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Home My WebLink About04-09-19 - Agenda Pkg - Regular CC Mtg City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Agenda Tuesday, April 9, 2019 6:00 PM Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos City Clerk City Treasurer City Attorney Elaine Doerfling Karen Nowicki Mike Jenkins Executive Team Suja Lowenthal, City Manager Nico De Anda-Scaia, Assistant to the City Manager Viki Copeland, Finance Director Ken Robertson, Community Development Director Lucho Rodriguez, Acting Public Works Director Vanessa Godinez, Human Resources Manager Sharon Papa, Police Chief Kelly Orta, Community Resources Manager City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 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. 19-0225 MINUTES: Approval of minutes of Closed Session held on March 26, 2019. 2. 19-0229 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager (Initial 6 month review per contract) ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 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.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Hermosa Beach Public Library and the Office of the City Clerk. 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@hermosabch.org) 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@hermosabch.org. 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. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a) 19-0216 RECOGNIZING CITY VOLUNTEERS DURING NATIONAL VOLUNTEER WEEK APRIL 7-13, 2019 b) 19-0217 PROCLAMATION ESTABLISHING BEACH CITIES TRANSIT GET ON BOARD DAY IN HERMOSA BEACH ON APRIL 25, 2019 MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 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, 3) during discussion of items appearing under Municipal Matters. Comments from the City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 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. a) REPORT WRITTEN COMMUNICATION 19-0219 Recommendation:Staff recommends that the City Council receive and file the written communication. Attachments: 1. Letter from Anthony Higgins regarding speaker-card.pdf 2. Letter from Anthony Higgins regarding right to ask questions.pdf 3. Letter from Anthony Higgins regarding cure & correct response.pdf 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 CITY COUNCIL MEETING MINUTES 19-0222 (Deputy City Clerk Linda Abbott) Recommendation:Staff recommends that the City Council: 1. Approve meeting minutes from the following meetings: a. Special meeting of March 18, 2019 b. Special meeting of March 26, 2019 2. Approve a revision on the November 22, 2016 meeting minutes, previously approved by Council on October 9, 2018. Item 5a's ACTION contained an erroneous phrase, redlined in the attachment. Attachments: 1. 031819 min draft.docx 2. 032619 draft min.docx 3. 112216 Reg mtg-redline deletion 5a.docx b) REPORT CHECK REGISTERS 19-0211 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 03-14-19 2. 03-21-19 3. 03-25-19 c) REPORT 19-0218 APPROVAL OF ROAD REPAIR AND ACCOUNTABILITY City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 ACT OF 2017 (SENATE BILL 1) PROJECT LIST FOR THE CITY OF HERMOSA BEACH FOR FISCAL YEAR 2019-20 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Approve a resolution to adopt the Road Repair and Accountability Act of 2017 Project List for FY 2019-2020; and 2. Direct staff to submit the Project List and supporting documentation to the California Transportation Commission by May 1, 2019. Attachments: 1. City Council Resolution for SB 1 Project List 040319.docx 2. LSR project list.pdf d) REPORT REQUEST FOR APPROVAL OF CLASSIFICATION SPECIFICATION 19-0223 FOR PUBLIC WORKS INSPECTOR; ESTABLISH THE POSITION IN THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT CALIFORNIA TEAMSTERS LOCAL 911, AND ESTABLISH A SALARY RANGE (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council: 1. Approve the class specification for Public Works Inspector; 2. Determine that the bargaining unit for this classification is the General and Supervisory Employees Bargaining Unit, California Teamsters Local 911; and 3. Establish the five-step salary range for this position as $5,675 to $6,899 per month as approved in the FY 2018-2019 budget. Attachments: 1. June 12, 2018 City Council Meeting Video 2. Public Works Inspectro Class Specification 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT CONSIDERATION OF AN ORDINANCE REGULATING 19-0224 SIDEWALK VENDING IN COMPLIANCE WITH SB 946 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Introduce, upon first reading, an ordinance to regulate sidewalk vending within the City of Hermosa Beach in compliance with Senate Bill No. 946; 2. Adopt a resolution amending the City's comprehensive fee schedule to include administrative fines for sidewalk vending violations in compliance with Senate Bill No. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 946; and 3. Adopt a resolution amending the City's comprehensive fee schedule to include a sidewalk vending permit application fee and annual renewal fee. Attachments: 1. HB Sidewalk Vending Ordinance_4.3.19-c1 (1).DOCX 2. Sidewalk Vending administrative Fine Reso.pdf 3. Sidewalk vending Permit application and renewal fee reso.pdf 4. March 12, 2019 Staff Report.pdf 5. Sidewalk Vending-Map.pdf 6. MUNICIPAL MATTERS a) REPORT AWARD OF PRODUCTION AGREEMENT WITH 19-0227 5B ARTISTS + MEDIA FOR PRODUCTION AND MANAGEMENT OF THE SUMMER BEACH CONCERT SERIES (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council: 1. Award a Production Agreement with 5B Artists + Media for the production and management of the Summer Beach Concert Series; and 2. Authorize the City Manager to execute the Agreement and the City Clerk to attest subject to approval by the City Attorney. Attachments: 1. Summer Concert Series Request for Proposal 2. 5B Artists + Media Proposal b) REPORT CONSIDERATION OF SPECIAL EVENT FEE WAIVER REQUESTS 19-0215 FOR SPYDER SURF FEST ON SATURDAY, APRIL 27 (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council consider a special event fee waiver request totaling $8,206 from Spyder Surfboards for 'Surf Fest' on Saturday, April 27. Attachments: 1. Spyder Surf Fest Special Event Application 2. Spyder Surf Fest Fee Waiver Application 3. Letter from Dennis Jarvis c) REPORT AWARD OF CONSTRUCTION CONTRACT FOR CIP 14-173, 19-0221 8TH STREET IMPROVEMENTS PROJECT (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Award a construction contract to Concept Consultant, Inc. for CIP14-173 8th Street Improvements Project in the amount of $561,950.50; 2. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; 3. Authorize a 20% project contingency for a total construction budget of $674,340.60; and 4. Authorize the Acting Director of Public Works to file a Notice of Completion following final completion of the project. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 Attachments: 1. BID opening log sheet 2. Low Bidder Documents 3. Draft Agreement d) REPORT APPROVAL TO INVESTIGATE THE FEASIBILITY OF 19-0230 NORTH FRANCISCA AVENUE FOR THE HERONDO DRAIN STORM WATER INFILTRATION PROJECT (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Authorize Tetra Tech to explore the feasibility of North Francisca Avenue to further develop an infiltration project at this location and appropriate funding from the Storm Drain Fund for an amount not to exceed $157,719 for this analysis; and 2. Appoint an Infiltration Project Council subcommittee comprised of two Councilmembers and provide direction as needed. Attachments: 1. Approved MOU_Cost Sharing (Signed).pdf 2. 2019-03-29 Letter-from-HB-to-SWRCB.pdf 3. Hermosa Beach CO-3 Add'l Scope and Fee (002).pdf 4. Link to March 26, 2019 Staff Report and Attachments e) REPORT 19-0209 NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN DRAFT SCOPE OF WORK (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council: 1. Review and provide input on the draft Scope of Work for the development of the Neighborhood Traffic Management Plan (NTMP) for North School; and 2. Direct staff to issue a Request for Proposals for the development of the Neighborhood Traffic Management Plan based on the Scope of Work and the terms identified in the Memorandum of Understanding. Attachments: 1. City and School District Signed Memorandum of Understanding 2. MOU Timeline.pdf 3. Draft North School NTMP Scope of Work f) REPORT 19-0167 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH AND CONSIDERATION OF REGULATORY OPTIONS TO PERMIT AND REGULATE THE OPERATION OF DOCKLESS SCOOTER AND BIKESHARE OPERATIONS IN THE CITY (Environmental Analyst Leeanne Singleton) City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 Recommendation:Staff recommends that the City Council: 1. Receive an update on the City's implementation efforts related to the temporary ban of shared mobility devices; 2. Provide input on the South Bay Shared Mobility Guidelines; 3. Consider participation in a South Bay Shared Mobility Pilot Program; and 4. Direct Staff to prepare municipal code changes, establish appropriate fees, and other regulatory measures related to the operation of shared mobility devices based on the direction provided for Recommendations 2 and 3. Attachments: 1. November 2017 Staff Report 2. August 2018 Staff Report 3. Hermosa Beach Education and Enforcement Efforts on Shared Mobility Devices and Electric/Motorized Equipment 4. South Bay Shared Mobility Guidelines Draft.pdf 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 19-0213 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) 19-0220 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 City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: April 23, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 24, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - FY 2019-2020 Capital Improvement Program April 30, 2019 - Tuesday - Adjourned Regular Meeting: 6:00 PM - Budget Revenue Strategy May 14, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 22, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Budget Workshop May 28, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 5, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session June 11, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 25, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 9, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 18, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Joint Meeting with All Boards and Commissions July 23, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting August 13, 2019 - Tuesday - No Meeting (Dark) August 27, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 4, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session September 10, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 24, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 2, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session October 8, 2019 - Tuesday - No Meeting (Re-scheduled to Oct. 10) October 10, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting October 22, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 6, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session November 12, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 18, 2019 - Monday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 CITY COUNCIL MEETINGS - CONTINUED: November 21, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Mayor Rotation November 26, 2019 - Tuesday - No Meeting (Re-scheduled to Nov. 18) December 4, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session December 10, 2019 - Tuesday - No Meeting (Re-scheduled to Dec. 12) December 12, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting December 24, 2019 - Tuesday - No Meeting (Dark) BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: April 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting May 6, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting May 7, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 15, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting May 21, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting June 4, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 18, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting July 2, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 8, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting July 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting July 17, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting August 6, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 20, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting September 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 9, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting September 17, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting September 18, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting October 1, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 15, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting November 4, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting November 5, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting November 20, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting December 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 9, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: May 27, 2019 - Monday - Memorial Day July 4, 2019 - Thursday - Independence Day September 2, 2019 - Monday - Labor Day November 11, 2019 - Monday - Veteran's Day November 28, 2019 - Thursday, Thanksgiving Day December 25, 2019 - Wednesday - Christmas Day January 1, 2020 - Wednesday - New Year's Day (2020) City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0216 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 RECOGNIZING CITY VOLUNTEERS DURING NATIONAL VOLUNTEER WEEK APRIL 7-13, 2019 City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0217 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 PROCLAMATION ESTABLISHING BEACH CITIES TRANSIT GET ON BOARD DAY IN HERMOSA BEACH ON APRIL 25, 2019 City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0219 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 WRITTEN COMMUNICATION Recommended Action: Staff recommends that the City Council receive and file the written communication. Attachments: 1.Letter from Anthony Higgins regarding speaker-card 2.Letter from Anthony Higgins regarding right to ask questions 3.Letter from Anthony Higgins regarding cure & correct response City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ March 31, 2019 TO: Suja Lowenthal, City Manager, CC: City Council Members Subj: Council Meeting Speaker-Cards One of the first publicly-visible acts of your administration was to implement a speaker-card system to better organize public-speaking in city council meetings. At the outset of the program, your administration posited that among other purposes, the speaker-card program would facilitate and enable staff to respond to resident concerns expressed in the council meetings more predictably and reliably. This certainly has not happened, at least not in my case. Since the speaker-card system was implemented I’ve spoken at many council meetings on very specific issues related to the 27th Street truck-route problem, making specific and concrete recommendations and asking very specific questions. Each time I’ve spoken I’ve filled out a speaker-card and included my email address assuming staff would follow-up with me on my issues. I’ve spoken to issues that are not nebulous or difficult to understand or respond to in a substantive way. Residents deserve answers to their concerns and recommendations. For instance: 1. I’ve pointed out that 27th has not always been inundated with heavy trucks. It’s the result of systematic roadway changes and land use policies approved by the council; that over the years have routed more and more heavy truck traffic onto 27th and away from other available routes. Given this, I have asked that 27th be considered a de facto truck route and the requisite safety, near roadway pollution, noise and vibration studies be done to determine if it is appropriate for the city to continue to allow this or if using 27th Street as a Truck Route is an inappropriate and unsafe use. No Response 2. I’ve asked the city follow up on my suggestions to establish heavy truck ingress and egress routes as part of the City’s permit-process for all residential and commercial demolition and renovation projects; with an eye towards minimizing the impact of otherwise unmitigable truck-related safety, noise and vibration impacts, simply by routing truck traffic serving residential and commercial construction sites to wider flater roads where houses are further offset from the roadway. This is a simple, achievable mitigation with better use of Pier Ave and Herond. Construction trucks usually travel many, many miles just to get here. The idea that the commercial interests would be negatively impacted by using a slightly longer route with far fewer significant & avoidable safety, noise, vibration and near-roadway pollution impacts is ridiculous. As an example, the heavy equipment and dump trucks serving the Hermosa Ave pavement project on average traveled well over 50 miles just to reach Hermosa Beach. That’s 100+ miles round trip. This mileage estimate was confirmed by two different truck drivers and a public-works official. Asking the city to specify a low impact route for city ingress and egress as part of the city’s construction permit process should be a no - brainer. No response. 3. I’ve also asked that the city post the appropriate truck routes for delivery trucks in the loading docks of central business district businesses. No response 4. I’ve asked that the engineering specifications and the RFP for the long overdue 27th Street paving project be completed this year, so that we don’t have to wait well into 2020 for 27th to be repaved. This is a reasonable request given lead times to do engineering spec and prepare the RFP and the horrible state of our heav ily utilized but failed road. No response 5. I’ve asked that the city utilize its resources and available technology to capture hard data on the number and types of heavy trucks using 27th Street legally & illegally to service plaza area and Hermosa Ave business as well as construction sites over the entire westside of Hermosa, not just North Hermosa. I’ve even provided specific technologies and methods that could be evaluated for suitability. Without hard data on the number and types of trucks using our east-west roads it is impossible to intelligently assess the impact or possible mitigations. No response. 6. I’ve asked that the city consider that since it specifically excluded the 27th St road segment noise and safety analysis in Plan Hermosa, that it schedule a high priority update of its circulation-plan to consider the health, safety, quality of life and property rights impacts of a defacto Truck Route on the residents of 27th. And respect our CEQA due-process rights. No response. 7. I’ve pointed out that Plan Hermosa clearly failed in its responsibility to evaluate the impacts of truck traffic on heavily utilized vulnerable roadways like 27th and in so doing violated our due-process rights under CEQA; and that this requires a remedy. No response. I could go on and on. Ms. Lowenthal, you said in one of the council meetings words to the effect that speaker cards were intended to improve follow-up by city staff to resident concerns emanating from the council meeting oral communications. You said in one of your emails to me words to the effect that I may not like the answers I get but the city would be responsive to resident suggestions and concerns. I beg to differ. Frankly, donning my good citizen cap for just a moment, I hope that I’m the only resident experiencing an abject-failure of the speaker-card system to facilitate a more responsive city bureaucracy; and that the promises made at the outset of the program were not just “glossy - lipstick served with a bowl of empty candy wrappers”. What percent of the speaker cards requesting staff fill up are actually followed -up on by staff? Do you think you should be tracking this service level commitment? In addition to following up on the improvements needed for the city to better enforce project specific truck-routes discussed in the 3/12 council meeting open session, I ask that the council give pause to consider the complexities of assessing and mitigating the health, safety, noise and vibration impacts that the increased number of larger and larger trucks on busy vulnerable residential roads like 27th and consider PLAN Hermosa- Implementation Actions Adopted August 22, 2017 and specifically GOVERNANCE-1: To periodically review and consider whether new commissions, working groups, or task forces are needed to accomplish City goals. I believe it is long past the time to charter a committee or a task force to examine this problem. Members of the public should be included on this committee with full rights and privileges. Additionally, I respectfully request that the council direct staff to follow-up on each of the above issues and suggestions and that these issues and the staff responses be agendized for a future council meeting discussion. Sincerely, Anthony Higgins March 31, 2019 Dear City Council RE: The City Reply to my Brown Act Cure and Correct Demand I believe it is important to try and separate the “wheat from the chaff” and try and focus on a core-tenant of the Brown Act: to improve city government transparency and accountability. Item 3 of my 25 February Brown Act Cure and Correct demand focused on a way to shed light on the council’s motives when recommending a written communication be tabled (buried) when in-fact the writer has requested it either be agendized or referred-to-staff for analysis and returned to the council for follow-up consideration. Nothing in the Brown act prohibits a citizen from polling council members for their justifications and reasons for tabling a written-communications versus referring it to staff or agendizing it as requested. Nothing in the Brown Act prohibits Council Members from answering this query. The council member is entirely within his/her rights not to respond as Mr. Jenkins pointed out, but in that case a no-response is a response in itself. It is clear that the public would benefit from a knowledge reasons in many ways. It would provide for a more informed electorate, it would inform citizens on council member priorities, it would advise citizens as to whether they need to clarify or reframe their issues to have them heard and/or it would serve to make council members more accountable for their decisions. When the council chooses to table a written communication where the writer has requested it be referred to staff for study or agendized it is simple common sense and good governance that each council member should briefly speak to why they are tabling the issue for burial. This should be a policy and it would be consistent with the Brown Act’s encouragement for cities to adopt policies that go beyond the bare minimums of transparency and access established in the statute. The reason for rejecting a request offered by the council member need not be a protracted response that would bring the wheels of progress to halt. Some reasons include: 1. The issues have been previously addressed in ….. 2. The issue is not clearly explained…. 3. There is are no actionable items in the request 4. There is a better solution to the problem… 5. It is just too low a priority because…. Etc. etc.. Having council members offer reasons and justifications for tabling written communications is not something we should have to fight for. It’s just common sense and fundamental to good and accountable governance. Thank You, Anthony Higgins March 26, 2019 To: City Attorney Michael Jenkins City Manager Suja Lowenthal City Council Members Fm: Anthony Higgins Subj: Draft Response to my Brown Act Cure and Correct Demand & Recommendation (Report 19-0197) Thank You for taking the time address the 3 Brown Act Cure and Correct demands contained in my February 25, 2019 complaint. I accept your conclusions that no Brown Act violations occurred with the following caveats: Item 1 of my Complaint: Right to Speak before or during staff-reports City Attorney Draft Response: The speaker card you completed and submitted to the City Clerk at the outset of the February 25, 2019 meeting stated in your handwriting that you wished to speak during the “Public Participation Topic” regarding the “Hermosa Avenue Project Truck Route.” The speaker card specifically does not state that you wished to speak during the City Manager’s Report. Consequently, it was entirely reasonable for the City Clerk and the Mayor to interpret your speaker card to mean that you wished to speak during Oral Communications; and in fact, you were called upon to speak (for not more than three minutes) during Oral Communications and did so on the subject of the Hermosa Avenue Project Truck Route. Had your speaker card clearly stated that you wished to speak during the City Manager’s Report agenda item, you would have been called when that item was taken up. I would like to make three other observations. First, the City Manager’s Report is a unilateral and purely informational report that engenders no action by the Council. Second, had you spoken up in some manner at the conclusion of the City Manager’s Report to indicate that you wished to speak during that agenda item, you would have been allowed to do so. And third, when you did speak during Oral Communications immediately following the City Manager’s report, you did not raise any concerns about not being given an opportunity to speak during the City Manager’s Report. I believe my desire to speak during the agenda-item was abundantly clear in my email to the Council and the City Manager. But I failed to copy the city clerk on that email. I believe the city clerk was aware of this email but she must have felt that the card superseded my email request to speak during the agenda item. Therefore, I accept that explanation and concur there was no Brown Act Violation. However, please note that I filled out the speaker-card only as a contingency were I not called up to speak during or before the agenda item per my email request. I did not know that I could stand up and stop the proceedings and be recognized by the council at the conclusion of the City Manager’s Report. Item 2 of my complaint: Right to speak in both oral communications segment of the Council Meeting Open Session as well as any agenda items. City Attorney Draft Response: “…. In short, there is no procedure that limits public comment to just one agenda item per meeting. Consequently, there is no need for the Council to cure or correct any practice”. COMMENTS: In my complaint I assert that the city does not provide the opportunity to speak in the oral communications segment of the Open-Session and then to an agenda item. I accept the cities explanation the Council Does Not Limit the Right of The Public to Speak on Only One Agenda Item Per Session and withdraw this complaint. What created my confusion was that at the conclusion of each agenda item the council does not always ask if there are public-comments. Nor did I realize that I could submit more than one speaker-card per Open-Session meeting as a tool to facilitate speaking to multiple items The city might consider making this clearer. Item 3 of my Complaint: Clarity on a citizen’s right to ask certain questions related to oral and written- communications. City Attorney Response: ” Item 3” of your letter does not claim the Council violated the Brown Act. Rather, you demand “the city clerk, when announcing the restrictions on questions to council members for NON- agenda items; the city clerk must balance this by informing the public clearly and unambiguously that the Brown Act does not prohibit questions to council members when an agenda-item is being considered.” The Brown Act does not require the City Clerk to make any announcements regarding the content of public speech. And, except to the extent that public speech be relevant to the subject matter of the agenda item and within the jurisdiction of the Council, neither does the Brown Act address whether public speakers make affirmative statements or ask questions. And, finally, the Act does not require Councilmembers to answer questions raised by public comments. Consequently, there is no need to cure or correct any practice identified in your Item 3. My Response: A key tenant of the Brown Act is to promote transparent and accountable government. Section 54953.7 Greater Openness Encouraged Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. My take-away is that while council members cannot be compelled to answer questions regarding justifications for NOT recommending that an issue covered in a written or oral communication be ‘agendized” and/or referred to staff for further analysis, there is nothing in the brown act that would prohibit me from asking council members for their justification for tabling an issue. There are many reasons understanding a council-persons specific justifications for not “agendizing” an item or referring it to staff for further analysis serves the public interest. I believe that when a citizen requests that an issue be agendized or referred to staff for followup and the council chooses to bury it in the public record with no further action this justification should be provided by each council person as a matter of practice. I will be speaking to this point in tonight’s council meeting. I appreciate that you have seriously considered my complaint and appreciate the city’s efforts in this regard. Thank You Anthony Higgins City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0222 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 CITY COUNCIL MEETING MINUTES (Deputy City Clerk Linda Abbott) Recommended Action: Staff recommends that the City Council: 1.Approve meeting minutes from the following meetings: a.Special meeting of March 18, 2019 b.Special meeting of March 26, 2019 2.Approve a revision on the November 22, 2016 meeting minutes, previously approved by Council on October 9, 2018. Item 5a’s ACTION contained an erroneous phrase, redlined in the attachment. Attachments: The 3 sets of minutes listed above Submitted by: Linda Abbott, Deputy City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Special Meeting Minutes City Council and School Board Monday, March 18, 2019 7:00 PM Council Chambers City Council and School Board MAYOR Stacey Armato MAYOR PRO TEM Mary Campbell COUNCILMEMBERS Hany S. Fangary Justin Massey Jeff Duclos SCHOOL BOARD PRESIDENT Douglas Gardner SCHOOL BOARD MEMBERS Jennifer Cole Stephen McCall Margaret Bove-LaMonica Monique Ehsan City Council and School Board Meeting Minutes March 18, 2019 Page 2 of 3 City of Hermosa Beach Approved on 4/9/2019 7:00 P.M. - SPECIAL MEETING AGENDA CALL TO ORDER 7:09 p.m. PLEDGE OF ALLEGIANCE All ROLL CALL Council Present:4 - Armato, Campbell, Massey, and Duclos Absent:1 - Fangary School Board Present:5 - Gardner, Cole, McCall, Bove-LaMonica, and Ehsan Absent:0 - None Also present: City staff: City Manager Suja Lowenthal and Environmental Analyst Leeanne Singleton School District staff: Superintendent Patricia Escalante and Hermosa Valley School Principal Kim Taylor Beach Cities Health District staff: Ali Steward, Director of Youth Services OPENING REMARKS PUBLIC PARTICIPATION Coming forward: Carol Kluthe, Hermosa Beach Education Foundation President Trent Larson Parker Herriott Anthony Higgins REPORTS AND DISCUSSIONS 1.19-0163 YOUTH PROGRAMS: • Wellness Chart (School District) • Tobacco Program (HbPD and BCHD) 2.19-0181 SAFETY UPDATE (HbPD and School District) City Council and School Board Meeting Minutes March 18, 2019 Page 3 of 3 City of Hermosa Beach Approved on 4/9/2019 3.19-0182 SOUTH BAY CONNECTED AND BEACH CITIES HEALTH DISTRICT SPEAKER SERIES (BCHD) 4.19-0164 NORTH SCHOOL PROJECT (City and School District): • Project Schedule and Next Steps • Memorandum of Understanding Elements • Neighborhood Traffic Management Plan (NTMP)/ Traffic Engineering/Planning Draft Scope of Work Attachments:1. SUPPLEMENTAL Email and Attachment from Tony Higgins (added 3-18-19 at 11am).pdf 2. SUPPLEMENTAL Email from Ron Felsing (added 3-18-19 at 12pm).pdf 3. SUPPLEMENTAL eComment from Anne Zaworski (submitted 3-18-19 at 2:16pm).pdf 4. SUPPLEMENTAL Letter and Attachment from Howard Longacre (added 3-18-19 at 4:30pm).pdf 5. SUPPLEMENTAL MOU Timeline (provided during meeting).pdf PUBLIC PARTICIPATION Coming forward: Anthony Higgins ADJOURNMENT 9:06 p.m. