four finalists and presented for City Council consideration in August 2019, in which designer Daniel Inez was selected as the contest winner. Daniel Inez has since entered into a professional services agreement to provide graphic design services to the City including refinement of the logo based on City Council direction and development of a style guide.Two refined logo options with rationale for each option have been prepared and are presented as Option A and Option B, for discussion and selection of a concept prior to development of the style guide. Option A Option B City of Hermosa Beach Printed on 1/23/2020Page 1 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Background: History/Evolution of Hermosa Logo and Seal The City of Hermosa Beach currently has both a logo and a seal,but does not have an officially adopted set of fonts or color palette to consistently distinguish the City. The current City seal was designed by Mr.and Mrs.John T.Hales and adopted by the City Council on May 5,1964.The new seal was developed through a community competition in conjunction with the dedication of City Hall in 1965. The current City “logo”was developed in 1968 and has,with some variation,been used on City gateway signs and street signs.The logo was built off the seal with the Hb lettering and was designed to represent the Vetter Windmill,or a sunburst,with a pair of seagulls.Prior to 1964,Hermosa Beach had a logo and seal that was adopted in 1923 and depicted the waves of the beach and the building previously located at the pier head and included the previous City slogan-the Aristocrat of the California Beaches. There are also several modified,spinoff,or special use logos presented below that have been used by the City of Hermosa Beach over the years.To celebrate the centennial of Hermosa Beach in 2007,a new seal and logo were developed in 2006.The seal was designed by former Public Works Director Rick Morgan and graphic designer Michael Thompson to depict 100 years of beach culture with the pier,a lifeguard tower,a surfboard,and beach volleyball.The second piece was the centennial logo that was used for banners and marketing efforts and was designed by local South Bay graphic designer and Hermosa Beach native, Chris Davis. Other spinoff versions of logos used by the City either currently or in the past typically include a variation of the windmill design,the signature capital ‘H’/lowercase ‘b’combination,and elements of the sunburst, waves, or palm trees. City of Hermosa Beach Printed on 1/23/2020Page 2 of 8 powered by Legistar™ Staff Report REPORT 20-0042 February 2018 Branding + Signage Study Session In February 2018,the Hermosa Beach City Council held a study session to discuss the City’s signage and branding,including the history of the City’s seal and logos,current use of graphics,and signage/branding needs for the future.The staff report and presentation from that meeting are included as Attachment 1. The goal,as noted at the 2018 Study Session,is to create a unified set of images,graphics,and visual style to represent the City of Hermosa Beach consistently as an organization and as a community.In the case of a government organization or agency,it is common to have a City seal,to denote official city organization materials and communications,and a logo,to represent or highlight the larger community. The City seal is often presented on letterhead,business cards,and to certify official documents such as resolutions or proclamations,while the logo may be used for signage around the City,sponsorship of events or programs, and general marketing of the City. At that February 2018 study session, the City Council recommended: 1.A refresh of the City’s logo that maintained key character-defining elements of the current logo; 2.A call for artists through a logo contest would be the preferred method for developing the concepts of a new logo; and 3.Caution about making changes to the City seal,but open to some updates to the icons located within the Hb, and some color changes to bring consistency between the logo and seal; 4.Establishment of consistent standards to distinguish official City communications and to protect the City’s visual identity from modification or use without permission of the City. City of Hermosa Beach Printed on 1/23/2020Page 3 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Logo Refresh - Call for Artists Process In June 2018,the City released a call for artists to submit designs that refresh the City of Hermosa Beach logo (Attachment 2).The call for artists articulated the City’s goal for updating the branding,the process for selecting a winning design,and provided examples of the City’s current palette of signage and logos. The contest was open for submissions for approximately six weeks and a total of 48 entries were received. Upon submission,City staff reviewed the entries based on the following criteria,which were articulated in the call for artists: ·Representation of Hermosa Beach heritage/culture ·Distinctive or Unique Design ·Legibility (ease with which a reader can recognize) ·Contemporary/Current Design ·Transferability/Versatility to fit the needs of the City Staff narrowed the entries down from 48 to 16 logos based on the listed criteria and then convened a group of stakeholders to review the 16 entries using the same criteria. Staff identified a diverse group of community stakeholders representing different interests and invited a group to assist with narrowing down the field of entries.The group met on two occasions to review the entries and at their first meeting narrowed the entries to four artists (five entries),but also asked the four artists to submit revised designs based on the feedback of the group.Staff reached out and met with those artists to provide feedback specific to the entries,as well as overall feedback applicable to each of the entries and within a few weeks’,each of the artists’submitted revised designs.In March the group of stakeholders reconvened to review the revised entries and recommended to staff three artists (four entries) to be considered by the community and City Council as finalists for the logo entry contest. To facilitate community input in the process,staff posted the materials from each finalist online and created a survey for the community to rate each of the finalist designs and provide constructive feedback on the favorite options.Each finalist took feedback provided online through social media and offered refinements to their designs. Refined Finalist Logo Contest Designs City of Hermosa Beach Printed on 1/23/2020Page 4 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Logo Designer Selection In August 2019,City Council selected the designer of Option 2,Daniel Inez,as the winner of the logo refresh contest and directed staff to award the $1,000 cash prize and work with Daniel to develop a scope of work/budget and enter into a contract to develop a style guide and signage program for the City. At the August 2019 meeting,Council provided feedback on elements from the selected design and directed staff to work with the designer on preparing some logo refinements prior to development of the style guide. Discussion: The direction from City Council at the August 2019 meeting included a request to provide two options of the refined logo,with one design remaining closer to the current City logo and a second option that provides a refreshed look to the logo that honors the character of the existing logo. In October 2019,the City and Daniel Inez entered into a contract in the amount of $22,800 for consultant support in the refinement of the logo options and development of a style guide based on the selected logo.Staff and Daniel Inez have worked together over the last few months to prepare these refinements, which are provided as Attachment 3 as Option A and Option B and described briefly below. Option A Key Changes Ø The seagulls were removed allowing for the logo to fit into a conforming circle. Ø Smaller rays were added and extended towards the center for balance + consistency. Pros: ·Familiarity; it’s not much of a deviation from the current logo. Cons: ·It’s not enough of a deviation from the current logo to be considered something new. ·Keeping the logo all yellow limits its use to darker background for maximum visibility. City of Hermosa Beach Printed on 1/23/2020Page 5 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Option B Key Changes Ø The seagulls were removed allowing for the logo to fit into a conforming circle. Ø Smaller rays were added and extended towards the center for balance + consistency. Ø Addition 2-color ocean element. Ø Orange Hb for high visibility. Pros: ·It reflects key elements of the current logo. ·The colors allow it to live with the city seal. ·Provides opportunities to bring a range of color into a design system for branding and signage. Cons: ·The refined elements are a visible change from the variations of the current logo,and therefore may be met with skepticism by some in the community. Staff recommends that Council select one of the two options presented for staff and the designer to move forward with in the development of a style guide for the City. Style Guide Outline Design Values + Vision The Style Guide provides a comprehensive foundation of graphic standards for proper presentation of the visual identity for the City of Hermosa Beach.Use of the Style Guide improves communication by ensuring consistency within an organization and enforces best practices by guiding designs to a quickly recognizable professional outcome. City of Hermosa Beach Printed on 1/23/2020Page 6 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Brand Elements Ø Official Symbols Ø Graphics and Icons Ø Color Palette Ø Tagline Ø Typography/Fonts Ø Size and Clearance Space Ø Logo Variations and Sub-Brands Brand Application Ø Use of City Seal and Logo Ø Incorrect Uses Ø Use Policies Ø Licensing Agreements Brand Implementation Ø Publication Planning Ø Document Templates Ø E-Mail Signatures Ø Signage (conceptual) Ø Uniforms, Apparel, and Merchandise Brand Standards Ø Graphic Style Guidelines Ø Writing Style Guidelines Ø Iconography and Photography Ø Maps and Illustrations Ø Charts, Graphs, and Tables Ø Web Guidelines Ø Print and Publication Standards General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.An update to the City’s logo and development of a branding style guide and signage program,and the involvement of the community in the process,supports several PLAN Hermosa goals and policies from the Governance and Land Use + Design Elements that are listed below. Governance Element ·1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process. ·2.1 Multiple outreach methods.Consistently engage in community outreach through neighborhood forums,social media,the latest technologies,personal interaction,and other methods on a