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Special Meeting Minutes Tuesday, March 26, 2019 5:30 PM Closed Session - 5:30 P.M. Regular Meeting - 7:00 P.M. Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos City Council Meeting Minutes March 26, 2019 Page 2 of 11 City of Hermosa Beach Approved on 4/9/2019 5:30 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 5:31 p.m. ROLL CALL Present:4 - Mayor Armato, Councilmember Fangary, Councilmember Massey, and Councilmember Duclos Absent:1 - Mayor Pro Tempore Campbell* (*Mayor pro tem Campbell arrived during Closed Session.) PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 5:32 p.m. 1.19-0193 MINUTES: Approval of minutes of Closed Session held on March 12, 2019. 2.19-0194 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees 3.19-0195 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 4.19-0196 CONFERENCE WITH LEGAL COUNSEL:Workers Comp Litigation The City finds, based on advice from legal counsel, that discussion in open City Council Meeting Minutes March 26, 2019 Page 3 of 11 City of Hermosa Beach Approved on 4/9/2019 session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Robert Higgins v. City of Hermosa Beach WCAB Number: ADJ11093995 b) Name of Case: Todd Lewitt v. City of Hermosa Beach WCAB Number: ADJ9858468, ADJ11019071, ADJ10177518 c) Name of Case: Rachel Muzatko v. City of Hermosa Beach WCAB Number: ADJ10866914, ADJ10822138 d) Name of Case: Pamela Sargent v. City of Hermosa Beach WCAB Number: ADJ11290398 ADJOURNMENT OF CLOSED SESSION 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:09 p.m. PLEDGE OF ALLEGIANCE Max Riley ROLL CALL Present:5 - Mayor Armato, Mayor Pro Tempore Campbell, Councilmember Fangary, Councilmember Massey, and Councilmember Duclos Absent:0 CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received prior to Closed Session, and there were no reportable actions. ANNOUNCEMENTS Councilmember Fangary thanked Tom Bakaly, Beach Cities Health District CEO, for discussing the organization's Healthy Living Campus Project at the March 23 Community First meeting. Councilmember Duclos spoke of representing the City at two events last week—the American Academy of Pediatrics' Community Town Hall on adolescent vaping, March 21; and the Urban City Council Meeting Minutes March 26, 2019 Page 4 of 11 City of Hermosa Beach Approved on 4/9/2019 Counties Flavored Tobacco Training Program (about tackling menthol in flavored tobacco restrictions), March 22. Mayor Armato invited everyone to the City's Second Annual Community Wide Garage Sale, Saturday, March 30, 7 a.m.-noon, with dozens of concurrent garage sales throughout Hermosa. A map of the garage sale locations will be posted on the City’s website. APPROVAL OF AGENDA Motion Campbell and seconded by Duclos to approve the agenda. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 PROCLAMATIONS / PRESENTATIONS a)19-0198 RECOGNIZING EARTH HOUR ON MARCH 30, 2019 FROM 8:30 P.M. - 9:30 P.M. AND EARTH DAY ON APRIL 22, 2019 Mayor Armato read aloud the Proclamation. b)19-0199 PROCLAMATION DECLARING APRIL AS “DONATE LIFE MONTH” Transplant recipients Tammy Rusznak and Holly Miyagawa were presented the Proclamation by Mayor Armato, which proclaimed April as "Donate Life California Month" to encourage Californians to register with the Department of Motor Vehicles as organ, eye or tissue donors. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward: Judith Mango Trent Larson Heidi Swan Anthony Higgins Sarah Harper, Hermosa Library Manager Tyler McCauley and Nicole (no last name given), Leadership Hermosa Class of 2019 Polly Schneider Mick Wells City Council Meeting Minutes March 26, 2019 Page 5 of 11 City of Hermosa Beach Approved on 4/9/2019 Michaela Webb a)19-0203 WRITTEN COMMUNICATION Attachments:Letter from Howard Longacre regarding cell tower and H2O Hotel Project Motion Duclos and seconded by Campbell to receive and file the written communication from Howard Longacre. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 2. CONSENT CALENDAR: Items 2j, 2l and 2p were pulled by Councilmember Fangary for discussion later in the meeting. Motion Duclos and seconded by Campbell to approve the balance of the Consent Calendar. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 a)REPORT CITY COUNCIL MEETING MINUTES 19-0183 (Deputy City Clerk Linda Abbott) Attachments:1. 030919 draft min.docx 2. 031219 draft min.docx b)REPORT CHECK REGISTERS 19-0168 (Finance Director Viki Copeland) Attachments:1. 02-26-19 2. 02-28-29 3. 03-07-19 c)REPORT REVENUE REPORT, EXPENDITURE REPORT, 19-0188 AND CIP REPORT BY PROJECT FOR FEBRUARY 2019 (Finance Director Viki Copeland) Attachments:1. Feb 2019 Revenue Report 2. Feb 2019 Expenditure Report 3. CIP Report by Project- Feb 2019 d)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT City Council Meeting Minutes March 26, 2019 Page 6 of 11 City of Hermosa Beach Approved on 4/9/2019 19-0189 (City Treasurer Karen Nowicki) Attachments:1. February 2019 Treasurer's Report 2. February 2019 Cash Balance Report e)REPORT CANCELLATION OF CERTAIN CHECKS 19-0190 (City Treasurer Karen Nowicki) f)REPORT PROJECT STATUS REPORT AS OF FEBRUARY 28, 2019 19-0185 (Acting Public Works Director Lucho Rodriguez) Attachments:1. CIP Status Sheet - March 2019.pdf 2. 2018-19 Capital Improvement Program 3. SUPPLEMENTAL eComment from Claudia Berman submitted 3-25-19 at 1:02pm.pdf g)REPORT ACTION SHEET OF THE PLANNING COMMISSION MEETING OF 19-0208 MARCH 19, 2019 Attachments:Planning Commission Action Sheet 3-19-19 h)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 19-0207 (Community Development Director Ken Robertson) Attachments:Planning Commission Tentative Agenda for 4-16-19.pdf i)REPORT CLARIFICATIONS TO PROCESS AND STANDARDS 19-0186 FOR REVIEW OF ON-SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS (Community Development Director Ken Robertson) Attachments:Proposed amendment with PC additions j)REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 19-0206 MEETING OF JANUARY 16, 2019 Attachments:PWC action minutes 1-16-19 Motion Fangary and seconded by Duclos to receive and file the action minutes of the Public Works Commission meeting of January 16, 2019. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 City Council Meeting Minutes March 26, 2019 Page 7 of 11 City of Hermosa Beach Approved on 4/9/2019 k)REPORT AWARD OF CONSTRUCTION MANAGEMENT AND 19-0137 INSPECTION SERVICES CONTRACT TO TRANSTECH ENGINEERS, INC. FOR CIP 17-687 AND CIP 18-691, ADA IMPROVEMENTS ON PROSPECT AVENUE (Acting Public Works Director Lucho Rodriguez) Attachments:1. RFP 2. Draft PSA.pdf 3. Proposal and Fee l)REPORT AWARD OF CONSTRUCTION CONTRACT FOR CIP 17-687 19-0184 AND CIP 18-691, ADA IMPROVEMENTS ON PROSPECT AVENUE (Acting Public Works Director Lucho Rodriguez) Attachments:1. Bid Opening 2. Draft Agreement 3. Draft Resolution Coming forward: Ken Bergeron Motion Fangary and seconded by Duclos to: 1. Award a construction contract for CIP17-687 and CIP 18-691 for ADA Improvements on Prospect Avenue in the amount of $141,900.00; 2. Adopt the attached resolution entitled "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 17-687 and CIP 18-691 ADA Improvements on Prospect Avenue; 3. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; 4. Authorize the Acting Director of Public Works to establish a 25% project contingency for a total construction budget of $177,375; and 5. Authorize the Acting Director of Public Works to file a Notice of Completion following final completion of the project. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 m)REPORT BROWN ACT COMPLAINT FILED BY ANTHONY HIGGINS 19-0197 (City Attorney Mike Jenkins) Attachments:1. 02-25-19 Higgins Brown Act Cure and orrect Demand Letter-c2.pdf 2. Proposed Response to Mr. Higgins' letter.pdf 3. SUPPLEMENTAL Letter from Tony Higgins (added 3-26-19 at City Council Meeting Minutes March 26, 2019 Page 8 of 11 City of Hermosa Beach Approved on 4/9/2019 6pm).pdf n)REPORT RECOMMENDATION TO REJECT CLAIM 19-0180 (Human Resources Manager Vanessa Godinez) Attachments:Stephen Allan Diamond_claim o)REPORT A RESOLUTION OF THE HERMOSA BEACH CITY 19-0192 COUNCIL ELECTING TO BE EXEMPT FROM THE CALIFORNIA CONGESTION MANAGEMENT PROGRAM (Environmental Analyst Kristy Morris) Attachments:1. Government_Code_Section_65088.3-Opt_Out_Provision.pdf 2. Resolution.docx 3. Metro Board Report with Attachments – June 20 2018.pdf 4. Metro CMP Opt-Out FAQ Sheet.pdf 5. SUPPLEMENTAL eComment from David Grethen submitted 3-25-19 at 3:31.pdf p)REPORT NORTH SCHOOL RECONSTRUCTION PROJECT 19-0204 SUBCOMMITTEE AND MEMORANDUM OF UNDERSTANDING FULFILLMENT OVERSIGHT ROLE (City Manager Suja Lowenthal) Attachments:1. Link to North Elementary School Project Memorandum of Understanding - 02-27-19 2. Link to City Council 02-26-19 Meeting - Item 6b Motion Campbell and seconded by Duclos to authorize the Subcommittee to continue to serve as the Council's representatives on the joint City and Hermosa Beach City School District collaborative charged with overseeing the fulfillment of the North School Reconstruction Project Memorandum of Understanding executed on February 27, 2019. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos No: 1 – Fangary Absent:0 q)REPORT APPROVAL OF LETTER OPPOSING ASSEMBLY BILL NO. 377 19-0187 (GARCIA): MICROENTERPRISE HOME KITCHEN OPERATIONS (Assistant to the City Manager Nico De Anda-Scaia) City Council Meeting Minutes March 26, 2019 Page 9 of 11 City of Hermosa Beach Approved on 4/9/2019 Attachments:1. Draft Letter of Opposition to AB 377 2. AB 377 - Microenterprise Home Kitchen Operations 3. AB 626 - California Retail Food Code: Microenterprise Home Kitchen Operations 3. CONSENT ORDINANCES None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2j, 2l and 2p were heard at this time but are shown in order for clarity. 5. PUBLIC HEARINGS None 6. MUNICIPAL MATTERS a)REPORT GREENBELT INFILTRATION PROJECT NEXT STEPS 19-0191 (Environmental Analyst Kristy Morris) Attachments:1. D1712669_Executed Agreement.pdf 2. Approved MOU_Cost Sharing (Signed).pdf 3. Link to Project Page and Presentations 4. 2018-06-19-CommunityMeeting_TtSlides (061818).pptx 5. EH-SiteEvaluation-Option2-TT.pdf 6. EH-SiteEvaluation-SouthPark.pdf 7. EH-SiteEvaluation-Option3-TT.pdf 8. Alternative Sites_Hermosa Beach (100918).pdf 9. Memo_HB and RB collaboration (3).pdf 10. RE Inquiry on Potential Use of SCE RW - CatalinaHerondoN Francisca - City of Redondo Beach.msg 11. SD2-AlondraPark.pdf 12. SUPPLEMENTAL 59 eComments submitted between 03-22-19 to 3-25-19 (added 3-25-19 at 5:30pm).pdf 13. SUPPLEMENTAL 56 eComments submitted between 03-25-19 to 3-26-19 (added 3-26-19 at 6pm).pdf 14. SUPPLEMENTAL Email and Attachments from Pete Tucker (added 3-26-19 at 6pm).pdf 15. SUPPLEMENTAL Letter from David Grethen (added 3-26-19 at 6pm).pdf 16. SUPPLEMENTAL Letter from Redondo Beach Mayor Bill Brand City Council Meeting Minutes March 26, 2019 Page 10 of 11 City of Hermosa Beach Approved on 4/9/2019 (added 3-26-19 at 6:30pm).pdf The City's Stormwater Consultant, Kathleen McGowan (of McGowan Consulting), responded to Council questions. Coming forward: Max Riley Garrett Nose Luke Buchhagen Marion Pearl Maria Haase Ezra Cohen Xavier Haase Brian Hilgers Kathy Stemig Chris Prenter Racheal Wallis Jessika Werchick John Gardner Ira Ellman Ethan Mibu Barbara Ellman Cammie Herbert Beth Rohrer Kelly Moonan Adam Wald Jessica Guheen Dan Roukos Motion Massey and seconded by Fangary to initiate a dissolution or an amendment of the Memorandum of Understanding (MOU) to negotiate a suitable substitute or revised MOU and project with the City's partners. Aye:4 - Mayor Armato, Campbell, Fangary, and Massey No:1 - Duclos Absent:0 Motion Duclos and seconded by Campbell to continue tonight’s meeting until 11:00 p.m. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY City Council Meeting Minutes March 26, 2019 Page 11 of 11 City of Hermosa Beach Approved on 4/9/2019 COUNCIL a)19-0200 COUNCILMEMBER FANGARY PROVIDES UPDATE ON MEETING WITH SENATOR SCOTT WIENER’S LEGISLATIVE AIDE TO DISCUSS SENATE BILL 50 Attachments:1. SB 50 Fact Sheet.pdf 2. SBCCOG Opposition Letter 2-20-19.pdf 3. Link to Bill Text and Information Councilmember Fangary provided an update on Senate Bill 50 (SB 50), authored by State Senator Scott Wiener, which would allow for housing construction near transit and job centers, superseding local zoning ordinances and regulations in certain areas. Staff will return to Council with an evaluation of potential impacts to Hermosa and recommended actions. Motion Duclos and seconded by Fangary to continue tonight's meeting until 11:15 p.m. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 b)19-0201 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Councilmember Duclos requests that staff consult with the Chief of Police regarding enhanced enforcement on 4/20 in concert with other local cities. Councilmember Duclos spoke to his request, garnering support from Massey, Fangary and Armato. a)19-0202 TENTATIVE FUTURE AGENDA ITEMS Attachments:Tentative Future Agenda.pdf It was Council consensus to receive and file the Tentative Future Agenda Items. ADJOURNMENT 11:14 p.m., in memory of Chris Fix, to a continuation (at 11:15 p.m.) of tonight's earlier Closed Session, which adjourned at 11:30 p.m. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Minutes Tuesday, November 22, 2016 6:00 PM Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. Council Chambers City Council Mayor Hany Fangary Mayor Pro Tem Justin Massey Councilmembers Jeff Duclos Stacey Armato Carolyn Petty City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 2 of 9 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 -6:00 p.m. ROLL CALL Present: Armato, Duclos, Massey, Mayor Fangary Absent: Petty (arrived at 6:07 p.m.) PUBLIC COMMENT -None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM -6:01 p.m. 1.16-0708 MINUTES: Approval of minutes of Closed Sessions held on November 10, 2016. 2.16-0707 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation 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: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 b) Name of Case: Infinity Insurance Co. (Chung) v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 16K09695 b) Name of Case: Johnston et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BS163448 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Savell v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC636456 e) Name of Case: Sellan v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC633696 3.16-0712 CONFERENCE WITH LEGAL COUNSEL: Threatened Litigation Government Code Section 54956.9(d)(2) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 (threat of litigation from E&B Natural Resources Management Corporation) ADJOURNMENT OF CLOSED SESSION -7:10 p.m. City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 3 of 9 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:16 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Duclos, Massey, Petty, Mayor Fangary Absent: None CLOSED SESSION REPORT City Attorney Jenkins reported no public comments, no items added, and no reportable actions. ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS a)16-0706 GEORGE BARKS PRESENTS PROCLAMATION TO HERMOSA BEACH FROM SISTER CITY MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)16-0711 UPDATE ON PIER PLAZA SECURITY FROM POLICE CHIEF SHARON PAPA b)16-0728 FIRE SERVICES UPDATE FROM INTERIM FIRE CHIEF PETE BONANO PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: 16-0732 SUPPLEMENTAL LETTER FROM DAVID LOWE REGARDING CHAMBER OF COMMERCE BOARD OF DIRECTORS (Submitted during Public Comment at the City Council Meeting) Attachments:David Lowe Public Comment Information (added 11-28-16).pdf City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 4 of 9 2. CONSENT CALENDAR: Action: To approve consent calendar items 2(a) through 2(l), with the exception of the following item, which was removed from the consent calendar for separate discussion later in the meeting: 2(e) Duclos. Motion Massey, second Petty. The motion carried by a unanimous vote. 2a)REPORT CITY COUNCIL MEETING MINUTES 16-0727 (City Clerk Elaine Doerfling) Attachments:071216 mtg min draft Action: To receive and file the City Clerk's memorandum. 2b)REPORT CHECK REGISTERS 16-0713 (Finance Director Viki Copeland) Attachments:11-03-16 11-03-16a 11-10-16 Action: To ratify the check registers. 2c)REPORT REVENUE AND EXPENDITURE REPORTS FOR OCTOBER 2016 16-0720 (Finance Director Viki Copeland) Attachments:Oct 2016 Rev Status Report Oct 2016 Exp Status Report Action: To receive and file the October 2016 Financial Reports. 2d)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 16-0718 (City Treasurer Karen Nowicki) Attachments:October '16 Treasurer Report.pdf October '16 Cash Balances Report.pdf Action: To receive and file the October 2016 City Treasurer’s Report and Cash Balance Report. 2e)REPORT ACCEPTANCE OF DONATIONS 16-0710 (Finance Director Viki Copeland) City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 5 of 9 Action: To accept the following donations received by the City for the purposes noted: 1) Hermosa Beach Kiwanis Club $500 Veterans Memorial 2) Our Lady of Guadalupe Church $207 Keef K-9 3) Woman’s Club of Hermosa Beach $500 Fire Department Motion Duclos, second Fangary. The motion carried by a unanimous vote. 2f)REPORT CANCELLATION OF CERTAIN CHECKS 16-0705 (City Treasurer Karen Nowicki) Action: To approve cancellation of certain checks as recommended by the City Treasurer. 2g)16-0704 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 1, 2016 Attachments:Minutes_090116 - Sept.Meeting.docx Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 1, 2016. 2h)REPORT ACTION SHEET OF THE PLANNING COMMISSION MEETING OF 16-0715 NOVEMBER 15, 2016 Attachments:Planning Commission Action Sheet 11-15-16 Action: To receive and file the action sheet of the Planning Commission meeting of November 15, 2016. 2i)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 16-0714 (Community Development Director Ken Robertson) Attachments:Planning Commission November and December, 2016 Tentative Agenda Action: To receive and file the Planning Commission’s Tentative Future Agenda Items. 2j)REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 16-0717 MEETING OF SEPTEMBER 21, 2016 (Public Works Director Andrew Brozyna) Attachments:action minutes 9-21-16 Final Action: To receive and file the action minutes of the Public Works Commission meeting of September 21, 2016. City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 6 of 9 2k)REPORT PROJECT STATUS REPORT AS OF OCTOBER 31, 2016 16-0716 (Public Works Director Andrew Brozyna) Attachments:CIP Project Status Report October 2016 Action: To receive and file the Project Status Report as of October 31, 2016. 2l)REPORT RECOMMENDATION TO APPROVE THE FIRST AMENDMENT 16-0724 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH STANTEC CONSULTING SEVICES, INC. FOR IMPROVEMENTS TO PACIFIC COAST HIGHWAY BETWEEN ANITA STREET AND ARTESIA BOULEVARD, CIP NO. 12-160 (Public Works Director Andrew Brozyna) Attachments:13.006 Stantec Agreement_attach 1 Stantec Amendment with Exhibit_attach 2 Action: To: 1) Approve the First Amendment to the Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) for additional design services for a new not to exceed amount of $97,828; and 2) Authorize the Mayor to execute and the City Clerk to attest the attached First Amendment subject to approval by the City Attorney. 3. CONSENT ORDINANCES -None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2e was heard at this time but is shown in order for clarity. 5. PUBLIC HEARINGS 5a)REPORT A RESOLUTION OF THE CITY OF HERMOSA BEACH, 16-0600 CALIFORNIA, AMENDING RESOLUTION 16-7045 (MASTER FEE RESOLUTION) TO ADD A FEE FOR PUBLIC TREE REMOVAL AND DISABLED PARKING SPACE INSTALLATION, CONSIDERATION OF SERVICE FOR BABY SEAT INSTALLATION (Continued from meeting of October 13, 2016) (Finance Director Viki Copeland) Attachments:Comparison of Current-Proposed Fees, Public Tree Removal, Disabled Parking City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 7 of 9 Municipal Code - 12.36 TREES Municipal Code - 10.32.360 On-Street Disabled Parking Spaces QUESTIONS AND ANSWERS Re Public Tree Removal, Disabled Parking Space Reso 16-XXXX to Add Tree Removal SUPPLEMENTAL Memo fom Finance Director Viki Copeland (added 10-12-16 at 11am).pdf User Fee Study Supplemental Memo - Disabled Parking Space Fee Survey Action: To: 1) Adopt Resolution No. 16-7045, entitled “A RESOLUTION OF THE CITY OF HERMOSA BEACH. CALIFORNIA, ADOPTING FEES FROM THE FEE STUDY UPDATE,” which includes a new fee for public tree removal; and 2) Direct staff to assess the disabled parking fee, but to waive it for those with a household income of $75,000 or less (this waiver would require an affidavit). Motion Fangary, second Armato. The motion carried by a unanimous vote. Additional Action: To direct staff to let Beach Cities Health District know that Hermosa police officers no longer install baby seats, and to see if they can instead provide that service to the community. Motion Massey, second Fangary. The motion carried by a unanimous vote. 5b)REPORT CONSIDERATION OF OPTIONS FOR CONSOLIDATING FUTURE 16-0703 GENERAL MUNICIPAL ELECTIONS (CURRENTLY HELD IN ODD-NUMBERED YEARS) WITH STATEWIDE ELECTIONS HELD IN EVEN-NUMBERED YEARS IN COMPLIANCE WITH SENATE BILL 415; REDUCING OR EXTENDING THE TERMS OF ELECTED OFFICIALS ACCORDINGLY; AND INTRODUCING AN ORDINANCE TO CHANGE THE DATE OF GENERAL MUNICIPAL ELECTIONS BEGINNING IN EITHER NOVEMBER 2018 OR NOVEMBER 2020 (Continued from meeting of October 13, 2016) (City Clerk Elaine Doerfling) Attachments:Turnout comparison chart Ord for 2018 election change Ord for 2020 election change SB 415 Action: To waive full reading and introduce by title Ordinance No. 16-1373, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MOVING THE DATE OF THE CITY’S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVEN-NUMBERED YEARS BEGINNING IN NOVEMBER 2022,” which would lengthen terms to five years for the next two election cycles. Motion Armato, second Fangary. The motion carried 3-2, noting the dissenting votes of Petty and Massey. City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 8 of 9 6. MUNICIPAL MATTERS 6a)REPORT RECOMMENDATION FOR THE INSTALLATION OF AN 16-0719 ALL-WAY STOP AT THE INTERSECTION OF LOMA DRIVE AND OZONE COURT (Public Works Director Andrew Brozyna) Attachments:1 - PHOTOS 2 - CONSULTANT REPORT 3 - PUBLIC COMMISSION MEETING MINUTES 4 - PUBLIC NOTICE Action: To approve the installation of an All-Way Stop at the intersection of Loma Drive and Ozone Court, a recommended by staff. Motion Massey, second Duclos. The motion carried by a unanimous vote. 6b)REPORT RECOMMENDATION FOR THE INSTALLATION 16-0723 OF A TWO-WAY STOP AT THE INTERSECTION OF GOLDEN AVENUE AND THE PRIVATE ACCESS ROAD OWNED BY CALIFORNIA WATER SERVICE COMPANY (Public Works Director Andrew Brozyna) Attachments:1 - Intersection pictures 2 - Traffic Engineers Report 3 - PWC Action Minutes 9-21-16 4 - public notification SUPPLEMENTAL Memo from Public Works Director Andrew Brozyna (added 11-22-16 at 1pm).pdf Action: To reject the proposal. Motion Massey, second Duclos. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL 7a)REPORT CITY COUNCIL MEETING SCHEDULE FOR 2017 16-0725 (Continued from meeting of November 10, 2016) (Interim City Manager John Jalili) Attachments:DRAFT 2017 CITY COUNCIL MEETING SCHEDULE SUPPLEMENTAL Memo from Interim City Manager John Jalili (added 11-22-16 at 1pm).pdf It was Council consensus to receive and file the City Council meeting schedule for 2017. City Council Regular Meeting Minutes November 22, 2016 City of Hermosa Beach Approved on 4/9/2019 Page 9 of 9 8. OTHER MATTERS - CITY COUNCIL a)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0726 Attachments:Tentative Future Agenda.doc It was Council consensus to receive and file the Tentative Future Agenda Items. 