regular basis. City of Hermosa Beach Printed on 1/23/2020Page 7 of 8 powered by Legistar™ Staff Report REPORT 20-0042 Land Use + Design Element ·4.4 Unique architectural design.Encourage the use of unique architectural features,facades, and outdoor spaces within Gateway Commercial developments to signify arrival to Hermosa Beach. ·5.4 Unique brand and identity.Promote citywide identity with the addition of gateway signs, monuments,or other features to key entrances (especially to the east and north)that display the City’s name and identifies the area as a distinct place. ·11.4 Unique gateways.Celebrate the unique gateways to Hermosa Beach by enhancing them with the work of artists. ·11.5 City leadership in public art.Embrace a leadership role in facilitating public art and public art partnerships with City Departments, private developers, and arts and cultural organizations. Fiscal Impact: There is no fiscal impact associated with the recommendation action.The City has already entered into a contract with Daniel Inez for graphic design services in the amount of $22,800 using funds appropriated in the 2019-20 Budget. Attachments: 1.Link to February 2018-Study Session Staff Report and Presentation 2.June 2018-Hermosa’s Next Logo: Call for Artists 3.Refined Logo Options A and B Respectfully Submitted by: Leeanne Singleton, AICP, Environmental Analyst Concur: Nico De Anda-Scaia, Assistant to the City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 1/23/2020Page 8 of 8 powered by Legistar™ City of Hermosa Beach New Logo Call for Artists 1 Submit your creative ideas and help the City of Hermosa Beach refresh our logo. Submission info and updates will be posted on the city website: http://www.hermosabch.org/logorefresh Deadline to submit your entry has been extended to July 31, 2018 Introduction The City of Hermosa Beach will soon undertake several efforts and initiatives that rely upon the graphics and branding of the City including an overhaul of the City website, upgrading or installing new gateway signage and corridor enhancements, and updating signage at civic facilities and parks. Hermosa Beach also has a desire to establish and provide consistent standards to distinguish official city communications and to protect our visual identity from modification or use without permission of the City. With that in mind, the City is inviting local artists to submit designs to refresh the City logo that can be used for both small print, digital, and large-format signage purposes. The goal is to create a unified brand that can be replicated and expanded across various platforms through a set of images, graphics, and visual style to represent the City of Hermosa Beach consistently as an organization and as a community. The winner of this contest will be awarded a $1,000 cash prize and recognized at a City Council meeting. If the artist of the selected design holds the professional qualifica tions necessary to create a formal signage program for the City, the City may elect to enter into a paid professional services agreement with said artist, however, professional qualifications are not necessary in order to submit artwork. All required elements, file format, and submission deadlines are provided in this document. Eligibility/Qualifications All artists are encouraged to apply, including amateur, professionals and artistic and educational institutions. Priority may be given to those who live or work locally. Artists under the age of 18 must have a parent or guardian provide legal consent as part of the submission. Artists are not required to be a resident of Hermosa Beach, but should have ties to and familiarity with Hermosa Beach/South Bay, and able to participate in presentations to staff, the community, and City Council. Artists that submit artwork and are interested in working with the City in a professional capacity to develop a formal signage program should include a resume or CV (no more than two pages) with their submission of artwork. City of Hermosa Beach New Logo Call for Artists 2 It is highly recommended that artists familiarize themselves with current branding elements and styles found throughout Hermosa Beach. Existing Graphics and City Council Direction History of logo, seal, slogan The City of Hermosa Beach currently has both a logo and a seal, but does not have an officially adopted set of fonts or color palette to consistently distinguish the City. A brief description of both the current seal and logo are provided below. In the case of a government organization or agency, it is common to have a City seal, to denote official city organization materials and communications, and a logo, to represent or highlight the larger community. The City seal is often presented on letterh ead, business cards, and to certify official documents like resolutions or proclamations, while the logo may be used for signage around the city, sponsorship of events/programs, and general marketing of the city. <<< Current City of Hermosa Beach Seal The current City seal was designed by Mr. and Mrs. John T. Hales and adopted by the City Council in 1964. The seal was developed through a community competition in conjunction with the dedication o f City Hall. The Seal incorporates prominent elements of the community such as recreational activities, housing, and the ocean and sunshine. Current City of Hermosa Beach Logo >>> The current City logo was developed by city staff in 1968 and has – with some variation - been used on City gateway signs and street signs. The logo built off of the seal with the Hb lettering, and was designed to represent the Vetter Windmill (or a sunburst) with a pair of seagulls. Prior to 1964, Hermosa Beach had a logo/seal that was adopted in 1923 and depicted the waves of the beach and the building previously located at the pier head and included the previous City slogan – the Aristocrat of the California Beaches. Hermosa Beach currently uses the slogan of “best little beach city.” There are also several modified, spinoff, or special use logos that have been used by the City of Hermosa Beach over the years. To celebrate the centennial of Hermosa Beach in 2007, a new seal and logo were developed and were meant to be used only during the centennial year. Summary of City Council Direction from February 7, 2018 Study Session On February 7th, Council held a Study Session dedicated to City branding and signage. Staff provided an overview on the history of City Logos and Seals, described the color, typography, and iconography elements that make up a brand, defined the types of signage that cities typically use, and provided a series of questions for Council to discuss on how they would like to proceed with updates to the City brand and signage. Council discussion on the topic included: • Scale of Changes – Council is open to a refresh of the City logo so long as some elements of the existing logo are retained or updated (i.e. it should not be a completely new concept). City of Hermosa Beach New Logo Call for Artists 3 For the City seal, Council was cautious about making changes but open to some updates to the icons located within the Hb, and some color changes to bring consistency between the logo and seal. Submissions should focus on updating the logo, but may want to consider colors for a new logo that could also be appropriate for updating the seal. • Graphic Design Support – For graphic design support, Council is interested in soliciting concepts from local artists that would be reviewed by staff and presented to th e community for input. Based on the input, a single artist would then be selected and engaged in a contract with the City to further refine the concept and develop a signage program. • Community Engagement – In addition to an artist call for concepts, oppor tunities for the community to provide feedback on graphic updates will include a town hall event where concepts will be displayed and an online forum for those that can’t make it in person. • Work Products/Outcomes – Council directed staff to first focus on creating a style guide to ensure consistent use of city graphics before establishing priorities for different types of signage. It is highly recommended that artists review the meeting materials and discussion of the meeting prior to the submission of artwork. Meeting materials and video can be found at the following link: http://hermosabeach.granicus.com/MediaPlayer.php?view_id=6&clip_id=4626 Submission Requirements Please read the submission requirements carefully to ensure all required components are submitted. Failure to follow submission requirements may result in disqualification. Submission Elements The following items must be submitted: 1. Contact Information – submissions must include the name, email, phone number, and address of the submitter. 2. Artwork – submissions MUST include the proposed logo design, which may be hand-drawn, photo image, or digital vector files. Submissions may include any of the following: color variations of the logo, a title block (City of Hermosa Beach); the city slogan (best little beach city); or the year of incorporation (1907). 3. Description of Design – submissions must include a brief narrative description of the design elements, inspiration of the design, and other details that explain the design. This shall be no more than 1,000 characters (roughly one page). 