2016-2017 STRATEGIC PLAN (For reference when considering Other Matters items) Attachments:Plan in Brief 2015 Performance Report 2016-2021-2031 Strategic Plan Action Agenda Leader's Guide Decision Making Tool ADJOURNMENT At 10:06 p.m. Tuesday, November 22, 2016 to 7 p.m. Wednesday, November 30, 2016 for a Library Needs Assessment Town Hall in the Council Chambers, which will then adjourn to 6 p.m. Thursday, December 1, 2016 for a BHS/NCADD Educational Forum in the Council Chambers, which will then adjourn to an Adjourned Regular meeting at 7 p.m. Wednesday, December 7, 2016 for the purpose of conducting a Closed Session, which will convene in the Council Chambers and move to the second floor conference room after public comment. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0211 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 3/14/19 2.Check Register 3/21/19 3.Check Register 3/25/19 Approved: Viki Copeland, Finance Director City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ 03/14/2019 Check Register CITY OF HERMOSA BEACH 1 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91395 3/14/2019 3SI SECURITY SYSTEMS, INC.0000619615 ANNUAL MAINTENANCE FEE FOR TRACKING DEVI19759 001-2101-4309 864.00 Total : 864.0019759 91396 3/14/2019 ABSOLUTE INTERNATIONAL SECURIT 209053051 (PO 14672) DOWNTOWN/PLAZA/SECURITY/FEB1921086 001-2101-4201 8,092.64 Total : 8,092.6421086 91397 3/14/2019 ADMINISTRATIVE SERVICES CO OP 3708 (PO 14432)TAXI VOUCHER PROGRAM/JAN1911437 145-3404-4201 5,170.10 Total : 5,170.1011437 91398 3/14/2019 ASCENT ELEVATOR SERVICES, INC 15111 (PO 14268) ELEVATOR MAINTENANCE/MAR1918891 001-4204-4201 288.00 Total : 288.0018891 91399 3/14/2019 AT&T 248 134-9454 462 8 PD/WHITE PAGES LISTING/MAR1900321 001-2101-4304 13.98 PD COMPUTER CIRCUITS/MAR19960 461-1985 555 7 001-2101-4304 108.62 Total : 122.6000321 91400 3/14/2019 BARROWS, PATRICK PO 33060 INSTRUCTOR PAYMENT/CLASS NOS. 7899/7900/17271 001-4601-4221 1,249.50 Total : 1,249.5017271 91401 3/14/2019 BLUE DIAMOND MATERIALS 1426148 MAT REQ 673805/ASPHALT/EMULSION BUCKETS06409 001-3104-4309 395.86 MAT REQ 673806/ASPHALT/EMULSION BUCKETS1426213 001-3104-4309 340.86 Total : 736.7206409 91402 3/14/2019 BRAUN LINEN SERVICE 1520721 thru 1525160 PRISONER LAUNDRY/FEB1900163 001-2101-4306 250.49 Total : 250.4900163 91403 3/14/2019 BRIGGS JR, WILLIAM Parcel 4182-006-016 STREET LIGHT TAX REBATE16281 105-3105 24.61 2b (1) 03/14/2019 Check Register CITY OF HERMOSA BEACH 2 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 24.61 91403 3/14/2019 BRIGGS JR, WILLIAM16281 91404 3/14/2019 BRUNN, OFFICER GEORGE PO 33082 PER DIEM/ICI SEXUAL ASSAULT INVESTIGATIO11620 001-2101-4312 75.00 Total : 75.0011620 91405 3/14/2019 BURKE, WILLIAMS & SORENESEN 237874 LEGAL SERVICES/LABOR NEGOTIATIONS/JAN1920054 001-1203-4201 265.50 Total : 265.5020054 91406 3/14/2019 CA NARCOTIC OFFICERS' ASSOC.PO 33053 FRANCO/MEMBERSHIP/JAN19-DEC1910584 001-2101-4315 100.00 Total : 100.0010584 91407 3/14/2019 COAR, CELESTE Parcel 4183-023-009 STREET LIGHT & SEWER TAX REBATE10614 001-6871 121.69 105-3105 24.61 Total : 146.3010614 91408 3/14/2019 CODE 5 GROUP, LLC 2572 TRACKING SERVICE APR19-MAR2017333 001-2101-4201 600.00 Total : 600.0017333 91409 3/14/2019 COMPLETES PLUS 01YV8679 to 01YW9707 VEHICLE REPAIR PARTS/FEB1909436 715-2101-4311 565.87 715-4201-4311 42.89 Total : 608.7609436 91410 3/14/2019 DE CANIO, DARLENE Parcel 4182-028-018 STREET LIGHT TAX REBATE10689 105-3105 24.61 Total : 24.6110689 91411 3/14/2019 DEPARTMENT OF JUSTICE PO 33086 SMUTS/CONCEAL & CARRY WEAPON LICENSE00364 001-2101-4251 96.00 Total : 96.0000364 91412 3/14/2019 DUMMIES UNLIMITED 19-10085 TRAINING DUMMY21249 001-2101-4317 1,195.00 001-2101-4317 113.53 03/14/2019 Check Register CITY OF HERMOSA BEACH 3 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,308.53 91412 3/14/2019 DUMMIES UNLIMITED21249 91413 3/14/2019 DURAN, GERARDO 001502092019 FOOD FOR DUI CHECKPOINT 2/9/1914811 001-2101-4309 240.00 Total : 240.0014811 91414 3/14/2019 EMPIRE PIPE CLEANING AND EQUIP 11544 (PO 14845)CLEAN & VIDEO INSPECT SEWERS/FEB1907853 160-3102-4201 20,801.53 Total : 20,801.5307853 91415 3/14/2019 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/MAR1919884 001-2101-4304 886.09 EOC ANALOG LINES/MAR19310-318-0113-1203155 715-1206-4304 1,765.14 CASHIER TAPS LINE/MAR19310-318-8751-0128095 001-1204-4304 55.23 DUI BREATH TESTER/MAR19310-318-9210-0827185 001-2101-4304 66.39 PERSONNEL FAX LINE/MAR19310-372-6373-0311045 001-1203-4304 52.87 EOC CABLE & INTERNET/MAR19323-159-2268-0924145 001-1201-4304 289.19 Total : 3,114.9119884 91416 3/14/2019 GALLS LLC BC0762812 MAT REQ 773271/CSO RAMOS/UNIFORM01320 001-3302-4314 434.43 REQ 751557/PT UNIFORM JACKET/LETTERINGBC0785685 001-3302-4201 207.82 Total : 642.2501320 91417 3/14/2019 GRAINGER 9095293461 MAT REQ 572017/PIPE STRAPS10836 001-3304-4309 162.89 MAT REQ 686515/STEEL SHAFT FOR ROLLER9101377399 715-3104-4311 70.45 MAT REQ 686517/DRILL BITS FOR ROLLER9104058046 715-3104-4311 15.82 MAT REQ 686516/DRILL BIT FOR ROLLER9104159356 715-3104-4311 32.29 Total : 281.4510836 03/14/2019 Check Register CITY OF HERMOSA BEACH 4 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91418 3/14/2019 HAJOCA CORP February Invoices PLUMBING SUPPLIES/FEB1913330 001-4204-4309 388.31 Total : 388.3113330 91419 3/14/2019 HANE, RAYMOND PO 33058 CITATION NO. 32005460 OVERPAYMENT21265 001-3302 28.00 Total : 28.0021265 91420 3/14/2019 HAWTHORNE ELECTRIC SUPPLY 265303 MAT REQ 773977/100W BULBS (20)20974 105-2601-4309 771.75 Total : 771.7520974 91421 3/14/2019 INGLEWOOD WHOLESALE ELECTRIC 25970400 to 25970500 ELECTRICAL SUPPLIES/FEB1902458 105-2601-4309 2,501.53 Total : 2,501.5302458 91422 3/14/2019 JANKEN, JACK Parcel 8188-006-006 STREET LIGHT TAX REBATE10513 105-3105 24.61 Total : 24.6110513 91423 3/14/2019 JOHNSON, LESLIE PO 32979 INSTRUCTOR PAYMENT/CLASSES 7843-618132 001-4601-4221 3,696.00 Total : 3,696.0018132 91424 3/14/2019 LA CO METRO TRANSPORTATION 103364 SENIOR & STUDENT BUS PASSES/JAN1915782 145-3403-4251 196.00 Total : 196.0015782 91425 3/14/2019 LA CO SHERIFFS DEPARTMENT 192581BL MAT REQ 863286/PRISONER MEALS/JAN1900151 001-2101-4306 89.80 Total : 89.8000151 91426 3/14/2019 LA UNIFORMS & TAILORING 1625 MAT REQ 773279/CSO COOKE/UNIFORM20771 001-3302-4314 18.48 Total : 18.4820771 91427 3/14/2019 LEARNED LUMBER B652395 to B654782 MAINTENANCE SUPPLIES/FEB1900167 001-4204-4309 44.34 715-4204-4201 7.61 03/14/2019 Check Register CITY OF HERMOSA BEACH 5 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 51.95 91427 3/14/2019 LEARNED LUMBER00167 91428 3/14/2019 LEWIS, ANNIE G.PO 32993 INSTRUCTOR PAYMENT/CLASSES 7783/520732 001-4601-4221 1,666.00 Total : 1,666.0020732 91429 3/14/2019 LONG BEACH BMW MOTORCYCLE 33881 2017 BMW MOTORCYCLE MAINTENANCE12739 715-2101-4311 640.01 Total : 640.0112739 91430 3/14/2019 MCGOWAN CONSULTING LLC HB-MS4-1819-05 STORM WATER MGMT/NPDES PERMITS/JAN1914041 161-3109-4201 4,369.10 Total : 4,369.1014041 91431 3/14/2019 MCNAMARA, STEVEN PO 33063 ADMINISTRATIVE CITATION NO. 5068 REFUND21262 001-3305 1,250.00 Total : 1,250.0021262 91432 3/14/2019 MERCHANTS LANDSCAPE SERVICES 53623 (PO 14377)CITYWIDE LANDSCAPING SERVICES/FEB1918071 001-6101-4201 19,200.00 CITYWIDE LANDSCAPING SERVICES/FEB1953624 (PO 14377) 105-2601-4201 3,700.00 Total : 22,900.0018071 91433 3/14/2019 MINUTEMAN PRESS 24850 500 NOTICE OF PUBLIC MEETING POSTERS12055 001-1208-4305 1,167.78 001-1208-4305 110.94 Total : 1,278.7212055 91434 3/14/2019 MONTROSE AND ASSOCIATES INC 25759 TROUBLESHOOT AUDIO FEED TO TIME WARNER13791 715-4204-4201 540.00 Total : 540.0013791 91435 3/14/2019 PVP COMMUNICATIONS INC 125319 REPLACEMENT MOTOR HELMET FOR SGT HIGGINS08364 001-2101-4314 764.00 001-2101-4314 72.58 Total : 836.5808364 91436 3/14/2019 REGIONAL TAP SERVICE CENTER 6008588 BUS PASSES/JAN1920061 001-1204-4251 65.00 03/14/2019 Check Register CITY OF HERMOSA BEACH 6 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 65.00 91436 3/14/2019 REGIONAL TAP SERVICE CENTER20061 91437 3/14/2019 RJ PRINTING & PROMOTIONAL 145 TRAFFIC CITATIONS21153 001-2101-4305 1,876.85 001-2101-4305 174.22 Total : 2,051.0721153 91438 3/14/2019 RUIZ, FRANK PO 33057 CITATION NO. 35007402 OVERPAYMENT21263 001-3302 28.00 Total : 28.0021263 91439 3/14/2019 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 ELECTRICITY/FEB1900159 105-2601-4303 81.98 ELECTRICITY/FEB192-01-414-2152 001-6101-4303 1,442.63 ELECTRICITY/FEB192-01-414-4281 105-2601-4303 231.32 ELECTRICITY/FEB192-08-629-3669 001-4204-4303 73.54 ELECTRICITY/FEB192-19-024-1604 001-4204-4303 1,786.52 ELECTRICITY/FEB192-20-128-4825 001-3304-4303 1,193.73 ELECTRICITY/FEB192-20-128-5475 001-4204-4303 199.95 ELECTRICITY/FEB192-20-984-6369 105-2601-4303 53.45 ELECTRICITY/FEB192-23-687-8021 001-3104-4303 45.63 ELECTRICITY/FEB192-31-250-3303 001-6101-4303 35.97 ELECTRICITY/FEB192-36-722-1322 105-2601-4303 40.47 ELECTRICITY/FEB192-37-909-1838 001-4204-4303 379.43 ELECTRICITY/FEB192-39-985-7812 001-4204-4303 1,188.13 ELECTRICITY/FEB192-41-090-1755 001-4204-4303 50.53 03/14/2019 Check Register CITY OF HERMOSA BEACH 7 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 6,803.28 91439 3/14/2019 SOUTHERN CALIFORNIA EDISON CO00159 91440 3/14/2019 SPARKLETTS 4472788 022819 COMM RES/DRINKING WATER/FEB1900146 001-4601-4305 233.76 Total : 233.7600146 91441 3/14/2019 SPECTRUM BUSINESS 0049969030119 PD/CABLE/MAR1920236 001-2101-4201 72.09 PW YARD/CABLE/APR190088884030419 001-4202-4201 127.22 Total : 199.3120236 91442 3/14/2019 SPRINT 269424317-207 PD/TRUNK MODEM 11/FEB1910098 153-2106-4201 35.00 COMM RES/CELL PHONES/FEB19551834312-207 001-4601-4304 161.90 Total : 196.9010098 91443 3/14/2019 UNDERGROUND SERVICE ALERT 18dsbfee837 UNDERGROUND SRVC ALERT/REGULATORY COSTS08207 160-3102-4201 38.69 UNDERGROUND SERVICE ALERTS/FEB19220190313 160-3102-4201 79.30 Total : 117.9908207 91444 3/14/2019 VERIZON BUSINESS SERVICES 70948012 VOIP PHONES/CITY HALL/PD/FD/SEP1818666 001-1101-4304 38.20 001-1121-4304 60.15 001-1132-4304 17.98 001-1141-4304 35.98 001-1201-4304 147.33 001-1202-4304 89.91 001-1203-4304 71.93 001-1204-4304 108.11 001-1208-4304 6.72 001-2201-4304 69.33 001-4101-4304 132.11 001-4201-4304 145.14 001-4202-4304 204.84 001-4204-4321 17.98 03/14/2019 Check Register CITY OF HERMOSA BEACH 8 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91444 3/14/2019 (Continued)VERIZON BUSINESS SERVICES18666 160-3102-4201 17.99 715-1206-4304 17.97 001-2101-4304 910.73 VOIP PHONES/CITY HALL/PD/FD/JAN1971054732 001-1101-4304 38.22 001-1121-4304 60.13 001-1132-4304 17.98 001-1141-4304 35.99 001-4204-4321 17.97 160-3102-4201 17.97 715-1206-4304 17.98 001-1201-4304 147.45 001-1202-4304 90.08 001-1203-4304 71.95 001-1204-4304 107.99 001-1208-4304 6.74 001-2101-4304 807.03 001-2201-4304 69.25 001-4101-4304 131.99 001-4201-4304 145.00 001-4202-4304 204.54 Total : 4,080.6618666 91445 3/14/2019 VORTEX INDUSTRIES, INC.07-1314073 CITY HALL DOORS LEADING TO BARD/REPAIR15597 715-4204-4201 1,268.45 Total : 1,268.4515597 91446 3/14/2019 WITTMAN ENTERPRISES LLC 1901062 (PO 14587)AMBULANCE TRANSPORT BILLING/JAN1913359 001-1202-4201 2,725.72 Total : 2,725.7213359 230166737 1/24/2019 EXXON MOBIL BUSINESS FLEET 57041845 VEHICLE FUEL PURCHASES 11/11/18-12/10/1810668 001-1250 78.71 715-2101-4310 5,934.01 715-3104-4310 312.03 715-3302-4310 1,262.58 715-4204-4310 114.12 715-4206-4310 331.62 03/14/2019 Check Register CITY OF HERMOSA BEACH 9 5:07:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 230166737 1/24/2019 (Continued)EXXON MOBIL BUSINESS FLEET10668 715-6101-4310 231.36 Total : 8,264.4310668 1932525024 3/13/2019 ADMINSURE AS AGENT FOR THE 3/14/19 Check Run WORK COMP CLAIMS REIMB/MAR1914691 705-1217-4324 16,789.63 Total : 16,789.6314691 Bank total : 129,174.54 54 Vouchers for bank code :boa 129,174.54Total vouchers :Vouchers in this report 54 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 9 inclusive, of the check register for 3/14/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/26/19 03/21/2019 Check Register CITY OF HERMOSA BEACH 1 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91447 3/21/2019 ALL AMERICAN ASPHALT Progress Payment 3 STREET IMPROVE/HERMOSA AVE/NOV-DEC1816956 147-8174-4201 21,549.50 122-8174-4201 21,549.50 145-8174-4201 93,381.18 STREET IMPROVEMENTS/HERMOSA AVE/DEC18Progress Payment 4 147-8174-4201 43,803.82 122-8174-4201 21,901.91 145-8174-4201 21,901.90 Total : 224,087.8116956 91448 3/21/2019 APPLE BUSINESS TEAM AA03154741 ON-SITE TICKET SALES/IPADS/IPODS20920 001-4601-4201 1,336.62 Total : 1,336.6220920 91449 3/21/2019 ARCHIBALD, DIANA Receipt 2000540/1 CANCELLED EXCURSION REFUND21272 001-2111 100.00 Total : 100.0021272 91450 3/21/2019 ART TO GROW ON, INC PO 32975 INSTRUCTOR PAYMENT/CLASSES 7835/715002 001-4601-4221 1,701.00 Total : 1,701.0015002 91451 3/21/2019 AT&T 310 796-6526 991 3 PD COMPUTER CIRCUITS/MAR1900321 001-2101-4304 122.33 Total : 122.3300321 91452 3/21/2019 AT&T MOBILITY 287016141723X0314201 PUMP STATIONS/PW ADMIN CELL PHONES/FEB1913361 001-4202-4304 222.64 Total : 222.6413361 91453 3/21/2019 BEST BEST & KRIEGER LLP 841317 GENERAL CITY ATTORNEY SERVICES/JAN1920942 001-1131-4201 30,839.70 CITY ATTORNEY SERVICES/LAND USE/JAN19841318 001-1131-4201 8,041.00 CITY ATTORNEY SERVICES/CROSSFIT/JAN19841319 001-1133-4201 19,482.86 CITY ATTORNEY SERVICES/ROTH V TRAN/JAN19841320 001-1133-4201 3,965.40 2b (2) 03/21/2019 Check Register CITY OF HERMOSA BEACH 2 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91453 3/21/2019 (Continued)BEST BEST & KRIEGER LLP20942 CITY ATTORNEY/FIEDLER V BOZZI/JAN19841321 001-1133-4201 7,566.60 CITY ATTORNEY/PITCHESS MOTIONS/JAN19841322 001-1131-4201 228.60 LEGAL/PIER STRAND HOTEL EIR/JAN19841323 001-2105 625.00 CITY ATTORNEY SERVICES/PERSONNEL/JAN19841324 001-1203-4201 10,402.80 GENERAL CITY ATTORNEY SERVICES/FEB19843658 001-1131-4201 38,828.15 CITY ATTORNEY SERVICES/LAND USE/FEB19843659 001-1131-4201 5,030.30 CITY ATTORNEY SERVICES/CROSSFIT/FEB19843660 001-1133-4201 16,827.00 CITY ATTORNEY/FIEDLER V BOZZI/FEB19843661 001-1133-4201 723.00 LEGAL/CITY V SCHOOL DISTRICT/FEB19843662 001-1133-4201 10,475.60 CITY ATTORNEY/CITY V SANFORD/FEB19843663 001-1133-4201 784.80 LEGAL/PIER STRAND HOTEL EIR/FEB19843664 001-2105 225.00 CITY ATTORNEY SERVICES/PERSONNEL/FEB19843665 001-1203-4201 5,596.00 Total : 159,641.8120942 91454 3/21/2019 CANON BUSINESS SOLUTIONS, INC 4028444357 PW ADMIN COPIER USAGE 11/16/18-2/15/1910838 715-1208-4201 228.74 RECORDS COPIER USAGE 11/30/18-2/27/194028542070/PO 14541 715-2101-4201 87.72 Total : 316.4610838 91455 3/21/2019 CARPET SPECTRUM, INC.15966 (PO 14644)CITY HALL 1ST FLOOR/NEW CARPETING08909 715-4204-4201 14,489.00 Total : 14,489.0008909 91456 3/21/2019 CLEAN ENERGY CE12161122 COMPRESSED NATURAL GAS/VEHICLES/JAN1909694 715-3104-4310 36.10 03/21/2019 Check Register CITY OF HERMOSA BEACH 3 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91456 3/21/2019 (Continued)CLEAN ENERGY09694 715-2601-4310 111.53 715-6101-4310 223.93 715-3109-4310 96.04 715-4601-4310 31.74 COMPRESSED NATURAL GAS/VEHICLES/FEB19CE12169229 715-6101-4310 32.45 715-3109-4310 57.87 715-4601-4310 72.13 Total : 661.7909694 91457 3/21/2019 DEWEY PEST CONTROL Account 759408 PO 14430/PEST CONTROL/MAR1911449 001-4204-4201 694.00 Total : 694.0011449 91458 3/21/2019 DEWEY PEST CONTROL Account 1233239 PO 14430/SEWER RAT ABATEMENT/MAR1911449 160-3102-4201 262.00 Total : 262.0011449 91459 3/21/2019 EASY READER 19-006 thru 19-011 MAT REQ 973748/LEGAL ADS/FEB1900181 001-1121-4323 1,408.51 Total : 1,408.5100181 91460 3/21/2019 FAMILY THEATRE INC PO 33046 INSTRUCTOR PAYMENT/CLASSES 7745/5216932 001-4601-4221 4,117.50 Total : 4,117.5016932 91461 3/21/2019 FEDERAL EXPRESS CORP 6-491-18436 REQ 837842/COUNTY PUBLIC HEALTH MOU01962 001-1201-4305 24.95 Total : 24.9501962 91462 3/21/2019 FJR PACIFIC, INC.21109 CHAMBERS HEATER/AC EMERGENCY REPLACEMENT21217 715-4204-4201 19,500.00 Total : 19,500.0021217 91463 3/21/2019 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/MAR1919884 001-3302-4304 71.38 001-2101-4304 809.45 001-4204-4321 216.26 001-4202-4304 54.27 03/21/2019 Check Register CITY OF HERMOSA BEACH 4 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91463 3/21/2019 (Continued)FRONTIER19884 001-4201-4304 158.35 001-3304-4304 60.61 001-1204-4304 52.87 CHAMBERS EOC ANALOG LINES/MAR19310-318-9800-1204155 715-1206-4304 1,411.93 FIBER OPTIC LINE 3/13/19-4/12/19323-155-6779-0822065 715-1206-4201 213.98 Total : 3,049.1019884 91464 3/21/2019 GILLEN, JOHN PO 33103 DISMISSED CITATION NO. 3101095221267 001-3302 53.00 Total : 53.0021267 91465 3/21/2019 GUERRA, JOHN L Parcel 4186-025-035 STREET LIGHT AND SEWER TAX REBATE19535 001-6871 121.69 105-3105 24.61 Total : 146.3019535 91466 3/21/2019 IPS GROUP INC 40237 PARKING METER COLLECTION CARDS19314 001-3302-4309 30.00 001-3302-4309 10.85 Total : 40.8519314 91467 3/21/2019 JOHNSON CONTROLS FIRE PROTECTI 20809384 COMM CTR FIRE ALARM MONITORING APR19-MAR13061 001-4204-4321 853.51 Total : 853.5113061 91468 3/21/2019 LA SUPERIOR COURT - TORRANCE PO 33104 PARKING CITATION SURCHARGES/JAN1900118 001-3302 53,020.70 Total : 53,020.7000118 91469 3/21/2019 LIEBERT CASSIDY WHITMORE 1446004 LEGAL SERVICES/PERSONNEL/AUG1702175 001-1203-4201 250.00 LEGAL SERVICES/PERSONNEL/MAR181456829 001-1203-4201 450.00 LEGAL SERVICES/PERSONNEL/JUL181463694 001-1203-4201 5,231.00 LEGAL SERVICES/PERSONNEL/AUG181465167 001-1203-4201 4,238.00 03/21/2019 Check Register CITY OF HERMOSA BEACH 5 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 10,169.00 91469 3/21/2019 LIEBERT CASSIDY WHITMORE02175 91470 3/21/2019 LOS ANGELES PHILHARMONIC ASSOC Order No. 3273574 HOLLYWOOD BOWL EXCURSION DEPOSIT17288 001-4601-4201 595.00 Total : 595.0017288 91471 3/21/2019 M6 CONSULTING INC 1062-19 (PO 9142)ENCROACHMENT PERMIT REVIEW/DEC1819487 001-4202-4201 6,630.00 ENCROACHMENT PERMIT REVIEW/JAN191063-19 (PO 9142) 001-4202-4201 2,685.00 LAND DEVELOPMENT REVIEW/SKECHERS/JAN191064-19 (PO 9142) 001-2131 3,187.50 Total : 12,502.5019487 91472 3/21/2019 MANIACI INSURANCE SERVICES 917 (PO 14354)BENEFITS CONNECT ADMINISTRATION/FEB1918312 001-1203-4201 587.52 Total : 587.5218312 91473 3/21/2019 MICHEL, SUZANNE Receipt 2000550.002 CANCELLED EXCURSION REFUND17886 001-2111 50.00 Total : 50.0017886 91474 3/21/2019 MILLER, CLAIRE Parcel 4184-023-007 STREET LIGHT & SEWER TAX REBATE13183 001-6871 121.69 105-3105 24.61 Total : 146.3013183 91475 3/21/2019 PARADISE AWARDS 21571 SURFER'S WALK OF FAME 2019 PLAQUES08878 001-2130 3,136.00 001-2130 297.92 Total : 3,433.9208878 91476 3/21/2019 PITNEY BOWES INC 3102958176/PO 14102 POSTAGE METER RENTAL 12/30/18-3/29/1913838 715-1208-4201 644.18 Total : 644.1813838 91477 3/21/2019 REDONDO BEACH, CITY OF 567363 (PO 14493)CITY PROSECUTOR SERVICES/FEB1903282 001-1132-4201 16,667.00 Total : 16,667.0003282 03/21/2019 Check Register CITY OF HERMOSA BEACH 6 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91478 3/21/2019 ROUND STAR WEST LLC PO 33047 INSTRUCT PMT/CLASSES 7815-6/26-28/30-3216921 001-4601-4221 4,977.00 Total : 4,977.0016921 91479 3/21/2019 SBCU VISA 020319-A CC SURFBOARDS FOR COUNCIL PRESENTATIONS03353 001-1101-4319 274.00 PO 14505/WATER DELIVERY 1/13/19-2/12/1909B0034513168 CC 001-2101-4305 301.19 ASSOCIATE ENGINEER JOB AD3341535 CC 001-1203-4201 295.00 TOOL BOX AND BED MAT FOR NEW TRUCK #5542-179797 CC 715-3104-5403 547.99 715-3104-5403 52.06 COMM DEV STAFF TRAINING REFRESHMENTSEmail CC 001-1203-4305 37.11 SENIOR CENTER MUSIC/MAR19Email CC 001-4601-4328 9.99 MANAGEMENT RETREAT BALANCE DUEEmail CC 001-1201-4317 222.38 PO 14338/CONFERENCE LINE/JAN19IC30411-0119 CC 001-1201-4304 58.79 CLOSED COUNCIL SESSION DINNEROrder 1058997 CC 001-1101-4305 215.31 EMERGENCY MANAGER/KEYBOARD DRAWEROrder Ending 3857 CC 001-1201-4305 39.99 001-1201-4305 3.80 SLIDE RULE FOR CONCRETE & MASONRY WORKOrder Ending 5007 CC 001-3104-4309 38.44 SILVERWARE AND TOASTER FOR CITY YARDOrder Ending 9815 CC 001-4202-4305 18.96 001-4202-4305 36.64 WATTLES FOR THE GREENBELTOrder No. 935346 CC 125-8546-4201 463.84 125-8546-4201 44.06 WATTLES NEEDED FOR THE GREENBELTOrder No. 951135 CC 125-8546-4201 463.84 125-8546-4201 44.06 LAW ENFORCEMENT OFFICER RIGHTS BOOKPO 32900 CC 001-2101-4305 93.88 03/21/2019 Check Register CITY OF HERMOSA BEACH 7 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91479 3/21/2019 (Continued)SBCU VISA03353 BASE 3 PLUMBING REPAIR PARTSPO 32921 CC 001-4204-4309 153.99 001-4204-4309 14.63 FIRST AID SUPPLY REPLACEMENTSPO 32931 CC 001-1201-4305 254.04 AWARDS FOR GREEN BUSINESS CERTIFICATIONPO 32932 CC 001-1201-4201 804.46 1,000 EXCURSION WRISTBANDSPO 32951 CC 001-4601-4308 57.50 MASSEY/MOVE LA TRANSPORTATION CONFERENCEPO 32960 CC 001-1101-4317 25.00 BRIEFING/DRY ERASE BOARD/FLAG CANVASPO 32967 CC 001-2101-4305 296.61 MAGNETIC CLIPBOARDPO 33005 CC 001-2101-4305 43.15 RUBBER PARKING BLOCK FOR RECRUIT TESTINGPO 33006 CC 001-2101-4305 119.25 PHILLIPS/NASAL NARCAN ONLINE TRAININGPO 33012 CC 001-2101-4317 10.00 ORAL BOARD LUNCHReceipt CC 001-1203-4201 62.76 TRAINING SNACKSReceipt CC 001-1203-4305 11.96 BANANAS & MUFFINS FOR ORAL BOARDReceipt CC 001-1203-4201 12.10 TRAINING SNACKSReceipt CC 001-1203-4305 37.23 COFFEE FOR ORAL BOARDReceipt CC 001-1203-4201 9.50 COMMUNITY POLICE ADVISORY BOARD/FOODReceipt CC 001-3302-4201 118.26 COMMUNITY POLICE ADVISORY BOARD/CUPCAKESReceipt CC 001-3302-4201 9.99 PW STAFF MEETING W/CM - REFRESHMENTSReceipt CC 001-1201-4305 52.25 COUNCIL DINNERReceipt CC 001-1101-4305 175.99 COUNCIL DINNERReceipt CC 03/21/2019 Check Register CITY OF HERMOSA BEACH 8 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91479 3/21/2019 (Continued)SBCU VISA03353 001-1101-4305 276.89 COUNCIL DINNERReceipt CC 001-1101-4305 255.37 REPLACEMENT VOIP PHONE FOR KIM CHAFINSI-351463 CC 715-1206-4305 103.89 715-1206-4305 7.53 DE ANDA-SCAIA/LEAGUE OF CA CITIES CONFTR 748 CC 001-1201-4317 592.40 DROZ/POST SUPERVISORY COURSETR 778 CC 001-2101-4312 1,465.50 CITY-RELATED EVENT ADS 1/11/19-2/10/19TransIDEnding8086 CC 001-1201-4201 44.13 Total : 8,275.7103353 91480 3/21/2019 SMART AND FINAL IRIS COMPANY 3220630019163 MAT REQ 863280/COFFEE SUPPLIES FOR JAIL00114 001-2101-4306 39.05 MAT REQ 863379/EXCURSION GOODY BAG3220630022051 001-4601-4308 56.34 REQ 863284/JAIL/CUTLERY/COFFEE/SNACKS3220630022828 001-2101-4306 92.00 MAT REQ 773911/PAPER TOWELS/CUPS/SNACKS3220630053502 001-4601-4305 60.37 MAT REQ 773912/SENIOR CENTER COFFEE3220630053503 001-4601-4328 72.63 MAT REQ 873449/BASE 3 CLEANING SUPPLIES3220630053504 001-3302-4309 74.18 MAT REQ 863337/PARK PROGRAM SNACKS3220630055952 001-4601-4308 293.55 Total : 688.1200114 91481 3/21/2019 SOUTHERN CALIFORNIA EDISON CO 2-00-989-7315 ENERGY EFFICIENCY INSTALLMENT PMT00159 105-2601-4303 2,912.86 001-4204-4303 1,568.47 105-2601-4303 2,568.47 ELECTRICITY/FEB192-01-836-7458 105-2601-4303 15.60 ELECTRICITY/FEB192-02-274-0542 001-6101-4303 21.77 03/21/2019 Check Register CITY OF HERMOSA BEACH 9 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91481 3/21/2019 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 ELECTRICITY/FEB192-09-076-5850 105-2601-4303 74.47 ELECTRICITY/FEB192-21-400-7684 105-2601-4303 29.38 ELECTRICITY/FEB192-26-686-5930 105-2601-4303 256.17 Total : 7,447.1900159 91482 3/21/2019 SPCALA 2019-0228 (PO 14433)ANIMAL SERVICES/FEB1918821 001-3302-4201 400.00 Total : 400.0018821 91483 3/21/2019 SPECTRUM BUSINESS 0046247031219 CITY HALL/CABLE/APR1920236 715-4204-4201 103.63 CITY HALL/BACKUP INTERNET/APR190241699030819 715-1206-4201 84.99 1301 HERMOSA/RCC CONNECTION/APR190350359031119 001-2101-4304 139.99 PD COMPUTER CIRCUITS/APR190352413031219 001-2101-4304 261.58 Total : 590.1920236 91484 3/21/2019 US SOUTHWESTERN FALUN DAFA Order 190318-664491 SHEN YUN EXCURSION BALANCE DUE21235 001-4601-4201 696.00 Total : 696.0021235 91485 3/21/2019 VERIZON BUSINESS SERVICES 71053611 VOIP PHONES/COMM RES/JAN1918666 001-4601-4304 141.24 Total : 141.2418666 91486 3/21/2019 VERIZON WIRELESS LA 9825951749 COMM DEV/CELL PHONES/FEB1903209 001-4201-4304 156.92 EMERGENCY MANAGER/CELL PHONE/FEB199825998634 001-1201-4304 53.84 Total : 210.7603209 91487 3/21/2019 VIGILANT SOLUTIONS LLC 22214 RI 6 LICENSE PLATE READERS/SERVICE RENEWAL20892 001-2101-4201 3,000.00 03/21/2019 Check Register CITY OF HERMOSA BEACH 10 6:15:15PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 3,000.00 91487 3/21/2019 VIGILANT SOLUTIONS LLC20892 1933631129 3/21/2019 ADMINSURE AS AGENT FOR THE 3/21/19 Check Run WORK COMP CLAIMS REIMB/MAR1914691 705-1217-4324 4,075.77 Total : 4,075.7714691 Bank total : 561,147.28 42 Vouchers for bank code :boa 561,147.28Total vouchers :Vouchers in this report 42 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check register for 3/21/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/21/19 03/25/2019 Check Register CITY OF HERMOSA BEACH 1 12:56:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91488 3/25/2019 ALMANZA, EDWARD P 1 FIBER OPTIC CABLE EIR/JAN19-MAR1917442 001-2108 3,337.11 SKECHERS EIR/AUG18-NOV1810 001-2107 1,610.00 CEQA CONSUTLING/NOV18-MAR1910 001-4101-4201 5,810.00 SKECHERS EIR/NOV18-MAR1911 001-2107 700.00 STRAND & PIER HOTEL EIR/SEP18-NOV185 001-2105 2,940.00 STRAND & PIER HOTEL EIR/NOV18-MAR196 001-2105 4,060.00 CROSSFIT SOUND VIBRATION ASSESS/FEB19Invoice 001-1133-4201 2,703.97 Total : 21,161.0817442 Bank total : 21,161.08 1 Vouchers for bank code :boa 21,161.08Total vouchers :Vouchers in this report 1 2b (3) 03/25/2019 Check Register CITY OF HERMOSA BEACH 2 12:56:28PM 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 2 inclusive, of the check register for 3/25/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/25/19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0218 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 APPROVAL OF ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SENATE BILL 1) PROJECT LIST FOR THE CITY OF HERMOSA BEACH FOR FISCAL YEAR 2019-20 (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Approve a resolution to adopt the Road Repair and Accountability Act of 2017 Project List for FY 2019-2020; and 2.Direct staff to submit the Project List and supporting documentation to the California Transportation Commission by May 1, 2019. Executive Summary: On April 28,2017,the Governor of California signed Senate Bill (SB)1 (Beall,Chapter 5,Statutes of 2017),known as the Road Repair and Accountability Act of 2017,to address basic road maintenance,rehabilitation and critical safety needs on both the state highway and local streets and road system.A percentage of this funding is apportioned by formula to eligible cities and counties for basic road maintenance,rehabilitation,and critical safety projects on the local streets and roads system. The City is required to submit a list of projects where SB 1 funding will be utilized to the California Transportation Commission each fiscal year.The FY 19-20 list is due to the Commission by May 1, 2019. Background: On April 28,2017,the Governor of California signed Senate Bill (SB)1 (Beall,Chapter 5,Statutes of 2017),known as the Road Repair and Accountability Act of 2017,to address basic road maintenance,rehabilitation and critical safety needs on both the state highway and local streets and road system.SB 1 increases per gallon fuel excise taxes,increases diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years. A percentage of this funding is apportioned by formula to eligible cities and counties for basic road City of Hermosa Beach Printed on 4/5/2019Page 1 of 5 powered by Legistar™ Staff Report REPORT 19-0218 A percentage of this funding is apportioned by formula to eligible cities and counties for basic road maintenance,rehabilitation,and critical safety projects on the local streets and roads system.The projected revenue for the City of Hermosa Beach in Fiscal Year 2019-20 is estimated at $325,620. SB 1 revenue is not intended to replace existing local discretionary funding,such as General Fund or Capital Improvement Funds,for road repair and maintenance projects.Therefore,it requires cities and counties to maintain their existing commitment of local funds for street,road,and highway purposes in order to remain eligible for Road Maintenance and Rehabilitation Account (RMRA) funding apportionment as defined by a Maintenance of Effort Estimate.The Maintenance of Effort (MOE)estimate establishes the minimum amount of funding that the City of Hermosa Beach must continue to allocate on an annual basis toward street and highway projects from local discretionary funds. The State Controller’s Office (SCO)completed its review of the City’s certified General Fund discretionary expenditures for street purposes for the period of July 1,2009,through June 30,2012. Based on the review, the SCO set the City’s MOE at $833,246. The City is required to submit a list of projects to the California Transportation Commission each fiscal year.The FY 19-20 list is due to the Commission by May 1,2019.The City is also required to develop and submit a project expenditure report to the Commission by October 1,2019 for the FY 18 -19 expenditures and comply with all requirements including reporting requirements for RMRA funding. RMRA funding can be used for basic road maintenance,rehabilitation,and critical safety projects on the local streets and roads system.Streets and Highways Code (SHC)Section 2030 provides a number of example projects and uses for RMRA funding that include,but are not limited to,the following: ·Road Maintenance and Rehabilitation ·Safety Projects ·Railroad Grade Separations ·Traffic Control Devices ·Complete Streets Components-including active transportation purposes,pedestrian and bicycle safety projects,transit facilities,and drainage and stormwater capture projects in conjunction with any other allowable project Additionally, RMRA projects can incorporate, where feasible, the following project elements: ·Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and City of Hermosa Beach Printed on 4/5/2019Page 2 of 5 powered by Legistar™ Staff Report REPORT 19-0218 reduce the cost of maintaining local streets and roads through material choice and construction method. ·Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to Zero Emissions Vehicle (ZEV)fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. ·Project features that increase resilience to the impacts of climate change,fires,floods and sea level rise. ·Complete Streets elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities. A city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030 if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 80.Hermosa Beach currently has an average Pavement Condition Index below 80. Therefore, the City needs to spend the available funding on the types of projects identified above. RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal funds for eligible projects. Analysis: Based on the expected revenues available for FY 2019-20,staff has identified three projects that meet the Street and Highway Code guidance for projects for this year’s list.This list also includes current projects that continue to receive RMRA funding.The recommended projects are described below and in Attachment 2. CIP 19-190 Annual Street Improvements Estimated Total Project Cost: $1,300,000 This project consists of pavement rehabilitation of streets at various locations.The project also includes the repair or replacement of deteriorated portions of sidewalk,curb and gutter,and curb ramps.Construction costs are estimated at $1,000,000 for the street rehabilitation road improvement portion. Design and construction management costs are estimated at $150,000 each. CIP 17-186 Street Improvements - Various Locations Estimated Total Project Cost: $1,340,000 This project consists of pavement rehabilitation of streets at various locations.The project also includes the repair or replacement of deteriorated portions of sidewalk,curb &gutter and curb ramps. Construction costs are estimated at $1,000,000 for the street rehabilitation road improvement portion. Design and construction management costs are estimated at $170,000 each. City of Hermosa Beach Printed on 4/5/2019Page 3 of 5 powered by Legistar™ Staff Report REPORT 19-0218 CIP 14-173 8th Street Improvements Estimated Total Project Cost: $1,001,000 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 sidewalks on both sides of the street and ADA curb access ramps on 8th Street.Construction costs are estimated at $641,000.Design costs are estimated at $210,000 and construction management costs are estimated at $150,000. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.PLAN Hermosa was divided into seven elements,each with multiple goals.The allocation and use of SB 1 funds in Hermosa Beach to address basic road maintenance,rehabilitation,and critical safety needs on City streets would help accomplish several goals of the Infrastructure Element. Infrastructure Goal 1. Infrastructure systems are functional, safe, and well maintained. ·1.2 Priority investments.Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan. Infrastructure Goal 2.Roadway infrastructure maintenance supports convenient,attractive,and complete streets and associated amenities. ·Preventive street maintenance.Maintain streets,sidewalks and other public rights-of-way to provide a reliable network for circulation through a proactive preventive maintenance program. ·Pavement rating system.Prioritize roadway re-pavement projects by regularly evaluating pavement ratings and identifying roadway segments with the greatest deficiencies. ·Street and sidewalk standards.Require the use of standardized roadway,sidewalk,parkway, curb and gutter designs to ensure continuity and consistency as property redevelops over time. Fiscal Impacts: The projected SB 1 revenue for the City in Fiscal Year 2019-20 is estimated at $325,620, which will be distributed to the projects previously described. Attachments: 1.Resolution Adopting the Road Repair and Accountability Act of 2017 Project List for Fiscal Year 2019-20 City of Hermosa Beach Printed on 4/5/2019Page 4 of 5 powered by Legistar™ Staff Report REPORT 19-0218 2.Road Maintenance and Rehabilitation Account Hermosa Beach Fiscal Year 2019-20 Project List Respectfully Submitted by: Lucho Rodriguez, Acting Director of Public Works Concur: Leeanne Singleton, Environmental Analyst 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 4/5/2019Page 5 of 5 powered by Legistar™ Page 1 of 3 17-____ 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 RESOLUTION NO. 19-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A LIST OF PROJECTS FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Hermosa Beach are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. WHEREAS, the City of Hermosa Beach must adopt a list of projects to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1 by resolution, which must include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. WHEREAS, the City of Hermosa Beach, will receive an estimated $325,620 in RMRA funding in Fiscal Year 2018-19 from SB 1. WHEREAS, the City of Hermosa Beach has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list. WHEREAS, the City of Hermosa Beach used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communitie’s priorities for transportation investment. The projects placed on the SB1 list for FY 19/20 involves the rehabilitation of a street with a Pavement Condition Index (PCI) ranging from 63 to 83. WHEREAS, the funding from SB1 will help the City of Hermosa Beach maintain and rehabilitate streets/roads throughout the City of Hermosa Beach this year and similar projects in the future. Page 2 of 3 17-____ 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 WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of Hermosa Beach’s streets and roads are in an At Risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into Good condition. WHEREAS, the average motorist pays more than $700 a year in added repair costs for their vehicle, just because of the poor condition of our roads however, a recent study by the American Road and Transportation Builders Association (ARTBA) found transportation improvements from SB1 will bring annual savings of nearly $300 per household. WHEREAS, without revenue from SB1, the City of Hermosa Beach, would have to otherwise delayprojects throughout the community. WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many varied negative impacts on our community. WHEREAS,cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network. WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies. WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce. WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death. WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals. WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off. Page 3 of 3 17-____ 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 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED that the City Council of the City of Hermosa Beach hereby: 1. The foregoing recitals are true and correct. 2. The City of Hermosa Beach is adopting the following list of projects planned to be funded in the fiscal year 2019-20 with Road Maintenance and Rehabilitation Account revenues. (Attachment 2). VOTE:AYES: NOES: ABSTAIN: ABSENT: PASSED, APPROVED and ADOPTED this 9th day of April, 2019. ______________________________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: City Clerk City Attorney Agency Contact: Lucho Rodriguez (310) 318-0210 LoCode:5155 lrodriguez@hermosabch.org Pre- Construction Construction Min.Max. PP03 8th Street Improvements 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. The project will take place on 8th Street from Valley Drive to Hermosa Avenue. 8/2019 12/2019 10 20 PP04 Street Improvements – Various Locations This project proposes pavement rehabilitation of streets at various locations. The project will also address limited quantities of deteriorated concrete sidewalk, curb and gutter, curb ramps and drainage deficiencies. The location of projects will be determined based on the recommendations of the Pavement Management Plan. 4/2019 8/2019 15 30 PP05 Annual Street Improvement This project proposes pavement rehabilitation of streets at various locations. The project will also address limited quantities of deteriorated concrete sidewalk, curb and gutter, curb ramps and drainage deficiencies. The location of projects will be determined based on the recommendations of the Pavement Management Plan.10/2019 4/2020 10 20 STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form Local Streets and Roads Program Agency Name:FY Hermosa Beach 19/20 Summary of Proposed Project List Project No.Project Title Project Description Project Location Estimated Completion Date (mm/dd/yyyy) Estimated Useful Life (# of yrs) City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0223 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 REQUEST FOR APPROVAL OF CLASSIFICATION SPECIFICATION FOR PUBLIC WORKS INSPECTOR; ESTABLISH THE POSITION IN THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT CALIFORNIA TEAMSTERS LOCAL 911, AND ESTABLISH A SALARY RANGE (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends that the City Council: 1.Approve the class specification for Public Works Inspector; 2.Determine that the bargaining unit for this classification is the General and Supervisory Employees Bargaining Unit, California Teamsters Local 911; and 3.Establish the five-step salary range for this position as $5,675 to $6,899 per month as approved in the FY 2018-2019 budget. Executive Summary The City Council approved a fulltime Public Works Inspector position at its June 12, 2018 City Council meeting (Attachment 1)as part of the FY 2018-19 budget. Staff recommends that Council approve the class specification, staff bargaining unit, and salary range for this position. Background: As part of the FY 2018-19 budget, the City Council approved a fulltime Public Works Inspector position. Under general direction, this position would perform field inspections of improvements in the public right-of-way; establish locations of various underground utilities;gather data and prepare necessary information from commencement through to the completion of public works projects for adherence to plans and specifications, and other related duties as assigned. The class specification (Attachment 2), bargaining unit, and salary range for this position were approved by the Hermosa Beach Civil Service Board on March 15, 2017. City of Hermosa Beach Printed on 4/5/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0223 General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: Governance Goal 1. A high degree of transparency and integrity in the decision-making process. ·Policy 1.2: Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. Fiscal Impact: The salary and benefit costs for this position have been approved in the 2018-2019 budget. Attachments: 1.June 12, 2018 City Council Meeting Video 2.Public Works Inspector Class Specification Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/5/2019Page 2 of 2 powered by Legistar™ CITY OF HERMOSA BEACH Class Specification PUBLIC WORKS INSPECTOR DEFINITION Under general supervision, to perform inspections in the public right-of-way and to do related work as required. EXAMPLES OF DUTIES Duties may include, but are not limited to the following: Performs field inspections of improvements in the public right-of-way; establishes locations of various underground utilities; gathers data and prepares necessary details from commencement through to the completion of public works projects for adherence to plans and specifications. Interacts with other City, County, State and Federal Departments in projects related to Public Works; and prepares simple engineering sketches and drawings. Works with residents, outside agencies and stakeholders related to improvements within the public right of way and public lands. Inspects a variety of public works construction and maintenance projects for adherence to plans and specifications; performs utility permit inspections and closes out issuance; inspects the curbs, gutters, sidewalks, driveways, streets, street lighting, bike paths and any other types of improvements in the public right-of-way or on public lands, including inspecting and making recommendations for encroachments; inspects work methods, procedures and materials used; inspects back-filling of trenches. Assists in resolving conflicts between contractors and the engineering office; checks construction drawings to determine if improvement plans conform to City standards. Read and interpret engineering data such as cross-sections, profiles, diagrams and legal descriptions; prepare topographic surveys; prepare construction and other field surveys. Maintains and files records as needed. Issues permits at the public counter; assists in various other office duties. Performs related work duties as required. QUALIFICATION GUIDELINES Knowledge, Skills & Abilities:Knowledge of surveying procedures and equipment; ability to verify and record survey readings; ability to read and interpret engineering maps and blueprints; ability to maintain precise records; ability to effectively communicate both orally and in writing and prepare written reports in a format that can be understood by a layperson; ability to work and deal courteously and effectively with the general public as well as co-workers. Education and Experience:Four years experience inspecting public works, engineering, or construction work or a related field. Educational achievement equivalent to graduation from high school supplemented by a two-year degree in engineering, drafting, public works inspection or a directly related field. Licenses/Certificates:Possession of a valid Class C California Driver’s License with a safe driving record is required that must be maintained as valid during the course of employment. APWA – Certified Public Infrastructure Inspector (CPII) Certification is desirable. Approved by the Civil Service Board: 03-15-17 Approved by the City Council: 1 of 75 CITY OF HERMOSA BEACH MEETING CAPTIONS APRIL 9, 2019 CITY COUNCIL REGULAR MEETING ************************************************************************************************************************** Disclaimer: Caption text employs contractions, paraphrasing and other techniques to keep pace with the meeting. Captions may also suffer from typographical errors. Hence, captions should not be considered complete or official transcriptions of the meeting. ************************************************************************************************************************** [01:19:56] >> ALL RIGHT. THANK YOU FOR YOUR PATIENCE, EVERYONE. I [01:20:00] WILL CALL TO ORDER THE REGULAR MEETING FOR APRIL 9TH FOR THE CITY [01:20:02] COUNCIL. WILL RITA YANG LEAD US IN THE PLEDGE OF ALLEGIANCE? [01:20:14] >> PLEASE PUT YOUR RIGHT HAND OVER YOUR HEART AND STAND. [01:20:22] >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF [01:20:23] AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION [01:20:24] UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. [01:20:32] >> ALL RIGHT. MADAM CLERK, ROLL CALL, PLEASE. [01:20:34] >> [TAKING ROLL]. [01:20:46] >> MR. CITY ATTORNEY, WILL YOU PLEASE DELIVER ANY CLOSED [01:20:48] SESSION REPORT? [01:20:49] >> THANK YOU, MAYOR, TONIGHT'S MEETING WAS CALLED TO ORDER [01:20:51] AT 6 O'CLOCK IN CLOSED SESSION. THERE WERE NO REPORTABLE ACTIONS [01:21:01] TAKEN TONIGHT IN CLOSED SESSION. THANK YOU, MAYOR. [01:21:04] >> THANK YOU VERY MUCH. ON TO ANNOUNCEMENTS. DO ANY OF MY [01:21:07] COLLEAGUES HAVE ANY ANNOUNCEMENTS? NOPE. COUNCILMEMBER FANGARY, [01:21:13] YES. [01:21:14] >> THANK YOU. I HAVE A -- BUT I HAVE A CONFLICT. THIS IS [01:21:23] THIS SATURDAY. I WILL NOT HAVE ANOTHER COMMUNITY FIRST MEETING [01:21:26] THIS MONTH. I HAVE BEEN GETTING E-MAILS AND CALLS FROM PEOPLE [01:21:33] TELLING ME I NEED TO GET MY ACT TOGETHER. I APOLOGIZE. I MISSED [01:21:37] A COUPLE WEEKS. I WAS ON VACATION AND CAME BACK YESTERDAY AND [01:21:42] WILL GET MY SYSTEM IN ORDER TO GET THE NEWSLETTERS OUT. PEOPLE [01:21:45] ACTUALLY DO READ THEM. THANK YOU, MAYOR. [01:21:51] >> ALL RIGHT. ANY MORE ANNOUNCEMENTS? OKAY. I HAVE A [01:21:55] COUPLE. THERE IS THE CHALLENGE FOR WATER CONSERVATION, WHICH HAS [01:22:01] JUST GOTTEN STARTED ONLY HERE UNTIL THE END OF APRIL. DO YOUR [01:22:05] PART THIS EARTH MONTH TO GO TO MY WATERPLEDGE.COM AND MAKE YOUR [01:22:12] PLEDGE TO CONSERVE WATER ON BEHALF OF OUR CITY AND YOU CAN ENTER [01:22:17] TO WIN HUNDREDS OF PRIZES. JOIN THE CALIFORNIA SCHOOL BOARD [01:22:22] ASSOCIATION MOMS DEMAND ACTION AND MARCH FOR OUR LIVES TOWN HALL [01:22:28] CULVER CITY HALL TO MARK THE 21ST ANNIVERSARY OF COLUMBINE. [01:22:37] SCHOOL SHOOTINGS OFTEN MAKE THE FRONT PAGES AND GUN ACCIDENTS AND [01:22:41] SUICIDES BY GUNS ARE IMPACTING OUR CHILDREN. THE MEDICAL [01:22:47] COMMUNITY MEMBERS WILL ALL GATHER TO SHARE RESOURCES, [01:22:51] INFORMATION, AND TO NETWORK AROUND CREATING A SAFER FUTURE FOR 2 of 75 [01:22:56] ALL OUR CHILDREN. MONDAY, APRIL 22ND, WE LOOK FORWARD TO THIS [01:23:01] EVERY YEAR FROM 3:30 TO 5:30 COME TO THE HERMOSA BEACH SKATE PART [01:23:08] FOR THE FUNDRAISER SKATE FOR SCHOOLS. YOU WILL SEE LOCAL KIDS [01:23:12] AND SKATEBOARDING PROS PERFORMING THEIR TRICKS, DONATIONS, AND [01:23:18] PLEDGES WILL BE ACCEPTED AND PROMOTE THE HERMOSA BEACH SCHOOL [01:23:25] DISTRICT. BRING ELBOW AND KNEE PADS AND A HELMET. I WANT TO [01:23:31] MAKE IT VERY CLEAR THAT ANY PERSON THAT MAKES ANY KIND OF [01:23:34] DONATION WILL ACTUALLY RECEIVE A GIFT! THANK YOU TO THE CORE [01:23:40] FAMILY FOR ORGANIZING THAT FOR MANY, MANY YEARS. THAT IS ALL ON [01:23:44] MY ANNOUNCEMENTS. NOW WE ARE ON TO THE APPROVAL OF THE AGENDA. [01:23:48] DO MY COLLEAGUES HAVE QUESTIONS? A NOTE HERE THAT MY CITY [01:23:52] MANAGER WOULD LIKE TO -- YES, MADAM CITY MANAGER. [01:23:56] >> THANK YOU MADAM MAYOR I WANT TO REQUEST ITEM 6C EIGHTH [01:24:03] STREET ITEM I WANT TO CONFIRM THAT IS WHAT IT IS. WE WOULD LIKE [01:24:07] TO MOVE IT TO APRIL 23RD TO HAVE ADDITIONAL TIME TO REVIEW THE [01:24:16] BIDS. [01:24:17] >> ALL RIGHT. WE WILL PUSH THE EIGHTH STREET DISCUSSION. [01:24:21] ARE YOU HERE TO TALK TO EIGHTH STREET? IT DOESN'T SEEM TO EFFECT [01:24:27] ANYBODY IN THE AUDIENCE. WE WILL DISCUSS IT AT A FUTURE MEETING. [01:24:31] EVERYBODY OKAY WITH THE AGENDA? MOTION TO APPROVE ITEM 6C? [01:24:37] >> I APPROVE THE AGENDA WITH NOTATION ITEM 6B WILL BE MOVED [01:24:46] TO A LATER MEETING. [01:24:47] >> SECOND. [01:24:49] >> ALL THOSE IN FAVOR? [01:24:51] >> AYE. [01:24:52] >> AYE. [01:24:53] >> ALL RIGHT. MADAM CLERK? [01:24:55] >> PROCLAMATIONS AND INVITATIONS. [01:25:05] >> DO WE HAVE -- BRANDY IS UP FIRST. [01:25:09] >> YES. [01:25:10] >> WE HAVE PETER ALSTROM AND KRISTIE MORRISON. [01:25:16] >> GOOD EVENING, COUNCIL MEMBERS, COMMUNITY MEMBERS, [01:25:20] VOLUNTEERS, AND CITY AND STAFF. WE ARE HERE TO CELEBRATE [01:25:24] NATIONAL VOLUNTEER WEEK. THIS IS AN OPPORTUNITY FOR US TO [01:25:27] CELEBRATE SERVICE VOLUNTEERS PROVIDE TO US ON A DAILY BASIS. [01:25:32] THEY VOLUNTEER FOR US AT COMMUNITY EVENTS AND PATROL EVENTS SUCH [01:25:37] AS FARMERS MARKET ON THE PLAZA AND MAKE OUR COMMUNITY GREAT BY [01:25:43] MAKING SURE. GARDEN LOOKS GREAT IN SOUTH PARK AND HELP TECH AND [01:25:49] HERMOSA 50. WE HAVE VOLUNTEERS FROM HERMOSA BEACH CERT PROGRAM [01:25:56] AND COMMUNITY GARDENS PROGRAM. HERMOSA 50 VOLUNTEERS WERE NOT [01:26:02] ABLE TO JOIN US BUT WILL BE HERE THIS SATURDAY AS THE CITY IS [01:26:06] HOSTING ANNUAL VOLUNTEER APPRECIATION IN COUNCIL CHAMBERS [01:26:12] APRIL 15TH FROM NOON TO 1:30. WE HOPE ALL OF THE VOLUNTEERS WILL [01:26:18] JOIN US. WE WOULD LIKE TO INVITE THE VOLUNTEERS TO COME UP WHILE [01:26:22] YOU READ THE PROCLAMATION. [01:26:25] >> SURE. I WOULD LOVE TO. [01:26:27] >> ALL VOLUNTEERS OF CERT AND COMMUNITY GARDENS, PLEASE 3 of 75 [01:26:33] COME ON UP. [01:26:34] >> [INDISCERNIBLE]. [01:26:41] >> VOLUNTEERING DOES HAVE PERKS. YOU GET A REUSABLE BAG! [01:26:56] >> AUDIENCE: [LAUGHING]. [01:27:00] >> YEAH. LET'S ALL STEP TO ONE SIDE AND WE CAN. [01:27:03] >> OKAY. [01:27:04] >> ARE WE DOING THIS? I WILL PUT THIS DOWN, AND WE CAN [01:27:08] TAKE A PICTURE FIRST. [01:27:09] >> OKAY. [01:27:35] >> I HAVE -- YES. THANK YOU. THEY DESERVE AN APPLAUSE. I [01:27:41] WAS AT A CITY COUNCIL MEETING, AND THEY SAID THEY HAVE THE BEST [01:27:46] RESIDENTS, BUT I WOULD SAY WE HAVE THE BEST VOLUNTEERS, AND I [01:27:51] APPRECIATE YOUR EFFORTS AND TIME AND VOLUNTEER IT MAKES HERMOSA A [01:27:57] BETTER PLACE TO LIVE. THANK YOU FOR ALL YOU DO. I HAVE A [01:28:01] PROCLAMATION TO READ OUT. TO CELEBRATE IMPACT OF VOLUNTEER [01:28:06] SERVICE IN COMMUNITIES AND POWER OF VOLUNTEERS TO TACKLE [01:28:09] SOCIETIES GREATEST CHALLENGES TO HAVE STRONGER COMMUNITIES AND BE [01:28:15] A FORCE THAT TRANSFORMS THE WORLD. IT IS IMPORTANT TO RECOGNIZE [01:28:19] DOING GOOD COMES IN MANY FORMS: ONLINE, IN PERSON, MONETARY [01:28:25] CONTRIBUTIONS, AND TIME, AND WHEREAS THE 2019 THEME IS TO SHINE A [01:28:30] LIGHT ON THE PEOPLE AND CAUSES THAT INSPIRE US TO SERVE AND [01:28:34] WHEREAS THE CITY OF HERMOSA BEACH APPRECIATES INVALUABLE SERVICE [01:28:40] PROVIDED BY VOLUNTEERS OF HERMOSA BEACH COMMUNITY SERVICE [01:28:44] RESPONSE TEAM VOLUNTEERS AND POLICING AND COMMUNITY VOLUNTEERS [01:28:48] AND HERMOSA 50 SENIOR CENTER. THEY WOULD LIKE TO THANK MEMBERS [01:28:53] OF HB CERT AND HERMOSA 50 SENIOR PROGRAMS FOR BEING A VOLUNTEER [01:29:00] OF THE CITY. THERE IS A THEME, I THINK. IT IS VERY CLEAR IN [01:29:08] THIS. YEAH. OKAY. YOU WOULD GET THE HUMOR, AND YOU WOULD SEE [01:29:14] IT. THE CITY ENCOURAGES RESIDENTS TO CONTINUE TO GET INVOLVED IN [01:29:19] COMMUNITY WITH CIVIC GROUPS, NONPROFITS, SERVICE-BASED ENTITIES [01:29:25] WHOSE MISSION AND VISION ARE MAKING A DIFFERENCE IN THE COMMUNITY [01:29:28] AND THEREFORE IT BE IT RESOLVE. I, STACEY ARMATO, MAYOR OF [01:29:33] HERMOSA BEACH, PROCLAIM THE WEEK OF APRIL 7TH THROUGH 13TH [01:29:39] VOLUNTEER NATIONAL -- RECOGNIZE THE POSITIVE IMPACT OF [01:29:45] VOLUNTEERISM AND SERVICE IN OUR COMMUNITY AND FOR ANYONE IN THE [01:29:48] AUDIENCE OR WATCHING AT HOME, TAKE A GOOD LOOK AT THESE [01:29:52] VOLUNTEERS WHEN YOU SEE THEM ON THE STREET, MAKE SURE TO THANK [01:29:56] THEM. [01:29:57] >> AUDIENCE: [APPLAUSE]. [01:29:58] >> ALL RIGHT. [01:30:19] >> THANK YOU GUYS. [01:30:20] >> THANK YOU. [01:30:22] >> I WILL SEE YOU ON SATURDAY. [01:30:29] >> ALL RIGHT. MADAM CLERK? [01:30:31] >> SECOND ITEM IS A PROCLAMATION ESTABLISHING BEACH CITIES [01:30:36] TRANSIT GET ON BOARD DAY IN HERMOSA BEACH ON APRIL 25TH. [01:30:46] >> HELLO. I'M LESLIE SCOTT AND REPRESENTING BEACH CITIES 4 of 75 [01:30:52] TRANSIT. EACH OF YOU HAVE RECEIVED A SMALL PACKET OF BEACH [01:30:58] CITIES ITEMS WE ARE TRYING TO RAISE AWARENESS AND RECOGNIZE THE [01:31:06] CITY FOR CONTRIBUTING TO BEACH CITIES TRANSIT. WE ARE [01:31:12] PARTICIPATING IN A NATIONAL GET ON BOARD DAY. ALL OF THE [01:31:15] MUNICIPAL OPERATORS IN SOUTH BAY AND LA ARE JOINING NATIONAL [01:31:20] CAMPAIGN TOO AGAIN TO RAISE AWARENESS ABOUT PUBLIC [01:31:24] TRANSPORTATION. [01:31:25] >> ALL RIGHT. WELL, LET ME COME ON DOWN FOR A [01:31:29] PROCLAMATION. ALTHOUGH, COUNCILMEMBER FANGARY WOULD BE A GREAT [01:31:44] SPOKESPERSON TO PRESENT THE PROCLAMATION, BUT I WILL DO IT. [01:31:48] THANK YOU FOR BEING HERE. IT IS A DAY TO SHOWCASE BENEFITS AND [01:31:52] BUILD SUPPORT FOR PUBLIC TRANSPORTATION AS PUBLIC TRANSIT OFFERS [01:31:56] ECONOMIC OPPORTUNITY AND POWERS OF COMMUNITY GROWTH BY DRIVING [01:32:00] ECONOMIC DEVELOPMENT AND REVITALIZING NEIGHBORHOODS MORE THAN 200 [01:32:07] AGENCIES AND ORGANIZATIONS ACROSS THE UNITED STATES TO RAISE [01:32:10] AWARENESS BY PUBLIC TRANSPORTATION TO SUPPORT NATIONAL GET ON [01:32:14] BOARD DAY AND PART OF BEACH CITIES TRANSIT THAT HAS BUS ROUTES [01:32:20] THROUGHOUT THE SOUTH BAY AND CONNECTION TO -- TRANSIT OPERATORS [01:32:26] IN THE REGION AND WHEREAS BEACH CITIES TRANSIT -- HERMOSA, [01:32:32] MANHATTAN BEACH, AND EL SEGUNDO AND SUPPORTED BY SOUTH BAY [01:32:38] COUNCIL OF GOVERNMENTS AND BEACH TRANSIT AND LOCAL MUNICIPAL [01:32:42] TRANSIT OPERATORS TRANSPORTS APPROXIMATELY 7.2 MILLION RIDERS PER [01:32:48] YEAR. THAT IS AMAZING IN THE SOUTH BAY COMMUNITY AND WHEREAS 87% [01:32:52] OF PUBLIC TRANSIT TRIPS CONNECT PEOPLE TO JOBS AND RETAIL AND [01:32:58] ENTERTAINMENT VENUES NOW THEREFORE BE IT I, STACEY ARMATO DO [01:33:07] HEREBY PROCLAIM THAT APRIL 25TH IS NATIONAL GET ON CITY DAY. [01:33:16] CONGRATULATIONS. [01:33:18] >> AND THANK YOU. [01:33:19] >> AUDIENCE: [APPLAUSE]. [01:33:21] >> THIS LOOKS BEAUTIFUL. THANK YOU. [01:33:25] >> THANK YOU. [01:33:26] >> I WILL TAKE THE PICTURE. [01:33:28] >> CAN MY COLLEAGUES COME DOWN? I MEAN, THIS IS FUN. [01:33:31] >> IT IS CUTE. [01:33:34] >> GOOD TO SEE YOU. [01:33:40] >> IT EVEN HAS A REAR VIEW MIRROR. DO YOU LIKE THAT? DO [01:33:45] YOU WANT TO HOLD IT? [01:33:46] >> AUDIENCE: [LAUGHING]. [01:33:47] >> ALL RIGHT. [01:33:48] >> OKAY. 1, 2, 3, CHEESE. 1, 2, 3, THANK YOU VERY MUCH. [01:33:57] >> THANK YOU. [01:33:58] >> ENJOY. [01:33:59] >> AND, AGAIN, THANK YOU VERY MUCH. [01:34:01] >> WE REALLY APPRECIATE IT. [01:34:03] >> THANK YOU. AGAIN, WE APPRECIATE YOUR SUPPORT. [01:34:18] >> ALL RIGHT. I THINK WE ARE ON TO OUR CITY MANAGER [01:34:21] REPORTS. DO WE HAVE ANY TONIGHT? 