4. Acknowledgement of Contest Rules – submissions must include an acknowledgment of contest rules and requirements and approval of submission by parent or guardian for those under 18 years of age. 5. Resume/CV/portfolio (optional, not required) - If the artist of the selected design holds the professional qualifications necessary to create a formal signage progr am for the City, the City may elect to enter into a paid professional services agreement with said artist. Artists interested in potential professional design work should submit a resume/CV or a portfolio/link to their work (no more than 8 pages). Original artwork When designing a logo, entrants should take care to ensure that their designs are not similar and do not bear likeness to any existing logos or any other copyright or trade -mark protected images, City of Hermosa Beach New Logo Call for Artists 4 elements or symbols. All designs and source images must be the original work of the person submitting the entry. No clip art, third-party or copyrighted images may be submitted. File Format Entries may be hand-drawn, photo images, or digital vector files, but must be submitted electronically. Submissions must not exceed an 8.5” x 11” file and artwork should be able to be reduced to 1.25” x 1.25” for use in small format printing. Submissions must include all required materials. The city reserves the right to modify any design submitted and failure to follow submission requirements may result in disqualification. Submission Instructions and Deadline Artists interested in submitting logo designs for consideration must submit all artwork electronically through a submission form no later than 11:59 PST on July 20 31, 2018. (Extended from July 20 to July 31) The Submission form can be found at: http://www.hermosabch.org/logorefresh Submissions may also be directly uploaded here. The City reserves the right to extend the submission deadline if, in the City’s sole judgment, an extension would be in the City’s best interests. If the deadline is extended, any proposer who has already submitted will have the opportunity to revise the design, if desired. Artwork Selection + Award Selection Process The City will review artwork submissions and select a design using the steps outlined in the graphic below. It is anticipated that this process will take between two and three months from the time artwork is submitted to selection of the winning design by the City Council. Selection Criteria While design review is often a subjective exercise, City staff, the community, and decision-makers will utilize the following criteria in evaluating submissions and selecting a winning design: Representation of Hermosa Beach heritage/culture Distinctive or Unique Design Legibility (ease with which a reader can recognize) Contemporary/Current Design Transferability/Versatility to fit the needs of the City Submission of Concepts by Artists Review/Selection of Finalists by City Staff Presentation of Finalists to Community Selection of Winning Design by City Council City of Hermosa Beach New Logo Call for Artists 5 Disqualification Submissions will be ineligible if they contain the following: • A breach of intellectual property—any work or content that is not the artist’s • Trademarks, brands or business names, logos or copyrighted images • Anything that is harmful to a third party or that promotes: violence or illegal activity; obscene, sexually suggestive, vulgar, or profane images; a political candidate, political party, initiative, referendum, ballot measure; or implies an endorsement by the City of Hermosa Beach for any person, product, or service. Award The winner of this contest will be awarded a $1,000 cash prize and recognized at a City Council meeting. If the artist of the selected design holds the professional qualifications necessary to create a formal signage program for the City, the City may elect to enter into a paid professional services agreement with said artist, however, professional qualifications are not necessary in order to submit artwork. Ownership of Artwork Submissions All logo entries submitted for the contest will become the property of the city and will not be returned. The City of Hermosa Beach will receive full ownership and rights to all logo artwork submitted, regardless whether the design is selected (Note: this does not apply to artwork submitted as part of a portfolio that may be used to determine qualifications under section 5 of the submission elements). Submitted artwork will be reserved for exclusive use by the City for promotional purposes, promotional materials, including but not limited to posters, brochures, web sites, stickers, banners and apparel and may be copyrighted and/or trademarked by the City. Other Acknowledgements • All costs of proposal preparation shall be borne by the proposer. • The City reserves the right to extend the submission deadline if, in the City’s sole judgment, an extension would be in the City’s best interests. If the deadline is extended, any proposer who has already submitted will have the opportunity to revise the design, if desired. • The City reserves the right to reject all designs that it receives and to refrain from selecting a new logo/seal through this process. Existing City Seal and Logo Variations Current City Seal (1964 – Present) Current City Logo(1968 – Present) Previous Seal/Logo(1923 – 1964) City of Hermosa Beach New Logo Call for Artists 6 Other logos/variations in use by the City and/or community Relevant Graphics to Consider When looking at the City brand, it is important to consider the graphics of other local organizations such as the Chamber of Commerce, the School District, or local businesses. The seal, and logo in particular has been modified or used many times by other local groups as their logo, for artwork, or for merchandise such as hats or t -shirts. It is also important to review the logos and identity of other communities (particularly coastal California cities) to ensure our brand is unique and differentiated from others. This is also an opportunity to look at examples from other communities that have updated their logos or brand to create coordinated sub -brands for departments, neighborhoods, or marketing purposes. Local Organizations and Agencies City of Hermosa Beach New Logo Call for Artists 7 Local Artwork, Products, and Group Logos Logos/Style brand from other nearby and coastal communities City of Hermosa Beach New Logo Call for Artists 8 Coordinated Brands for Cities, Parks, Organizations Other than removing those bat-like seagulls, why change the current logo? Numerous businesses and organizations are actively using a variation of our current logo as their own. We need to create something new that separates ourselves from these businesses and organizations. We need a design that doesn’t stray too far from the past and allows to move forward with new branding and signage. The current logo is not a sun, it’s the Vetter windmill. If that’s the case why is it yellow? Don’t you think a sun and ocean better represent the beach culture of Hermosa than windmill? Hmm, let’s just call it a Sunmill, it can be both. CITY OF HERMOSA BEACH Logo Refresh option a CITY OF HERMOSA BEACH Logo Refresh option a Key Changes > The seagulls were removed allowing for the logo to fit into a conforming circle. > Smaller rays were added and extended towards the center for balance + consistency. Pros > Familiarity, it’s not much of a deviation from the current logo. Cons > It’s not enough of a deviation from the current logo to be considered something new. > Keeping the logo all yellow limits it’s use to a darker background for maximum visibility. A - 1 | CITY OF HERMOSA BEACH This palette consists of colors pulled directly from the official city seal and both the natural and implelmented environment of Hermosa. ORANGE C - 0000 | M - 035 | Y - 085 | K - 000 Sunsets, City Seal, Lifeguard Towers, Bike Racks, and Barricades. TEAL C - 080 | M - 030 | Y - 025 | K - 000 Ocean, The City Seal, Lifeguard Towers, Bike Racks, and Barricades LIGHT BLUE C - 050 | M - 000 | Y - 015 | K - 000 Ocean, Sky, The City Seal, Bike Racks, and Barricades. CITY OF HERMOSA BEACH Color Palette option a YELLOW C - 000 | M - 000 | Y - 100 | K - 010 Sunsets, The City Seal, The Black Ball Flag, Bike Racks, and Barricades. CITY OF HERMOSA BEACHCITY OF HERMOSA BEACH A - 2 | CITY OF HERMOSA BEACH Colorways option a CITY OF HERMOSA BEACHCITY OF HERMOSA BEACH If option a is chosen one of below colorways will be the primary city logo. The remaining colorways can be utilized as options within the city’s new style guide. A - 3 | CITY OF HERMOSA BEACH - LOGO B +W Type option a CITY OF HERMOSA BEACH BEST LITTL E B E A C H CITYBEST LITTL E B E A C H CITYA - 4 | CITY OF HERMOSA BEACH - LOGO Color and Type option a CITY OF HERMOSA BEACH A - 5 | CITY OF HERMOSA BEACH - LOGOBEST L ITT L E B E A C H CITY Dept Variations option a CITY OF HERMOSA BEACH A - 6 | CITY OF HERMOSA BEACH - LOGO option a - Parks and Recreation CITY OF HERMOSA BEACH Logo Refresh option b Logo Refresh option b CITY OF HERMOSA BEACH B - 1 | CITY OF HERMOSA BEACH Key Changes > The seagulls were removed allowing for the logo to fit into a conforming circle. > Smaller rays were added and extended towards the center for balance + consistency. > Addition of 2-color ocean element > Orange Hb for higher visibility Pros > It refelcts key elements of the current logo. > The colors allow it to live with the city seal > Provides opportunities to bring a range of color into a design system for branding and signage. Cons > It’s enough of a deviation from the current logo to differentiate it as something new. This palette consists of colors pulled directly from the official city seal and both the natural and implelmented environment of Hermosa. ORANGE C - 0000 | M - 035 | Y - 085 | K - 000 Sunsets, City Seal, Lifeguard Towers, Bike Racks, and Barricades. TEAL C - 080 | M - 030 | Y - 025 | K - 000 Ocean, The City Seal, Lifeguard Towers, Bike Racks, and Barricades LIGHT BLUE C - 050 | M - 000 | Y - 015 | K - 000 Ocean, Sky, The City Seal, Bike Racks, and Barricades. CITY OF HERMOSA BEACH Color Palette option b YELLOW C - 000 | M - 000 | Y - 100 | K - 010 Sunsets, The City Seal, The Black Ball Flag, Bike Racks, and Barricades. CITY OF HERMOSA BEACHCITY OF HERMOSA BEACH B - 2 | CITY OF HERMOSA BEACH Colorways option b CITY OF HERMOSA BEACH If option b is chosen the 4-color logo will be the primary colorway. The remaining colorways can be utilized as options within the city’s new style guide. B - 3 | CITY OF HERMOSA BEACH B +W Type option b BEST LITTL E B E A C H CITYCITY OF HERMOSA BEACH BEST LITTL E B E A C H CITYB - 4 | CITY OF HERMOSA BEACH Color and Type option b CITY OF HERMOSA BEACH B - 5 | CITY OF HERMOSA BEACHBEST LITT L E B E A C H CITY Dept Variations option b CITY OF HERMOSA BEACH B - 6 | CITY OF HERMOSA BEACH - LOGO option b - Parks and Recreation From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, January 27, 2020 5:10 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Claudia Berman submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 6b) REPORT 20-0042 HERMOSA BEACH LOGO REFINEMENT UPDATE (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) eComment: Option A From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, January 27, 2020 10:34 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Peter Michel submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 6b) REPORT 20-0042 HERMOSA BEACH LOGO REFINEMENT UPDATE (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) eComment: I like the new City Logo designs. I think both designs are nice and look good.The logos represent the City very well. I want to suggest Option B (the color logo) which has the ocean blue in it. Option B is my first choice for approval. City of Hermosa Beach Logo Refresh – Community Input on Options 1 Introduction Following a branding and signage study session, a call for artists process, and announcement of four final design options, in August 2019 the Hermosa Beach City Council selected Daniel Inez as the winner of the logo refresh contest and provided direction to the designer and staff to make minor refinements to the logo. In January 2020, staff and the designer prepared two options based on previous Council direction and included some elements of the colorways, fonts, and potential variations that will be further developed in a style guide once Council selects one of the two options. To facilitate community input in the process, staff posted the two options online and posted the materials on social media with the community having the opportunity to rate each of the designs and provide constructive feedback on the favorite options. The materials from this entire process, including the rationale for why a change is needed can be found on the City’s website at: http://www.hermosabch.org/logorefresh. The community responded with their input with more than 1,000 taking the time to watch the Instagram Stories and dozens of feedback-focused comments provided on the City’s Instagram and Facebook posts regarding the topic. A summary of the online survey and social media feedback are provided below. E-Comments Submitted Instagram Post + Stories The options were provided on Facebook and Instagram including a polling option within the Instagram Stories function. Below are screenshots of the results from the Instagram Stories. In total more than 1,000 people viewed the stories and 169 rated Option A with an average answer of about 4 out of 10, and 440 people rated Option B with an average answer of 9 or 9.5 out of 10. The Instagram post reached a total of 3,400 people and generated 9 comments. Instagram Post Comments 1.Love it! 2.Great job guys. The refresh looks amazing! 