5 of 75 [01:34:24] >> I DON'T HAVE AN UPDATE TONIGHT. [01:34:26] >> OKAY. ALL RIGHT. MADAM CLERK? [01:34:29] >> WE ARE AT PUBLIC PARTICIPATION. THE COUNCIL VALUES THE [01:34:33] BROWN ACT. COUNCIL GENERALLY PROHIBITS -- JUST TO MAKE NOTE, WE [01:34:40] HAVE THREE WRITTEN COMMUNICATIONS FROM ANTHONY HIGGINS UNDER ORAL [01:34:47] COMMUNICATIONS. IF YOU WISH TO PROVIDE A PUBLIC COMMENT, PLEASE [01:34:51] FILL OUT A SPEAKER CARD TO ENSURE OUR NAMES ARE CORRECTLY [01:34:59] RECORDED IN THE MINUTES. WITHIN COUNCIL JURISDICTION BUT NOT ON [01:35:04] THE AGENDA OR ON AGENDA ITEMS TO WHICH PUBLIC COMMENTS WON'T BE [01:35:09] TAKEN, WHICH ARE MISCELLANEOUS ITEMS, REPORTS, AND OTHER MATTERS [01:35:14] OR REQUEST THE REMOVAL OF ITEMS FROM THE CONSENT CALENDAR. [01:35:19] PUBLIC ITEMS ON AGENDA ITEMS AND MISCELLANEOUS REPORTS WILL ONLY [01:35:25] BE HEARD AT THIS TIME. [01:35:27] MEMBERS OF THE AUDIENCE MAY ALSO SPEAK DURING THE DISCUSSION [01:35:32] OF ANY ITEMS REMOVED FROM THE CONSENT CALENDAR DURING PUBLIC [01:35:38] HEARINGS AND DISCUSSION MATTERS APPEARING IN MUNICIPAL MATTERS. [01:35:43] COMMENTS FROM THE PUBLIC ARE LIMITED TO THREE MINUTES PER [01:35:46] SPEAKER. [01:35:47] >> ALL RIGHT. MADAM CLERK, DO YOU HAVE ANY CARDS? [01:35:52] >> I DO. THE FIRST IS FROM BILL HALLOCK. AFTER THAT IS [01:35:58] SARAH MAY HARPER. [01:36:04] >> GOOD EVENING. [01:36:12] >> GOOD EVENING, LADIES AND GENTLEMEN. IT IS APRIL. EVERY [01:36:17] APRIL, I USUALLY COME UP HERE. IT IS THE MIGRATORY SEASON OF THE [01:36:21] FISH COMING UP FROM MEXICO: CALICO BASS, SAND BASS, 14 INCHES [01:36:28] BARRACUDA, 22 INCHES. HALIBUT IS 22 INCHES AND MAIN CONCERN IS [01:36:34] BENIATA 22 INCHES AND LIMIT OF 5. I WOULD GO ON FOR [01:36:40] THREE MINUTES AND PEOPLE COME AND ABUSE THE LAWS AND TAKE BENIATA [01:36:44] ONLY 8 INCHES. THEY HAVE TO BE 22 WITH A LIMIT OF 5, AND THEY [01:36:49] TAKE HUNDREDS. THEY PUT THEM IN AN ICE BUCKET AND TAKE THEM TO [01:36:54] EL MONTE AND COMMERCE AND HUNTINGTON PARK AND SELL THEM FOR CAT [01:36:59] FOOD. BEFORE I SPEND ALL THREE MINUTES WHINING AND COMPLAINING, [01:37:06] I HAPPENED TO GO OVER TO CODE ENFORCEMENT AND JUST ASK. I SAID I [01:37:11] AM GOING TO GO DO MY ANNUAL -- LET'S SEE IF WE CAN DO SOMETHING [01:37:16] ABOUT OUR RESOURCES SPEECH. I HAPPENED TO TALK TO JIM HENIAN, [01:37:22] ONE OF THE MOST PROFESSIONAL PEOPLE I HAD THE PLEASURE OF TALKING [01:37:26] TO HERE IN HERMOSA BEACH FOR THE LAST COUPLE OF MONTHS. I DON'T [01:37:31] KNOW IF ANY OF YOU HELPED HIM OR SET THE BALL IN MOTION, BUT HE [01:37:38] SAID YOUR CONCERNS ARE BEING ADDRESSED. I GO OUT THERE EVERY [01:37:43] NIGHT, AND I SEE WHAT YOU ARE TALKING ABOUT. WE ARE TAKING [01:37:46] ACTION. WE ARE TAKING ENFORCEMENT. [01:37:49] FISH AND GAME HAS COME OUT AND INSTRUCTED US ON LAWS, WHAT [01:37:56] TO DO. HIS KNOWLEDGE IS UNBELIEVABLE. HE HAS STUDIED. HE KNOWS [01:38:06] THE RULES. HE KNOWS THE PLAYERS ON THE PIER. I WANT TO THANK [01:38:13] YOU, IF ANY OF YOU HAD AN OPPORTUNITY TO START THAT BALL ROLLING. [01:38:17] HE ASSURED ME THAT HE IS GOING TO CONTINUE ON GOING OUT THERE AND [01:38:22] MAKING SURE OUR RESOURCES ARE NOT CONTINUALLY BEING POACHED. AND 6 of 75 [01:38:27] I WANT TO, AGAIN, SAY HOW PROFESSIONAL HE IS AND WHAT A NICE [01:38:32] GENTLEMAN HE IS. AND THAT HE IS GENERALLY CONCERNED ABOUT THE [01:38:36] RESOURCES IN THIS COMMUNITY. SO IF ANYBODY IS LISTENING AT HOME [01:38:42] OR IN THE AUDIENCE, HE ASSURED ME IF YOU ARE CONCERNED AND HAPPEN [01:38:49] TO GO OUT THERE AND SEE PEOPLE BRINGING UP 16 AT A TIME, GIVE [01:38:53] THEM A CALL. WE ARE FINALLY DOING SOMETHING ABOUT THIS PROBLEM. [01:38:56] I APPRECIATE IT WHOLEHEARTEDLY IF ANY OF YOU HAD TO DO WITH ANY [01:39:04] OF THIS BALL GETTING STARTED. THANK YOU VERY MUCH. [01:39:06] >> THANK YOU. [01:39:08] >> AFTER SARAH IS MARK WORSHAW. [01:39:14] >> GOOD EVENING. I'M SARA HARPER LIBRARIAN AT HERMOSA [01:39:21] BEACH LIBRARY AND MAKING A COUPLE ANNOUNCEMENTS. THIS WEEK IS [01:39:26] NATIONAL LIBRARY WEEK. WE ARE CELEBRATING LIBRARIES ALL WEEK. [01:39:32] TODAY IN PARTICULAR IS NATIONAL LIBRARY WORKER DAY. I WOULD LIKE [01:39:36] TO GIVE A SHOUT OUT TO THE WONDERFUL STAFF AT HERMOSA BEACH [01:39:41] LIBRARY. THEY ARE HARDWORKING, AND I'M GLAD TO WORK WITH SOME OF [01:39:45] THEM. PROGRAMS COMING UP FOR NATIONAL LIBRARY WEEK. WE HAVE A [01:39:50] SPECIAL CHILDREN'S PROGRAM ON FRIDAY AT 3:30 MRS. BITS AND BOBS [01:39:56] FROM LAND OF IMAGINATION WILL BRING HER STORYTELLING PROGRAM TO [01:40:00] US ON SATURDAY APRIL 13TH AT 10:30. WE ARE HAVING OUR THERAPY [01:40:05] DOGS AND CHILDREN WHO ARE BEGINNING READERS CAN SIT AND READ [01:40:11] ALOUD TO A THERAPY DOG. NEXT THURSDAY, APRIL 18TH, MAKE MORE [01:40:18] MAKER MOBILE TEAM COMING TO THE LIBRARY TO DO A PROGRAM FOR KIDS [01:40:22] AT 3:30 OF DINOSAUR BONE PUZZLES AND AT 5 O'CLOCK, A PROGRAM FOR [01:40:31] ADULTS ON CUBELETS, WHICH ARE MANY COLOR-COATED ROBOTS. IT IS AN [01:40:37] INTRODUCTION TO CODING WITH ROBOTS. THAT IS ALL I HAVE FOR [01:40:43] TODAY. [01:40:44] >> WELL, THANK YOU VERY MUCH. [01:40:45] >> THANK YOU. [01:40:46] >> WE APPRECIATE THAT. MARK? [01:40:51] >> AFTER MARK, IT WILL BE SELENA DOUGLAS. [01:40:55] >> GOOD EVENING, MAYOR AND MAYOR PRO TEM AND MEMBERS OF THE [01:40:59] COUNCIL, I'M MARK WORSHAW AND RESIDE ON MONTERREY BOULEVARD. [01:41:07] COUNCIL HAS SUPPORTED SMALL BUSINESSES AND VARIOUS ISSUES BEFORE [01:41:11] THE COUNCIL. I'M HERE WITH MY FRIEND SELENA DOUGLAS, WHO RUNS [01:41:16] THE BEACH MARKET DOWNTOWN. SHE HAS SPECIFIC ISSUES SHE WANTS TO [01:41:21] RAISE ABOUT PUBLIC SAFETY IN HER NEIGHBORHOOD. I WANTED TO TAKE [01:41:25] MY BROWN ACT THREE-MINUTE OPPORTUNITY TO COMMENT ON MY [01:41:30] IMPRESSIONS ABOUT THE PUBLIC SAFETY HERE IN HERMOSA BEACH. [01:41:35] UNBELIEVABLY, TO ME, MY WIFE AND I MOVED TO HERMOSA BEACH [01:41:41] 35 YEARS AGO. AT THE TIME BACK IN THE MID 80S, WE WERE REGALED [01:41:47] WITH STORIES OF HERMOSA'S COLORFUL PAST IN THE 60S WITH BIKER [01:41:54] GANGS THAT WOULD GO UP AND DOWN THE SIDEWALKS DOWNTOWN. I WAS [01:41:58] HERE, OBVIOUSLY, WHEN YOUR PREDECESSORS CAME UP WITH A PURE PLAZA [01:42:04] CONCEPT. AND AS A YOUNGER MAN, I THOUGHT THAT WAS A GREAT IDEA. [01:42:11] NOW I'M IN MY DOTAGE. I KIND OF HAVE A DIFFERENT PERSPECTIVE. I [01:42:17] THINK THAT, YOU KNOW, HERMOSA HAS BECOME SORT OF A DESTINATION. 7 of 75 [01:42:21] IT IS NOT THE SLEEPY LITTLE BEACH TOWN IT WAS OR MAY NEVER [01:42:26] HAVE BEEN. IT SEEMED TO BE WHEN I FIRST MOVED HERE. [01:42:29] AND I THINK THAT WE HAVE SOME BIG CITY PROBLEMS. WE HAVE -- [01:42:34] WE HAVE OBVIOUSLY A HOMELESS POPULATION WE HAVE -- WE HAVE -- WE [01:42:41] HAVE I THINK MORE CRIME THAN WE HAVE HAD IN THE PAST. IT IS NOT [01:42:45] ALL RELATED TO WHAT GOES ON, ON THE PIER PLAZA. THAT IS A MAGNET [01:42:53] FOR ALL OF THIS. I DON'T KNOW WHAT THE PHILOSOPHY OF OUR POLICE [01:42:57] DEPARTMENT IS. I BELIEVE WE COULD BENEFIT, AND I CERTAINLY DON'T [01:43:00] WANT TO SOUND LIKE RUDY JULIANI HERE, BUT I THINK WE COULD [01:43:06] BENEFIT FROM BIG PRACTICES OF BIG CITY POLICING WHERE THEY LOOK [01:43:10] AFTER THE SMALL THINGS AND THEY TAKE A LOOK AT GRAFFITI AND TAKE [01:43:14] A LOOK AT, YOU KNOW, MINOR INFRACTIONS AND I WAS REALLY INSPIRED [01:43:21] BY THE FACT THAT YOU GUYS ARE -- THE CITY IS ENFORCING FISHING [01:43:26] LIMITS ON THE PIER. THAT IS JUST THE SORT OF THING I WAS [01:43:30] THINKING OF. THEY SAY IF YOU TAKE CARE OF THE LITTLE THINGS, [01:43:34] THAT SENDS THE MESSAGE THAT PEOPLE CARE AND CONVERSELY IF YOU [01:43:38] DON'T TAKE CARE OF THE LITTLE THINGS, THAT SENDS THE MESSAGE [01:43:42] THAT, YOU KNOW, IT IS LAISSEZ-FAIRE AND ANYTHING GOES. SO THAT [01:43:46] IS MY $0.02 WORTH. THANK YOU FOR YOUR TIME. [01:43:49] >> THANK YOU VERY MUCH, MARK. SELENA? [01:43:54] >> AFTER SELENA IS TRENT LAIRSON. [01:44:02] >> GOOD EVENING MAYOR AND COUNCILMEN. RECENTLY, I HAD TO [01:44:08] CALL THE POLICE SO MANY TIMES IN THE LAST SIX WEEKS. [01:44:11] LAST WEEK, APRIL 3RD, WEDNESDAY, I HAD TO CALL. WE HAD A [01:44:17] REALLY BAD GRAFFITI ON A BIG MONUMENT SIGN OUTSIDE OUR DOOR AND [01:44:23] SOME SMALL SIGN TOO. SO THE POLICE SHOW UP, SO I REPORTED. HE [01:44:28] SAID, OH, IT IS JUST A LIQUOR STORE. YOU KNOW, THIS IS NOTHING. [01:44:33] I SAY, WELL, WE ARE NOT LIQUOR STORE. WE ARE MARKET AND WE [01:44:37] SERVICE COMMUNITY SINCE 1990, ALMOST 30 YEARS. YOU KNOW? WE [01:44:42] CARE ABOUT THE CITY. YOU KNOW? [01:44:44] SO THEN I SAY, OKAY. NOT ONLY GRAFFITI ON OUR SIGN, THERE [01:44:49] IS A GRAFFITI IN THE BACK PARKING LOT. IT HAS A YELLOW, BIG [01:44:56] POLES WITH CITY PARKING. I SAID YELLOW POSES AS GRAFFITI TOO. [01:45:03] CAN YOU TAKE A LOOK AT IT, YOU KNOW? [01:45:05] SO HE JUST SAY, OKAY. THIS IS CITY PROPERTY. SINCE HE [01:45:10] DOESN'T REALLY CARE ABOUT THIS, IT SEEMS. [01:45:13] AND LAST YEAR, WE DID REPORT THE INCIDENTS BECAUSE OF THE [01:45:20] SMALL PARKING LOT RIGHT BEHIND US, SOMEBODY PARKED THERE. AS HE [01:45:26] IS LEAVING, HE BACK INTO OUR BUILDING WALL. THERE IS A BIG HOLE. [01:45:30] SO IT WAS REALLY UPSET BY THAT, YOU KNOW? I FIX THE HOLE BY [01:45:36] MYSELF ON MY EXPENSE. CITY DID FIX THE YELLOW POLE. YOU KNOW, [01:45:41] THE BIGGER AND THE STRONGER ONE. I WAS SUGGESTING LAST YEAR TO [01:45:46] ADD ON MORE LIGHTS. THAT PARKING LOT IS REALLY DARK. RIGHT [01:45:50] ADJACENT PARKING STRUCTURE ON 14TH COURT AND 14TH STREET, THERE [01:45:56] IS NO LIGHTS AT ALL. A LOT OF PEOPLE HANG AROUND THERE IN THE [01:46:00] DARK. YOU KNOW? SO FOR PUBLIC SAFETY AND SECURITY, I SUGGEST [01:46:05] THAT THE CITY APPROVE A BUDGET TO PUT THE LIGHTS ON, PLEASE. WE 8 of 75 [01:46:10] DON'T WANT TO HAVE A MORE -- YOU KNOW, KIND OF DANGEROUS THINGS [01:46:13] ESPECIALLY FOR PUBLIC PARKING. A LOT OF PEOPLE ARE GOING IN AND [01:46:17] OUT IN THE NIGHTTIME. SO HOPING THAT CITY CAN APPROVE, YOU KNOW, [01:46:22] THOSE LIGHTS AND PUT IT ON. I THANK YOU FOR YOUR ATTENTION TO [01:46:26] THE MATTERS. THANK YOU. [01:46:28] >> THANK YOU VERY MUCH. I JUST WANT TO CLARIFY WITH OUR [01:46:32] CITY CLERK, DO YOU HAVE SELENA'S CONTACT INFORMATION ON THE CARD [01:46:36] SO THE CITY MANAGER CAN CIRCLE BACK WITH HER? [01:46:39] >> IT IS NOT. [01:46:40] >> SELENA, DO YOU MIND PROVIDING YOUR CONTACT INFORMATION [01:46:45] AND OUR CITY MANAGER WILL CONNECT WITH YOU? [01:46:48] >> OKAY. [01:46:49] >> TRENT. [01:46:50] >> AFTER TRENT WOULD BE JIM ROSENBERGER. [01:46:53] >> HELLO. TRENT LARSON. HOW ARE YOU? I WOULD LIKE TO [01:46:59] TALK TO YOU ABOUT THE MEETING THAT HAPPENED TWO WEEKS AGO. [01:47:03] BEFORE THAT, I WANT TO PREFACE MY COMMENTS TONIGHT. I DIDN'T [01:47:08] PLAN TO COME UNTIL I GOT A PRESENT IN THE MAIL. ADVOCATES OF [01:47:13] HERMOSA BEACH WAS GOING TO BE IN IT. MY CAR, FOR SOME REASON [01:47:18] BROKE DOWN IN THE PARKING LOT. I COULDN'T JOIN THE PARADE. I [01:47:23] MADE A BEAUTIFUL SIGN: ADVOCATES FOR HERMOSA BEACH. WE ARE [01:47:28] TRYING TO GET POLITICAL HORSEPOWER SO OUR ISSUES CAN BE RAISED [01:47:35] AND BE A GOOD STEWARD AND WELCOMING, HONEST, AND HEARTFELT AND [01:47:40] RESPONSIBLE. THAT IS MY GOAL. ANYWAY, I HAD THE SIGN. SOMEBODY [01:47:43] STOLE IT. I HAD IT UP AND SOMEBODY STOLE IT. I HAD A LOT OF [01:47:47] MONEY AND EFFORT INTO THE SIGN. I CALLED IT ART. SOMEBODY TOOK [01:47:51] IT. SO SOMEBODY TOOK THE SIGN, NO BIG DEAL. YESTERDAY, I GOT A [01:47:56] LETTER IN THE MAIL. THE LETTER IN THE MAIL IS KIND OF LIKE A [01:48:01] RANSOM NOTE. AND WHILE IT IS KIND OF FUNNY, IT IS NOT FUNNY. [01:48:07] SO I WANT -- I WILL READ THIS. I WANT YOU GUYS TO HEAR THIS [01:48:11] SO THAT YOU KNOW WHERE I'M COMING FROM IN THE LAST MINUTE. [01:48:14] HOW CAN YOU CALL YOURSELF ADVOCATES FOR HERMOSA BEACH AND [01:48:20] NOT SUPPORT WASTE RECLAMATION PROJECT ON THE GREENBELT? IF YOU [01:48:25] WANT YOUR SIGN BACK, ADVOCATES FOR HERMOSA BEACH NEEDS TO BACK [01:48:29] THIS PUBLICLY ON FACEBOOK BEFORE IT IS TOO LATE FOR THE PROJECT [01:48:35] AND YOUR WORK OF ART. WELL, I'M NOT GOING TO PUBLICLY DENOUNCE [01:48:40] WHAT YOU ALL DID BECAUSE, I THINK, YOU GUYS MADE THE RIGHT CHOICE [01:48:44] IN THE CHOICE THAT YOU CHOSE ABOUT THE INFILTRATION PROJECT. IT [01:48:48] WAS A HARD CHOICE BECAUSE THERE WAS A LOT INVESTED IN THAT. [01:48:52] THERE IS BIG-TIME GRANT MONEY, AND THERE IS THINGS YOU ARE [01:48:56] SUPPOSED TO DO, AND THERE ARE PENALTIES WE CAN INCUR AND THERE IS [01:48:59] STUFF GOING DOWN THE ROAD. YOU KNOW, LIKE I TALKED ABOUT. WE [01:49:03] GOT OVER OUR SKIS, AND WE HAD TO PULL BACK, BUT I THINK YOU MADE [01:49:07] THE RIGHT DECISION. PUTTING SMALLER PROJECTS IN WILL SHOW WE [01:49:11] CARE AND WE ARE TAKING CARE OF OUR OWN STORM RUNOFF AND THEY [01:49:15] WON'T BE AS INTRUSIVE. MOVING THE BIG PROJECT ACROSS THE STREET [01:49:19] IS A BETTER CHOICE. NOBODY WANTS IT SCRAPPED. THE AUTHOR HERE 9 of 75 [01:49:23] GOT IT WRONG. HE IS NOT TOO BRIGHT. HE -- I WILL -- ANYWAY, [01:49:28] NOBODY WANTS THINGS SCRAPPED. I'M HOPING YOU CAN GET IT DONE. [01:49:32] HANNY, THIS IS RIGHT UP YOUR ALLEY TOO. YOU CAN RUB ELBOWS WITH [01:49:38] OTHER PEOPLE AND CONVINCE THEM. YES. YOU! YOU LIKE THAT AND [01:49:42] YOU ARE GOOD AT IT. IT IS A COMPLEMENT HANNY. DON'T TAKE ME [01:49:49] WRONG. THANK YOU. I WANTED TO SHARE IT WITH YOU. I APPRECIATE [01:49:53] IT. THESE PEOPLE ARE ONLY HURTING THEMSELVES. THEY ARE NOT [01:49:57] HURTING ME. THANK YOU. [01:49:58] >> THANK YOU. JIM. [01:50:00] >> AFTER JIM I HAVE ANTHONY HIGGINS. [01:50:03] >> YEAH. JIM ROSENBERGER, 48-YEAR RESIDENT OF HERMOSA AND [01:50:13] INVOLVED HEAVILY MANY YEARS THIS WEEKEND I WAS BICYCLING ALONG [01:50:20] THE STRAND AND CAME TO A PLAZA AND GROUP OF CITIZENS STANDING OFF [01:50:24] AGAINST A MOTORCYCLE GANG. IT WAS GETTING UGLY. SOME WITH [01:50:28] MOTORCYCLE GANG PEOPLE WERE TAKING THEIR HATS OFF, AND THEY WERE [01:50:31] ALL SHAKING THEIR FISTS, AND I WAS TOLD PEOPLE WERE CALLING 911. [01:50:37] I DIDN'T SEE ANYBODY, SO I CALLED 911. [01:50:39] THIS WAS ALL ABOUT QUARTER TO 2 ON SUNDAY AFTERNOON. [01:50:46] FORTUNATELY, IT DID NOT -- IT RESOLVED ITSELF ONLY BECAUSE [01:50:50] SOMEONE FINALLY TALKED SOME SENSE INTO SOMEONE. THERE WAS LOTS [01:50:57] OF SCREAMING GOING ON. I CAN'T TELL YOU WHO DID WHAT. I STUCK [01:51:03] AROUND. SOMEBODY AUGHT TO TALK TO THE POLICE SINCE 911 WAS [01:51:09] CALLED. THEY NEVER SHOWED. I WENT UP TO THE WATCH COMMANDER TO [01:51:14] SEE WHAT HAPPENED? HOW COME NOBODY IS COMING DOWN THERE? WE [01:51:18] WERE TOLD THEY WENT UP TO THE BEACH HOUSE, AND WE WENT UP THERE, [01:51:22] AND WE DIDN'T FIND THEM, AND THEY ALREADY LEFT. I SAW THEM GO UP [01:51:26] IN PIER AVENUE, ACTUALLY, WITH THEIR LOUD MOTORCYCLES. WE ONLY [01:51:31] HAD TWO OFFICERS I'M TOLD BECAUSE WE WERE IN A MUTUAL AID [01:51:35] SITUATION WITH MANHATTAN BEACH. THIS WAS A SUNDAY AFTERNOON. [01:51:39] THE PLAZA WAS CROWDED. IT COULD HAVE GOTTEN REALLY UGLY. [01:51:45] FORTUNATELY, IT DIDN'T. WE NEED TO THINK ABOUT EITHER PUTTING A [01:51:51] BICYCLE PATROL OR WALKING PATROL DOWN THERE, ESPECIALLY ON THE [01:51:55] WEEKENDS WE ARE TALKING ABOUT -- POLICE WILL TELL YOU THEY COME [01:51:59] IN AT 3 O'CLOCK. WELL, YOU KNOW, FOR THE EVENING. AT THAT [01:52:03] POINT, ONE SUNDAY EVENING IS NOT AS MUCH OF A DRUNK ISSUE AS ON A [01:52:08] FRIDAY OR SATURDAY EVENING. PEOPLE KNOW THEY HAVE TO WORK ON [01:52:11] MONDAY. BRINGING SOMEBODY IN UNTIL 3 OR 3:00 A.M. OR WHATEVER [01:52:15] HOURS JUST DOESN'T CUT IT CERTAINLY ON THE WEEKENDS AND CERTAINLY [01:52:19] ON SUNDAY WHEN YOU NEED SOMEONE THERE SOONER. [01:52:21] YOU NEED TO BE MADE AWARE THERE IS A POTENTIAL PROBLEM [01:52:25] THERE. THERE IS -- WHAT I'M TOLD ALSO BY ONE OF THE OFFICERS IS [01:52:29] THAT EVEN THOUGH, AND I REMEMBER BACK IN '97 WHEN IT WAS [01:52:36] CONVERTED FROM A ROAD TO A PLAZA, SOME OF THE HANDICAP PARKING [01:52:42] SPACES ARE STILL DESIGNATED DOWN THERE. THE CITY DIDN'T GO [01:52:45] THROUGH ITS CODE AND CHANGE THAT TO A WALKING AREA, SO [01:52:50] THEORETICALLY, EVEN IF THEY ARRESTED PEOPLE DOWN THERE, HE [01:52:54] POTENTIALLY -- THEY COULD HAVE GOTTEN OFF BY SAYING IT WASN'T 10 of 75 [01:52:58] SIGNED. WE HAVE TO LOOK AT OUR CODE AND MAKE SURE IT IS PROPERLY [01:53:02] SIGNED FOR A PEDESTRIAN PLAZA AND NOT JUST A ROADWAY, WHICH COULD [01:53:09] LEAD TO A PROBLEM. SO YOU HAVE MY $0.02. [01:53:13] >> THANK YOU. MR. HIGGINS? [01:53:25] >> GOOD EVENING. [01:53:30] >> GOOD EVENING. [01:53:31] >> I WANT TO SPEAK BRIEFLY ABOUT WHAT IS GOING ON AND 27TH [01:53:40] ISSUE. I SUBMITTED COUNTLESS SUGGESTIONS TO THE CITY ASKING THEM [01:53:45] TO FOLLOWUP ON THE HEALTH AND THE SAFETY AND THE ENVIRONMENTAL [01:53:51] IMPACTS OF THE TRUCK ROUTE THAT DOES EXIST ON 27TH STREET. [01:53:57] THEY HAVE DONE NOTHING. AND I -- AND -- I GOT TO THINKING, [01:54:02] WELL, I'M SUBMITTING ALL OF THESE WRITTEN COMMUNICATIONS AND [01:54:06] EVERYTHING. THEY ARE JUST BEING SHUFFLED INTO THE PUBLIC RECORD. [01:54:11] WHAT I WANT TO KNOW IS IF A CITIZEN IS REQUESTING SPECIFIC [01:54:21] ACTIONS THAT MAKE SENSE, AND THEY ARE NOT FRIVOLOUS, AND YOU ALL [01:54:30] ARE CHOOSING TO PUT THINGS -- BURY THEM IN THE PUBLIC RECORD, AND [01:54:36] I WANT A REASON WHY YOU DON'T THINK THAT THE ISSUE SHOULD BE [01:54:43] REFERRED TO STAFF FOR ANALYSIS OR AGENDIZED. I WANT TO KNOW WHY [01:54:50] I CAN'T GET THAT ANSWER. IT IS FUNDAMENTAL. YOU ANSWER THAT [01:54:56] QUESTION, AND MAYBE I CAN REFRAME MY ISSUE, MAYBE I CAN GO BACK [01:55:01] AND DO MY HOMEWORK. MAYBE YOU CAN TELL ME IT HAS ALREADY BEEN [01:55:05] ANSWERED, BUT I REQUEST THESE THINGS, AND THEY GO OFF INTO THE [01:55:10] PUBLIC RECORD, AND THEY ARE BURIED AND NOTHING EVER HAPPENS. IT [01:55:14] IS VERY, VERY, VERY FRUSTRATING. [01:55:17] THERE IS NOTHING IN THE BROWN ACT, OKAY? [01:55:23] AND I CAN READ IT TO YOU. THAT PREVENTS FOR A NON-AGENDA [01:55:29] ITEM, MR. JENKINS. I HOPE YOU ARE LISTENING. THERE IS NOTHING [01:55:35] THAT PREVENTS A CITIZEN FROM ASKING A QUESTION. AND THERE IS [01:55:41] NOTHING THAT PREVENTS YOU FROM EXPLAINING WHY YOU DON'T WANT TO [01:55:49] REFER THIS ITEM FOR ACTION. WHY YOU DON'T WANT TO AGENDIZE IT. [01:55:58] THERE IS NOTHING. [01:55:59] IT IS AN ARBITRARY POLICY ON THE CITY'S PART, IF ANYTHING, [01:56:05] BUT IT IS CERTAINLY NOT PART OF THE BROWN ACT. [01:56:09] AND I SENT YOU THE CODE. I WON'T SIT HERE AND QUOTE THE LAW [01:56:13] TO YOU. YOU GUYS CAN READ THE LAW JUST AS WELL AS ME. [01:56:17] SOMETHING IS FUNDAMENTALLY WRONG WHEN A CITIZEN SUBMITS A [01:56:22] WRITTEN COMMUNICATION AND ASKS THAT IT BE REFERRED TO STAFF OR [01:56:28] AGENDIZED AND CAN'T GET A REASON WHY IT ISN'T. SOMETHING IS [01:56:32] FUNDAMENTALLY WRONG, AND I HOPE YOU ADDRESS IT. [01:56:36] >> MR. HIGGINS, WHILE YOUR TIME IS UP, WHY DON'T YOU AND I [01:56:41] CONNECT, AND WE CAN HAVE COFFEE NEXT WEEK AND DISCUSS WAYS WE CAN [01:56:45] MOVE YOUR ISSUES FORWARD OR ADDRESS IT. [01:56:48] >> THAT WILL BE GREAT. [01:56:49] >> ALL RIGHT. THANK YOU. MADAM CLERK, ANYONE ELSE FOR -- [01:56:54] >> I HAVE NO MORE. [01:56:55] >> ALL RIGHT. ANYONE HERE IN THE AUDIENCE HERE TO SPEAK IN [01:57:00] PUBLIC COMMENT? ALL RIGHT. SEEING NO ONE. I WILL CLOSE PUBLIC 11 of 75 [01:57:04] COMMENT AND MOVE ON HERE. MADAM CLERK? [01:57:08] >> WE HAVE THOSE THREE WRITTEN COMMUNICATIONS IF YOU WANTED [01:57:12] TO. [01:57:13] >> OKAY. DO WE HAVE A MOTION OR COMMENTS? [01:57:16] >> MADAM MAYOR, I MOVE THAT WE RECEIVE THE WRITTEN [01:57:20] COMMUNICATIONS THIS EVENING. [01:57:22] >> AND FILE. [01:57:24] >> RECEIVE AND FILE. [01:57:25] >> SECOND. [01:57:26] >> ALL RIGHT. A SECOND. [01:57:28] >> SECOND. [01:57:29] >> ALL RIGHT. WE HAVE A COMMENT FROM OUR CITY MANAGER? [01:57:32] >> MADAM MAYOR, I JUST WANTED TO -- IF THE COUNCIL WOULD, [01:57:36] LIKE I DO HAVE SOME REMARKS I CAN MAKE ABOUT THOSE ITEMS AND [01:57:41] PERHAPS ADDRESS SOME OF THE ISSUES. I KNOW YOU HAVE OFFERED TO [01:57:45] MEET WITH HIM FOR COFFEE. I'M HAPPY TO GIVE THEM TO YOU. [01:57:50] >> I WOULD BE HAPPY FOR YOU TO MAKE THEM RIGHT NOW. MR. [01:57:53] HIGGINS, ARE YOU -- [01:57:55] >> UNFORTUNATELY, THE HEARING AID SYSTEM IS NOT WORKING. [01:57:59] IT IS DIFFICULT. [01:58:00] >> DO YOU WANT TO MOVE TO THE FRONT ROW? [01:58:03] >> SORRY. [01:58:04] >> SHE WILL ADDRESS YOUR QUESTIONS IN AS CLEAR A VOICE AS [01:58:08] POSSIBLE FOR YOU. [01:58:09] >> ABSOLUTELY. WHAT I WANTED TO SHARE IS THAT THERE -- WE [01:58:13] HAVE HAD A NUMBER OF E-MAIL COMMUNICATIONS FROM MR. HIGGINS. I [01:58:17] HAVE PERSONALLY RESPONDED TO HIM ON SEVERAL OF THOSE. I [01:58:21] APPRECIATE THE ONES, ESPECIALLY, THAT DO REPORT TO US INCIDENTS [01:58:26] THAT WE DO BELIEVE WOULD BE IN VIOLATION OF WHAT WE WOULD EXPECT [01:58:30] FROM CONTRACTORS. WE HAVE ADDRESSED THOSE. I WANT TO LET THE [01:58:34] COUNCIL KNOW AS WELL AS ANYONE ELSE THAT IS INTERESTED IN ON 27TH [01:58:39] STREET, WE DO TAKE ALL OF YOUR E-MAILS AND COMMENTS HERE, AND WE [01:58:43] LOOK INTO THEM. WE DO PROVIDE YOU WITH FEEDBACK. SO I WANT TO [01:58:47] BE SURE THAT WE ARE ACCURATELY REFLECTING THE RESPONSE THAT CITY [01:58:54] STAFF IS PROVIDING TO YOU. ALMOST EVERY DEPARTMENT IS ENGAGED ON [01:58:58] THIS ISSUE. RICHARD RODRIGUEZ, PUBLIC WORKS DEPARTMENT DIRECTOR [01:59:06] MEETS WITH YOU ONCE A WEEK AND PROVIDES RESPONSES TO YOUR [01:59:09] E-MAILS. COUNCIL, YOU MIGHT REMEMBER THAT CITY ATTORNEY PROVIDED [01:59:14] MR. HIGGINS A LETTER ON SEPTEMBER 25TH, 2018. IT WENT INTO [01:59:20] DETAIL ON THE CITY'S POSITION ON VARIOUS STATEMENTS AND ON THE [01:59:24] VARIOUS REMARKS THAT MR. HIGGINS HAS MADE ABOUT 27TH STREET, [01:59:30] WHICH WE DON'T UNDERVALUE AT ALL. I APPRECIATE THAT THESE ARE [01:59:33] IMPACTS YOU FEEL PERSONALLY. WE HAVE PROVIDED YOU WITH RESPONSES [01:59:38] AS TO WHY MOST OF THE ACTIVITIES YOU REPORTED ARE NOT OUT OF LINE [01:59:42] WITH WHAT WE WOULD EXPECT FOR THAT STREET. AS THAT STREET IS [01:59:47] DESCRIBED IN PLANNED HERMOSA. I COULD HIGHLIGHT SOME OF THE [01:59:51] POINTS MR. JENKINS MADE. AND MR. HIGGINS HAS THE LETTER THAT IS 12 of 75 [01:59:58] IN PUBLIC RECORD, AND MR. HIGGINS ALSO MADE SEVERAL PUBLIC [02:00:02] RECORDS REQUESTS, WHICH WE APPRECIATE AND RESPONDED TO. I THINK [02:00:06] THEY NUMBER AROUND 15. WE ARE VERY RESPONSIVE. THE ISSUE HERE [02:00:11] IS THAT THERE IS A DIFFERENCE OF -- OF OPINION AND ALSO WE -- WE [02:00:16] BASE OUR DECISION ON WHETHER TO TAKE ACTION ON A PARTICULAR [02:00:20] MATTER BASED ON OUR STAFF VETTING THE ISSUES BASED ON HAVING OUR [02:00:26] STAFF EXPERTS REVIEW THE ISSUE, AND WE DON'T FIND THAT THERE IS A [02:00:30] NEED OR A -- WE DON'T FIND THAT THE COMPLAINTS WARRANT ACTION. [02:00:35] >> CAN I RESPOND? [02:00:38] >> UM, YEAH. WE CLOSED PUBLIC COMMENT. I WANT TO BE CLEAR [02:00:43] ON THAT. AGAIN, YOU AND I CAN TALK NEXT WEEK. [02:00:46] >> OKAY. BECAUSE I HAVE A VERY DIFFERENT STORY. [02:00:49] >> AND THAT'S OKAY. THAT'S ALL RIGHT. [02:00:52] >> YEAH. I HAVE GOTTEN MANY RESPONSES. [02:00:55] >> I UNDERSTAND. [02:00:56] >> BUT NOT WHEN IT COMES DOWN TO CONCRETE ISSUES. [02:01:00] >> I UNDERSTAND THIS CAN'T BE A DIALOGUE. [02:01:02] >> OKAY. WE WILL TALK. [02:01:04] >> I APPRECIATE YOU WERE HERE NEXT WEEK. MOTION AND [02:01:08] SECOND, ALL THOSE IN FAVOR? [02:01:09] >> AYE. [02:01:10] >> ALL RIGHT. MADAM CLERK? [02:01:13] >> WE ARE AT THE CONSENT CALENDAR OF ITEMS TO PULL. [02:01:17] >> DO MY COLLEAGUES HAVE ANY ITEMS ON THE CONSENT CALENDAR [02:01:21] TO PULL? NO? DO WE HAVE A MOTION? [02:01:23] >> MADAM MAYOR, I MOVE THAT WE RECEIVE THE CONSENT CALENDAR [02:01:30] AND FILE. [02:01:31] >> APPROVE. [02:01:32] >> APPROVED IT. [02:01:33] >> APPROVED IT. [02:01:36] >> ALL RIGHT. WE HAVE A MOTION AND SECOND. ALL THOSE IN [02:01:39] FAVOR? [02:01:40] >> AYE. [02:01:41] >> AYE. [02:01:43] >> MADAM CLERK? [02:01:45] >> OKAY. PUBLIC HEARING, ITEM 5A, THIS IS CONSIDERATION OF [02:01:49] AN ORDINANCE REGULATING SIDEWALK VENDING IN COMPLIANCE WITH SB46 [02:01:57] REPORT IS ACTING PUBLIC WORKS DIRECTOR RICHARD RODRIGUEZ AND [02:02:03] SUPPLEMENTAL E-MAIL FROM HOWARD LONGACRE THAT WAS RECEIVED [02:02:11] YESTERDAY AND SUPPLEMENTAL INFORMATION FROM COUNCIL MEMBER [02:02:14] FANGARY THAT WAS RECEIVED TODAY. [02:02:19] >> ALL RIGHT. WELCOME. [02:02:21] >> THANK YOU. GOOD EVENING. OUR ASSISTANT CITY ATTORNEY [02:02:31] THAT PRESENTED THE ITEM LAST TIME IS NOT GOING TO DO THE [02:02:37] PRESENTATION. WE DO HAVE OUR CITY ATTORNEY, WHO IS GOING TO HELP [02:02:42] US OUT TO COMPLETE THE WHOLE ISSUE. [02:02:46] >> DID YOU WANT ME TO DO THE PRESENTATION? 13 of 75 [02:02:49] >> YES. [02:02:50] >> YOU ARE THE BEST VANNA WHITE. [02:02:53] >> RIGHT? I NEEDED THAT INTRO, I GUESS. [02:02:56] >> AUDIENCE: [LAUGHING]. [02:02:57] >> ESTEEMED CITY ATTORNEY FOR THE PRESENTATION. [02:03:00] >> THANK YOU, MAYOR AND MEMBERS OF THE COUNCIL AND MR. [02:03:03] RODRIGUEZ. AT OUR HEARING A MONTH AGO COUNCIL ASKED QUESTIONS [02:03:12] AND STAFF ANSWERS IT AND PACKET IN FRONT OF YOU EXPRESSLY [02:03:16] ADDRESSES EACH OF THOSE POINTS. I WILL BRIEFLY SUMMARIZE THEM. [02:03:22] IN SECTION 12.38.30 OF THE ORDINANCE, COUNCILMAN MASSEY [02:03:34] SUGGESTED REMOVING THE INTRODUCTORY LANGUAGE AND COMMUNITY [02:03:39] DEVELOPMENT DEPARTMENT AS TO WHY THEY WERE CONCERNED ABOUT [02:03:43] REMOVING THAT LANGUAGE BECAUSE, IN FACT, SOME EVENTS ARE [02:03:47] OTHERWISE PERMITTED WITH PERMITS. THEY WOULD LIKE TO RETAIN THE [02:03:53] LANGUAGE, AND WE ADDED THE FOLLOWING SITES TO THE AREAS THAT ARE [02:03:58] RESTRICTED. THE PIER HAD PIER PLAZA AT CERTAIN TIMES, WE HAD [02:04:07] BLACKOUT DATES AND TIMES, AND THAT IS ONE THING THAT WAS [02:04:10] SUGGESTED BY THE CITY COUNCIL. A BLOCK FROM THE FIESTA DURING [02:04:15] THE DAYS WHEN THAT EVENT IS TAKING PLACE AND THERE ARE SOME MINOR [02:04:20] CLARIFICATIONS RELATIVE TO RESTRICTING ON PRIVATE PROPERTY IN [02:04:24] RESIDENTIAL ZONES AND PRIVATE PROPERTY AND COMMERCIAL ZONES [02:04:27] WITHOUT THE CONSENT OF THE PROPERTY OWNER AND WITHOUT A [02:04:31] CITY-ISSUED PERMIT. LET ME NOTE THAT IN ONE OF THE [02:04:35] SUPPLEMENTALS, SUPPLEMENTAL FROM MR. LONGACRE, HE QUESTIONS [02:04:39] WHETHER WE SHOULD BE ADDRESSING LORETA PLAZA AND SPECIFICALLY AS [02:04:44] TO WHETHER OR NOT THAT IS PART OF THE PIER PLAZA. MY SUGGESTION [02:04:50] IS WE ADD LORETA PLAZA SPECIFICALLY TO THAT SECTION, AND YOU CAN [02:04:55] DECIDE WHETHER YOU WANT TO ADD IT TO G, WHICH WOULD MEAN IT WOULD [02:04:58] BE UNAVAILABLE DURING THE SAME PERIODS OF TIME AND DURING THE [02:05:02] SAME BLACKOUT DATES AS PIER PLAZA OR ADD A SEPARATE LETTER AND [02:05:08] PROHIBIT VENDING IN LORETA PLAZA ALL TOGETHER ON THE THEORY IT IS [02:05:14] A SMALL SPACE AND USED AS A PASS-THROUGH AND MIGHT NOT BE A [02:05:19] SUITABLE PLACE FOR A VENDOR TO SET UP. THAT IS ONE DISCUSSION [02:05:23] POINT THAT, I THINK, I WOULD LIKE YOU TO KEEP IN MIND AS I FINISH [02:05:27] AND WE GET INTO THE DISCUSSION PART OF THIS. [02:05:30] THE SECOND ISSUE IN THE STAFF REPORT ADDRESSES INSURANCE. I [02:05:39] HAVE SOME ADDITIONAL INFORMATION I WANTED TO CONVEY. I WASN'T [02:05:44] QUITE SURE THAT THE INFORMATION THAT -- THAT WE HAD ACQUIRED AS [02:05:47] OF THE WRITING OF THE STAFF REPORT WAS REALLY AS RESPONSIVE AS I [02:05:52] FELT IT SHOULD BE TO THE INQUIRY. WE CALLED UP A LOCAL INSURANCE [02:05:57] BROKER HERE IN HERMOSA BEACH AND SAID IF WE WANTED TO BY $1 [02:06:04] MILLION OF COMMERCIAL LIFE INSURANCE TO SET UP A VENDING CART TO [02:06:09] SELL HOT DOGS OR WHATEVER, WHAT WOULD IT COST US IN PREMIUM FOR [02:06:13] THE INSURANCE? HE CAME BACK WITH A NUMBER OF $570, ANNUAL [02:06:20] PREMIUM FOR A MILLION DOLLARS OF INSURANCE. IT GIVES YOU SOME [02:06:24] SENSE WHAT IT WOULD COST A VENDOR TO GET THAT LEVEL OF INSURANCE. [02:06:29] WE CLARIFIED SECTION 12.3890 OPERATING REQUIREMENTS. IF YOU 14 of 75 [02:06:36] REMEMBER, WE HAD A VERY EXTENSIVE DISCUSSION ON THE SUBJECT OF [02:06:39] WHAT IS PROHIBITED AND WHAT IS NOT PROHIBITED, AND WE CLARIFIED [02:06:44] 20908 TO SAY YOU CANNOT SELL LOTTERY TICKETS, ADULT OR MATERIAL [02:06:52] TOBACCO OR ELECTRONIC CIGARETTE PRODUCTS AND CAN'T SELL OR OFFER [02:06:58] FOR SALE ILLEGAL MERCHANDISE. WE COVERED BOTH OF THOSE ITEMS. [02:07:03] THAT REALLY REFLECTS THE CHANGES THAT HAVE BEEN MADE IN THE [02:07:08] ORDINANCE. THE ORDINANCE IS NOW AVAILABLE FOR YOU FOR FIRST [02:07:13] READING. AGAIN, I WOULD JUST SUGGEST IT THAT YOU HAVE A [02:07:18] CONVERSATION ABOUT -- ABOUT WHERE YOU WANT TO ADD LORETA PLAZA, [02:07:25] WHICH, I THINK, IS A GOOD IDEA. ALSO, IF YOU WILL INDULGE ME IN [02:07:30] THIS ONE POINT, IN HIS SUPPLEMENTAL LETTER, MR. LONGACRE MAKES [02:07:35] THE OBSERVATION THAT LORETA PLAZA IS AN AREA THAT SHOULD BE A [02:07:42] PUBLIC AVAILABLE AREA FROM THE GROUND UP, AND HE IS CRITICAL OF [02:07:46] THE PRIVATE USE OF THAT SPACE WITH THE TWO BRIDGES THAT ARE [02:07:52] ACROSS THAT AIR SPACE. I WANT TO MAKE THE OBSERVATION THAT IN [02:07:57] 1975, LONG BEFORE ANY OF US WERE INVOLVED IN THE CITY, THE CITY [02:08:03] GAVE AN EASEMENT TO THE THEN OWNER OF THE TWO BUILDINGS ON BOTH [02:08:09] SIDES OF LORETA PLAZA. THAT EASEMENT IS PERPETUAL IN NATURE AND [02:08:15] IT IS AN AIR-RIGHTS EASEMENT AND ALLOWS OWNER OF TWO BUILDINGS ON [02:08:22] EITHER SIDE OF LORETO PLAZA TO USE AIR SPACE AND AIR RIGHTS ABOVE [02:08:28] THE LAND TO GO ON, OVER, AND ACROSS LORETA PLAZA IN PERPETUITY, [02:08:34] AND IT PROVIDED NO CONSIDERATION FOR THE GIVING OF THAT RIGHT. [02:08:38] THAT EASEMENT WAS GIVEN IN 1975. TO THE EXTENT THAT HE [02:08:43] CRITICIZES THE USE OF THE AIR RIGHTS ON LORETA PLAZA, IT IS [02:08:52] SOMETHING WHICH WE REALLY HAVE NO SIGNIFICANT CONTROL BY VIRTUE [02:08:56] OF THAT ACTION OF THE CITY COUNCIL IN 1975. THAT CONCLUDES MY [02:09:01] REPORT. I WOULD BE HAPPY TO ANSWER ANY OF MY QUESTIONS. [02:09:04] REITERATE THAT WE ARE CONSIDERING THIS ORDINANCE BECAUSE OF THE [02:09:10] DICTATES OF STATE LAW THAT WE DO NOT WANT TO HAVE AN UNREGULATED [02:09:17] ENVIRONMENT AND THE STATE LAW WOULD ESSENTIALLY REQUIRE US TO [02:09:22] ALLOW VENDING IN AN UNREGULATED ENVIRONMENT WITHOUT THE ADOPTION [02:09:26] OF AN ORDINANCE THAT WE HAVE ATTEMPTED TO WALK A FINE LINE AND [02:09:30] PROVIDING SUFFICIENT REGULATIONS TO ASSURE THAT THERE ARE [02:09:35] SUFFICIENT RESTRICTIONS AND REGULATIONS IN PLACE AND AT THE SAME [02:09:39] TIME NOT TO BE SO PROHIBITIVE THAT IT COULD BE ARGUED THAT OUR [02:09:44] ORDINANCE WAS, IN FACT, PROHIBITORY IN NATURE. WE DON'T [02:09:50] ANTICIPATE ANY INCREASE IN VENDING AS A CONSEQUENCE OF THE [02:09:54] ADOPTION OF THIS ORDINANCE, AND THERE IS NO SIGNIFICANT VENDING [02:09:57] IN THE CITY TO SPEAK OF OUTSIDE OF SPECIAL EVENTS WHERE IT IS [02:10:02] PERMITTED SPECIFICALLY. IN SOME CASES, ENCOURAGED. [02:10:06] BUT WE DON'T REALLY ANTICIPATE A RISE IN VENDING. WE THINK [02:10:11] THAT THE RESTRICTIONS THAT HAVE BEEN IMPOSED HERE WILL GO A LONG [02:10:15] WAY TOWARD ENSURING THAT IF IT HAPPENS AT ALL, IT IS IN A VERY [02:10:20] LIMITED SORT OF WAY. THAT CONCLUDES MY REPORT. [02:10:23] >> WAIT FOR COMMENT ON THIS ITEM. [02:10:26] >> YEAH. YES. WE WILL HAVE PUBLIC COMMENT ON THIS. THANK [02:10:29] YOU, CITY ATTORNEY. I WANT TO LOOK TO MY COLLEAGUES TO SEE IF WE 15 of 75 [02:10:33] HAVE ANY QUESTIONS. I WILL START WITH COUNCILMEMBER MASSEY. [02:10:37] >> I DO, MAYOR. PRETTY STRAIGHTFORWARD ONE COMMUNITY [02:10:41] DEVELOPMENT DIRECTOR AND ACTING PUBLIC WORKS DIRECTOR AT RISK OF [02:10:46] STATING DEBATE WHICH DEPARTMENT SHOULD BE AT STATION FOR THIS [02:10:51] PARTICULAR PERMITTING REGIME. WE HAVE IT WRITTEN WHERE IT IS THE [02:10:54] PUBLIC WORKS DEPARTMENT. WE HAVE A VERY BRIEF DISCUSSION OF THE [02:10:58] PUBLIC WORKS DEPARTMENT GUIDE FOR A VARIETY OF REASONS AND ONE OF [02:11:03] WHICH THEY GOVERN OUR PUBLIC SPACES OR MANAGE OUR PUBLIC SPACES. [02:11:08] IT SEEMS TO ME THIS IS A TRANSIENT TYPE OF ACTIVITY AS [02:11:15] OPPOSED TO PERMANENT ADDITION AS TO PUBLIC SPACES AS A RESULT [02:11:19] BROADLY CONCEPTUALLY. IT SEEMS AS IF THE COMMUNITY DEPARTMENT [02:11:24] WOULD BE AN APPROPRIATE DEPARTMENT TO DO PERMITTING FOR THIS [02:11:27] PARTICULAR ACTIVITY AS OPPOSED TO PUBLIC WORKS DEPARTMENT, BUT I [02:11:31] WOULD INVITE DIRECTOR ROBINSON AND ACTING DIRECTOR ROBIN [02:11:39] RODRIGUEZ TO TELL US WHETHER OR NOT THEY FEEL STRONGLY THAT THE [02:11:43] PUBLIC WORKS DEPARTMENT SHOULD BE THE PERMITTING AUTHORITY HERE. [02:11:48] >> I LOVE THE IDEA, I TELL YOU THAT. [02:11:52] >> AUDIENCE: [LAUGHING]. [02:11:53] >> I MEAN, WE HAD INITIAL DISCUSSIONS ABOUT THIS WHEN WE [02:11:56] WERE FIRST CONTEMPLATING THE ORDINANCE AND INVOLVING THE CITY [02:12:00] ATTORNEY'S OFFICE. I THINK MIKE EXPRESSED IT PRETTY WELL AT THE [02:12:05] LAST MEETING. IT WASN'T BLATANTLY OBVIOUS WHICH DEPARTMENT [02:12:11] SHOULD DO IT BUT MADE SENSE THOSE THAT ISSUE ENCROACHMENTS AND [02:12:15] RIGHTS OF WAY PERMITS TO BE INVOLVED ABOUT MAKING DECISIONS ABOUT [02:12:19] THE PROPER LOCATIONS FOR VENDING IN THE RIGHT-OF-WAY. [02:12:24] WE ISSUE PERMITS FOR PRIVATE PROPERTY OWNERS OR ACTIVITIES [02:12:30] RELATED TO WHAT HAPPENS ON PRIVATE PROPERTY. A-FRAME SIGNS MIGHT [02:12:35] BE AN EXAMPLE. WAIT A MINUTE. WHY IS THE COMMUNITY DEPARTMENT [02:12:39] NOT DOING A-FRAME SIGNS? IT IS RELATED TO BUSINESSES THAT FRONT [02:12:44] ON RIGHT-OF-WAY, AND WE ISSUE SIGN PERMITS THAT FITS IN THE WORLD [02:12:51] OF COMMUNITY DEVELOPMENT RELATED TO SIGNAGE AND BRICK AND MORTAR [02:12:55] BUSINESS THAT NEEDED THAT PERMIT. I'M FULLY CONFIDENT THAT THE [02:13:00] PUBLIC WORKS DEPARTMENT CAN TAKE CARE OF THIS. WE ARE CERTAINLY [02:13:04] WILLING TO HELP OUT AS NEEDED. I GUESS THAT IS MY THOUGHTS ON [02:13:08] IT. [02:13:09] >> THANK YOU, KEN. ARE YOU PERSUADED DIRECTOR RODRIGUEZ [02:13:15] AND MR. CITY ATTORNEY? [02:13:17] >> UM, THE -- AS WE EXPRESSED LAST TIME, I THINK THIS WAS [02:13:23] WHOEVER DRAW THE SHORT STRAW; RIGHT? [02:13:30] I SAY IT IN BOTH DEPARTMENTS, BE IMPOSSIBLE. IT REALLY [02:13:36] DEPENDS ON DIRECTION AT THIS TIME, REALLY UNKNOWN. I SUPPOSE [02:13:43] STAFFING NUMBERS AND THINGS OF THAT FASHION, BUT WE ARE -- THIS [02:13:48] -- THIS PERMIT FITS IN BOTH DEPARTMENTS. IT IS ONE OF THOSE [02:13:52] ISSUES THAT IS JUST US -- DIRECTOR EXPRESSED IT WASN'T EASY [02:14:00] COMING UP WITH THE DECISION. HOWEVER, IT WAS THROUGH A PREVIOUS [02:14:05] GROUP; RIGHT? [02:14:07] >> LET ME ASK ONE QUICK FOLLOWUP QUESTION. BOTH YOUR 16 of 75 [02:14:11] DEPARTMENT ISSUE PERMITS FOR ACTIVITIES THAT REQUIRE SUBMITTAL OF [02:14:16] PLANS ALONG THE REVIEW PROCESS AND ULTIMATE ISSUANCE OF PERMIT. [02:14:21] DO BOTH DEPARTMENTS ISSUE OVER-THE-COUNTER PERMITS ESSENTIALLY [02:14:26] THAT ARE A LOT MORE SUCCINCT AS THESE WOULD BE? IN OTHER WORDS, [02:14:30] IT IS NOT A PRIVATE DEVELOPMENT FOR SOMEBODY KNOCKING DOWN THE [02:14:34] HOUSE AND BUILDING TWO CONDOS ON THE LOT OR BUILDING A SIDEWALK [02:14:39] ALONG A STRETCH OF STREET OR WHATEVER ELSE A PUBLIC WORKS PROJECT [02:14:43] MIGHT BE. DO BOTH OF YOU FEEL YOU HAVE THE DEPARTMENTS CAPACITY [02:14:47] TO ISSUE SORT OF A LESS IN-DEPTH PERMIT THAN THIS? ONE THAT [02:14:52] MIGHT BE HIGHER VOLUME AND MORE STANDARDIZED? [02:14:57] >> WE DO A HIGH VOLUME OF THOSE TYPES OF PERMITS. [02:15:01] >> JUST PUBLIC WORKS. [02:15:03] >> TYPICALLY MINOR. YOU KNOW, BUILDING PERMITS THAT ARE -- [02:15:07] THEY LITERALLY WRITE DOWN WHAT THEY ARE PLANNING TO BUILD, AND WE [02:15:10] ISSUE PERMIT WATER HEATER AND WINDOW CHANGE OUT. WE DON'T NEED [02:15:15] PLANS FOR THOSE KIND OF PERMITS. [02:15:18] >> WE HAVE A HIGH VOLUME OF COUNTER ACTIVITY. THERE IS [02:15:21] CONSTANTLY PEOPLE THERE TRYING TO PULL A PERMIT OF SOME SORT. [02:15:27] THIS PERMIT CALLS IN THE ORDINANCE FOR A 30-DAY REVIEW. SO THE [02:15:33] APPLICATION COMES IN. [02:15:35] WE REVIEW THE PROCESS, SO IT WILL TAKE -- AS STATED HERE, IT [02:15:43] WOULD TAKE SOME REVIEW TIME, RIGHT? MAYBE UNTIL WE GET THE WHOLE [02:15:50] PROCESS REALLY DOWN. YEAH. [02:15:51] >> OKAY. THANK YOU JOE AND KEN. [02:15:54] >> I WOULD SPEAK THAT THERE ARE DETERMINATIONS THAT NEED TO [02:15:57] BE MADE IN TERMS OF STANDARDS AND ORDINANCE IN TERMS OF IS THERE [02:16:01] ROOM ON THE SIDEWALK FOR A VENDOR WILL IT IMPEDE SIGHT DISTANCES [02:16:07] AND IMPEDE TRAFFIC? THOSE ARE THE TIP THINGS IF WE ISSUE PERMIT [02:16:12] WE CIRCULATE AT PUBLIC WORKS TO ANSWER THOSE QUESTIONS IT SEEMS [02:16:16] LESS DUPLICATIVE TO HAVE THEM ISSUE THE PERMIT, BUT -- [02:16:20] >> FAIR ENOUGH. I'M PERSUADED. THANK YOU, JOE AND KEN AND [02:16:24] MADAM MAYOR. [02:16:26] >> YES. MADAM MAYOR PRO TEM. [02:16:29] >> THANK YOU, MAYOR. THAT WAS ONE OF MY QUESTIONS. THE [02:16:32] ONLY THING I HEARD A LITTLE BIT ABOUT WAS CONCERNS FOR CAPACITY, [02:16:36] AND I ALSO HEARD THAT KEN SAID THEY WOULD BE WILLING TO HELP [02:16:39] SUPPORT WHILE IT GETS UP AND RUNNING. I'M CONVINCED AS WELL. MY [02:16:44] OTHER QUESTION WAS ABOUT --UM, HANG ON. OH, I KNOW THERE IS [02:16:50] CONCERN. I HAD SOME. I READ ABOUT SOME ABOUT ENFORCEMENT. I [02:16:55] DON'T KNOW IN ANTICIPATION, WE WILL PROBABLY HAVE PUBLIC COMMENT [02:17:00] THAT MIGHT TOUCH ON IT THAT. IS THERE ANYTHING WE CAN OFFER IN [02:17:05] TERMS OF THE PERMIT FEE OR BUDGET THAT WOULD BE REQUIRED TO MAKE [02:17:09] SURE WE HAVE SOME CAPACITY TO ENFORCE THESE RULES IN THIS [02:17:13] ORDINANCE? [02:17:18] >> I THINK AT THIS TIME UNTIL WE ACTUALLY START TO SEE [02:17:21] APPLICATIONS, IT IS HARD TO DETERMINE WHAT LEVEL WE NEED. THIS [02:17:25] WOULD CERTAINLY FALL WITHIN THE PLANNING COMMUNITY DEVELOPMENT 17 of 75 [02:17:29] BECAUSE THAT IS WHERE OUR CODE ENFORCEMENT IS. [02:17:32] SO IT IS HARD TO SAY. AND IF WE HAVE AN INFLUX, WHICH WE [02:17:37] DON'T EXPECT, WE WOULD HAVE TO COME BACK AND CONSIDER ADDITIONAL [02:17:40] RESOURCES. [02:17:41] >> WHICH COULD INCLUDE RAISING THE FEE POTENTIALLY IN [02:17:45] FUTURE -- OKAY. THANK YOU. [02:17:47] >> ALL RIGHT. DO MY COLLEAGUES HAVE ANY MORE QUESTIONS? [02:17:53] SEEING NONE, I WILL OPEN THIS UP FOR THE PUBLIC TO COMMENT. I [02:17:59] WILL ASK THE CLERK IF SHE HAS ANYMORE CARDS. [02:18:02] >> I DO. CAROLYN PETTY. [02:18:05] >> ALL RIGHT, CAROLYN. [02:18:08] >> HELLO, GOOD EVENING, EVERYBODY AND MAYOR AND COUNCIL AND [02:18:11] CITY ATTORNEY AND CITY MANAGER. HI. SO YEAH. SO GLAD YOU ASKED [02:18:16] THAT QUESTION. THAT WAS GOING TO BE ONE OF THE THINGS I WAS [02:18:20] GOING TO COMMENT ON HERMOSA BEACH CHAMBER OF COMMERCE. I [02:18:26] APPRECIATE WHAT THE CITY MANAGER SAID THAT WAS OUR REQUEST. I [02:18:30] WANT TO THANK STAFF FOR REVISIONS MADE TO THE ORDINANCE AND [02:18:33] INCORPORATE CONCERNS WE HAD AND WE APPRECIATE COMMENTS YOU HAD. [02:18:36] WE WANT TO SAY THANK YOU AND RECOGNIZE THAT. REALLY, THE OTHER [02:18:40] THING IS WE HAD TALKED INTERNALLY AS A CHAMBER AND WITH [02:18:44] BUSINESSES THE CONCERN TO COME BACK ABOUT CODE ENFORCEMENT. WE [02:18:48] DIDN'T RESEARCH VARIOUS CITIES IN LOS ANGELES, MANHATTAN BEACH, [02:18:53] NEWPORT BEACH, HUNTINGTON BEACH, AND LAGUNA BEACH. THEY ARE NOT [02:19:00] -- THEY ACTUALLY DID A PRETTY SOPHISTICATED STUDY. IT WAS [02:19:05] COMPLICATED. HUNTINGTON BEACH HASN'T BROUGHT IT BACK YET. IT IS [02:19:10] A SOLUTION. IF YOU INCLUDE THE FEE, YOU HAVE TO KEEP THE CITY [02:19:14] SEGREGATED, AND YOU CAN'T MAKE MONEY OFF IT. I WANT TO SAY, YES. [02:19:18] THANK YOU FOR ACKNOWLEDGING IF THERE ARE A LOT OF PERMITS PULLED [02:19:23] AND ANTICIPATION. THERE IS TREMENDOUS ACTIVITY. IT WOULD BE [02:19:28] GOOD TO BRING IT BACK. IT PUTS THE CITY IN DEFICIT INSURANCE [02:19:33] REQUIREMENTS TO PROTECT THE CITY AND 200 FEET BETWEEN VENDORS, [02:19:37] CODE ENFORCEMENT, 100 PEOPLE PULLING PERMITS. YOU HAVE TO FIGURE [02:19:42] SOMETHING OUT AND PECK ARE JOCKING FOR POSITION, WHICH IS A THING [02:19:45] WE SAID IN THE LAST MEETING WHEN WE MADE OUR COMMENTS. ANYWAY, [02:19:49] AS HERMOSA BEACH CHAMBER OF COMMERCE, I FEEL PRETTY GOOD ABOUT [02:19:53] WHAT WE ARE HEARING FROM YOU GUYS. I WANT TO SAY WE UNDERSTAND [02:19:56] YOU HAVE TO PASS IT, AND WE UNDERSTOOD THAT ALL ALONG. WE [02:19:59] APPRECIATE ALL OF YOUR CONSIDERATION AND THOUGHTFULNESS IN [02:20:03] POINTING THIS OUT FOR A FEW WEEKS AND PULLING TOGETHER SOMETHING [02:20:06] THAT IS A LITTLE MORE THOROUGH. SO THANK YOU. [02:20:09] >> ALL RIGHT. THANK YOU. NO MORE CARDS? JIM HAS [02:20:22] SOMETHING TO SAY. [02:20:23] >> I WILL SHOW MY AGE HERE ON THE ISSUE OF LORETA PLAZA. I [02:20:27] WAS ON THE PLANNING COMMISSION IN 1975 WHEN IT WAS APPROVED. I'M [02:20:32] ALMOST SURE WE DIDN'T CONSIDER COMMERCIAL USES FOR THEIR VENDORS [02:20:37] DOWN BELOW. [02:20:38] THE REASON THAT IT IS LAID OUT THE WAY IT IS AND PROBABLY 18 of 75 [02:20:42] WHY THERE ARE A WHOLE LOT OF RESTRICTIONS IS THE CITY OWNED A LOT [02:20:47] THERE. TWO ADJOINING LOTS WERE OWNED. THE OWNER OF THE [02:20:51] ADJOINING LOTS ASKED IF HE COULDN'T SPLIT HIS PROJECT WITH THE [02:20:56] CITY AND TRADE LOTS, BASICALLY. THE REASON BEING THAT HE HAD AN [02:21:01] IDEA, WHICH TURNED OUT TO BE WHAT YOU SEE THERE TODAY IN TERMS OF [02:21:05] LORETA PLAZA AS OPPOSED TO HAVING TWO STRAIGHT-ON BUSINESSES. I [02:21:11] THINK IT WAS JUST A MUTUAL AGREEMENT BETWEEN THE OWNER AND THE [02:21:16] CITY THAT WE DIDN'T ENFORCE A LOT OF RULES ON THEM BECAUSE WE [02:21:20] WERE TRYING TO ENCOURAGE A COMMERCIAL VENTURE THAT WOULD BE [02:21:26] SUCCESSFUL. OVER THE YEARS, WE HAVE SUCCEEDED MORESO THAN WE [02:21:30] WOULD HAVE THOUGHT. THAT THOUGHT EXPLAINS PERHAPS WHY THERE IS [02:21:35] BRIDGES OVER THE ROAD LIKE THERE IS. OKAY? [02:21:39] >> THANK YOU, JIM. ANYONE ELSE FOR PUBLIC COMMENT? SEEING [02:21:44] NO ONE. I WILL BRING IT BACK TO THE COUNCIL FOR FURTHER [02:21:47] DISCUSSION OR MAYBE EVEN A MOTION. COUNCILMEMBER DUCLOS? [02:21:52] >> YEAH, MADAM MAYOR. I MOVE THAT -- THAT WE INTRODUCE [02:21:59] UPON FIRST READING AN ORDINANCE TO REGULATE SIDEWALK VENDING [02:22:03] WITHIN THE CITY OF HERMOSA BEACH IN COMPLIANCE WITH SENATE BILL [02:22:08] NO. 946. AND THAT WE ADOPT A RESOLUTION THAT IS AMENDING THE [02:22:14] CITY'S COMPREHENSIVE FEE SCHEDULE TO INCLUDE ADMINISTRATIVE FINES [02:22:19] FOR SIDEWALK VENDING VIOLATIONS IN COMPLIANCE WITH SENATE BILL [02:22:23] NO. 946 AND TO ADOPT A RESOLUTION AMENDING THE CITY'S [02:22:31] COMPREHENSIVE FEE SCHEDULE TO INCLUDE A SIDEWALK VENDING PERMIT [02:22:35] APPLICATION FEE AND ANNUAL RENEWAL FEE. [02:22:39] >> DO WE HAVE A SECOND? [02:22:40] >> I WILL SECOND. [02:22:41] >> ALL RIGHT. [02:22:42] >> DID YOU WANT TO ADDRESS THE LORETA PLAZA THING? [02:22:46] >> YEAH. [02:22:47] >> AND AMEND ORDINANCE TO INCLUDE THAT? [02:22:49] >> PUT IT IN THE MAIN MOTION HERE WE INCLUDE. [02:22:52] >> TELL ME WHERE YOU WANT IT TO BE PROHIBITED ALL THE TIME [02:22:55] OR JUST AS PIER PLAZA IS LIMITED IS ALL WE NEED TO KNOW. [02:23:00] >> MADAM MAYOR, MAY I? [02:23:02] >> YES, COUNCILMEMBER MASSEY. [02:23:05] >> IF YOU LOOK, COUNCILMEMBER DUCLOS, ON PAGE 4 OF THE [02:23:12] DRAFT ORDINANCE BEFORE US, SECTION G, IT PROHIBITS SIDEWALK [02:23:17] VENDING AT PIER PLAZA DURING CERTAIN TIMES AND HOURS OF THE YEAR. [02:23:22] THE QUESTION IS: DO WE WANT TO HAVE RESTRICTIONS THAT APPLY TO [02:23:25] LORETA PLAZA THAT ARE LIMITED TO THE SAME DAYS AND TIMES OR [02:23:30] RESTRICT PROHIBIT SIDEWALK VENDING ON LORETA PLAZA THE REST OF [02:23:37] THE YEAR? MY SUGGESTION TO YOU, MAKER OF THE MOTION, WOULD BE WE [02:23:40] CALL OUT LORETA PLAZA SEPARATELY SO SIDEWALK VENDING IS [02:23:45] PROHIBITED ALL THE TIME ON THE PLAZA FOR REASONS THAT THE CITY [02:23:50] ATTORNEY LAID OUT EARLIER. WE WOULD ADD LORETA PLAZA AS OWN [02:23:55] SUBSECTION TO THE SECTION OF THE ORDINANCE RIGHT AFTER THE [02:23:58] SECTION THAT APPLIES TO PIER PLAZA. 19 of 75 [02:24:01] >> SECONDED. [02:24:02] >> YES, AND WE CAN RELETTER ALL OF IT. [02:24:05] >> CORRECT. THE MOTION IS AS-IS. [02:24:07] >> AMEND. [02:24:08] >> RIGHT. [02:24:09] >> YEAH. [02:24:10] >> I AGREE AND ACCEPT THAT AMENDMENT. THANK YOU. [02:24:14] >> ALL RIGHT. ANY FURTHER DISCUSSION? YES, COUNCILMEMBER [02:24:18] FANGARY? [02:24:19] >> THANK YOU, MADAM MAYOR. I WANT TO BRIEFLY ADDRESS AND [02:24:23] RESPOND TO A SUPPLEMENTAL PROVIDED BY MR. HOWARD LONGACRE [02:24:27] REGARDING LORETA PLAZA. HE HAS BEEN RAISING THIS ISSUE FOR YEARS [02:24:33] NOW ACCUSING ME AND MY WIFE OF BEING UNETHICAL. I TRIED TO [02:24:37] IGNORE IT AND JUST LET IT BE, BUT HE KEEPS SAYING THE SAME THING [02:24:41] OVER AND OVER AGAIN. IT IS REALLY FRUSTRATING AS I SIT HERE AS A [02:24:45] COUNCIL AND SERVE THIS COMMUNITY TO KEEP BEING BOMBARDED WITH [02:24:49] THESE COMPLETELY MADE-UP ALLEGATIONS. I INCLUDE IT AS A [02:24:55] SUPPLEMENTAL TO THIS AGENDA ITEM, A LETTER THAT WE RECEIVED AND [02:24:58] CITY ATTORNEY RECEIVED ON JULY 1ST OF 2015. JUST TO GIVE -- [02:25:03] AGAIN, I WANT TO LET HOWARD LAKER SAY WHATEVER HE WANTS TO SAY. [02:25:10] I SIT HERE, AND HE WRITES LETTERS AND ADDS A SUPPLEMENTAL [02:25:14] REGARDING ME AND MY WIFE. I FELT KEEPING QUIET IS NOT THE RIGHT [02:25:17] THING TO DO AND GIVES THE WRONG PRESIDENT I'M HIDING FROM THE [02:25:22] ACCUSATION HE IS MAKING. I WILL ANSWER IT NOW AND ONCE, AND HE [02:25:26] CAN FOCUS ON SOMETHING ELSE. [02:25:28] HE RAISES THE ISSUE THAT MY WIFE OWNS A PROPERTY ON LORETA [02:25:35] PLAZA, AND I SHOULD RECUSE MYSELF. THE ISSUE WAS RAISED BACK IN [02:25:40] 2015 AND RAISED WITH THE CITY ATTORNEY AT THE TIME AND ASKED THE [02:25:44] CITY ATTORNEY TO RAISE IT TO FPPC TO GET AN OFFICIAL DECISION IN [02:25:49] 2015. MY WIFE HAS PREVIOUSLY HAD OWNERSHIP IN THIS PROPERTY HAS [02:25:55] SINCE PASSED AWAY. TALKING FOUR YEARS LATER AND HOWARD ACRE [02:26:00] DOESN'T SEEM TO GET THAT HE KEEPS HARPING ON A COMPLETELY TRIVIAL [02:26:04] ISSUE AND SEEMS ONE OF THE FEW PEOPLE OTHER THAN POLITICIANS THAT [02:26:08] LIKES TO HEAR HIMSELF TALK. IT IS FRUSTRATING TO ME. I KEEP [02:26:12] HEARING THE SAME THING OVER AND OVER AGAIN FOR THE LAST 4 YEARS [02:26:16] SUPPLEMENTAL -- JULY 1, 2015, VERY THOROUGH EVALUATION OF THE [02:26:22] CONFLICTS COUNCIL MEMBERS HAVE TO GO THROUGH IF THERE IS A [02:26:25] CONFLICT OF INTEREST AND, AGAIN, A 4-PAGE LETTER. I WON'T READ [02:26:28] IT, BUT I WILL READ THE QUESTION AND CONCLUSION, WHICH ARE VERY [02:26:32] BRIEF. THE QUESTION IS ME, COUNCILMEMBER FANGARY, PARTICIPATE IN [02:26:37] A DECISION RELATING TO THE DEVELOPMENT APPLICATION SUBMITTED BY [02:26:42] PIERSIDE PROPERTY LLC, WHICH IS AN LLC THAT OWNS PROPERTY AT [02:26:46] ISSUE. THE ANSWER IS YES. COUNCILMEMBER DOESN'T HAVE [02:26:49] DISQUALIFYING INTEREST AND DECISION THAT WOULD RESULT IN THE [02:26:53] CONFLICT OF INTEREST. THIS WAS MADE 4 YEARS AGO. EVER SINCE [02:26:57] THEN, EVERY 2 OR 3 MONTHS HOWARD WRITES A LETTER TELLING ME AND [02:27:05] MY WIFE ARE UNETHICAL. I HAVE A JOB THAT REQUIRES ME TO BE 20 of 75 [02:27:09] PROFESSIONAL AND ETHICAL. IT IS EXHAUSTING. THANK YOU. [02:27:14] >> ALL RIGHT. THANK YOU. [02:27:16] >> BEFORE YOU CALL FOR THE VOTE. [02:27:17] >> YES. [02:27:18] >> IF I MAY READ THE TITLE OF THE ORDINANCE. THIS IS AN [02:27:21] ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA ADDING CHAPTER [02:27:26] 12.38 TO THE HERMOSA BEACH MUNICIPAL CODE SIDEWALK VENDING TO [02:27:35] ADOPT IN COMPLIANCE WITH SENATE BILL 946 AMENDING SECTIONS [02:27:41] 1.10.040, 5.64.030. 10.12.170. 10.32.170. 10.32.180. [02:27:59] 12.20.300. 12.24.020. AND 12.28.010. AND REPEALING SECTION [02:28:12] 12.12.070. [02:28:16] >> THANK YOU. [02:28:18] >> ALL RIGHT. WE HAVE A MOTION AND A SECOND. ALL THOSE IN [02:28:21] FAVOR? [02:28:22] >> AYE. [02:28:23] >> OPPOSED? MADAM CLERK. [02:28:28] >> OKAY. WE ARE AT MUNICIPAL MATTERS, ITEM 6A, AWARD OF [02:28:33] PRODUCTION AGREEMENT WITH 5B ARTISTS AND MEDIA FOR PRODUCTION AND [02:28:38] MANAGEMENT OF SUMMER BEACH CONCERT SERIES AND THE REPORT IS FROM [02:28:43] COMMUNITY RESOURCES MANAGER KELLY ORTA AND SUPPLEMENTAL PRODUCER [02:28:48] AGREEMENT FROM MANAGER ORDER IT THAT WAS RECEIVED TODAY. [02:28:52] >> ALL RIGHT. WELCOME, KELLY. [02:28:55] >> GOOD EVENING, MAYOR AND CITY COUNCIL. [02:28:59] >> GOOD EVENING. [02:29:00] >> THIS ITEM THIS EVENING IS TO APPROVE STAFF'S [02:29:03] RECOMMENDATION TO AWARD PRODUCTION AGREEMENT ARTIST AND MEDIA [02:29:06] PRODUCTION AND MANAGEMENT OF SUMMER BEACH CONCERT SERIES. AS YOU [02:29:12] KNOW, IT IS AN ANNUAL EVENT TAKING PLACE IN AUGUST -- PROPOSAL IN [02:29:19] JANUARY, WHICH THE COPY OF RFELP IS INCLUDED IN STAFF REPORT AND [02:29:27] FOLLOWED BY STAFF REVIEW AND THREE TOTAL PROPOSALS RECEIVED IN [02:29:32] RESPONSE TO RFP AND FOLLOWING INTERNAL REVIEW, WE ALSO HAD A [02:29:37] FORMAL INTERVIEW WHICH DID INCLUDE TWO EXTERNAL PANELISTS FROM [02:29:43] CONCERT AND EVENT INDUSTRY, WHICH WAS ENSURE UNBIASED [02:29:48] DETERMINATION AND REVIEW AND EVALUATION OF THE PROPOSALS. [02:29:53] CULMINATION OF THE STEPS LED TO -- INCLUDING EXTENSIVE EXPERIENCE [02:30:04] IN PLANNING AND MANAGEMENT OPERATION AND IN-HOUSE RESOURCES THAT [02:30:09] CAN BE ALLOCATED AS NEEDS TO PROVIDE A SUCCESSFUL CONCERT SERIES [02:30:15] AND DEMONSTRATED ABILITY SPONSORSHIP OPPORTUNITIES FINANCIALLY [02:30:20] FISCAL EVENT AND HAVE A CONCERT SERIES REMAINS COMMUNITY EVENT [02:30:27] FOR ALL AGES AND ELEVATE VISITOR EXPERIENCE FOR EVERYONE [02:30:32] ATTENDING AND FLEXIBLE AND ENJOYED BY COMMUNITY AND CITY OF [02:30:39] HERMOSA BEACH IS PROUD TO HOST. THE PROPOSAL INCLUDED AS [02:30:44] ATTACHMENT 3. EXACT DATES 2019 CONCERT SERIES HAS YET TO BE [02:30:51] DETERMINED. WE WILL CERTAINLY ANNOUNCE THOSE AS SOON AS POSSIBLE [02:30:54] WHEN WE CAN BEGIN LAYING GROUNDWORK TO GET THE COUNCIL SERIES [02:30:58] PLANNING STARTED. IN ADDITION TO TRADITIONAL SUNDAY CONCERTS, 5B [02:31:03] IS EXCITED TO COORDINATE ADDITIONAL EVENTS ON ALTERNATE DATES 21 of 75 [02:31:07] THAT WILL, AGAIN, REMAIN FREE AND OPEN TO THE COMMUNITY VERY [02:31:11] SIMILAR TO THE MOVIES AT THE BEACH EVENTS WE HAVE HAD SATURDAY [02:31:16] EVENINGS. WE ARE WORKING WITH THEM TO BRING CREATIVE APPROACHES [02:31:20] TO THAT OR REPLICATE SOME OF THE EVENTS. INCLUDED TODAY, WE [02:31:25] ADDED A SUPPLEMENTAL ITEM, WHICH IS LISTED ONLINE AS ATTACHMENT [02:31:29] 2, WHICH IS THE DRAFT PRODUCTION AGREEMENT. PRINCIPLE AGREEMENT [02:31:35] TERMS OF THAT INCLUDE A TWO-YEAR TERM WITH OPTION TO EXTEND FOR [02:31:40] ADDITIONAL 1 YEAR AND CONSIDERATION OF CITY TO COORDINATE [02:31:44] POTENTIAL OFFSITE BEER GARDEN NEAR THE BEACH ADDED REVENUE SOURCE [02:31:51] 5B IS TAKING ON FISCAL OR MONETARY RESPONSIBILITY. CITY'S [02:31:57] COMMITMENT TO PROVIDE THE MATS AS IT HAS DONE FOR SEVERAL YEARS [02:32:02] AND COMMITMENT FOR 5B TO FULLY FUND CONCERT SERIES WITH NO [02:32:08] EVENTS. OVERALL, STAFF HAS BEEN VERY IMPRESSED WITH 5B AND THEIR [02:32:12] TEAM. I'M REALLY EXCITED FOR THE POTENTIAL PARTNERSHIP. AS I [02:32:20] STATED, THEY BRING WITH THEM RESOURCES, EXPERIENCE, AND [02:32:23] DEDICATION TO PROVIDING A MEMORABLE EXPERIENCE FOR THE COMMUNITY. [02:32:28] I CAN'T EXPRESS ENOUGH HOW GREAT IT HAS WORKED FOR THEM THUS FAR [02:32:33] UP TO THIS POINT. I CERTAINLY THINK THEY HAVE THE DEDICATION AND [02:32:36] EXPERIENCE AND EXCITEMENT TO REALLY PUT ON A GREAT CONCERT SERIES [02:32:41] FOR OUR COMMUNITY. WE ARE REALLY EXCITED FOR THIS OPPORTUNITY. [02:32:45] I WOULD LIKE TO ASK IF IT DOES PLEASE THE COUNCIL WE HAVE [02:32:49] REPRESENTATIVES HERE THIS EVENING FROM 5B INCLUDING CHIEF [02:32:52] EXECUTIVE OFFICER CORY BRENNAN AND ARTISTIC MANAGER AND THEY HAVE [02:32:59] A FEW WORDS THEY WOULD LIKE TO SAY ABOUT POTENTIAL PARTNERSHIP [02:33:04] AND EXPERIENCE THUS FAR ABOUT THE EVENT, SO YOU CAN SPEAK WITH [02:33:08] THEM ABOUT THAT. WITH THAT, THAT CONCLUDED MY REPORT UNLESS YOU [02:33:13] HAVE ANY QUESTIONS. [02:33:14] >> ALL RIGHT. KELLY, IF POTENTIAL PRODUCES WOULD LIKE TO [02:33:17] STEP FORWARD AND SPEAK TO US, NOW WOULD BE YOUR TIME. [02:33:21] >> HEY NOW. [02:33:22] >> GOOD EVENING. [02:33:23] >> GOOD EVENING. I'M COREY BRENNAN AND THANKS FOR HAVING [02:33:27] US AND FOR THE KIND WORDS, KELLY. YOU KNOW, WE ARE REALLY [02:33:32] EXCITED TO TALK ABOUT THE SUMMER CONCERT SERIES. I FIRST CAME TO [02:33:36] HERMOSA WHEN I WAS 12 YEARS OLD AND BLOWN AWAY COMING FROM EAST [02:33:41] COAST AND SERVICE SHOPS AND STRAND AND PIER, THE ENVIRONMENT AND [02:33:46] CULTURE OF IT. I MOVED HERE 10 YEARS AGO AND MOVED HERE WITH [02:33:50] WIFE AND DAUGHTER. MY WIFE IS A MANAGER. WE ARE ALL ABOUT THE [02:33:55] COMMUNITY AND DO AS MUCH AS WE CAN FOR THE COMMUNITY. I STARTED [02:33:59] A COMPANY 8 OR 15 YEARS AGO 5B ARTIST MANAGEMENT. I HAVE BEEN IN [02:34:05] THE MUSIC BUSINESS FOR 27 YEARS. 5B PRODUCES MUSIC FESTIVALS ALL [02:34:11] OVER THE WORLD. FIRST ROCK FESTIVAL EVER IN BOGOTA, COLUMBIA [02:34:19] LAST YEAR, JAPAN, AND FRANCE. WE HAVE BEEN INVOLVED. THIS IS [02:34:22] JOSH FREEBAR AND CLAY BUSH ON THE SAME TEAM. WE HAVE DONE [02:34:27] FESTIVALS IN SACRAMENTO, SAN BERNARDINO, OMAHA NEBRASKA, [02:34:34] PHILADELPHIA, PENNSYLVANIA. WE WORK WITH THE CITY AND COMMUNITY [02:34:39] AND LOCAL VENDORS AND RESTAURANTS AND FIGURES AND ARE GREAT AT 22 of 75 [02:34:44] BOOKING TALENT. WE ARE GOOD AT WHAT WE DO, AND WE WOULD LOVE TO [02:34:50] DO. IF YOU HAVE QUESTIONS, FIRE. WE WILL ANSWER AS WE CAN. [02:34:56] >> SOUNDS LIKE COUNCILMEMBER DUCLOS HAS A QUESTION FOR YOU. [02:35:00] >> THANK YOU, MADAM MAYOR. YEAH. I GUESS A COUPLE [02:35:05] QUESTIONS THAT CAME UP TO ME WAS THE CONCEPT OF YOUR RELATIONSHIP [02:35:12] WITH KLROQ. [02:35:15] >> YEAH. [02:35:16] >> CAN YOU SPEAK TO HOW YOU ENVISION IT WORKING? [02:35:19] >> YES. [02:35:20] >> IF YOU DON'T MIND STEP FORWARD. [02:35:23] >> IN THE SENSE IT WOULD HELP BRING IN THE PRODUCTION AND [02:35:26] HELP ACQUIRE THE TALENT. TALENT HOUSE WOULD BE PRESENTED TO THE [02:35:30] COUNCIL FOR APPROVALS AND THE RADIO PLATFORM I THINK WOULD BE A [02:35:38] NICE BENEFIT TO WHAT WE HAVE HERE IN HERMOSA BEACH. [02:35:42] >> ARE YOU INVOLVED IN THE RELATION TO THE SELECTION OF [02:35:45] ACTS THAT ARE INVOLVED, OR I ASSUME THERE IS CROSS-PROMOTIONAL [02:35:50] STUFF THAT GOES ON THE AIR. [02:35:52] >> ABSOLUTELY. [02:35:53] >> LIVE BROADCASTING FROM THE VENUE, DO YOU ENVISION THAT? [02:35:57] >> THAT IS A COMPONENT TO BE DETERMINED, BUT THEY WOULD [02:36:00] PRESENT THE CONCERTS, AND THEY WOULD HAVE A PRODUCTION TEAM HELP [02:36:04] BUILD THE STAGE AND DEFINITELY HELP ACQUIRE THE TALENT FOR THE [02:36:10] EVENT. [02:36:14] >> RIGHT. I GUESS THE OTHER QUESTION IS IN TERMS OF KIND [02:36:18] OF ACTS YOU HAVE ENVISIONED. YOU HAVE LIVED IN THE TOWN AND YOU [02:36:23] HAVE KNOWN FOR A WHILE. I FIND IT INTERESTING, ROCK MEETS HEAVY [02:36:29] METAL. WILL WE BE IN THE MIDDLE SOMEWHERE? [02:36:32] >> WE WILL KEEP IT AS METAL AS POSSIBLE. PURELY SARCASM. [02:36:40] I UNDERSTAND THE QUESTION I AM ASKED A BIT. I AM A MUSIC GUY. I [02:36:46] LOVE ALL OF IT. I KNOW WHAT PEOPLE IN THE COMMUNITY WANT TO [02:36:50] HEAR. WE WILL TAILOR FOR THE COMMUNITY WHETHER IT MEANS A BLUES [02:36:55] ARTIST OR ALTERNATIVE ROCK OR REGULAR ARTIST. WE WILL WORK WITH [02:37:01] THE CITY TO GET THE RIGHT ACTS AT THE RIGHT TIME. WE KNOW HOW TO [02:37:06] GET THE ACTS. I MADE A FEW CALLS TO A FEW AGENCIES THAT BOOK [02:37:11] TALENT. WE CAN GET THE RIGHT ONES FOR THE CITY. WE CAN DO IT, [02:37:15] AND WE HAVE RELATIONSHIPS AND GOOD WILL OUT THERE IN THE INDUSTRY [02:37:19] TO DO IT. I UNDERSTAND THE QUESTION ABOUT ROCK AND METAL. THAT [02:37:22] IS WHAT 5B DOES. 5B EVENTS DOES ALL KINDS OF THINGS IN DIFFERENT [02:37:28] GENRES. [02:37:29] >> I LOOKED AT THE CLIP SELECTION YOU HAD IN TERMS OF [02:37:32] EVENTS THAT YOU STAGED. AND WHILE IT WAS CLEAR THAT THEY WERE [02:37:36] WELL-ORCHESTRATED AND WELL DONE AND EVERYBODY HAD A GOOD TIME, IT [02:37:41] OCCURS TO ME THAT IF A FAMILY SHOWED UP, CHILDREN WOULD HAVE TO [02:37:44] INSTANTLY GO INTO THERAPY. I'M RELIEVED TO HEAR YOU KNOW. I [02:37:51] WANTED TO GET THAT. [02:37:53] >> IT IS A FAMILY COMMUNITY. I WANT TO BRING MY DAUGHTER [02:37:56] WHO IS 13 AND SHE WANTS TO BRING HER FRIENDS. WE WILL TAILOR IT 23 of 75 [02:38:00] FOR THE COMMUNITY. THERE IS A WIDE SPECTRUM OF ARTISTS WE CAN [02:38:04] LOOK AT FROM EVERYTHING TO CLASSIC ROCK TO ALTERNATIVE. IF NOW [02:38:09] WE UNDERSTAND WHAT THE BOUNDARIES ARE, AND WE WILL RESPECT THE [02:38:13] BOUNDARIES. [02:38:14] >> GREAT. NOT SURE IF QUESTION FOR YOU OR STAFF IN TERMS [02:38:18] OF CONCEPT OF BEER GARDEN NOT CLEARLY EXPRESSED IN STAFF REPORT. [02:38:22] IF WE ARE TALKING ABOUT, ARE WE TALKING ABOUT A BEER GARDEN FOR [02:38:26] THE PUBLIC ACCESS TO A BEER GARDEN OR TALKING ABOUT ALCOHOL [02:38:36] PERMITTED FOR A GREEN ROOM SETTING? [02:38:39] >> WE ARE TALKING ABOUT A BEER GARDEN LIKE THEY WOULD HAVE [02:38:42] AT A HOMETOWN FAIR OR BEER GARDEN FOR ADULTS TO GO IN ACROSS THE [02:38:47] STREET FROM THE STRAND IN THE PARKING LOT AND GET A REFRESHMENT [02:38:51] AND STAND THERE AND GATHER WITH PEOPLE AND HAVE CONVERSATIONS AND [02:38:54] WALK BACK OVER AND HEAR MUSIC WHEN YOU ARE READY. [02:38:57] >> IF I'M NOT MISTAKEN, THAT IS A DISCUSSION THAT WOULD [02:39:01] CONTINUE AND WOULD NOT BE PART OF ANY DECISION THAT WE WOULD MAKE [02:39:05] TONIGHT; IS THAT CORRECT? [02:39:07] >> CORRECT. [02:39:08] >> OKAY. [02:39:09] >> WE ARE FINE WITH THAT. I MEAN, FOR US, WE ARE TRYING TO [02:39:13] FIND WAYS TO ENHANCE THE EXPERIENCE, AND WE HAVE MANY MORE WAYS [02:39:16] THAN THAT, BUT THAT IS A GOOD WAY TO ENHANCE THE EXPERIENCE AND [02:39:20] DRIVE MORE REVENUE TO IT TO PUT ON A GOOD EVENT. WE WANT TO PUT [02:39:25] THE BEST ON FOR THE COMMUNITY AND WANT TO MAKE SURE REVENUE IS [02:39:29] COMING IN TO DO IT. [02:39:30] >> THE DEMOGRAPHIC FOR KROQ, I READ SOMEWHERE, IS 15 TO 35. [02:39:36] IS THAT YOUR PRIMARY DEMOGRAPHIC? [02:39:39] >> 45. [02:39:40] >> MOVING UP A LITTLE FURTHER, SO OKAY. WELL, THANK YOU. [02:39:44] THAT IS THE ONLY QUESTION I HAD. [02:39:46] >> ADDING ONE THING. I'M COMING IN HERE. FESTIVALS, I [02:39:50] COME FROM SEPARATE TO WHAT COREY HAS DONE FROM I HAVE COME FROM [02:39:54] DOING STUFF WITH STEVIE NICKS AND CURATED FOR ALL-AGES EVENT, [02:39:59] FAMILY FRIENDLY ROBERT PLANTS OF WORLD AND STEVIE NICKS AND CITY [02:40:05] WORKING TOGETHER WITH YOU, WHAT IS IMPORTANT TO YOU AND [02:40:08] EXPERIENCE WHAT WILL MATTER AND WORK WITH HERMOSA BEACH. THAT IS [02:40:15] HOW WE WORK WITH EACH CITY. [02:40:18] >> THOSE I SEE WOULD BE CLEARLY ARTICULATED TO YOU, AND WE [02:40:23] HAVE A HISTORY OBVIOUSLY OF THE EVENT. I JUST THINK IT WAS FOR [02:40:27] GENERAL REASSURANCE. [02:40:29] >> YEAH. [02:40:30] >> FOR ANY OF THE PEOPLE MIGHT BE FRIGHTENED IN WHAT THEY [02:40:33] MIGHT SEE IN ONE OF THE OTHER EVENTS. [02:40:36] >> OR NOW BE DISAPPOINTED. [02:40:37] >> THEY WON'T SEE IT. [02:40:39] >> MY DAUGHTER IS NOT SCARRED, AND SHE IS DOING A-OKAY AND [02:40:43] HER FRIENDS ARE TOO. 24 of 75 [02:40:44] >> ALL RIGHT. COUNCILMEMBER MASSEY? [02:40:47] >> THANK YOU. I WILL KEEP IT SHORT. GREAT PROPOSAL. I'M [02:40:51] GLAD YOU MENTIONED YOUR DAUGHTER. I'M A DAD TOO. WE HAVE ISSUES [02:40:55] WITH ALCOHOL CONSUMPTION IN HERMOSA BEACH. IT IS NOT A SECRET. [02:41:00] MY QUESTION TO YOU IS CAN YOU PULL IT OFF WITHOUT ALCOHOL [02:41:03] SPONSORS AND WITHOUT A BEER GARDEN? LET ME FOLLOW UP AND SAY WE [02:41:08] HAVE SEVERAL LARGE EVENTS. ALCOHOL CONSUMPTION ON THE BEACH IS [02:41:12] CONSTANTLY AN ASK AND NOT ONE I PERSONALLY AM WILLING TO INDULGE. [02:41:17] I'M HAPPY TO HAVE STAFF FACILITATE AS MUCH AS WE CAN AND [02:41:22] HOSPITALITY ROOMS AND OTHERWISE TO ALLOW PEOPLE TO HAVE ACCESS TO [02:41:29] ALCOHOL IF THEY WANT TO DO SO BEFORE, DURING, OR AFTER THE EVENT. [02:41:33] I'M AMENABLE TO THE IDEA OF THE GOURMET FOOD TRUCKS. I WOULD [02:41:37] LIKE YOU TO THINK MORE IN TERMS OF IF WE COULD HAVE POP-UPS WITH [02:41:42] LOCAL RESTAURANTS OR ARTISTS