3.Kewl HB flag 4.Ver nice! Lively 5.Love it! 6.That’s it! No need to ever change it 7. @wearem1sk “100” 8.Applause 9.Definitely this one 1/28/20 AGENDA, ITEM 6b - HERMOSA BEACH LOGO REFINEMENT UPDATE SUPPLEMENTAL INFORMATION SUBMITTTED BY THE CITY MANAGER'S OFFICE ON 1/28/20 AT 3:00 P.M. City of Hermosa Beach Logo Refresh – Community Input on Options 2 Option A Comments 1. Nope too plain 2. No 3. I love our russet and gold colors. It’s nostalgic and living here my entire life I prefer it 4. It looks like an eye ball with retina veins and liver damage 5. Very full 6. Boring 7. B is easier on the eyes, therefore easier to read 8. The orange and blue colorway is too similar to Manhattan Beach’s new logo 9. Busy and plain 10. Neat 11. If it ain’t broke… 12. This one is so plain 13. I like both, but love the traditional look of this one 14. Seriously? How is this a finalist. Mustard yellow boring logo. I hope you didn’t pay for this 15. Dislike the monochromatic style 16. This one feels kind of plain and boring. City of Hermosa Beach Logo Refresh – Community Input on Options 3 Option B Comments 1. Go with more color options to give a primary, secondary, and support color 2. B 3. Yes! Eye catching! 4. Loving this one! 5. It has to be this with the ocean represented 6. This one- but with an upper case “B”. We say it, and spell Beach! 7. This logo represents the best out of the two! Waves and sun! 8. It’s nice having more color 9. No 10. Love this version. It compliments the original but feels fresh and current 11. Yes! 12. The colors aren’t bad but also reminds me that we’re not the same little beach community 13. It’s so perfect, it looks like it’s already been the logo forever! Fits our beach city to a T. 14. Love it 15. Much more appealing to the eyes! Colorful and playful. 16. Love it! Maybe consider extending the top ocean bar across the circle so the sun sets behind it City of Hermosa Beach Logo Refresh – Community Input on Options 4 17. I like both but this feels fresh 18. I def prefer this one, but wish the sun wasn’t in front of the horizon. Doesn’t make sense 19. It’s still missing an icon that says Hermosa. You’re missing the light in the center. 20. I love the colors and feels updated but still authentic. 21. I think Option B represents Hermosa Beach the best with the sea and the sun 22. Option b!!!!! 23. I like the additional color, the gold is a great complement too 24. Let those heathens in Manhattan be monochromatic. This is Hermosa! We’re colorful 25. The different colors stand out 26. THIS 27. B 28. The little sun rays make this really busy and are distracting. I think it should be simplified 29. Colors!! 30. I love the vintage feel of Option A, but I feel Option B reflects modern-day Hermosa better 31. Yeet 32. Love option B 33. B plz 34. Love this! 35. It’s bright, airy and enjoyable. Like HB itself. This really shouldn’t be a question. 36. Love it! 37. More colors are better. Ocean feature is very relevant to the city 38. Well balanced design. Light and cheery yet bold enough to get the point across 39. The color pop makes it more appealing… after all HB is all about the blue ocean 40. B all the way 41. I LOVE this one! I know it’s not SUPER different from, but I love the ocean part!! 42. Definitely 43. I love the color! Facebook Post + Stories A link to the website was provided in a Facebook post that encouraged followers to review the materials either on the website or through the Facebook stories and provide their feedback. Just over 50 people viewed the entire story on Facebook, but there were no interactions or comments provided through the Stories. The post reached 2,100 people with 118 people clicking the link to the website and generating 16 comments. Facebook Post Comments 1. Another one? So this is becoming a thing every year? Your excuse last year was that it had to match all of the stationary. Now your changing it again? How much is this costing the tax payers? Or are you having another fundraiser? VOTE THE KOOKS OUT!!! 2. In person, B looks too "busy" when it is done in all one color. It only reads as sun and ocean when done in color. This limits its uses. If we can't keep the old logo with the seagulls, I think A is the most flexible and simple yet clear. 3. I'm not a resident but I love option B. The city seal is outdated and the new logo better represents the vibrant community you are! 4. Love the history of the current logo. New logos feel like there isn’t any substance 😕😕 5. I understand why The City needs the logo to have official and consistent font and colors. Those could be design tweaks. I don't think The City has done a good job explaining why we need to eliminate the seagulls and substantially change the current iconic logo that we've had for the last 52 years. City of Hermosa Beach Logo Refresh – Community Input on Options 5 I understand that it could be easier to have it all fit in a "conforming circle" for Instagram or patches or whatever, but I don't think that's a good enough reason to change it. If there's a better reason, I'd like to hear it. I also think the final choice between the current logo and the 2 new proposed choices should ultimately be decided by the residents, not the City Council. It would be easy enough to do an online survey. I'll say again to The City what I said last year... Imagine if you (and maybe your parents too) grew up in Hermosa with the iconic 1968 logo that you loved and symbolized your home town. Then a new City Council with people who didn't grow up here, came in and decided to change your hometown logo. Imagine the uproar if a new Dodger owner bought the team and changed that iconic LA logo. One last thing...kudos for the selection of Daniel Inez as the artist. Couldn't have made a better choice. If the logo changes, it will be some consolation that it was his design. 6.Danny Inez is a wonderful Hermosa beach artist. His design is great!! 7.Really odd to me that the city would change the logo when so many people love the regular logo. Most cities would kill to have a logo that people love so much. 8.looks great 9.How about not change it. 10.Why does this feel like Brexit -no one actually wants it but the process has been started so we've gotta finish it? 'A' is closest to the current one, so its the lesser of 2 evils. 11. Since there are 2 options, can you put both options in the picture on the post? Most people don't click to read more. thx! 12.Option A please! 13.Both scream shades of pea soup! 😳😳😳😳😳😳😳😳😳😳😳😳 14.B. but I love the current one 15.At first I thought it said H D, then Hb, ... of the 2... I guess B 16.Why is it changing? Seriously, there are bigger issues that need attention 17.option B:) City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0060 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 MAYOR CAMPBELL REPORTS ON HER ATTENDANCE AT THE UNITED STATES CONFERENCE OF MAYORS WINTER MEETING IN WASHINGTON D.C. FROM JANUARY 21-24, 2020 City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0061 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 COUNCILMEMBER DETOY REPORTS ON HIS ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020 City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ League of California Cities 1/22/20-1/24/20 Opening Session: City of Dysfunction Junction - How to Conduct an Effective and Respectful Meeting •Various elected officials and staff performed a skit on how to conduct a council meeting the right and wrong ways. Facilitated by our City Attorney, Michael Jenkins, and his wife, Christi Hogin. Effective Advocacy & Key City Issues •League of California Cities’ legislative team presented their priorities and issues that will serve our city’s interests. Your Legal Powers and Obligations •Basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on the Brown Act Financial Responsibilities, City Revenues •Responsibilities as elected officials in exercising fiduciary accountability and transparency in open government. Discussed the importance of structurally balanced budget and the need for financial policies. Facilitated by Michael Coleman (League Fiscal Policy Advisor - www.CaliforniaCityFinance.com) and Christina Turner (City Manager - Morgan Hill). Policy Role in Land Use Planning •How planning has long term impacts can have on a community’s environment, economic vitality and the physical health of its residents. Learned about general plans, zoning, and the California Environmental Quality Act (CEQA). Facilitated by Mark Teague (PlaceWorks) and Eric Nelson (Planning Commissioner - Dana Point). Your League and How To Use It •Introduction to the League of Cities Leadership and how to use the services they offer. Facilitated by Reva Feldman (City Manager - Malibu), John Dunbar (Mayor - Yountville) and Carolyn Coleman (Executive Director - League of California Cities). Relationship between City Council and City Management •How to have an effective relationship with your city manager, city attorney and staff, where everyone’s values are respected and represented. Facilitated by Pat Martel (ICMA West Coast Regional Director - ICMA), John Dunbar (Mayor - Yountville) and Steven Rogers (Town Manager - Yountville). 1/28/20 AGENDA, ITEM 7b - REPORT ON ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW MAYORS & COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020. SUPPLEMENTAL SUMMARY SUBMITTED BY COUNCILMEMBER MICHAEL DETOY TO THE CITY MANAGER'S OFFICE ON FRIDAY, JANUARY 24, 2020 AT 8:37 P.M. Communications and Civic Engagement • “Do’s and Don’ts” of social media facilitated by Brandon Castillo (Partner - Bicker, Castillo & Fairbanks) and Traci Park (Partner - Burke, Williams & Sorensen, LLP) Census 2020 and the Possible Changes to Legislative District Lines After Redistricting Reform • Wonderful presentation from Paul Mitchell (PDI) discussing changing demographics, voter registration and the impacts on elections. Understanding Public Service Ethics Laws and Principles (AB 1234) • RWG Law - Nicholas Ghirelli and Roxanne Diaz presented training in specified ethics laws and principles. Specifically Political Reform Act, Government Code Section 1090, Public Records Requests and the Brown Act. Joined Manhattan Beach Councilwoman Hildy Stern and met with our State Assemblymember, Al Muratsuchi. We had a great conversation about legislative priorities and the importance of local control in planning and land use. Also met and networked with other local Mayors/Councilmembers including David McGowan (Palos Verdes Estates), Gretchen Shepherd Romey (San Marino), Toney Lewis (Duarte), Michael Allawos (Glendora), Kelly Seyarto (Murrieta) and many others. Michael Detoy City Councilmember City of Hermosa Beach City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0052 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0053 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 28, 2020 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda City of Hermosa Beach Printed on 1/23/2020Page 1 of 1 powered by Legistar™ January 22, 2020 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council January 28, 2020 TENTATIVE FUTURE AGENDA ITEMS MONDAY, FEBRUARY 3, 2020 @ 7:00 PM JOINT MEETING WITH SCHOOL BOARD FEBRUARY 11, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION FEBRUARY 11, 2020 @ 7:00 PM PRESENTATIONS RECOGNIZING HERMOSA BEACH CVS PHARMACY BRANCH MANAGER, JUN PARK LOS ANGELES COUNTY FIRE AND AMBULANCE 4TH QUARTER AND ANNUAL REVIEW CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 7, 2020 Community Resources Manager Ongoing Purchase of Portable Message Board for Police Department Police Chief Staff Request Jan. 14, 2020 Purchase of Public Safety Mobile and Portable Radio Equipment Police Chief Staff Request Jan. 14, 2020 Amendment to the Dial-A-Taxi Service Agreement with South Bay Yellow Co-Op to implement an alternative payment method for riders Police Chief Staff Request Jan. 21, 2020 Amendment to a Consulting Services Agreement between the City and Sagecrest Planning and Environmental for professional planning services. Community Development Director Staff Request Jan. 21, 2020 CONSENT ORDINANCES Second Reading: Text Amendment 20-1, Amendment to Chapter 5.78 “Tobacco Retailers” of Title 5 of the Hermosa Beach Municipal Code to prohibit issuance of new Tobacco Retailer Licenses And the sale of Electronic Smoking Devices and determination that the Amendment is categorically exempt from the California Environmental Quality Act City Clerk Council Direction Jan. 28, 2020 PUBLIC HEARINGS – 7:30 PM Approval of the addition of the following special events to the 2020 Special Event Calendar: • AEG Sports Beach Rugby Los Angeles Invitational, North or South of the Pier (Location TBD) on Friday, February 28, 2020, and • Sand Court Experts Collegiate Fall Classic, North of the Pier Volleyball Courts on Friday, November 6, 2020 through Sunday, November 8, 2020. Community Resources Manager Staff Request Jan. 13, 2020 Emergency Services Municipal Code Update Emergency Management Coordinator Staff Request Jan. 15, 2020 MUNICIPAL MATTERS Approval of the Municipal Lease Policy Community Resources Manager Staff Request Jun. 12, 2018 Leadership Hermosa Beach Class Project Emergency Management Coordinator Staff Request Jan. 21, 2020 Public Records Request Guidelines City Clerk/Assistant to the City Manager Staff Request Oct. 14, 2019 Measure H Grant Acceptance/Beach Cities Memorandum of Understanding Assistant to the City Manager Staff Request MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 2 FEBRUARY 25, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION FEBRUARY 25, 2020 @ 7:00 PM PRESENTATIONS PRESENTATION FROM CITY TREASURER KAREN NOWICKI CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of February 18, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing PUBLIC HEARINGS – 7:30 PM Federal Community Development Block Grant (CDBG) funds for sidewalk curb ramps, authorizing use of CDBG funds for contractors, and granting the public works director authority to submit a notice of completion. Community Development Director Staff Request Jan. 21, 2020 MUNICIPAL MATTERS Midyear Budget Review 2019-20 Finance Director Annual MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 3 WEDNESDAY, MARCH 4, 2020 REVENUE STUDY SESSION MARCH 10, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION MARCH 10, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020 Community Resources Manager Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing MARCH 24, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION MARCH 24, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of January 15, 2020. Public Works Director Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of March 17, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 4 TENTATIVE - SATURDAY, APRIL 4, 2020 CITY COUNCIL REREAT APRIL 14, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION APRIL 14, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 3, 2020 Community Resources Manager Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing WEDNESDAY, APRIL 22, 2020 STUDY SESSION: FY 2020–2021 CAPITAL IMPROVEMENT PROGRAM APRIL 28, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION APRIL 28, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Pro ject Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of April 21, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 5 PENDING STRATEGIC PLAN ITEMS STATUS / TENTATIVE MEETING DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst CCA Direction, Dec. 2016 Environmental Analyst PENDING NEW ITEMS STATUS / TENTATIVE MEETING DATE Consideration of re-establishing, on an as needed basis, both funding and discretion for the director of Public Works to contract services to pump major beach storm outfalls drains prior to anticipated major storm events (supported by Duclos, Armato and Petty) Initiated by: Other Matters Feb. 14, 2017 Public Works Director Policy discussion regarding city responsibilities and expectations when donations are made to city Initiated by: Council Direction May 24, 2017 Finance Director Will be discussed at the Revenue Strategy Study Session Document Retention Policy Initiated by: Staff Request Nov. 28, 2018 City Clerk Pending City Clerk Appointment Consent for use of “Lot B” for construction staging area for Pier/Strand project Initiated by: Staff Request Dec. 17, 2018 Community Development Director On hold per developer Consideration of a potential Municipal Code text amendment to the M -1 Light Manufacturing Zone to consider allowing Cypress District businesses to host openings or events to showcase and offer products fo r sale on a limited basis Initiated by: Council Direction Jul. 9, 2019 Community Development Director Planning Commission to consider code amendment at January 21 meeting, next step will be City Council in February/March Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization) Initiated by: Council Direction Jul. 9, 2019 Public Works Director Add to Revenue Strategy Study Session Hermosa Beach Police Officers’ Association Memorandum of Understanding Initiated by: Staff Request Sept. 9, 2019 Human Resources Manager Final Parcel Map No. 82295 for a two-unit residential condominium project at 1602 Loma Drive. Initiated by: Staff Request Oct. 10, 2019 Community Development Director Pending Coastal Development Permit Memorandum of Understanding with Beach Cities Group for Green Street Funding Initiated by: Staff Request Nov. 20, 2019 Environmental Programs Manager Comprehensive Annual Financial Report (CAFR) (Including Report from Independent Auditor) Annual Item Finance Director City Council Regular Meeting Agenda January 28, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the January 28th Regular Meeting of the City Council. PLEDGE OF ALLEGIANCE Will _____________ please lead us in the pledge of allegiance? ROLL CALL Roll call please. CLOSED SESSION REPORT Mr. City Attorney, will you deliver the closed session report? ANNOUNCEMENTS Do any of my colleagues have announcements? Homeless Count Update "For the sixth year in a row this last Wednesday, our City was host to a group of community volunteers for the annual Los Angeles County Homeless Count. Thank you to our dedicated volunteers for their generous time and effort in helping gather important data that will in turn help guide our local policies and the allocation of resources across the South Bay. Official count results are expected to be released by the County within a few months. For future updates, and if you'd like to learn more about the City's efforts in addressing homelessness in our community, please visit our homeless services page on our City website (www.hermosabeach.gov). We hope you'll consider joining us next year." City-wide garage sale update We'd like to thank the community for coming together and participating in our community- wide garage sale this past weekend. On Saturday, we had 80 families and groups participate by hosting sales and a steady stream of garage sale goers make their way to sales around town. We were thrilled to hear stories through-out the day from participants with successful sales, including the Irish Dance Troop that raised over $1,000 for their team travel. We heard from sellers that they enjoyed getting to meet neighbors and loved when shoppers found just what they were looking for. And finally, we had many folks who were excited to head home to an organized house and garage after dropping off donations to Salvation Army and Hermosa's Friends of the Library following the sale. City Council Regular Meeting Agenda January 28, 2020 Public Health update on Coronavirus The Los Angeles County Department of Public Health is cooperating with the Centers for Disease Control and Prevention to monitor and respond to the current outbreak of the Novel Coronavirus. This is a new strain of coronavirus that hasn’t been identified before in humans. Coronaviruses are normally found in animals but can be spread to humans and can cause diseases of varying severities, ranging from the common cold to more serious respiratory disease. There is one confirmed non-resident case of novel coronavirus in Los Angeles County. The person travelled to the United States and began to experience symptoms. The patient sought medical attention, was diagnosed with the novel coronavirus and currently