AS OPPOSED TO FOOD TRUCKS FROM OUT [02:41:46] OF TOWN, AND SO WE CAN CROSS-POLLINATE OUR EXISTING BUSINESSES. [02:41:51] MY QUESTION TO YOU IS BECAUSE I WILL INCLUDE THIS IN MY [02:41:54] DISCUSSION WITH MY COLLEAGUES IS CAN YOU DO IT WITHOUT ALCOHOL [02:41:57] SPONSORS AND WITHOUT THE BEER GARDEN? [02:42:04] >> WE CAN DO IT WITHOUT ANY OF THAT. OF COURSE WE CAN DO [02:42:07] IT. FOR US, IT IS TRYING TO MAKE THE BEST EXPERIENCE POSSIBLE. [02:42:10] WE ARE NOT PUTTING UP A BEER GARDEN SAYING PEOPLE HAVE TO [02:42:15] OVER-INDULGE. IN THERE, CRAFT BEER GARDENS WITH CRAFT BEERS AND [02:42:19] UNIQUE WINES AND MAKE IT A MORE UNIQUE TASTING EXPERIENCE THAN [02:42:24] PEOPLE GOING AND DRINKING LOTS OF BEERS TO PARTY. IT IS NOT [02:42:28] THAT. IT IS MORE AN ADULT EXPERIENCE REVENUE FROM THAT ALLOWS TO [02:42:32] GET BETTER TALENT AND POSSIBLY HAVE BETTER EXPERIENCES TO GO WITH [02:42:36] THE OVERALL THEME WHAT WE ARE TRYING TO DO AND GET MORE CREATIVE. [02:42:41] THAT IS WHAT IT WOULD ALLOW. NOT IN THE DISCUSSION LONG ENOUGH [02:42:45] TO CRUNCH THE NUMBERS TO SAY PROPERLY, BUT I KNOW WE CAN DO IT [02:42:50] EITHER WAY BUT TO HELP DESIRE AND MAKE IT A BIGGER AND BETTER [02:42:54] EXPERIENCE. [02:42:55] >> I EXPECT YOU TO SAY HIGHER MARGIN ON BEER GARDEN. YOU [02:42:59] WOULD OPERATE AS OPPOSED TO A PARTNERSHIP WITH AN EXISTING BAR OR [02:43:04] RESTAURANT ON PLAZA FOR HOSPITAL ROOMS OR MULTIPLES OF THOSE. [02:43:08] >> YEAH. [02:43:09] >> WE WILL TAKE THAT INTO CONSIDERATION. I UNDERSTAND WHAT [02:43:11] YOU ARE SAYING AND LOVE YOUR PROPOSAL AND LOOK FORWARD TO, YOU [02:43:17] KNOW, HOPEFULLY A SUCCESSFUL PARTNERSHIP, IF THAT IS THE WAY WE [02:43:22] GO. IT IS A CONCERN OF MINE, AND ONE WE DISCUSS BECAUSE IT IS A [02:43:26] CONCERN WE HAVE TO CONSTANTLY DEAL WITH IN TOWN AND MANAGING [02:43:30] POLICE DEPARTMENT AND DEPLOY RESOURCES DOWNTOWN AND IN THE [02:43:35] COMMUNITY. THANK YOU. [02:43:37] >> I APPRECIATE THE DIALOGUE AND LOVE TO DISCUSS IT [02:43:41] INDIVIDUALLY AND IN WHATEVER FORM WE CAN DISCUSS IT. FOR ME, IT [02:43:44] IS MORE ABOUT THE EXPERIENCE OF TASTING CRAFT BEERS AND UNIQUE [02:43:48] WINES THAN IT IS GETTING 36-OUNCE CUPS AND DRINKING A BEER MORE [02:43:53] ABOUT THE OVERALL EXPERIENCE. I WOULD LOVE TO DISCUSS IT MORE 25 of 75 [02:43:56] WHEN THE TIME IS RIGHT. [02:43:57] >> THANK YOU. [02:43:58] >> ALL RIGHT. ANY OTHER QUESTIONS HERE? NO. SEEING NONE. [02:44:02] THANK YOU VERY MUCH FOR THE GREAT PRESENTATION. WE WILL OPEN UP [02:44:05] FOR PUBLIC COMMENT. MAY I ASK YOU TO COME UP LATER IF WE HAVE [02:44:09] ANOTHER QUESTION? THANK YOU GUYS VERY MUCH. [02:44:11] >> THANK YOU. [02:44:13] >> ALL RIGHT. MADAM CLERK DOES NOT HAVE ANY CARDS. IF [02:44:17] ANYONE IS IN THE AUDIENCE RIGHT NOW THAT WOULD LIKE TO SPEAK TO [02:44:20] THIS, YOU ARE WELCOME TO COME UP. SEEING NO ONE! WE WILL BRING [02:44:24] IT BACK FOR A DISCUSSION WITH THE COLLEAGUES HERE AND MAYBE A [02:44:33] MOTION. YES, COUNCILMEMBER DUCLOS? [02:44:36] >> THANK YOU, MAYOR. I HAVE ONE QUESTION FOR STAFF AND IN [02:44:40] RELATION TO THE STAFF REPORT. IN STAFF REPORT, YOU SUGGEST THERE [02:44:45] IS EXTENSIVE INPUT FROM PARKS AND REC COMMISSION THAT GOES BACK [02:44:49] TO NOVEMBER IF YOU COULD SPEAK TO THAT FOR A MINUTE BECAUSE AS I [02:44:55] RECALL IN A RECENT MEETING OF THAT COMMISSION, THERE WAS A [02:44:59] SUGGESTION THAT THEY WEREN'T ENGAGED IN THIS PROCESS. IF YOU [02:45:03] DON'T MIND. [02:45:04] >> SURE. SO ANY BELIEVE NOVEMBER IS THE PROPER -- I DON'T [02:45:09] HAVE IT PULLED UP. AT THAT MEETING, WE VERY QUICKLY TURNED [02:45:13] AROUND THE COUNCIL'S REQUEST TO HAVE THE COMMISSION PROVIDE INPUT [02:45:17] ON THE SCOPE OF THE RFP. COMMISSION JUST LOOKED AT JUST THE [02:45:21] SCOPE SECTION OF THE RFP AND PROVIDED INPUT ON JUST THAT PORTION [02:45:26] OF IT. THAT IS THE EXTENT OF THE INVOLVEMENT OF THE PROCESS [02:45:30] BECAUSE OF THE QUICK TIMELINE AND SHORT TURNAROUND WE HAD TO PUT [02:45:34] IT TOGETHER TO ALLOW POTENTIAL PRODUCER AS MUCH TIME AS POSSIBLE [02:45:39] TO REALLY PULL OFF A GREAT EVENT. WE HAVE BEEN PROVIDING UPDATES [02:45:46] TO THE COMMISSION HOW THE PROCESS IS GOING, BUT THAT WAS THE [02:45:49] EXTENT OF BEING INVOLVED IN THE PROCESS. [02:45:51] >> GOOD. THANK YOU FOR CLARIFYING THAT. MADAM MAYOR, I [02:45:56] HAD ONE OTHER COMMENT. I WANT TO COMPLEMENT THE CITY MANAGER FOR [02:46:03] AN ALMOST THAT HAS BEEN ADDED TO OUR STAFF REPORTS. THE GENERAL [02:46:07] PLAN CONSISTENCY ELEMENT THAT YOU HAVE BEEN DOING, I HAVE TO SAY [02:46:11] I -- IT ADDS SO MUCH TO THIS. IT GIVES THE IMPORTANT CONTEXT TO [02:46:18] THE THINGS WE DISCUSS. I REALLY WANTED YOU TO KNOW HOW MUCH I [02:46:22] APPRECIATED THAT. THANK YOU, MADAM MAYOR. [02:46:26] >> ALL RIGHT. ANY OTHER? YES. MAYOR PRO TEM? [02:46:29] >> THANK YOU, MADAM MAYOR. I WANT TO EXTEND MY SINCERE [02:46:34] THANKS TO KELLY AND CITY MANAGER AND GENERAL LOHENTHALL. THIS IS [02:46:44] A LONG YEAR AND SPENT LOTS OF TIME. I APPRECIATE YOUR EFFORTS IN [02:46:50] GETTING US TO THIS POINT. AND THANK YOU 5B FOR THE PRESENTATION [02:46:54] AND FOR BEING HERE TONIGHT AND GENEROUSLY ANSWERING ALL OUR [02:46:58] QUESTIONS AND CURIOSITIES. [02:47:00] I WANT TO HIGHLIGHT A COUPLE OF THINGS THAT I REALLY [02:47:03] APPRECIATED ABOUT WHAT HAS BEEN PRESENTED TO US. THAT WAS I [02:47:07] REALLY SENSED A STRONG INTENTION TO HAVE A PARTNERSHIP FOCUS WITH 26 of 75 [02:47:11] THE CITY AND HAVE A LONG RELATIONSHIP WITH THE CITY AND A [02:47:14] SUCCESSFUL ONE AND TO WORK WITH OUR LOCAL BUSINESSES TO WHATEVER [02:47:19] DEGREE WE COULD CREATE WIN/WIN EXPERIENCES. AS FAR AS -- NOT [02:47:25] SURE KELLY, IF YOU MISSED IT, BUT IF YOU DIDN'T, I WANT TO [02:47:32] ACCENTUATE, BUT THERE IS CONVERSATION -- ON THE BEACH FOR A [02:47:36] PERIOD OF TIME AND EXCITING TIME DURING THE SUMMER MIGHT BE SOME [02:47:40] OPPORTUNITIES TO LEVERAGE THAT SPACE IN DAYTIME OR ALTERNATE DAY [02:47:46] THAT MIGHT BE ANOTHER ADD FOR THE COMMUNITY IS ENJOYMENT. I [02:47:51] THINK THAT WOULD BE A WIN/WIN. ALSO, I'M OPEN TO THE DISCUSSIONS [02:47:58] OF BEER GARDENS PER-SE IF IT IS EXPLORED WITH THE STAFF WITH [02:48:02] IMPORTANT INPUTS AND PERSPECTIVES WE WANT TO BE CONSIDERED IN THE [02:48:05] PROCESS. I'M SENSITIVE TO THE PLACE-MAKING AND, YOU KNOW, [02:48:10] CREATING EVENTS THAT HAVE THE KIND OF DRAW THAT CREATE AN [02:48:14] ENVIRONMENT AND FEEL. I'M OPEN TO THAT AS A POSSIBLE AS WELL. [02:48:19] THANK YOU, MADAM MAYOR. [02:48:21] >> ALL RIGHT. ANY OTHER DISCUSSION? YES, COUNCILMEMBER [02:48:24] FANGARY? [02:48:25] >> THANK YOU, MAYOR. I LIKE THE PROPOSAL AND THINK IT [02:48:30] PROVIDES YOUR EXPERIENCE AND TRYING THIS WITH HERMOSA BEACH IS [02:48:35] EXCITING TO ME. I LOOK FORWARD TO THE PARTNERSHIP AND HEAR AND [02:48:40] SHARE COUNCILMEMBER MASSEY'S CONCERNS ABOUT ALCOHOL ON THE BEACH [02:48:44] IN THE CITY HOWEVER WAY IT IS PUT TOGETHER IN THE STAFF REPORT [02:48:48] PROVIDING A MEANS FOR MAINTAINING A BALANCE. SORRY. LOOKING AT [02:48:53] THE WRONG SECTION, I THINK. REQUEST FOR CONSIDERATION FOR USE OF [02:49:01] LOT A BEER GARDEN DURING CONCERT SERIES WE DISCUSSED BEFORE [02:49:07] HAVING THE ABILITY TO SERVE ALCOHOL ON THE BEACH -- IT WOULD [02:49:13] REQUIRE SIGNIFICANT MODIFICATIONS OF THE MUNICIPAL CODE WHICH I [02:49:16] HAVEN'T PREVIOUSLY BEEN SUPPORTIVE OF. USING LOT A FOR THAT [02:49:21] PURPOSE IS SOMETHING I WILL BE AMENABLE HOW YOU DESCRIBED IT IS [02:49:26] PUT TOGETHER MORE OF A TASTING AND EXPERIENCE OF DIFFERENT [02:49:29] PRODUCTS RATHER THAN GETTING PEOPLE DRUNK. WE CAN TRY IT FOR THE [02:49:33] FIRST YEAR MAYBE AND SEE HOW IT WORKS. I WOULD BE AMENABLE TO [02:49:38] TRYING IT AS WELL AND SEEING HOW IT WORKS UNDER THE SUPERVISION [02:49:43] OF OUR STAFF AND POLICE DEPARTMENT. THANK YOU, MADAM MAYOR. [02:49:47] >> ALL RIGHT. THANK YOU. DO WE HAVE A MOTION? [02:49:49] >> MADAM MAYOR, I WOULD BE HAPPY TO MAKE A MOTION. [02:49:53] >> OKAY. [02:49:54] >> A WORD PRODUCTION -- MANAGEMENT OF SUMMER BEACH CONCERT [02:50:00] SERIES AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT AND CITY [02:50:05] CLERK TO ATTEST SUBJECT TO APPROVAL BY CITY ATTORNEY. [02:50:08] >> I WILL SECOND. [02:50:09] >> WONDERFUL. I WILL ADD A BIG THANK YOU TO 5B AND THE [02:50:15] OTHER ORGANIZATIONS THAT APPLIED FOR THE RFP WITH SUCH SHORT [02:50:24] NOTICE. IT WAS A TALL ORDER. YOU ROSE TO THE OCCASION AND STOOD [02:50:27] OUT IN A REALLY GREAT WAY. WE SEE YOUR ENTHUSIASM AND [02:50:33] PROFESSIONALISM AND ABILITY TO RESOURCE GREAT ACTS FOR HERMOSA [02:50:39] BEACH, AND WE ARE REALLY EXCITED TO PARTNER WITH YOU GUYS. 27 of 75 [02:50:41] >> THANK YOU SO MUCH. [02:50:43] >> WITH THAT, I WILL -- [02:50:45] >> MADAM MAYOR, BRIEFLY. [02:50:48] >> YEAH. [02:50:49] >> I'M EXCITED FOR 5B CAPABILITIES. I WON'T SUPPORT THE [02:50:54] MOTION. IT IS IMPORTANT WE GIVE CLEAR DIRECTION ALCOHOL [02:50:58] SPONSORSHIP AND SERVICE IS NOT SOMETHING THAT WE WANT STAFF TO [02:51:02] NEGOTIATE AS PART OF THE CONTRACT WITH THAT WITH RESPECT TO [02:51:07] EVERYTHING ELSE. I LOVE THE PROPOSAL AND AM OPTIMISTIC IT WILL [02:51:12] BE GREAT, BUT THOSE ARE IMPORTANT ISSUES FOR ME. WITH THAT, I [02:51:16] WON'T SUPPORT IT. [02:51:17] >> QUESTIONS FROM STAFF? MADAM CITY MANAGER, IS THAT [02:51:23] ACCURATE? [02:51:24] >> SO I CAN BETTER UNDERSTAND COUNCILMEMBER MASSEY'S [02:51:27] REQUEST -- LOT A. I THINK IN MY CONVERSATIONS WITH KELLY, THOSE [02:51:33] ARE THE TYPES OF ARRANGEMENTS WE WOULD BE LOOKING FOR BUT NOT [02:51:36] LOOKING FOR ALCOHOL ON THE BEACH. WE ARE VERY CLEAR THAT, THAT [02:51:40] IS CURRENTLY NOT ALLOWED IN OUR MUNICIPAL CODE. WOULD THAT BE [02:51:44] AMENABLE TO YOU POSSIBLY? [02:51:46] >> I UNDERSTAND THE ISSUE. IT WOULDN'T. [02:51:50] >> OKAY. [02:51:51] >> I UNDERSTAND TWICE A YEAR FOR FIESTA WE HAVE A BEER [02:51:54] GARDEN DOWN THERE. THEY REQUESTED WE ADD ONE IN FRONT OF [02:51:58] MERMAID. WE DECLINED AND REQUESTED A WINE TASTING AREA WE MIGHT [02:52:03] HAVE ALLOWED AT ONE POINT, AND WE HAVE SAME ISSUE WITH AVP AND [02:52:08] REQUEST FROM PRIOR PRODUCER OF SUMMER CONCERTS. I FORESEE IF WE [02:52:14] ALLOW IT HERE, IT WILL BE ALL OF THE OTHER PRODUCERS WILL COME [02:52:18] FORWARD AND ASK US FOR THE SAME ALLOWANCE, AND VERY QUICKLY WE [02:52:22] WILL HAVE DIFFICULTY DRAWING LINES. AND RIGHT NOW, THE LINE IS [02:52:25] PRETTY CLEAR. TO DATE, THE SUMMER CONCERTS HAVE BEEN PRODUCED [02:52:29] WITHOUT A BEER GARDEN. THERE -- THERE IS AMPLE SPACE ON PIER [02:52:35] PLAZA AND AROUND DOWNTOWN HERMOSA FOR FOLKS TO GET DRINK AND FOOD [02:52:41] TO COME TO THE EVENT. I'M NOT CONCERNED WITH THE FOOD ASPECT. [02:52:47] I'M CONCERNED ABOUT THE ALCOHOL PORTION OF IT. [02:52:49] >> IF I MIGHT JUST SHARE ONE MORE PIECE. JUST IN [02:52:54] RECOGNITION OF THE TIME CONSTRAINT FROM THE TIME WE WERE ABLE TO [02:52:59] RELEASE THE RFP AND GET PROPOSALS AND ASSEMBLE INTERVIEW TEAM, I [02:53:05] DO THINK IT PUTS A PARTICULAR STRAIN ON YEAR 1. AND IF I [02:53:13] UNDERSTAND FROM THE PRODUCER'S STANDPOINT AND I UNDERSTAND WHAT [02:53:17] COUNCILMEMBER MASSEY IS STATING, I WANT TO MAKE SURE THIS IS A [02:53:22] UNIQUE SITUATION GIVEN THE TIMEFRAME AND NEW RELATIONSHIP, AND WE [02:53:26] WOULD LIKE TO HAVE A SUCCESSFUL FIRST YEAR AND PERHAPS THAT IS [02:53:30] SOMETHING WE CAN DISCUSS IN YEARS 2 AND 3 AND AT LEAST SEE HOW [02:53:33] THE FIRST YEAR GOES, IF YOU WOULD BE OPEN TO CONSIDERING THAT. [02:53:37] >> WELL, AS I UNDERSTAND IT, MADAM MAYOR, IT IS NOT PART OF [02:53:41] THE CURRENT MOTION. IT IS -- IT IS SOMETHING DEFINITELY THAT [02:53:49] WOULD BE A DIFFERENT AND SEPARATE DISCUSSION AND RIGHTFULLY SO. 28 of 75 [02:53:53] THIS IS CONSISTENT ISSUE IN OUR CITY. COUNCILMEMBER MASSEY SAID [02:53:59] IN TERMS OF TENSION OF TRYING TO ADD THE ELEMENTS, AND I SAY THIS [02:54:02] WITH A COMPLETE SENSE OF UNDERSTANDING OF WHERE THAT TENSION IS [02:54:06] COMING FROM, FROM THE PRODUCER SIDE. [02:54:10] AND THAT YOU HAVE GOT TO GENERATE REVENUE AND YOU HAVE IT IN [02:54:19] TERMS OF SPONSORSHIPS AND SO FORTH THIS IS THE ISSUE WE ARE [02:54:24] ADDRESSING WITH AVP AND NOT JUST ABOUT HOW WE WILL HANDLE THIS. [02:54:27] IT IS REALLY SORT OF HOW DO WE NAVIGATE THIS GOING FORWARD? THE [02:54:35] OTHER PART OF IT IS THE ENVIRONMENT AND ACTS THAT ARE PLAYING, [02:54:41] THERE IS AN EXPECTATION FOR THE ACTS THAT WILL BE ACCESS TO [02:54:46] ALCOHOL, I BELIEVE. AND FROM EVERYTHING I HAVE SEEN, THERE IS [02:54:50] THAT PART TOO. [02:54:51] SO I THINK THE CONCERN FOR ME IS THAT IF YOU HAVE THIS, [02:54:55] WHETHER IT IS TASTING OR WHATEVER, THOSE DRINKS MIGRATE OVER TO [02:54:59] THE BEACH. WE HAVE SEEN IT HAPPEN. [02:55:04] THE OTHER THING, ALTHOUGH I KNOW IT IS WITHIN THE CONTRACT [02:55:08] THAT IN TERMS OF SPONSORSHIPS, THAT THEY BE WHAT WE CONSIDER TO [02:55:12] BE APPROPRIATE SPONSORSHIPS. [02:55:15] TO DATE, WE HAVE BEEN ABLE TO AVOID HAVING A BEER COMPANY [02:55:20] SPONSORING SUMMER CONCERTS. I WOULD CERTAINLY HOPE THAT [02:55:25] CONTINUES. I UNDERSTAND THAT PUTS -- THAT PUTS A LOT OF PRESSURE [02:55:29] ON THE PRODUCER OF THE EVENTS. SPONSORSHIPS, YOU KNOW, ARE NOT [02:55:34] EASY TO COME BY. OBVIOUSLY, YOU HAVE GREAT RESOURCES AND GREAT [02:55:39] RESPECT FOR YOUR ABILITY TO PROD AUTO US A FIRST-CLASS EVENT AND [02:55:44] YOUR ABILITY TO GENERATE APPROPRIATE SPONSORSHIPS. THAT IS A [02:55:49] WHOLE OTHER QUESTION THAT IS AT THE STAFF LEVEL. I DON'T HAVE -- [02:55:53] I WANT TO KNOW I HAVE THE COMFORT LEVEL THAT MY STAFF WILL [02:56:00] UNDERSTAND THE CULTURE WE ARE TALKING ABOUT AND ISSUES WE HAVE [02:56:04] HAD THAT WILL BE ENGRAINED HERE IN TERMS OF OUR CITY IN TRYING TO [02:56:09] KEEP ALCOHOL OFF THE BEACH AND NOT TO PERMIT IT ARE VERY REAL. [02:56:14] THAT -- THAT ISSUE WAS AT HAND FROM THE VERY FIRST TIME THAT [02:56:18] WE PRODUCED THE VERY FIRST CONCERT ON THE BEACH. [02:56:22] I DON'T SUSPECT IT WILL GO AWAY OR IS LESS, BUT IT IS A [02:56:29] SEPARATE DISCUSSION, AND I WOULD BE GIVEN THE TIME CONSTRAINTS [02:56:32] AND EVERYTHING, MY INCLINATION IS CERTAINLY TO SUPPORT THE [02:56:37] MOTION. BUT AS IT RELATES TO ALCOHOL, I THINK THAT IS A LARGER [02:56:41] DISCUSSION THAT WE NEED TO HAVE AT A DIFFERENT TIME. [02:56:49] >> WELL, TO BE CRYSTAL CLEAR. NOW I'M CONFUSED. YOU [02:56:53] UNDERSTAND IT IS HAPPENING AT THE STAFF LEVEL, BUT YOU EXPECT WE [02:56:56] WILL COME BACK FOR A BIGGER DISCUSSION? [02:56:58] >> NO. [02:56:59] >> IN GENERAL. [02:57:00] >> NO. IF I'M READING THE MOTION, THE MOTION DOES NOT -- [02:57:05] MOTION RELATED TO ALCOHOL AND BEER GARDEN IS NOT IN THE MOTION TO [02:57:09] APPROVE THIS CONTRACT. [02:57:14] >> CORRECT. BUT MADAM CITY MANAGER, AM I UNDERSTANDING [02:57:18] THIS CORRECTLY? YOU ALL WILL COORDINATE THAT AT THE STAFF LEVEL 29 of 75 [02:57:22] OR ARE YOU COMING BACK TO US TO TALK ABOUT ALCOHOL OR A BEER [02:57:28] GARDEN, FOR EXAMPLE? [02:57:29] >> I'M TRYING TO FIND THE SECTION IN THE AGREEMENT. I [02:57:32] BELIEVE THE WAY IT IS WORDED IN THE AGREEMENT NOW IS THAT IN [02:57:36] REGARDS TO THE BEER GARDEN, IT WOULD BE WORKED ADMINISTRATIVELY. [02:57:40] STAFF WOULD WORK WITH THE EVENT PRODUCER TO SEE IF IT IS EVEN [02:57:45] POSSIBLE. IF IT IS, WE WOULD OBVIOUSLY PUT THE PROPER PROCEDURES [02:57:49] AND POLICIES IN PLACE TO MAKE IT SUCCESSFUL SIMILAR TO THE [02:57:56] FIESTA. [02:57:57] >> DOES THAT COME BACK TO US? NO. AT THE STAFF LEVEL. [02:58:01] >> ADMINISTRATIVELY. [02:58:03] >> OKAY. [02:58:04] >> AND UNDER THOSE CIRCUMSTANCES, I WOULD NOT BE ABLE TO [02:58:08] SUPPORT THE MOTION. [02:58:09] >> HE SAID YES. [02:58:10] >> HE SAID HE WOULD NOT BE ABLE TO SUPPORT IT. [02:58:14] >> OKAY. [02:58:15] >> MAYOR PRO TEM? [02:58:17] >> COUNCILMEMBER DUCLOS, BUT MOTION STILL STANDS EVEN [02:58:22] THOUGH HE STATED HE WOULDN'T SUPPORT IT. I READ IT, AND HE [02:58:26] SECONDED IT. [02:58:27] >> I DID NOT. [02:58:28] >> YOU DID NOT? WHO SECONDED IT? [02:58:30] >> HANNY DID. [02:58:31] >> I DID. [02:58:33] >> ALL RIGHT. I WANT TO ADD THAT I THINK IN MY MIND ONE OF [02:58:39] THESE, WE HAVE AN OPPORTUNITY TO DO, AND I WANT TO PUT IN WORD [02:58:43] FOR WE, AS A CITY, HAVE OPPORTUNITY TO EXPERIMENT A LITTLE BIT [02:58:47] WITH THE EVENT AND SUCCESS AND POTENTIAL FOR THE EVENT. I THINK [02:58:51] AT LEAST HISTORICALLY AS OUR NEW PRODUCER IS AWARE AND WILL [02:58:56] CONTINUE TO BECOME MORE AWARE, THAT THIS PARTICULAR SERIES IS A [02:59:00] FAMILY-FRIENDLY SERIES. THAT IS HOW IT WAS POSITIONED IN THE [02:59:05] RFP. IT IS NOT AN ALL-WEEKEND THING. IT IS SORT OF DIFFERENT. [02:59:09] I, PERSONALLY, I DON'T HAVE ANYTHING NECESSARILY AGAINST A BEER [02:59:15] OR WINE GARDEN THAT IS CURATED IN A WAY THAT HAS AN ATMOSPHERE, [02:59:21] YOU KNOW, SORT OF APPROPRIATE CLASS. THERE IS NOTHING [02:59:24] PARTICULARLY WRONG WITH THAT IN MY MIND. I WANTED TO ADD THAT AS [02:59:27] WE CONSIDER THIS, THAT WE CONSIDER THE NUANCES OF THE DIFFERENT [02:59:31] KINDS OF EVENTS WHERE THIS COULD BE ADDITIVE OR NOT. IF WE TRIED [02:59:37] IT, AND IT DOESN'T WORK, I'M SURE WE WOULDN'T WANT TO CONTINUE [02:59:40] IT. THAT IS ALL I WANTED TO ADD. [02:59:42] >> IF I MIGHT, MADAM MAYOR? [02:59:47] >> SURE. [02:59:48] >> IF YOU CAN ARTICULATE WHAT THE EVENT LOOKS LIKE AND WHO [02:59:52] ARE THE VENDORS THAT ARE WORKING THERE AND GET -- AND GIVE THE [02:59:56] CONTEXTUAL LOOK AT HOW THIS IS ENVISIONED, THAT IS ONE THING. [03:00:02] BASICALLY, WHAT WE ARE SAYING IS WHATEVER YOU COME UP WITH WILL 30 of 75 [03:00:09] BE FINE. THAT IS CONTRARY TO WHAT OUR RESPONSIBILITY IS. [03:00:13] >> WELL. [03:00:14] >> I DO BELIEVE -- I STILL BELIEVE STRONGLY IT NEEDS TO [03:00:18] COME BACK TO US. WE NEED TO SEE IT. IT DOESN'T MEAN IT NEEDS TO [03:00:22] -- YOU KNOW, IT WILL TAKE A TREMENDOUS AMOUNT OF TIME, BUT I WANT [03:00:26] TO SEE EXACTLY WHAT THE STAFF WORKING WITH THE EVENT PROMOTERS [03:00:30] COME UP WITH AND WHAT THEY -- WHAT YOU PROPOSE BEFORE I -- ON [03:00:36] SOMETHING AS SIGNIFICANT AS -- AS THIS. AS AN EXTENSION TO OUR [03:00:42] SUMMER CONCERTS WE HAVE BEEN DOING OVER A DOZEN YEARS. [03:00:47] >> DO YOU HAVE A RESPONSE TO THAT? [03:00:49] >> IN ORDER TO BE ABLE TO DO THAT, WE WOULD HAVE TO BE IN [03:00:54] OR BE ENGAGED WITH 5B. WE WOULD REQUIRE AN ACTION FROM THE [03:00:58] COUNCIL TO ALLOW US TO HAVE CONVERSATIONS AND NEGOTIATIONS. [03:01:02] >> WELL, THEN I WOULD RECOMMEND THAT THE MOTION-MAKER THINK [03:01:05] OF AMENDING THEIR MOTION SO THAT -- YOU KNOW, THERE IS NOT A [03:01:10] SENSE OF AMBIGUITY IN TERMS OF WHAT THIS ELEMENT IS. [03:01:14] >> WELL, I WAS JUST LOOKING AT -- I DON'T KNOW THAT IT IS [03:01:19] AMBIGUOUS. I THINK IT IS INCORPORATING OUR DISCUSSION, WHICH IS [03:01:23] BECOMING CRYSTAL CLEAR THAT IT SOUNDS LIKE COUNCIL MEMBERS WANT [03:01:30] THIS ITEM TO COME BACK ALTHOUGH NO. NO. WE DON'T WANT IT. [03:01:35] >> THAT IS NOT WHAT I'M SAYING. I THINK THESE GUYS ARE [03:01:38] SMART ENOUGH, AND THEY LIVE HERE AND WILL SEE IF THIS GOES DOWN [03:01:42] AS 32 VOTE INPUT WE HAVE GIVEN TO STAFF IS THIS IS THE ISSUE OF [03:01:47] CONCERN WITH US. THEY WANT TO BUILD A PARTNERSHIP. THEY WILL [03:01:51] TAKE THAT INTO CONSIDERATION. WE DON'T HAVE TIME TO GET IT [03:01:54] NEGOTIATED AND COME BACK TO COUNCIL FOR FURTHER APPROVAL, CALL [03:01:58] QUESTION, AND VOTE ON IT. 32 VOTE BASED ON DISCUSSION AND NATURE [03:02:02] OF IT. THEY ARE SMART ENOUGH TO UNDERSTAND IN NEGOTIATION AND [03:02:08] STAFF GETS THAT MESSAGE GOING FORWARD, AND I TRUST THAT THE EVENT [03:02:12] WILL BE A SUCCESS. [03:02:15] >> ALL RIGHT. [03:02:16] >> THANK YOU. I FOUND THE SECTION IN THE CONTRACT YOU ARE [03:02:19] REFERRING TO. IT IS 3C, I BELIEVE. IT READS: THE CITY AGREES [03:02:23] TO WORK IN GOOD FAITHFUL PRODUCERS TO CONSIDER THE LOT A OR OTHER [03:02:28] CITY FOR A BEER GARDEN ACTIVATED SOLELY DURING SUMMER CONCERT [03:02:33] EVENTS THIS PROVISION IS DEPENDENT ON APPROVAL CITY POLICE CHIEF [03:02:39] AND MANAGER APPROVAL AND IT WON'T BE REASONABLY WITHHELD. IT IS [03:02:44] PROVIDED IN THE STAFF REPORT THAT PROMOTERS ARE LOOKING TO [03:02:48] INCORPORATE THIS FOR DISCUSSION AND CONSIDERATION AND DECISION [03:02:51] TODAY. AS FAR AS THE ACTUAL ACTS THAT ARE BEING PROVIDED, ONCE [03:02:56] YOU SIGN UP THE TALENT, IT HAS ALWAYS BEEN TRADITIONALLY APPROVED [03:03:01] BY THE CITY MANAGER TO NOT COME BACK TO THE CITY COUNCIL FOR [03:03:05] APPROVAL. I'M OKAY WITH STAFF'S REPORT SAYING THIS IS SOMETHING [03:03:08] WE WANT TO CONSIDER INCLUDING THAT IN THE AGREEMENT. THE MOTION, [03:03:12] AS CURRENTLY DRAFTED OR CURRENTLY MADE, WOULD GIVE THAT [03:03:16] AUTHORIZATION TO STAFF WITH APPROVAL OF CITY POLICE CHIEF AND [03:03:20] CONSIDER THE MANAGERS TO APPROVE. 31 of 75 [03:03:23] COUNCIL CAN PROVIDE WHATEVER INPUT AND GUIDANCE AND CONCERNS [03:03:27] WE WANT TONIGHT. I FEEL UNCOMFORTABLE. WE ARE HERE IN APRIL AND [03:03:32] STAFF COME BACK TO US LATER ON AND PROVIDE DETAILS. THE ENTITY [03:03:39] HAS TO GO ON AND START PLANNING IT BACK IN JANUARY. I WOULDN'T [03:03:43] BE SUPPORTIVE COMING BACK IN JUNE OR JULY AND TALKING ABOUT [03:03:47] AUGUST CONCERTS. WE DON'T HAVE TIME TO DO IT. I MENTIONED WE [03:03:50] HAVE THE CONCERNS, AND I SHARE CONCERNS THAT COUNCILMEMBER MASSEY [03:03:55] RAISED. I SEE THIS AS AN OPPORTUNITY TO TRY OUT SOMETHING [03:03:58] DIFFERENT WITH THE UNDERSTANDING THERE IS CONCERN OF THE COUNCIL [03:04:01] AND GIVE IT A SHOT AT THE FIRST YEAR TO SEE HOW THAT WORKS OUT. [03:04:05] IF ANYTHING, IT WILL BE AMENABLE TO REVISING THE CONTRACT TO [03:04:10] LIMIT IT FIRST YEAR AND HAVE IT COME BACK BY CONSIDERATION FOR [03:04:13] FOLLOWING YEAR FOR NEXT SUMMER CONCERT OTHERWISE THE AGREEMENT [03:04:18] DRAFTED. I'M OKAY WITH SUPPORTING THE MOTIONS AND SUPPORTING THE [03:04:22] CONTRACT. [03:04:23] >> ALL RIGHT. [03:04:24] >> YEAH. MOTION STANDS AS READ. [03:04:25] >> OKAY. SO I TRUST STAFF TO WORK ON THIS WITH 5B. WE [03:04:33] KNOW WHAT A SUCCESSFUL BEER GARDEN LOOKS LIKE. THIS IS VERY [03:04:37] DIFFERENT THAN THE ASK FROM THE PREVIOUS PRODUCER OF SERVING [03:04:41] ALCOHOL ON THE BEACH, WHICH IS A MUCH BIGGER CONTEMPLATION. [03:04:45] STAFF OBVIOUSLY KNOWS WHAT IT IS LIKE TO RUN A SUCCESSFUL BEER [03:04:50] GARDEN, WHICH WE SEE AT THE FIESTA EVERY YEAR. YOU HAVE MY [03:04:54] SUPPORT. I WILL CALL THE QUESTION. ALL THOSE IN FAVOR SAY AYE. [03:04:59] >> AYE. [03:05:01] >> ALL THOSE OPPOSED? [03:05:02] >> NO. [03:05:03] >> ALL RIGHT. CONGRATULATIONS, 5B. WE LOOK FORWARD TO A [03:05:08] GREAT CONCERT SERIES IN THE SUMMER. [03:05:11] >> THANK YOU. [03:05:12] >> ITEM B, FEE WAIVER REQUEST. THE REPORT IS FROM THE [03:05:19] COMMUNITY RESOURCES MANAGER KELLY AORTA. [03:05:23] >> ALL RIGHT. YOU ARE UP, KELLY. [03:05:26] >> OKAY. ANNUALLY CITY MANAGES AND PLANS INDUCTION [03:05:32] CEREMONY THAT TAKES PLACE ON PIER PLAZA. -- [READING FROM TEXT], [03:06:00] WHICH HAS BEEN PROVIDED TO THE CITY AT NO ADDITIONAL COST. [03:06:05] SO ADDITIONAL EVENT DETAILS ON SURF FEST ARE INCLUDED IN [03:06:09] SPECIAL APPLICATIONS, WHICH IS INCLUDED IN YOUR STAFF REPORT AS [03:06:13] ATTACHMENT 1. FOR THIS PARTICULAR ITEM, SPIDER HAS REQUESTED FEE [03:06:18] WAIVERS CONSISTENT WITH PAST ACTION OF THE COUNCIL THAT DOES [03:06:22] INCLUDE 100% REDUCTION OF SPECIAL EVENT FEES AND 10% REDUCTION OF [03:06:29] IMPACT FEES. MOST RECENTLY AT CITY COUNCIL'S MARCH 12TH MEETING, [03:06:34] 50% FEE REDUCTION FOR VARIETY OF EVENTS AS STATED IN STAFF REPORT [03:06:41] IF SIMILAR ACTIONS APPLIED TO CURRENT FEE WAIVER REQUEST, IT [03:06:45] WOULD BE RESPONSIBLE FOR $5,856. THAT IS 15% FEE REDUCTION IN [03:06:53] TOTAL EVENT FEES. STAFF ASKS COUNCIL TO ADDITIONALLY CONSIDERED [03:06:58] SPIDERS -- WHICH INCLUDES THE PLACEMENT AND PURCHASE OF CHAIRS 32 of 75 [03:07:05] AND THE COORDINATION AND ASSISTANCE WITH RECEIVING AND GETTING [03:07:10] THE EVENT T-SHIRTS AND ART WORK FOR THE EVENT AS WELL AS USE OF [03:07:16] STAGE, WHICH I MENTIONED PREVIOUSLY THOSE ARE A FEW ENHANCEMENTS [03:07:21] AND PARTNERSHIP OPPORTUNITIES THEY HAVE EXTENDED TO OUR INDUCTION [03:07:25] CEREMONY. FURTHER CONSIDER ADDITIONAL FEE WAIVER CONSIDERATIONS [03:07:29] IT WOULD EQUATE TO HALF OF THE INFRASTRUCTURE COST THAT IN TOTAL [03:07:34] IS $4700. THEREFORE, ADDITIONAL REDUCTION OF FEES WOULD RESULT [03:07:41] IN $3,056 AND FEE REDUCTION OF -- FROM 1% SPECIAL FEE EVENT [03:07:54] CALCULATION. SO WE DO HAVE REPRESENTATIVES HERE FROM SPIDER [03:07:58] SURFBOARD HERE THIS EVENING AND IF YOU HAVE SPECIFIC QUESTIONS OF [03:08:02] THEM RELATED TO THE EVENT I'M UNABLE TO ANSWER. THAT CONCLUDES [03:08:06] MY REPORT UNLESS YOU HAVE ANY QUESTIONS. [03:08:08] >> DO MY COLLEAGUES HAVE ANY QUESTIONS? COUNCILMEMBER [03:08:13] DUCLOS? [03:08:14] >> THANK YOU, MADAM MAYOR. IN YOUR STAFF REPORT, YOU [03:08:18] MENTIONED THAT THE SUB-COMMITTEE THAT THE PARKS AND REC [03:08:26] COMMISSION FORMED LOOKING AT FEE STRUCTURE STUFF IS SUPPOSED TO [03:08:29] RETURN IT IS AT A COUPLE MONTHS. INTERPRET IT TO BE 2. DO WE [03:08:34] KNOW EXACTLY WHEN IT MIGHT HAPPEN? [03:08:36] >> WE HAVEN'T FORMALLY MAPPED IT OUT. WE HAVE SAT AND MET [03:08:40] TO DISCUSS FEE WAIVERS. WE ARE DOING A LITTLE OUTREACH ON TRYING [03:08:45] TO SEE IF THERE IS SIMILAR MODELS WE CAN POSSIBLY LOOK TO UPGRADE [03:08:50] OR UPDATE OUR POLICY WITH. [03:08:52] ALL THAT TO SAY THAT I WOULD ANTICIPATE 2 TO 3 MONTHS IS THE [03:08:56] TIMELINE WE ARE WORKING ON THAT IS TO COME BACK TO THE COUNCIL [03:09:00] AND IT WOULD INCLUDE COMING BACK TO THE COMMISSION FOR INPUT AS [03:09:04] WELL. WE LOOKED AT. [03:09:14] >> SHOWN HERE ARE THERE ANY OTHER AREAS THAT WE LOOKED AT [03:09:21] WHERE FEES MIGHT BE REDUCED IN STAFF'S MIND? FOR EXAMPLE, [03:09:26] REMOVING THE PARKING FEE FOR -- YOU KNOW, FROM SPACES THEY NEED. [03:09:33] >> YOU MEAN -- EXCUSE ME. YOU MEAN SPECIFIC TO THE SPIDER [03:09:40] EVENT? WE COULD. THOSE ARE INDIRECT COSTS WE COULD CONSIDER [03:09:44] THAT WE WERE TRYING TO BE CONSISTENT WITH THE COUNCIL'S RECENT [03:09:48] ACTION AND AS WELL AS TRYING TO PROVIDE ADDITIONAL FEE WAIVER [03:09:52] CONSIDERATIONS, WE COULD MONETIZE BASED ON SPIDERS. [03:09:57] >> I MENTION THAT ONE GIVEN THE FACT THIS SERVES OUR [03:10:01] BUSINESSES, SO IT SEEMED TO ME THAT -- THAT MIGHT BE WORTHY OF [03:10:08] CONSIDERATION. I -- WE CAN GET INTO THAT LATER. THAT IS ALL [03:10:15] FROM ME. THANK YOU, MADAM MAYOR. [03:10:17] >> ALL RIGHT. MADAM PRO TEM? [03:10:20] >> THANK YOU, MADAM MAYOR. THE QUESTION FOR KELLY, IT SAYS [03:10:26] AS OF 2016 FEE WAIVER HAS BEEN WAIVED FOR THIS EVENT. WHAT [03:10:35] HAPPENED BEFORE 2016? [03:10:37] >> IT DOESN'T APPEAR TO US THAT THEY -- PRIOR TO 2016 WE [03:10:41] DON'T HAVE SPECIAL EVENT POLICY THAT WOULD NOT IN TURN WE DIDN'T [03:10:45] HAVE A FEE WAIVER POLICY AT THAT POINT. IT WAS UNCLEAR WHETHER [03:10:50] ANY FEES WERE PAID BY SPIDER AT THAT POINT. I DON'T KNOW IF IT 33 of 75 [03:10:54] WAS ADMINISTRATIVELY WAIVED OR, YOU KNOW, UNFORTUNATELY THE ONLY [03:10:58] THING WE CAN ATTRIBUTE IS CREATED SPECIAL EVENT FOR THE POLICY [03:11:03] AROUND THAT TIME. [03:11:04] >> GOT IT. [03:11:05] >> WE ARE NOT SURE PROCEDURES THAT TOOK PLACE PRIOR. [03:11:08] >> THANK YOU. [03:11:09] >> DO WE HAVE ANY OTHER QUESTIONS? SEEING NONE. MADAM [03:11:14] CLERK, DO YOU HAVE ANY CARDS? NO. I WILL OPEN IT UP TO THE [03:11:18] PUBLIC FOR COMMENTS. [03:11:20] >> YANNI LANG, PARKS AND REC. COMMISSIONER, MAYOR, AND [03:11:29] ESTEEMED COUNCIL, I'M HERE TONIGHT TO REQUEST 100% FEE WAIVER -- [03:11:36] 10+ YEARS AGO SURFERS WALK OF FAME CONSISTED OF 50 FOLDER CHAIRS, [03:11:42] OUTDATED PA SYSTEM, ALOHA SHIRTS. SINCE SPIDER'S INVOLVEMENT, IT [03:11:50] HAS ELEVATED WITH A WORLD-CLASS STAGE AND SUPPORTED BY SURF [03:11:54] INDUSTRIES TOP VENDORS. IT HOSTS APPROXIMATELY 10,000 GUESTS [03:12:01] THROUGHOUT THE DAY THUS BECOMING ONE OF HERMOSA BEACH'S POPULAR [03:12:07] FAMILY-FRIENDLY EVENTS THAT IS RECOGNIZED WORLDWIDE. IT STOKES [03:12:12] OUT ENTIRE COMMUNITY BUT ALSO HAS SIGNIFICANT AND MEASURABLE [03:12:16] POSITIVE ECONOMIC BENEFITS ON DOWNTOWN HERMOSA FROM RETAIL DINING [03:12:23] BIKE RENTALS PLEASE KEEP IN MIND DURING THE MONTH OF APRIL 3RD OF [03:12:28] THE WORLD'S LARGEST FESTIVALS HAPPEN ONLY TWO HOURS AWAY. TWO [03:12:33] WEEKENDS OF COACHELLA ART AND MUSIC FESTIVAL, THEY SYPHON TOURISM [03:12:43] AND LOCALS AWAY FROM HERMOSA BEACH. THIS GIVES THEM A WAY TO [03:12:49] COME HERE DURING THIS COMPETITIVE TIME OF YEAR. I'M A SALES REP [03:12:54] WHO WORKS IN THE SURF INDUSTRY. THE INDUSTRY EXISTS IN A [03:12:59] SEPARATE BUBBLE. MIND YOU, THINGS HAVE GOTTEN BETTER. THE FACT [03:13:03] REMAINS THAT MOTHER NATURE IS IN CHARGE. WE HAD ONE OF THE [03:13:07] RAINIEST FIRST QUARTERS OF THE YEAR CREATING LOTS OF DIFFICULTY [03:13:11] FOR BEACH BUSINESS. IN CLOSING, SPIDERS