receiving medical attention. There are no confirmed resident cases in LA County. Despite this case in Los Angeles County, there is no immediate threat to the general public and people should not be excluded from activities based on their race, country of origin, or recent travel if they do not have symptoms of respiratory illness. Los Angeles County residents, students, workers, and visitors should continue to engage in their regular activities and practice good public health hygiene as this is the height of flu season across the County. The incubation period for coronavirus is ranging from 2 to 14 days. Symptoms can include fever, cough, and difficulty breathing. Severe illness complications and outcomes of this virus are still being investigated. For additional information, please visit Los Angeles County Public Health at www.publichealth.lacounty.gov or call 2-1-1. Greg Jarvis Challenger Memorial Today we remember the gallant crew of Challenger 51L including Greg Jarvis of Hermosa Beach – astronaut, athlete, and engineer. On January 28, 1986, the NASA Space Shuttle orbiter undertaking mission STS-51-L and the tenth flight of Space Shuttle Challenger broke apart 73 seconds into its flight, killing all seven crew members: five NASA astronauts, one payload specialist, and a civilian school teacher. Greg’s indomitable spirit is ever with us on The Strand with the Greg Jarvis Challenger memorial located next to Noble Park. City Council Regular Meeting Agenda January 28, 2020 APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0049 INTRODUCTION OF HERMOSA BEACH POLICE OFFICER MATT RUSHTON AND HIS NEW K-9 PARTNER, CHARLIE • City Clerk reads title • Invite Chief McCrary to the podium to introduce Officer Rushton and Charlie • Photo Opportunity with City Council b) 20-0050 HERMOSA BEACH CHAMBER OF COMMERCE REVIEW OF 2019 PROGRAMS AND VISION FOR 2020 We did receive supplemental presentation slides from the Chamber yesterday • City Clerk reads title • Invite Chamber President/CEO Maureen Hunt to podium to give report • Council Q&A MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) 20-0063 UPDATE ON REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) AND HOUSING ELEMENT Attachments: Link to City Information Items webpage b) Sidewalk Sale Madam City Manager, please provide your report. City Council Regular Meeting Agenda January 28, 2020 PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. UNDER ORAL AND WRITTEN COMMUNICATIONS, If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the Council on any items within the Council's jurisdiction not on this agenda, OR items on this agenda as to which public comment will not be taken, OR to request the removal of an item from the consent calendar. Public comments on agenda items called Miscellaneous Items and Reports – City Council and Other Matters, which are at the end of the agenda, will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: Would Council like to pull any items from the Consent Calendar? I’d like to note that we did receive two letters from Howard Longacre for item 2f. Motion to approve the consent calendar? (Move to 5a) a) REPORT MEMORANDUM REGARDING 20-0051 CITY COUNCIL MEETING MINUTES Recommendation:Staff recommends that the City Council receive and file this memorandum. b) REPORT CHECK REGISTERS 20-0043 (Finance Director Viki Copeland) City Council Regular Meeting Agenda January 28, 2020 Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 01-09-20 2. 01-16-20 c) REPORT MEMORANDUM REGARDING 20-0044 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2019 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 Financial Reports. d) REPORT MEMORANDUM REGARDING 20-0055 CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR DECEMBER 2019 (City Treasurer Karen Nowicki) Recommendation:Staff recommends that the City Council receive and file the memorandum regarding the December 2019 City Treasurer's Report and Cash Balance Report. e) REPORT CANCELLATION OF CERTAIN CHECKS 20-0054 (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends that the City Council approve cancellation of certain checks. f) REPORT PUBLIC WORKS PROJECT STATUS REPORT 20-0038 AS OF JANUARY 10, 2020 (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council receive and file the Public Works Project Status Report as of January 10, 2020. Attachments: 1. CIP Status January 2020 2. SUPPLEMENTAL Letter #1 from Howard Longacre (added 1-27-20 at 1pm).pdf 3. SUPPLEMENTAL Letter #2 from Howard Longacre (added 1-27-20 at 1pm).pdf g) REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 20-0037 MEETING OF NOVEMBER 20, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of November 20, 2019. Attachments: Action Minutes 11-20-2019 h) REPORT AWARD OF PROFESSIONAL SERVICE AGREEMENT 20-0046 WITH TOOLE DESIGN GROUP LLC TO PROVIDE CALTRANS SYSTEMIC SAFETY ANALYSIS REPORT (Public Works Director Marnell Gibson) City Council Regular Meeting Agenda January 28, 2020 Recommendation:Staff recommends that the City Council: 1. Award a professional services agreement with Toole Design Group LLC in a not-to-exceed amount of $92,298 to prepare the Systemic Safety Analysis Report and Local Roadway Safety Plan Programs; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached agreement, subject to approval by the City Attorney. Attachments: 1. Request for Proposal 2. Toole Proposal 3. Draft Professional Services Agreement i) REPORT ACTION SHEET OF THE PLANNING COMMISSION 20-0057 MEETING OF JANUARY 21, 2020 Recommendation:Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of January 21, 2020. Attachments: Action Sheet of the January 21, 2020 Planning Commission meeting j) REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 20-0058 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council receive and file the February 18, 2020 Planning Commission tentative future agenda items. Attachments: Planning Commission February 18, 2020 Tentative Future Agenda k) REPORT AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE 20-0010 AGREEMENT BETWEEN SPRINT AND THE CITY OF HERMOSA BEACH TO EXPAND AN EXISTING WIRELESS COMMUNICATIONS SITE WITHIN THE CITY’S MUNICIPAL PARKING STRUCTURE (LOT C-1301 HERMOSA AVENUE) BY APPROXIMATELY 25 SQUARE FEET FOR ADDITIONAL FACILITIES, WHILE INCREASING MONTHLY RENT BY $250.00 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Consent to amend the Wireless Communications Site License Agreement between Sprint and the City of Hermosa Beach to expand the lease area by 25 square feet and increase monthly rent by $250.00; and 2. Authorize the City Manager to execute the agreement. Attachments: 1. Amendment to Wireless Site License and Proposed Plans 2. Original License Agreement 3. PC Resolution 13-5 4. Site Photos City Council Regular Meeting Agenda January 28, 2020 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 20-1404 20-0059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040, CHAPTER 17.21, AND SECTION 17.44.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (City Manager Suja Lowenthal) At the last meeting, staff presented for Council consideration an urgency ordinance to take effect immediately for approximately 30 days and an identical draft ordinance for adoption through the standard practice of first and second readings. Following public hearing the City Council unanimously adopted the urgency ordinance and also introduced on first reading the standard ordinance as presented. The standard ordinance is before Council this evening for waiver of full reading and adoption by title. Recommendation:Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1404. Attachments: Ordinance 20-1404 - ADUs and JADUs 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT TEXT AMENDMENT 20-1 TO AMEND CHAPTER 5.78 “TOBACCO 20-0045 RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF NEW TOBACCO RETAILER LICENSES, THE SALE OF ELECTRONIC SMOKING DEVICES AND PRODUCTS FOR ELECTRONIC SMOKING DEVICES AND DETERMINE THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Continued from meeting of January 14, 2020) (Community Development Director Ken Robertson) We also received a Supplemental memorandum from Director Robertson today Recommendation:Staff recommends that the City Council: 1. Introduce the attached Ordinance to amend Chapter 5.78 of Title 5 of the Hermosa Beach Municipal Code to prohibit the issuance of new Tobacco Retailer Licenses and to prohibit the sale of electronic smoking devices and products for the electronic smoking devices, and determination that the amendment is exempt from the California Environmental Quality Act (CEQA); and 2. Discuss and provide direction to staff regarding process and timing of a potential future ban of all tobacco sales in Hermosa Beach. City Council Regular Meeting Agenda January 28, 2020 Attachments: 1. Draft Ordinance 2. Link to November 12, 2019 City Council Meeting 3. Considerations: Tobacco Sales Restrictions by Ruth Malone, R.N., PhD 4. Letter to Tobacco Retailers 5. Letter and Attachments from BCHD.pdf 6. MUNICIPAL MATTERS a) REPORT AUTHORIZE THE REMOVAL OF THE TRASH COMPACTOR IN 19-0793 PARKING LOT A AND APPROVE INDIVIDUAL AND SHARED CONTAINER SERVICE FOR PIER PLAZA BUSINESSES (Continued from meeting of December 17, 2019) (Environmental Programs Manager Doug Krauss) Recommendation:Staff recommends that the City Council: 1. Authorize the removal of the trash compactor in Parking Lot A; and 2. Authorize Athens Services to implement individual and shared container service for Pier Plaza businesses including the construction of temporary enclosures. Attachments: 1. Franchise Agreement 2. Letter from 2016 3. Photos of Trash Compactor Dumping 4. Letter January 2019 5. Second Amendment to Sweeping Contract 6. Service Levels 7. Map of Locations 8. Meeting Invite 9. Final letter b) REPORT HERMOSA BEACH LOGO REFINEMENT UPDATE 20-0042 (Environmental Analyst Leeanne Singleton & Assistant to the City Manager Nico De Anda-Scaia) • We received Supplemental eComments from Claudia Berman and Peter Michel yesterday. • We also received a Supplemental document with additional Community Input from the City Manager’s office today. Recommendation:Staff recommends that the City Council: 1. Select one of the two logo refinement options prepared by Daniel Inez; and 2. Provide feedback on the selected logo option for staff and the design team to develop a style guide that articulates the graphic standards and proper use of logo and other brand elements. Attachments: 1. February 2018 Study Session Materials City Council Regular Meeting Agenda January 28, 2020 2. Logo Refresh Call for Artists Guidelines 3. Logo Refinements Option A and B 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0060 MAYOR CAMPBELL REPORTS ON HER ATTENDANCE AT THE UNITED STATES CONFERENCE OF MAYORS WINTER MEETING IN WASHINGTON D.C. FROM JANUARY 21-24, 2020 b) 20-0061 COUNCILMEMBER DETOY REPORTS ON HIS ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES NEW COUNCILMEMBERS ACADEMY IN SACRAMENTO, CALIFORNIA FROM JANUARY 22-24, 2020 SUPPLEMENTAL Summary from Councilmember Detoy was submitted yesterday c) 20-0052 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0053 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf ADJOURNMENT Tonight’s meeting will adjourn to Monday, February 3rd at 7pm in the Council Chambers for a joint meeting with the School Board regarding the North School Neighborhood Traffic Management Plan. We also adjourn tonight’s meeting in memory of George Hash (refer to certificate of sympathy) TYPE OF ACTIVITY CURRENT MONTH THIS MONTH LAST FY FY TO DATE LAST FY TO DATE LAST FY TOTAL Building 30 28 244 260 460 Plumbing 21 14 142 148 279 Mechanical 16 11 101 112 210 Electric 16 21 154 170 317 Plan Check 30 20 166 141 232 Sewer Use 0 0 4 8 10 Res. Bldg. Reports 9 7 120 86 179 Parks & Recreation 0 0 0 0 0 In Lieu Parks & Rec 0 0 2 11 17 Board of Appeals 0 0 0 0 0 Sign Review 3 3 16 17 28 Fire Flow Fees 3 3 25 41 67 Legal Determination 0 0 0 0 0 Zoning Appeals 0 0 0 0 0 Temporary Sign 1 2 9 21 29 Gen. Plan Maintenance 3 7 40 65 97 TOTALS 132 116 1,023 1,080 1,925 TYPE OF FEE CURRENT MONTH THIS MONTH LAST FY FY TO DATE LAST FY TO DATE LAST FY TOTAL Building $26,284.04 $42,405.10 $271,138.42 $356,577.20 $567,944.69 Plumbing $4,801.00 $5,067.00 $39,439.00 $42,826.00 $79,398.10 Mechanical $4,362.00 $3,237.00 $26,179.00 $22,744.00 $53,993.30 Electric $4,806.00 $6,309.00 $39,038.00 $45,291.50 $84,707.30 Plan Check $47,709.19 $48,495.08 $207,466.71 $219,836.92 $371,385.43 Sewer Use $0.00 $0.00 $5,994.00 $20,058.00 $21,442.00 Res. Bldg. Reports $2,263.00 $1,722.00 $29,372.20 $19,971.00 $43,341.00 Parks & Recreation $0.00 $0.00 $0.00 $0.00 $0.00 In Lieu Parks & Rec $0.00 $0.00 $12,606.00 $143,113.00 $197,117.00 Board of Appeals $0.00 $0.00 $0.00 $0.00 $0.00 Sign Review $1,949.00 $1,887.00 $10,275.00 $10,011.00 $17,018.00 Fire Flow Fees $883.13 $1,345.61 $5,680.53 $11,266.46 $16,259.55 Legal Determination $0.00 $0.00 $0.00 $0.00 $0.00 Zoning Appeals $0.00 $0.00 $0.00 $0.00 $0.00 Temporary Sign $85.00 $170.00 $765.00 $1,766.00 $2,449.00 Gen. Plan Maintenance $4,785.00 $8,865.00 $53,286.00 $77,160.00 $115,122.00 TOTALS $97,927.36 $119,502.79 $701,239.86 $970,621.08 $1,570,177.37 City of Hermosa Beach Community Development Department FEES COLLECTED NUMBER OF PERMITS BUILDING DIVISION MONTHLY REVENUE REPORT December 2019 ACTIVITY REPORT 1 TYPE OF ACTIVITY CURRENT MONTH THIS MONTH LAST FY FY TO DATE LAST FY TO DATE Radio Calls 5 12 20 61 Citations 2 1 6 6 Citizen Contacts 39 133 537 871 Patrol Checks*23 47 100 418 Short term vacation rentals Cases**0 1 9 59 Smoking 180 266 1,128 1,975 Trash can storage 9 3 78 152 Sign violations 3 5 32 94 Construction 5 7 52 88 Noise 4 2 34 34 Public Nuisance 2 6 36 48 Encroachment 2 17 39 104 CUP Violations 12 25 44 140 Storm water pollution 3 2 21 21 Clean Bay Inspections 0 0 6 6 Styrofoam 0 0 0 0 Plastic bag ban 1 0 2 4 Miscellaneous complaints***14 15 76 215 *Patrol Checks are citywide proactive patrols. **Short Term Vacation Rentals cases are properties receiving citations. ***Miscellaneous complaints are any other violations not listed. TYPE OF ACTIVITY CURRENT MONTH THIS MONTH LAST FY FY TO DATE LAST FY TO DATE Bulding Inspections 169 169 1,466 1,467 City of Hermosa Beach Community Development Department December 2019 CODE ENFORCEMENT ACTIVITIES BUILDING INSPECTION ACTIVITIES Revised October 26, 2020 2 PERMITS DWELLING UNITS VALUATION 1 101 New Single Family Houses Detached 1 1 $507,169.79 2 102 New Single Family Houses Attached 3 103 New Two Family Buildings 4 104 New 3 or 4 Family Buildings 5 105 New 5 or More Family Buildings 6 213 New Hotels/Motels 7 214 New Other Non Housekeeping 8 318 New Amusement & Recreation 9 319 New Churches/Other 10 320 New Industrial Buildings 11 321 New Parking Garages 12 322 New Service Stations/Repair Garages 13 323 New Hospitals/Other Institutional 14 324 New Offices/Banks 15 325 New Public Works/Utility Buildings 16 326 New Schools/Other Educational 17 327 New Stores/Other Merch. Buildings 18 328 New Other Non Residential Buildings 19 329 New Structures Other Than Building 1 $10,000.00 20 434 Add/Alther Dwelling/Pools 18 $257,647.00 21 437 Add/Alter Non Residential 3 $30,500.00 22 438 Residential Garages/Carports 23 645 Demolition - Single Family Houses 1 1 $11,000.00 24 646 Demolition - 2 Family Buildings 1 2 $30,000.00 25 647 Demolition - 3-4 Family Buildings 26 648 Demolition - 5+ Family Buildings 27 649 Demolition - All Other Buildings 28 434/ 437 Solar System (Fees waived if 2 or more systems are installed)5 $48,000.00 TOTAL 30 4 $894,316.79 Total Dwelling Units Added Fiscal Year 2019-2020 (FY) to Date:16 Total Dwelling Units Demolished/Lost FY to Date:16 (see attached list) Total Net Dwelling Units FY to Date:0 LAST THREE FISCAL YEARS FY 18-19 FY 17-18 FY 16-17 Total Dwelling Units Added:48 34 53 Total Demolished/Lost Dwelling Units:41 50 58 Total Net Dwelling Units:7 -16 -5 City of Hermosa Beach Community Development Department December 2019 BUILDING PERMITS ISSUED TYPE OF STRUCTURE 3 ADDRESS TYPE PERMIT DATE PERMIT NO.NO. OF UNITS 3005 Manhattan Avenue Single Family Residence 7/3/19 B19-00252 1 322 11th Street Single Family Residence 7/15/19 B19-00264 1 720 24th Place Single Family Residence 8/1/19 B19-00297 1 1014 10th Street Single Family Residence 8/14/19 B19-00303 1 821 Loma Drive Single Family Residence 8/8/19 B19-00314 1 419 24th Street Single Family Residence 8/21/19 B19-00316 1 241 27th Street Single Family Residence 10/7/19 B19-00393 1 845 4th Street Single Family Residence 10/24/19 B19-00427 1 1121 3rd Street Single Family Residence 11/18/19 B19-00467 1 519 8th Street 2-unit Building 11/5/19 B19-00429 2 2410 Manhattan Avenue 2-unit Building 11/12/19 B19-00458 2 126 30th Street Single Family Residence 12/11/19 B19-00374 1 626 Longfellow Avenue 2-unit Building 12/11/19 B19-00501 2 Total:16 DWELLING UNITS DEMOLISHED/LOST Fiscal Year 2019-2020 City of Hermosa Beach Community Development Department 4 SUBJECT THIS MONTH THIS MONTH LAST FY FY TO DATE LAST FY TO DATE LAST FY TOTAL Appeal / Reconsideration 0 0 2 0 0 Conditional Use Permit (CUP) - Condominiums 1 0 3 3 5 Conditional Use Permit (CUP) - Commercial 1 0 6 2 4 CUP / Precise Development Plan Amendment 1 1 9 4 7 CUP Modification / Revocation 0 0 0 0 0 CUP / Map Extension 0 0 0 0 0 Environmental Impact Report 0 0 1 3 3 Final Map 0 0 2 4 11 General Plan Amendment / Update 0 0 0 0 1 Height Limit Exception 0 0 0 0 0 Lot Line Adjustment 0 0 1 0 1 Precise Development Plan 0 0 3 4 5 Parking Plan 0 1 0 5 5 Vesting Tentative Parcel Map 0 0 0 0 0 Text Amendment 1 0 3 4 6 Transit 0 0 0 0 1 Variance 0 0 1 0 1 Zone Change 0 0 2 0 0 Miscellaneous 5 8 56 50 92 Total Reports Prepared 9 10 89 79 142 Respectfully submitted, Beverly Tuazon Administrative Assistant APPROVED: Ken Robertson, Director Community Development Director City of Hermosa Beach Community Development Department December 2019 STAFF REPORTS PREPARED NOTE: A staff report may be written for one or more of the items listed above but it will be listed and counted only once. PLANNING DIVISION 5 Page 1 of 2 January 2, 2020 Honorable Mayor and Members of the City Council Regular Meeting of January 14, 2020 Department of Community Resources Activity Report for December The Department of Community Resources has the following information to report for the month: HERMOSA FIVE-O SENIOR ACTIVITY CENTER For individuals 50 years of age and above Regular programming continued through the month. The monthly activity calendar can be found at www.hermosabch.org/index.aspx?page=242. There was a total of 596 check-ins throughout the month for the various events and activities. EXCURSIONS Open to all. A Charter Bus Company is used to transport participants to excursion sites from the Hermosa Beach Community Center. On Thursday, December 12, an excursion was held to the “Mission Inn Holiday Light Festival”. 45 people were in attendance. The trip included a guided tour of the world-famous Mission Inn followed by dinner at the Old Spaghetti Factory. COMMUNITY RESOURCES DEPARTMENT EVENTS On Friday, December 20, the Department hosted its fourth annual holiday “Community Movie Night”. This year’s film was “Elf”. Approximately 50 people were in attendance for the movie screening. The event consisted of photo opportunities, light refreshments, themed goody bags for all children, and pictures with Santa Claus. On Saturday, December 7, the Department hosted its annual “Sand Snowman Contest” at 15th and the shoreline. A total of 12 families participated with 50 in attendance. P.A.R.K. AFTER SCHOOL PROGRAM Location: Hermosa Beach Community Center Rooms 4, 14, and 16 Currently Enrolled: 61 VALLEY PARK DAY CAMP Not in season. HERMOSA BEACH SKATE PARK When Hermosa schools are in session: Monday through Friday 3:00 – 7:00pm Saturday, Sunday, Summer Break and School Holidays 12:00 – 7:00pm Current memberships: 99 (Increase of 0 from November Activity Report) CONTRACT CLASSES Fall/Winter 2019-2020 (September 4-March 19) All classes and activities found at https://www.hermosabeach.gov/our-government/recreation-community- resources/register-for-classes FACILITY RESERVATIONS – PRIVATE RENTALS In addition to the private rentals listed below, the City’s Contract Classes take place throughout the following locations, which are listed at the link above • Community Center Rooms: 5, 9 and 10: Yoga Classes, Irish Dancing Classes, Kung Fu Classes, Belly Dance Classes, Access Hermosa, Hermosa Arts Foundation Meetings, Create Dance Classes, Bollypop Classes, HBSCA Meetings, STEMM Class, Book Club, HBFOP Meetings, Blue Train Tutoring, Putting On Productions Theatre Group, Hermosa Fine Arts Group, HBYB Meeting, Jump Start Comedy Improv, Tae Kwon Do, South Bay Music Together, HBLL Board Meeting, Tae Kwon Do • South Park Room 4: Leadership Hermosa Meetings, Social Skills Workshop, Jump Start Comedy Improv, Suicide Bereavement Support Group, Golden Star Education Classes Page 2 of 2 • Community Center Gymnasium – Private Reservations; Youth and Adult Play • Community Center Tennis Courts – Hermosa Beach Residents, Private Instructors FACILITY RESERVATIONS – PRIVATE RENTALS (CONTINUED FROM PREVIOUS PAGE) • Clark Building: Jazzercise Classes, Monday Night 5th Tradition, Birthday Party, Gingerbread Workshops, Garden Club Meetings, Family Theatre Holiday Party, Sandpipers Holiday Gift Baskets • Valley Park: Picnic Tables, Amphitheatre and Fire Pit – Available for Hermosa Beach Residents • South Park: Picnic Tables – Available for Hermosa Beach Residents FIELD ALLOCATION • Clark Field: AYSO, HBLL Fall Ball • Valley Park: AYSO OUTDOOR FITNESS PERMITS • Beach: Hermosa Beach Volleyball Club • Valley Park: Sportball • Edith Rodaway Park: Sportball STILL PHOTO/FILM PERMITS DAY EVENT LOCATION December 11 Big Blue Ox, LLC The Beach (at 14th Street) December 18 Snow Companies, LLC Two Moons Boutique Pier Avenue The Beach (within the Commercial Zone) SPECIAL EVENTS DAY EVENT LOCATION December 7 Tree Lighting Ceremony Pier Plaza December 7 The Burpee Mile South of the Pier December 8 AAU Volleyball Tournament Volleyball Courts North of the Pier December 14 Great Santa Run The Strand North of the Pier December 22 Community Menorah Lighting Pier Plaza December 31 New Year’s Eve Celebration Pier Plaza COMMUNITY THEATRE AND 2ND STORY THEATRE RESERVATIONS DAY 2ND STORY THEATRE December 1, 6-8 Making God Laugh – Surf City Theatre Inc. December 11 Rehearsals - Family Theatre Inc. December 14 April’s Fools Comedy Improv December 17 Rumors – Surf City Theatre Inc. DAY COMMUNITY THEATRE December 1-9 Frozen Jr. – Family Theatre Inc. December 11 Private Event December 12 Reel Rock 14 – Access Fund December 13 “Faces of Winter” – Warren Miller Entertainment December 14 -15 Holiday Sprinkled Treats – Hermosa School of Dance and Music December 16, 18 MAGIC – Create Dance Company Respectfully Submitted: Lisa Nichols, Senior Recreation Supervisor, Nick Shattuck, Recreation Coordinator, and Adriana Chavez, Temporary Recreation Coordinator Approved by: Kelly Orta, Community Resources Manager 1 January 16, 2020 Honorable Mayor and Members of the Hermosa Beach City Council FINANCE DEPARTMENT ACTIVITY REPORT, DECEMBER 2019 STATISTICAL SECTION Finance Administration CURRENT MONTH THIS MONTH LAST FY FISCAL YEAR TO DATE LAST FISCAL YR TO DATE AVERAGE T.O.T. OCCUPANCY RATE 72.2% November 2019 72.1% November 2018 81.4% November2019 83.8% November 2018 INVOICES/ACCOUNTS RECEIVABLE 27 8 112 191 CASH REGISTER TRANSACTIONS 8,522 7,416 61,725 53,771 CHECKS ISSUED 205 190 1,456 1,660 PURCHASE ORDERS 122 107 761 840 DISCOUNTS TAKEN $188 $100 $926 $687 REBATES: Landscape/St. Light (2018 Tax Yr) 2 2 49 43 Sewer Service Fee (2018 Tax Yr) 1 0 41 36 UUT EXEMPTIONS TO DATE (0) 2,110 (0) 2,091 PAYROLL Full Time Employees 122 122 Part Time Employees 15 32 CITATION PAYMENTS 4,122 3,418 27,981 25,274 DMV PAYMENTS 490 378 2,921 2,482 DELINQUENT NOTICES SENT: California 1,832 1,622 17,211 13,693 Out of State 246 286 2,557 2,278 TOTAL: 2,078 1,908 19,768 15,971 NOTED: Respectfully submitted: ___________________________ __________________________ Suja Lowenthal Viki Copeland, City Manager Finance Director Finance Cashier CURRENT MONTH THIS MONTH LAST FY FISCAL YEAR TO DATE LAST FISCAL YR TO DATE DISMISSALS 290 201 1,693 1,490 REVENUE - VEH. IMPOUNDS $771 $1,437 $2,604 $2,121 PARKING PERMITS: Driveway 0 3 23 19 Guest Party Passes 240 162 2,341 2,290 Temp. Res. Passes 0 0 0 0 Contractor 83 61 1,124 577 Daily 9 0 101 92 Annual Preferential Transferable 23 23 324 31 Employee Vehicle Sticker 1 3 38 35 Vehicle 57 50 561 506 Energy Efficient Vehicles 4 3 23 30 TOTAL: 85 79 946 882 MONTHLY (DAILY) PERMITS FOR PARKING LOTS 160 76 973 797 MONTHLY (24 HR) PERMITS FOR PARKING LOTS 190 164 981 812 MTA BUS PASSES City Subsidized for Senior, Disabled, or Student Residents 4 2 24 29 METRO Discounted for Senior, Disabled, or Student Riders 0 0 0 0 Full Price Bus Passes 3 4 26 39 TAXI VOUCHERS SOLD 400 310 1,960 2,500 TAXI VOUCHERS USED 256 229 1,763 1,891 CASH KEYS SOLD 0 0 0 1 CASH KEY REVENUE $0 $0 $50 $119 ANIMAL LICENSES 24 15 735 549 BUSINESS LICENSES Licenses Issued 211 237 1,437 1,318 Revenue $69,648 $67,602 $452,795 $381,104 E100 S100 Total RESCUE, EMS 300 ‐ Rescue, emergency medical call (EMS) call, other 93 84 177 69.41% 611 ‐ Dispatched & cancelled enroute 11 10 21 8.24% 700 ‐ False alarm or false call, other 2 2 4 1.57% RESCUE, EMS Total 106 96 202 79.22% HAZARDOUS CONDITION 443 ‐ Light ballast breakdown 1 1 0.39% HAZARDOUS CONDITION Total 1 1 0.39% SERVICE CALL 510 ‐ Person in distress, other 4 4 1.57% SERVICE CALL Total 4 4 1.57% SPECIAL OR OTHER INCIDENT TYPE 900 ‐ Special type of incident, other 2 2 4 1.57% SPECIAL OR OTHER INCIDENT TYPE Total 2 2 4 1.57% GOOD INTENT CALL 611 ‐ Dispatched & cancelled enroute 25 4 29 11.37% 651 ‐ Smoke scare, odor of smoke 1 1 0.39% GOOD INTENT CALL Total 26 4 30 11.76% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 11 3 14 5.49% FALSE ALARM, FALSE CALL Total 11 3 14 5.49% Grand Total 150 105 255 100.00% Note: Data based on fireview report. Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF DECEMBER 2019 Incident Type UNIT RESPONSES Percentage Submitted by: Brandy Villanueva, Emergency Management Coordinator 1 DAY OF THE WEEK E100 S100 Total Sunday 23 18 41 Monday 26 20 46 Tuesday 15 8 23 Wednesday 22 16 38 Thursday 18 13 31 Friday 25 17 42 Saturday 21 13 34 Grand Total 150 105 255 Note: Data based on fireview report. Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF DECEMBER 2019 UNIT RESPONSES ‐ 5 10 15 20 25 30 E100 S100 Submitted by: Brandy Villanueva, Emergency Management Coordinator 2 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 2 1 3 01:00:00 TO 01:59:59 3 3 6 02:00:00 TO 02:59:59 8 8 16 03:00:00 TO 03:59:59 2 1 3 04:00:00 TO 04:59:59 3 2 5 05:00:00 TO 05:59:59 4 3 7 06:00:00 TO 06:59:59 3 3 6 07:00:00 TO 07:59:59 3 4 7 08:00:00 TO 08:59:59 12 4 16 09:00:00 TO 09:59:59 4 2 6 10:00:00 TO 10:59:59 9 7 16 11:00:00 TO 11:59:59 4 4 8 12:00:00 TO 12:59:59 7 4 11 13:00:00 TO 13:59:59 7 4 11 14:00:00 TO 14:59:59 8 4 12 15:00:00 TO 15:59:59 4 3 7 16:00:00 TO 16:59:59 12 7 19 17:00:00 TO 17:59:59 14 9 23 18:00:00 TO 18:59:59 10 10 20 19:00:00 TO 19:59:59 6 4 10 20:00:00 TO 20:59:59 6 4 10 21:00:00 TO 21:59:59 3 2 5 22:00:00 TO 22:59:59 9 8 17 23:00:00 TO 23:59:59 7 4 11 Grand Total 150 105 255 Note: Data based on fireview report. Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF DECEMBER 2019 UNIT RESPONSES ‐ 2 4 6 8 10 12 14 16 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100 S100 Submitted by: Brandy Villanueva, Emergency Management Coordinator 3 McCormick Ambulance December 2019 Total Number of Dispatched Calls Dispatched Calls Totals Transported 83 Cancelled 28 Grand Total 111 83, 75% 28, 25% Total Dispatched Calls Transported Cancelled Submitted by: Brandy Villanueva, Emergency Management Coordinator 4 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 13 5 18 Monday 14 5 19 Tuesday 6 2 8 Wednesday 14 3 17 Thursday 11 3 14 Friday 17 3 20 Saturday 8 7 15 Grand Total 83 28 111 0 2 4 6 8 10 12 14 16 18 Completed Canceled Submitted by: Brandy Villanueva, Emergency Management Coordinator 5 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 1 01:00:00 TO 01:59:59 3 02:00:00 TO 02:59:59 8 03:00:00 TO 03:59:59 2 04:00:00 TO 04:59:59 2 05:00:00 TO 05:59:59 4 06:00:00 TO 06:59:59 2 07:00:00 TO 07:59:59 4 08:00:00 TO 08:59:59 5 09:00:00 TO 09:59:59 3 10:00:00 TO 10:59:59 7 11:00:00 TO 11:59:59 3 12:00:00 TO 12:59:59 4 13:00:00 TO 13:59:59 5 14:00:00 TO 14:59:59 5 15:00:00 TO 15:59:59 2 16:00:00 TO 16:59:59 7 17:00:00 TO 17:59:59 9 18:00:00 TO 18:59:59 11 19:00:00 TO 19:59:59 5 20:00:00 TO 20:59:59 4 21:00:00 TO 21:59:59 3 22:00:00 TO 22:59:59 8 23:00:00 TO 23:59:59 4 Grand Total 111 0 2 4 6 8 10 12 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59Time of Day Responses Submitted by: Brandy Villanueva, Emergency Management Coordinator 6 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 25 5 0 30 Code 2: Response Time of 15:00 or less 52 1 0 53 Cancelled Responses 0 0 28 28 Grand Total 77 6 28 111 Submitted by: Brandy Villanueva, Emergency Management Coordinator 7 January 21, 2020 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council January 28, 2020 HUMAN RESOURCES DEPARTMENT ACTIVITY REPORT December 2019 CURRENT THIS MONTH FY TO LAST FY STATISTICS MONTH LAST YEAR DATE TO DATE Workers Comp Claims Claims opened 0 0 5 7 Claims closed 0 1 3 14 Total open 60 58 Current Employee 13 13 Lost time (hours) Police 336 276 1200 1490 Non-Safety 0 0 0 0 Liability Claims Claims opened 1 0 10 3 Claims closed 2 0 6 12 Total open 20 11 Employee-Involved Vehicle Accidents Safety 0 0 0 0 Non-safety 0 0 0 0 Employee Turnover Safety 1 0 4 0 Non-Safety 0 1 5 8 _____________________________________________________________ Respectfully submitted: Vanessa Godinez, Human Resources Manager Concur: Suja Lowenthal, City Manager Violent Crimes Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change Murder 0 0 0 0.0%0 0 0 0.0%0 0 0 0.0% Sex Crimes 0 0 0 0.0%0 0 0 0.0%7 3 4 133.3% Robbery 2 0 2 N.C.2 0 2 N.C.9 5 4 80.0% Aggravated Assaults 3 0 3 N.C.3 1 2 200.0%34 23 11 47.8% Simple Assault 2 3 -1 -33.3%2 11 -9 -81.8%48 69 -21 -30.4% Total Violent Crimes 7 3 4 133.3%7 12 -5 -41.7%98 100 -2 -2.0% Property Crimes Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change Burglary 4 10 -6 -60.0%4 4 0 0.0%96 131 -35 -26.7% Theft 23 17 6 35.3%23 30 -7 -23.3%316 316 0 0.0% Auto Theft 0 2 -2 -100.0%0 6 -6 -100.0%28 33 -5 -15.2% Total Property Crimes 27 29 -2 -6.9%27 40 -13 -32.5%440 480 -40 -8.3% Total Violent/Property Crimes 34 32 2 6.3%34 52 -18 -34.6%538 580 -42 -7.2% Arrests Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change DUI 8 10 -2 -20.0%8 12 -4 -33.3%92 72 20 27.8% Adult 41 26 15 57.7%41 51 -10 -19.6%429 555 -126 -22.7% Juvenile 4 3 1 33.3%4 0 4 N.C.19 4 15 375.0% Citations Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change Misdemeanor 15 10 5 50.0%15 14 1 7.1%138 393 -255 -64.9% Muni Code 12 11 1 9.1%12 9 3 33.3%91 173 -82 -47.40% Traffic 11 27 -16 -59.3%11 51 -40 -78.4%812 1461 -649 -44.42% Parking 4913 5452 -539 -9.9%4913 4748 165 3.5%69388 61920 7468 12.1% Animal Control 0 0 0 0.0%0 1 -1 -100.0%3 23 -20 -87.0% Traffic Accident Reports Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change Fatal 0 0 0 0.0%0 0 0 0.0%1 0 1 N.C. Injury 10 6 4 66.7%10 2 8 400.0%60 52 8 15.4% Non-Injury 14 16 -2 -12.5%14 23 -9 -39.1%204 228 -24 -10.5% Calls For Service Dec Nov Diff % Change 2019 2018 Diff % Change 2019 2018 Diff % Change Calls For Service 1989 2137 -148 -6.9%1989 2421 -432 -17.8%25462 30747 -5285 -17.2% Parking 234 268 -34 -12.7%234 200 34 17.0%3259 3112 147 4.7% Animal Control 109 92 17 18.5%109 103 6 5.8%1513 2201 -688 -31.3% INCREASE N.C. Not Calculable. To calculate the percentage change you use Time 1 - Time 2/Time2= a number x100= Percentage change. You cannot divide any number by 0 and receive a valid number 2019 2019 2019 2019 2019 2019 Prepared by: Jenette Osborne As in all statistical comparisons, caution should be exercised in interpreting percent changes. When smaller numbers are compared the result is a greater percentage change; in other words, a more dramatic result is achieved. *Due to change in reporting processes there may be a variation in previously reported statistics December YTD December Respectfully Submitted to: City Manager Suja Lowenthal Approved by: Acting Chief McCrary December YTD December YTD YTD December YTD Hermosa Beach Police Department Monthly Crime and Activity Statistics December 2019 December YTD