GENEROSITY DOESN'T END [03:13:16] OR BEGIN WITH SURF FEST. THEY SPONSOR COUNTLESS COMMUNITY EVENTS [03:13:21] SUPPORTING YOUTH SOCCER, VOLLEYBALL. THIS EVENT IS THREE WEEKS [03:13:27] AWAY. SHORT NOTICE WITH BUDGETARY ADJUSTMENTS. IT IS A TRUE [03:13:32] COMMUNITY EFFORT THAT COULDN'T HAPPEN WITHOUT SUPPORT OF CITY [03:13:36] STAFF, HISTORICAL SOCIETY, SPIDER, AND YOU, THE CITY COUNCIL. AS [03:13:43] CHAIR OF THE SURFERS WALK OF FAME COMMUNITY, I'M ASKING YOU TO [03:13:48] GIVE WAIVERS FOR THIS YEAR'S SURF FESTIVAL. THANK YOU. [03:13:55] >> THANK YOU, YANNI. GOOD EVENING. [03:13:58] >> I'M RICHARD O'REILLY, A OWNER OF SPIDERS IN DOWNTOWN [03:14:08] HERMOSA. THANK YOU GUYS. YOU HAVE BEEN GOOD TO WORK ON THIS AND [03:14:12] COUNCIL HAS BEEN GREAT TO WORK ON IT. WE THINK IT IS A REALLY [03:14:15] IMPORTANT EVENT FOR THE CITY AND FOR BUSINESSES DOWNTOWN FOR THAT [03:14:19] DAY AND MORE FOR THE COMMUNITY. YOU KNOW, THE NUMBER OF KIDS [03:14:22] THAT HAVE BEEN ASKING ME SINCE JANUARY WHEN THIS WAS TELLS ME IT [03:14:26] IS IMPORTANT TO THOSE KIDS LOTS HAVE BEEN COMING SINCE THEY WERE [03:14:30] 5. NOW THEY ARE 15. IT IS YOUNG KIDS AND THEIR PARENTS AND [03:14:35] FAMILIES WE NEED SO MUCH MORE OF THAT ON THE PLAZA. I CAN'T [03:14:39] EXPRESS IT ENOUGH. YANNI TOUCHED ON IT A LITTLE BIT WE HAD THE 34 of 75 [03:14:45] WORST JANUARY AND FEBRUARY WE EXPERIENCED IN 22 YEARS DOWN THERE. [03:14:49] THANK GOODNESS WE HAD A DECENT MARCH. WE ARE IN THE RED ON THIS [03:14:54] WHOLE THING. WE DESPERATELY NEED MORE EVENTS LIKE THIS, FAMILY [03:14:58] AND KID FRIENDLY, THAT SEND THE MESSAGE TO MANHATTAN AND REDONDO [03:15:02] AND LA THAT THE PLAZA IS SOMEWHERE YOU WANT TO BRING YOUR KIDS [03:15:09] AND PARENTS AND FRIENDS AND SHOW IT OFF. IT SHOULD BE THE LITTLE [03:15:16] BEACON OF HERMOSA I THOUGHT WE WOULD INTEND IT TO BE. WE START [03:15:24] WORKING ON THIS IN JANUARY. IT COSTS US A TON OF TIME AND LEAN [03:15:28] ON OUR STAFF IN A HUGE WAY AND RELATIONSHIPS THAT GO BACK WITH [03:15:32] SURF INDUSTRY 30 YEARS. WE ARE LEANING ON THEM AND EXPECT THEM [03:15:37] TO SHOW UP IN A BIG WAY AND GIVE TONS OF STUFF WITH THOSE KIDS. [03:15:41] WE ARE JEOPARDIZING THE RELATIONSHIPS, ESPECIALLY TO THE TUNE OF [03:15:45] THREE WEEKS AWAY. $8500 TO US, IF YOU TOLD US THAT WAS THE COST [03:15:53] FOR THIS THING, WE COULDN'T DO IT. WE WOULD WALK AWAY. IT WOULD [03:15:57] MAKE US LOOK SILLY TO VENDORS AND DISAPPOINT TONS OF KIDS OUT [03:16:02] THERE AND TO THE COMMUNITY. I THINK THAT IS ALL I HAVE TO SAY. [03:16:07] WE ARE WILLING TO ANSWER ANY QUESTIONS AND HAPPY TO EXPLAIN WHY [03:16:11] IT COSTS US SO MUCH AND WHERE ALL OF THE FEES GO. MORE THAN [03:16:15] ANYTHING, JUST REALLY ASKING FOR YOUR SUPPORT ON IT. WE WANT TO [03:16:18] FEEL THIS IS SOMETHING WE ARE WORKING ON TOGETHER. WE FELT THAT [03:16:21] WAY FOR A LONG TIME WHEN WE HAVE TO COME UP HERE AND BEG FOR THIS [03:16:25] EVERY YEAR LIKE WE DO WITH A WHOLE DIFFERENT SET OF FEES NOT [03:16:29] KNOWING WHAT WE ARE ASKING FOR OR WHERE WE ARE GOING. IT IS [03:16:32] FRUSTRATING FOR US TO FIND A WAY TO FIGURE OUT HOW TO WORK ON IT [03:16:36] BETTER AND EXPLANATION FEES WE SHOULD LOOK AT FOR A CONSISTENT [03:16:41] BASIS, IT WOULD BE BETTER FOR ALL OF US. GOOD? [03:16:45] >> THANK YOU. THANK YOU, GUYS. [03:16:47] >> ALL RIGHT. ANYONE ELSE FOR PUBLIC COMMENT? GOOD [03:16:53] EVENING. [03:16:54] >> GOOD EVENING, MAYOR. I DIDN'T FILL OUT A CARD. PUNISH [03:16:59] ME LATER. I THINK THIS IS A HIGHLY ICONIC EVENT FOR THE CITY AND [03:17:10] VERY IMPORTANT. IT REALLY ESTABLISHES ONE OF THE REALLY NICE [03:17:14] THINGS ABOUT HERMOSA BEACH. I THINK IT SHOULD BE SUPPORTED, AND [03:17:18] I THINK WHERE SOMEONE IS NOT MAKING A DIRECT KILLING ON INCOME ON [03:17:25] THIS, THERE AUGHT TO BE A BREAK ON THE FEES. [03:17:28] I WOULD PERSONALLY ASK YOU TO SUPPORT WAIVING THE FEES AND [03:17:33] KEEPING THIS EVENT GOING IN SPITE OF SOME OF THE HARDSHIPS THAT [03:17:38] HAVE BEEN EXPRESSED FOR THIS YEAR. I THINK IT IS REALLY [03:17:42] IMPORTANT TO THE IMAGE OF THE CITY AND TO THE COMMUNITY IT [03:17:47] REPRESENTS. I HOPE YOU ALL WILL WAIVE THE FEE. THANK YOU. [03:17:50] >> THANK YOU, CRAIG. ANYONE ELSE FOR PUBLIC COMMENT ON [03:17:53] THIS ITEM? SEEING NO ONE. I WILL CLOSE PUBLIC COMMENT AND BRING [03:17:57] IT BACK UP TO THE DAIS. I AM HAPPY TO JUST MAYBE START OFF WITH [03:18:05] A QUICK DISCUSSION ON THIS. I VIEW THIS AS A PARTNERSHIP WITH [03:18:10] SPIDER TO PUT ON SURF FEST. IT IS AN IMPORTANT EVENT AND FREE [03:18:14] AND FREE ENTERTAINMENT. I DON'T SEE IT MUCH DIFFERENT THAN A [03:18:18] PARTNERSHIP WE WERE JUST TALKING ABOUT ON SUMMER CONCERTS EVEN WE 35 of 75 [03:18:23] ARE NOT CHARGING THEM TO USE OUR BEACH TO PROVIDE A FREE EVENT [03:18:28] AND ENTERTAINMENT FOR OUR RESIDENTS. THE FACT IT IS OPEN TO THE [03:18:33] PUBLIC AND GIVING SWAG AWAY TO EVERYONE, IT BRINGS PEOPLE TO [03:18:38] HERMOSA BEACH FOR A VERY POSITIVE EVENT. I WOULD SUPPORT A FULL [03:18:43] FEE WAIVER. I WILL LOOK TO MY COLLEAGUES FOR MORE DISCUSSION ON [03:18:46] THIS ITEM. YES, MAYOR PRO TEM? [03:18:49] >> I'M HAPPY TO ADD TO THAT. I WANT TO START BY SAYING [03:18:53] THAT I'M ACTUALLY VERY APPRECIATIVE THAT THE CITY IS TAKING ON [03:18:58] THE TASK OF LOOKING AT ALL PERMITS AND EVENTS AND CONSISTENCY [03:19:03] WITH WHICH WE ARE TREATING THE CONSIDERATIONS. WE HAD A FEW [03:19:06] RECENTLY THAT YOU MENTIONED LAST MONTH. I'M KIND OF TROUBLED BY [03:19:13] QUICK DECISIONS RIGHT NOW BECAUSE I KEEP THINKING ALL THESE [03:19:17] EVENTS ARE NOT ALIKE WE NEED A NUANCED APPROACH TO LOOK AT VALUE [03:19:25] OF CONTRIBUTIONS THAT COME OUT OF THE EVENTS FOR THE CITY. I [03:19:30] THINK THE TIMELINE IS TOO SHORT TO INTRODUCE THIS NOW WITHOUT AN [03:19:34] OPPORTUNITY OF A LONG-TERM PARTNERSHIP TO PLAN AHEAD FOR THE [03:19:38] BUDGET CONSIDERATIONS THAT MAY BE IN THE FUTURE. [03:19:42] I'M LOOKING FORWARD TO THAT CONVERSATION WHEN WE GET TO THAT [03:19:46] PLACE. I SUPPORT A FULL FEE WAIVER THIS YEAR. THANK YOU. [03:19:51] >> COUNCILMEMBER DUCLOS? [03:19:54] >> THANK YOU, MADAM MAYOR. I KNOW IT WAS SUGGESTED? SOME [03:20:00] CORRESPONDENCE THAT THIS EVENT SHOULD BE A CITY-SPONSORED EVENT. [03:20:11] I AGREE. UNFORTUNATELY, WE DON'T HAVE THE CAPACITY TO PRODUCE [03:20:15] EVENTS. [03:20:16] IF WE DID, WE COULDN'T COME UP WITH A BETTER EVENT THAN THIS [03:20:21] ONE. WHEN I LOOK AT, FOR EXAMPLE, THE GENERAL PLAN CONSISTENCY, [03:20:25] IT SAYS COMMUNITY FRIENDLY EVENT, BUT THIS IS REALLY MUCH, MUCH [03:20:30] MORE THAN THAT. I MEAN, THIS IS AN EVENT THAT HAS A SENSE OF [03:20:34] AUTHENTICITY IN TERMS OF WHO WE ARE AS A CITY. THIS IS ABOUT [03:20:39] SORT OF OUR HERITAGE AS A CITY, AND THIS IS ABOUT THE THING THAT [03:20:43] MAKES US UNIQUE. WHAT MORE DO YOU WANT IN A COMMUNITY EVENT THAT [03:20:48] THE COMMUNITY EMBRACES AND PUTS ON? YOU KNOW, I HAVE TO SAY THAT [03:20:56] I'M DISAPPOINTED THAT THE CHAMBER WOULDN'T STEP UP AND CONTRIBUTE [03:21:02] IN SOME WAY TO AN EVENT THAT IS MORE AUTHENTIC THAN ANYTHING THAT [03:21:06] THEY PRODUCE. [03:21:07] YOU KNOW, WHICH DEALS WITH THEIR BUSINESSES. I THINK THAT [03:21:12] IS ALSO UNFORTUNATE. WHEN THAT HAPPENS, THE DEFAULT IS IT COMES [03:21:17] BACK TO THE CITY. [03:21:18] YOU KNOW, WE HAD THIS CONVERSATION EARLIER AND RENEWED [03:21:22] REALITY IS THAT WE CANNOT JUST BLANK -- YOU KNOW, DO WRITE A [03:21:28] BLANK CHECK AND JUST NOT CHARGE FOR THE SERVICES AND THE THINGS [03:21:33] THAT WE PROVIDE ANYMORE. WE HAVE TO COME UP WITH A NEW [03:21:37] STRUCTURE. ALL OF THAT SAID, THIS EVENT, SEEING THE WAY IT HAS [03:21:47] -- THOSE OF US THAT HAD THE OPPORTUNITY TO SEE IT EVOLVE FROM THE [03:21:51] FOLDING CHAIRS TO WHAT IT IS NOW, IT IS -- IT IS REALLY -- IT IS [03:21:55] IMPORTANT. IT IS UNIQUE. IT HAS SIGNIFICANT VALUE AND ECONOMIC [03:22:02] AND CULTURALLY AND OUR REPUTATION AS A CITY ACROSS THE BOARD. 36 of 75 [03:22:11] I'M IN FAVOR IN THIS INSTANCE OF WAIVING FEES. IT IS DIFFERENT [03:22:15] THAN ANY OTHER EVENTS WE HAVE IN TERMS OF ITS SUCCESS IS [03:22:19] IMPORTANT TO OUR SUCCESS AS A CITY. THEREFORE, I WILL BE [03:22:23] SUPPORTING THE WAIVER. THANK YOU, MADAM MAYOR. [03:22:27] >> ALL RIGHT. WELL SAID, COUNCILMEMBER MASSEY. [03:22:31] >> I THINK IT IS IMPORTANT TO BE CONSISTENT WITH THE WAY WE [03:22:35] HANDLED OTHER EVENTS. OUR COSTS OF THE CITY ARE GOING UP. WE [03:22:43] HAVE TO MAKE SURE THAT WE ARE GETTING APPROPRIATE VALUE FOR THE [03:22:47] USE OF OUR PUBLIC SPACES. MERIT OF THIS EVENT IS NOT AT ALL THE [03:22:52] ISSUE LIKE IT WASN'T WITH HEARTS OF HERMOSA BUT WHETHER THE CITY [03:22:57] CAN AFFORD IT AT THIS PARTICULAR POINT IN TIME. FOR THAT REASON, [03:23:01] I THINK IT IS IMPORTANT TO BE A CONSISTENT 50/50 PARTNERSHIP AND [03:23:07] FEE WAIVER. THAT IS WHAT I WILL SUPPORT. I WON'T SUPPORT THE [03:23:12] MOTION. I WILL MAKE A POINT WE NEED TO STRAIGHTEN OUT OUR FEE [03:23:17] WAIVER POLICY. WE NEED TO DO IT SOON. WE NEED TO LET THESE [03:23:22] FOLKS KNOW LIKE DICKY MENTIONED EXACTLY WHAT THEY CAN EXPECT IN [03:23:26] TERMS OF WHAT THEIR COSTS WILL BE AND WHETHER OR NOT THEY ARE [03:23:30] LIKELY TO GET THEIR FEE WAIVER GRANTED. THAT GOES FOR SURF FEST [03:23:34] AND EASTER SUNRISE SERVICE AND EASTER EGG HUNTS AND HEARTS OF [03:23:40] HERMOSA AND EVERYBODY THAT APPLIES FOR FEE WAIVER TO USE PUBLIC [03:23:45] SPACE IN THE CITY OF HERMOSA BEACH. THANK YOU, MADAM MAYOR. [03:23:49] >> COUNCILMEMBER FANGARY? [03:23:52] >> THANK YOU, MADAM MAYOR. I LOVE THIS EVENT AND ACTIVITY [03:23:56] AND VIBE THAT IT HAS. I KNOW THEY MENTIONED THE KIDS BEING OUT [03:24:00] THERE, HUNDREDS OF KIDS OUT THERE THE ENTIRE DAY. IT IS AN [03:24:03] AMAZING EVENT AND BRAND FOR HERMOSA BEACH, ABSOLUTELY. I REALLY [03:24:09] ENJOY IT. I HAVE BEEN ALWAYS CONSISTENTLY SUPPORTIVE OF THE FEE [03:24:16] WAIVER. AS COUNCILMEMBER MASSEY MENTIONED, WE STARTED A TREND [03:24:22] THIS YEAR TELLING PEOPLE WE HAVE TO DO THINGS DIFFERENTLY AND PUT [03:24:26] A SYSTEM IN PLACE WHERE VARIOUS APPLICATIONS ARE ADDRESSED. WE [03:24:30] STARTED LAST MEETING OR TWO MEETINGS AGO. THIS YEAR, WE WILL GO [03:24:34] FOR 50% WAIVER UNTIL WE GET THINGS FIGURED OUT AND HAVE SPECIFIC [03:24:39] CATEGORIES. LOOKING AT STAFF RECOMMENDATION FOR 50% WAIVER WOULD [03:24:44] HAVE BEEN MY RECOMMENDATION AND WOULD HAVE RESULTED IN A COST OF [03:24:56] [INDISCERNIBLE]. THAT IS MY SUPPORT. I UNDERSTAND THE THREE [03:25:01] COLLEAGUES TO THE RIGHT SUPPORTING THE ENTIRE WAIVER. IT IS [03:25:04] INCREDIBLE BRANDING FOR THE CITY OF HERMOSA BEACH, AND I LOVE [03:25:09] WHAT SPIDER HAS DONE OVER THE YEARS TO GET THE EVENT TO FLOURISH [03:25:13] AND BE NICER AND BIGGER AND MORE SUCCESSFUL EVERY YEAR TO BE [03:25:17] CONSISTENT WITH OTHER PEOPLE BEFORE US. IT PUTS COUNCIL IN A [03:25:22] DIFFICULT POSITION WHEN COME IN AND WANT 100% WAIVER. THE NEXT [03:25:27] PERSON THAT COMES IN, WELL, AM I NOT GOOD ENOUGH? WHY ARE YOU [03:25:31] NOT GIVING ME A FAIR TREATMENT? IT PUTS US IN A DIFFICULT [03:25:36] POSITION. WE ASKED OUR STAFF TO LOOK INTO IT AND HOPEFULLY LATER [03:25:40] THIS YEAR WHEN EVENTS ARE 2020 COMING AROUND, WE WILL HAVE A [03:25:44] BETTER SYSTEM. IN THE MEANTIME, STARTED PROCESS DOING 50% UNTIL [03:25:50] MEANTIME UNTIL WE FIGURE IT OUT. 50% WAIVER AND PAYMENT OF 3506. 37 of 75 [03:25:57] UNFORTUNATELY, IT IS NOT 0 BUT REASONABLE AMOUNT TO BEAR SOME OF [03:26:02] THE CITY'S COSTS. I WOULD HAVE BEEN SUPPORTIVE OF STAFF [03:26:07] RECOMMENDATION. THREE OF MY COLLEAGUES ARE WILLING TO PUT 100% [03:26:11] WAIVER. I HAVE A FEELING THIS IS WHERE IT WILL GO. THANK YOU, [03:26:16] MADAM MAYOR. [03:26:17] >> THANK YOU. JUST TO SEEK CLARIFICATION FROM COLLEAGUES [03:26:21] AND STAFF AS WELL, IT IS A CONTEMPLATION OF FEE WAIVER AND COST [03:26:25] WAIVER SEPARATELY OR 50% OF THE SOUND STAGE WAS RECOMMENDED IN [03:26:33] THE STAFF REPORT AS A WAIVER OR CONTRIBUTION TO THE COST OR HOW [03:26:38] WOULD WE INTERPRET THAT? [03:26:40] >> RIGHT. COST OF THE STAGE, WHICH IS $4700 REGARDLESS. [03:26:45] THAT IS NOT A COST THAT THEY HAVE GIVEN TO THE CITY. THEY [03:26:49] PROVIDE THAT FOR SURF FESTIVAL AND ALLOW THE CITY TO -- WHAT [03:26:55] STAFF IS CONTEMPLATING IN THE STAFF REPORT IS IN ADDITION TO THE [03:27:00] 50% FEE WAIVER CONSISTENT WITH RECENT ACTION OF COUNCIL [03:27:06] CONSIDERING ESSENTIALLY ADDITIONAL FEE WAIVER OR REDUCTION OF 50% [03:27:13] OF THE COST OF THE STAGE SINCE IT IS A SHARED INFRASTRUCTURE [03:27:17] SPIDER IS PROVIDING TO THE CITY THAT WOULD RESULT IN THE 3,500 [03:27:24] DOLLAR AMOUNT. [03:27:25] >> OKAY. TO BE CLEAR, I'M FULLY SUPPORTIVE OF THE 100% FEE [03:27:30] WAIVER TO THE EXTENT THAT WE -- YOU CAN'T WAIVE 100% OF THE FEES. [03:27:36] SOME, THEY HAVE TO PAY $378. I'M IN SUPPORT OF PAYING HALF OF [03:27:42] THE COST OF THE STAGE, SO -- [03:27:44] >> IN ADDITION? [03:27:46] >> I WILL LOOK TO MY COLLEAGUES FOR -- [03:27:51] >> IS THAT EVEN BEFORE US IN THE STAFF REPORT? [03:27:54] >> YES. [03:27:55] >> MADAM CITY MANAGER? [03:27:59] >> IF I MIGHT TRY TO CLARIFY FOR THAT, SPIDER HASN'T ASKED [03:28:03] US TO PAY FOR THE COST OF THE STAGE. WHAT STAFF DID IN THE STAFF [03:28:08] REPORT IS TAKE INTO CONSIDERATION THE VALUE OF THE OFFER TO US. [03:28:13] THEY ALLOW US TO USE THE STAGE. WE DETERMINE THE VALUE OF THAT [03:28:17] SHOULD BE DEDUCTED FROM THE FEES. [03:28:23] >> OH, GOT IT. WE ARE TALKING ABOUT FEE WAIVERS AND THAT [03:28:28] IS WHAT WE VOTE ON. I WILL LOOK TO SOMEONE TO MAKE THE MOTION. [03:28:31] >> MADAM MAYOR, I MOVE THAT CITY COUNCIL -- I MOVE THAT WE [03:28:40] WAIVE THE EVENT FEES FOR THE SPIDER SURFBOARD FOR SURF FEST ON [03:28:48] SATURDAY, APRIL 27TH. [03:28:50] >> DO WE HAVE A SECOND? [03:28:52] >> SECOND. [03:28:54] >> MADAM MAYOR, JUST FOR CLARIFICATION. [03:28:56] >> YES. [03:28:57] >> TABLE 1 CHARACTERIZES A CERTAIN CATEGORY OF FEES AS [03:29:01] SPECIAL EVENT FEES AND SECOND CATEGORY IS IMPACT FEES. JUST FOR [03:29:06] PURPOSES OF CLARITY ON THE MOTION, IF YOU ARE CARVING OUT ONE OF [03:29:10] THOSE, THAT IS PERFECTLY FINE, BUT I WANTED YOU TO BE AWARE OF [03:29:13] THAT. 38 of 75 [03:29:14] >> SO IN THE MOTION, WE ARE WAIVING BOTH APPARENTLY? [03:29:17] >> EXCEPT FOR THE APPICATION. [03:29:19] >> IS THAT HOW WE ARE INTERPRETING IT? [03:29:22] >> SPECIAL EVENT FEES AND 10% OF THE IMPACT FEES. AM I [03:29:29] UNDERSTANDING THAT RIGHT? [03:29:30] >> HOW YOU JUST DESCRIBED IT IS WHAT THE FEE WAIVER POLICY. [03:29:34] >> I WOULD AMEND MY MOTION TO THAT. [03:29:38] >> SO FOR CLARITY, IT WOULD BE THAT FINAL COLUMN IN TABLE [03:29:42] 1, WHICH WOULD MEAN THAT SPIDER WOULD BE REQUIRED TO PAY $378. [03:29:50] >> YEAH. [03:29:51] >> OKAY. [03:29:53] >> AGREE. [03:29:54] >> ALL RIGHT. SO ALL THOSE IN FAVOR? [03:29:57] >> AYE. [03:29:58] >> OPPOSED? [03:29:59] >> NO. [03:30:00] >> NO. [03:30:04] >> OKAY. MADAM CLERK? [03:30:06] >> ITEM 6C WAS REMOVED FROM THE AGENDA AND WILL BE ON THE [03:30:11] APRIL 23RD MEETING. ITEM 6D, APPROVAL TO INVESTIGATE THE [03:30:19] FEASIBILITY OF NORTH FRANCISCA AVENUE FOR HER ON THE DRAIN STORM [03:30:25] WATER INFILTRATION PROJECT. THE PROJECT IS FROM ENVIRONMENTAL [03:30:31] ANALYST CHRISTIE MORRIS AND SUPPLEMENTAL E-MAIL FROM DAVE AND [03:30:38] FROM PETER TUCKER. THEY WERE RECEIVED TODAY. [03:30:42] >> GOOD EVENING, MADAM MAYOR AND CITY COUNCIL. I WILL GET [03:30:48] STARTED. AT THE LAST MEETING, MARCH 26TH, CITY COUNCIL [03:30:53] CONSIDERED ON [INDISCERNIBLE] HERMOSA GREENBELT INFILTRATION [03:30:57] PROJECT AND DISCUSSED HOW WE COULD ACHIEVE COMPLIANCE WITH [03:31:02] DEADLINES AND MANAGEMENT PROGRAM AND MAINTAIN -- GRANT FUNDING. [03:31:10] STAFF PRESENTED THE FOLLOWING OPTIONS TO CITY COUNCIL FOR [03:31:16] CONSIDERATION ONE IS EXISTING PROJECT EXISTING GREENBELT LOCATION [03:31:19] AND SECOND PROCEEDING WITH PROJECT AT ALTERNATIVE LOCATION WITHIN [03:31:24] CITY'S JURISDICTION -- OR THIRD OPTION WAS INITIATING A [03:31:30] DISSOLUTION OR AMENDMENT AT MOU AND NEGOTIATE A SUITABLE [03:31:37] SUBSTITUTE OR REVISE MOU WITH REDONDO AND MANHATTAN BEACH ON THIS [03:31:45] CURRENT MOU OR -- THESE OPTIONS WERE OUTLINED PRIOR TO CITY [03:31:55] COUNCIL RECEIVING A LETTER AT 5:00 P.M. FROM BILL GRAND, WHO [03:32:03] AUTHORIZED THE CITY -- THIS IS AN ALTERNATIVE LOCATION FOR THE [03:32:09] PROJECT AFTER SIGNIFICANT DISCUSSION AND COMMUNITY FEEDBACK [03:32:13] COUNCIL APPROVED INITIATING AMENDMENT -- MOU FOR COST SHARING FOR [03:32:20] PROJECT DISDAIN OF THE PROJECT SPECIFICALLY NOT CONSTRUCTION AND [03:32:24] NEGOTIATE A SUITABLE SUBSTITUTE OR REVISED MOU IN PROJECT WITH [03:32:29] THE CITY PARTNERS. FOLLOWING THE MEETING STAFF CONVENED -- STAFF [03:32:37] DIRECTION AND HOW TO PROCEED WITH INVESTIGATING FEASIBILITY OF [03:32:41] NORTH FRANCISCA AVENUE IN REDONDO BEACH. EXPLORING THE [03:32:47] FEASIBILITY OF THE SITE. SCC IS CURRENTLY MOST EXPEDITIOUS WAY [03:32:52] TO MEET COMPLIANCE DEADLINES AND MAINTAIN GRANT FUNDING. 39 of 75 [03:32:58] STIPULATED THIS CITY WOULD HAVE TO BE FULLY FUNDED IN THE CITY OF [03:33:03] HERMOSA BEACH AND ONCE THE SITE IS DETERMINED TO BE FEASIBLE. [03:33:08] MARCH 29TH, CITY NOTIFIED STATE BOARD GROUP INVESTIGATE [03:33:15] FEASIBILITY AND DEVELOP PROJECT AND STATE BOARD WAS SUPPORTIVE OF [03:33:20] THIS DIRECTION -- COST PROPOSAL FOR ADDITIONAL SERVICES. [03:33:34] [READING FROM TEXT]. [03:33:36] PREVIOUS SITE INVESTIGATIONS AT GREENBELT LOCATION INCLUDING [03:33:41] G TECHNICAL ANALYSIS AND UTILITIES RESEARCH INDICATE NORTH [03:33:48] FRANCESCA AVENUE IS A FEASIBLE LOCATION. THERE ARE CONCERNS [03:33:51] REGARDING REALIGNMENT PLANS BROUGHT UP BY REDONDO BEACH STAFF AND [03:33:57] NUMBER OF UTILITIES TO BE NAVIGATED AND SOLE CONTAMINATION. WE [03:34:06] HAVEN'T CONFIRMED ANY CONTAMINATION UNDER FRANCISCA STREET SITE. [03:34:16] [READING FROM TEXT]. AGREEMENT WITH THE CITY AND CITY TO FUND [03:34:22] THIS INVESTIGATION UP TO AMOUNT OF -- STAFF RECOMMENDS TETRA TECH [03:34:29] ADDRESS PREVIOUSLY IDENTIFIED CONCERNS IMMEDIATELY SUCH AS SITE [03:34:36] CONTAMINATION AND UTILITIES AND PROCEED THROUGH ITERATIVE PROCESS [03:34:41] WHERE ONCE CONSENTS ARE ADDRESSED MOVE ON TO THE NEXT SET OF [03:34:46] TASKS IF IN THE BIT OF WORK. IF THIS SITE IS DETERMINED TO [03:34:51] INFEASIBLE, WORK WOULD BE DISCONTINUED IMMEDIATELY. THAT [03:34:54] CONCLUDED MY STAFF REPORT. [03:35:00] >> THANK YOU, CHRISTIE. LOOKING TO MY COLLEAGUES FOR [03:35:04] QUESTIONS YOU MAY HAVE RIGHT NOW. YEAH. MAYOR PRO TEM. [03:35:08] >> THANK YOU, MADAM MAYOR. [03:35:17] >> I RECALLED THIS WHILE WE CONSIDER THE POSSIBLE NEW SITE [03:35:21] IN REDONDO, WE WOULD CONTINUE TO CONSIDER SITES IN HERMOSA IN [03:35:29] CASE WE STILL NEED THAT. WHAT DOES THAT REQUIRE US TO DO RIGHT [03:35:32] NOW AT THIS POINT? I KNOW WE HAD SEVERAL SITES WHERE WE HAD A [03:35:37] SENSE OF THEIR VIABILITY. DO WE NEED TO DO ANYTHING FURTHER IN [03:35:40] ADDITION TO WHAT IS GOING ON IN FRANCISCA TO CONSIDER SITES IN [03:35:46] HERMOSA THAT MIGHT COME BACK ON THE TABLE? [03:35:50] >> INITIAL EXPLORATION WOULD BE TO SEE IF WE COULD SITE THE [03:35:55] WHOLE PROJECT IN FRANCISCA STREET. IF FEASIBLE WE WOULD DO SOIL [03:36:01] BORINGS TO LOOK AT POTENTIAL SOIL CONTAMINATION AND POT HOLING TO [03:36:05] LOOK AT UTILITIES UNDERNEATH THE STREET AT 10 DIFFERENT LOCATIONS [03:36:10] ONCE THAT IS DONE. THAT IS THE FIRST STEPS AND DETERMINE IT WAS [03:36:14] FEASIBLE TO DO A PROJECT, THERE WE WOULD HAVE TO DETERMINE IF WE [03:36:17] COULD DO A WHOLE PROJECT THERE IF PROJECT COULD BE SITED THERE WE [03:36:22] WOULD THEN GO INTO THE DESIGN PROCESS BEFORE THAT HAPPENED WE [03:36:25] WOULD GO BACK TO RESPECTIVE COUNCILS AND AMENDING MOU AND LOOK TO [03:36:32] COST SHARE ADDITIONAL DESIGN OF COSTS BEING PRESENTED TO US BY [03:36:36] TETRA TECH CITY WOULD PAY FOR FEASIBILITY PORTION AND CITY [03:36:42] UNDERSTANDS ADDITIONAL DESIGN COST FORMULA AND REDISTRIBUTE THOSE [03:36:48] IN SAME WAY THAT WE HAVE DONE PREVIOUSLY. WITH THAT PROCESS, [03:36:53] GOING INTO DESIGN, THIS IS A CEQA PROCESS. WITHIN THAT, THAT [03:36:58] REQUIRES US TO LOOK AT ALTERNATIVE SITES. ALTERNATIVE SITES ONCE [03:37:03] WE ALREADY EXPLORED IN HERMOSA BEACH. AT THAT TIME, WE WOULD [03:37:10] DETERMINE WHAT SIZE WE WOULD NEED AND UNDERSTAND WHAT SIZE OF 40 of 75 [03:37:14] PROJECT COULD BE UNDER FRANCISCA AND WHAT REMAINING PROJECT SIZE [03:37:19] WOULD NEED TO BE TO BETTER INFORM LOCATIONS IF IN HERMOSA BEACH [03:37:23] AND ONES WE HAVEN'T LOOKED AT PREVIOUSLY TO BE A SMALLER PROJECT. [03:37:28] >> I'M HEARING IT IS ITERATIVE. NOTHING WILL BE NEEDED [03:37:32] UNTIL WE HAVE A DECISION POINT SOMEWHERE IN THE PROCESS OF [03:37:35] CONSIDERING REDONDO BEACH SITE, AND WE WILL PIVOT ACCORDINGLY. [03:37:40] ALL RIGHT. THANK YOU. [03:37:41] >> ALL RIGHT. DO WE HAVE ANY -- COUNCILMEMBER DUCLOS? [03:37:45] >> THANK YOU, MADAM MAYOR. SOME CORRESPONDENCE WE [03:37:51] RECEIVED, THE ISSUE CAME UP. THE ISSUE OF CONTAMINATION THAT WAS [03:37:59] NOT SPECIFIED OR DIDN'T FEEL IT WAS SPECIFIED ENOUGH. [03:38:04] THERE WAS SUGGESTION OF REALIGNMENT OF THE STREET IN [03:38:09] FRANCISCA. DID YOU WANT TO SPEAK TO THAT? I DIDN'T SEE IT. [03:38:13] MAYBE THERE WAS AN ANSWER TO IT. [03:38:16] >> YEAH. AS I MENTIONED IN THE STAFF REPORT REGARDING [03:38:19] CONTAMINATION, IT IS SPECULATIVE BASED ON THE FACT THIS KNOWN [03:38:24] AREAS ON AAS SITE WHERE THERE HAS BEEN CONTAMINANTS OF CONCERN [03:38:29] IDENTIFIED IN THE TOP SOIL. WE WOULD WANT TO ESTABLISH THAT [03:38:32] THERE IS NO CONTAMINANTS OF CONCERN UNDERNEATH FRANCISCA STREET. [03:38:37] YOU WOULD GO IN INITIALLY AND DO SOIL BORINGS ALONG THE STREET TO [03:38:42] LOOK AT THE SOILS. THE OTHER QUESTION YOU HAD REGARDING [03:38:46] REALIGNMENT OF STREETS WHEN WE FIRST WENT AND MET WITH REDONDO [03:38:52] BEACH STAFF TO DISCUSS IS THIS POTENTIAL SITE FOR PROJECT INITIAL [03:38:57] RESPONSE TO US WAS STREET WE ARE LOOKING AT POTENTIALLY [03:39:01] REALIGNING IN DIFFERENT DIRECTION IN SUBSEQUENT DISCUSSIONS IF [03:39:05] THIS IS SOMETHING THAT MOVES FORWARD. THEY DON'T HAVE MEDIATE [03:39:09] PLANS FOR THAT. IT IS SOMETHING THEY HAD BEEN DISCUSSING. [03:39:12] IF THIS PROCEEDS THAT PROCESS, THEY COULD WORK WITH IT. [03:39:16] THEN THE OTHER CONCERN THAT CAME UP WAS THE UTILITIES. WE WOULD [03:39:20] NEED TO UNDERSTAND. WE KNOW THERE IS A LOT OF UTILITIES UNDER [03:39:24] THAT STREET, AND WE NEED TO IDENTIFY THE LOCATIONS AND IF WE [03:39:27] COULD BUILD THE PROJECT AROUND THE UTILITIES. WE KNEW THAT THERE [03:39:31] WERE A LARGE NUMBER OF UTILITIES UNDER THE GREENBELT LOCATION AND [03:39:38] THAT WAS SOMETHING THAT CAN BE BUILT AROUND. IT IS NOT A STOP [03:39:45] FOR THE PROJECT. IT MEANS YOU HAVE TO BE A LITTLE BIT MORE [03:39:49] CREATIVE WITH THE DESIGN. THEY CAN DEFINITELY BE NAVIGATED. [03:39:53] WITH THAT SAID, THEY MAY THEN RESTRICT THE SIZE OF THE PROJECT IF [03:39:57] WE HAVE TO DO SOME EXTRAORDINARY DESIGNS. POTHOLING WOULD BE [03:40:08] SECOND STEP IN FEASIBILITY AND POTHOLES ALONG THE STREET AND [03:40:14] IDENTIFY THE UTILITIES AND DEPTH OF THEM. [03:40:17] >> THANK YOU, MADAM MAYOR. [03:40:20] >> ALL RIGHT. ANY OTHER QUESTIONS? YES, COUNCILMEMBER [03:40:25] FANGARY? [03:40:26] >> THANK YOU, MADAM MAYOR. DO WE KNOW HOW MUCH MONEY WAS [03:40:30] SPENT IN EVALUATING WHETHER OR NOT THE GREENBELT WAS A VIABLE [03:40:34] OPTION BEFORE THE DESIGN FOR PROJECT ON GREENBELT WAS PUT [03:40:38] TOGETHER. 41 of 75 [03:40:39] >> YEAH. IT WAS IN THE PREVIOUS STAFF REPORT THAT IS [03:40:42] REFERENCED IN THE STAFF REPORT $232,000, APPROXIMATELY. [03:40:46] >> I THINK -- IF I UNDERSTAND THE NUMBER CORRECTLY, THAT IS [03:40:49] NOT MY QUESTION. THE QUESTION IS BEFORE, GO BACK 2015 WHEN [03:40:54] GREENBELT LOCATION WAS PROPOSED AND COUNCIL APPROVED THE RIGHT [03:40:59] LOCATION WE DID THE DESIGN. BEFORE 2015, DO WE KNOW HOW MUCH [03:41:03] MONEY WAS SPENT BY. [03:41:05] >> YES. [03:41:06] >> I THINK IT WAS [INDISCERNIBLE] AT THE TIME TO DETERMINE [03:41:08] THAT THE GREENBELT WAS A VIABLE OPTION AND GO AHEAD AND DO THE [03:41:13] DESIGN. [03:41:14] >> I CAN LOOK IT UP. I DON'T HAVE IT WITH ME. [03:41:17] >> OKAY. 230,000 WAS ACTUAL DESIGN WORK SPENT BY TETRA [03:41:22] TECH AFTER 2015. [03:41:24] >> EXACTLY. [03:41:25] >> OKAY. WE ARE NOT TRYING TO DO THAT HERE AND DECIDE [03:41:29] WHETHER OR NOT STREET IS VIABLE PROJECT FOR THE SITE AND FULLY [03:41:34] DESIGN IT. [03:41:35] >> NOT AT THIS STAGE ITERATIVE PROCESS. [03:41:37] >> RIGHT. [03:41:38] >> IF WE DETERMINE WE HAVE A PROJECT ON THAT STREET, WE [03:41:42] WOULD NEED TO LOOK AT ADDITIONAL DESIGN COSTS THERE WILL BE [03:41:46] ADDITIONAL ENGINEERING SHEETS AND DESIGN AND HOW WE COST SHARE [03:41:53] THOSE WE HAVE FINALLY BEEN TALKING ON A STAFF LEVEL. ON A STAFF [03:41:58] LEVEL THEY SUGGESTED WE CAN GO BACK TO MOU AND LOOK AT COST [03:42:03] SHARING FORMULA CURRENTLY IN MOU AND USE IT FOR ADDITIONAL DESIGN [03:42:07] COSTS. THAT IS SOMETHING WE NEED TO GO TO ALL OF THE CITY [03:42:11] COUNCILS AND DISCUSS. [03:42:15] >> OKAY. IF WE PROCEED TONIGHT WITH STAFF'S RECOMMENDATION [03:42:19] TO GET WORK DONE AND SPEND 160,000 TO DO EVALUATION AND [03:42:24] EVALUATION COMES BACK AND SAYS THIS STREET CAN WORK. THIS IS [03:42:28] WHAT YOU DO AS FAR AS UTILITIES. IT IS DOABLE. GO BACK TO [03:42:33] REDONDO BEACH. THIS IS GREAT. WE WILL START WORKING ON THE [03:42:38] PROJECT. REDONDO COMES BACK. WE CHANGED OUR MIND. WE DON'T [03:42:43] WANT TO DO IT. IT IMPACTS RESIDENTS. WHAT ASSURANCES DO WE HAVE [03:42:49] AFTER WE SPEND 160,000 TO EVALUATE STREET AND COMES BACK [03:42:54] POSITIVE? STREET CAN BE USED FOR PROJECT THAT REDONDO BEACH [03:42:59] WOULD BE AMENABLE TO IT. [03:43:01] >> I THINK BASED ON COUNCIL'S DIRECTION FROM LAST MEETING, [03:43:05] WE HAVE MOU. CURRENTLY, IT WOULD TAKE A MONTH AND A HALF OR [03:43:16] TWO MONTHS TO RUN IT THROUGH THE CITY COUNCILS. WE WOULD [03:43:20] STRAIGHT AWAY START THE PROCESS OF AMENDING MOU TO TAKE INTO [03:43:27] ACCOUNT HERMOSA BEACH WOULD BE DOING ALL OF THE PAYMENT FOR THE [03:43:32] FEASIBILITY STUDY. WE WOULD KNOW EARLY ON TOO IF WE CAN ALSO DO [03:43:38] COST SHARE ADDITIONAL DESIGN COST IF IT IS DETERMINED TO BE A [03:43:43] FEASIBLE LOCATION. THAT IS SOMETHING WE WOULD START STRAIGHT [03:43:46] AWAY THAT IS AMENDED MOU WITH RESPECTED CITY COUNCILS. 42 of 75 [03:43:52] >> HOW CAN WE PROPOSE TO AMEND MOU IF WE DON'T HAVE ANOTHER [03:43:58] PROJECT LOCATION CHOSEN? ISN'T THAT PART OF MOU? [03:44:03] >> MOU IS FOR COST SHARING PROJECT ON HERONDO DRAIN. WITH [03:44:08] THAT, WE CAN INITIATE AMENDING MOU AND IDENTIFYING THE FACT [03:44:15] HERMOSA BEACH WILL PAY FOR THE IMPACT FEASIBILITY STUDY AND [03:44:20] DESIGN COSTS FEASIBLE WOULD BE COST SHARED AMONG THE CITIES. [03:44:24] >> OKAY. THE MOU WOULD INCLUDE WE HAVEN'T DONE THE PROCESS [03:44:28] YET, BUT MOU INCLUDE A COMMITMENT TO REDONDO BEACH, FOR EXAMPLE, [03:44:34] ASSUMING WE GO THROUGH THIS PROCESS, AND WE HAVE EVIDENCE IT [03:44:37] WOULD WORK THAT THEY WOULD AGREE TO IT? [03:44:40] >> WE WOULD WANT -- ONCE IT IS DETERMINED TO BE FEASIBLE, [03:44:45] REDONDO BEACH, TO TAKE OVER THE DESIGN. IT IS IN THEIR CITY. IN [03:44:49] FOLLOWUP DISCUSSION, HERMOSA BEACH WAS RESPONSIBLE FOR [03:44:55] DETERMINING THE SITE WAS FEASIBLE OR THAT IS THE FEEDBACK WE GOT [03:45:01] FROM THE STAFF IN THE CITIES. THEY WERE HAPPY FOR US TO [03:45:05] DETERMINE IT IS FEASIBLE. ONCE THAT IS THE CASE, WE WANT REDONDO [03:45:10] TO ASSUME THE PROJECT, IT IS WITHIN THEIR JURISDICTION. [03:45:16] >> ALL RIGHT. LAST QUESTION. AS WE ARE ASKED TO FRONT [03:45:20] $160,000 TO EVALUATE. THAT IS SOMETHING WE DON'T KNOW WHETHER IT [03:45:25] WILL WORK OR NOT AND TIMING ISSUES RELATING TO COMPLIANCE AND [03:45:29] FUNDING GRANTS, ET CETERA. [03:45:31] WHAT IS STAFF'S THOUGHTS ABOUT OPTIONS OF DOING WHAT STAFF [03:45:37] IS RECOMMENDING IN STAFF REPORT OR AMENDING MOUS AND WORKING [03:45:42] THROUGH AMENDMENTS OF MOUS AND COME BACK FOR ONCE WE HAVE MOUS [03:45:47] AND SUPPORT FROM OTHER PARTNER CITIES. COME BACK NOW. EVERYBODY [03:45:52] IS ON BOARD. HERMOSA BEACH WANTS TO PAY $160,000 TO GET THE WORK [03:46:00] DONE. [03:46:01] >> WE DISCUSSED THIS ADMINISTRATIVELY REGARDING TIMING FOR [03:46:04] THAT 1 OR MONTH AND A HALF OR 2 MONTHS TO DO THAT AMENDMENT [03:46:09] BEFORE WE COULD START ON WORK ON THIS ROUTE. THEN WITH RESPECT [03:46:18] TO OTHER CITIES, THEY SIGNALLED TO US THEY WANT US TO START THE [03:46:22] FEASIBLE STUDY WITHOUT AMENDING MOU. YOU ARE ON [INDISCERNIBLE] [03:46:28] YOU MIGHT BE ABLE TO TALK TO THIS A LITTLE MORE ARTICULATELY. [03:46:32] I THINK WE WERE ALONG THE LINES OF IF WE TRY TO RETAIN GRANT [03:46:37] AND SHOW GOOD FAITH TO THE STATE WE ARE MOVING FORWARD I DON'T [03:46:41] KNOW IF ANOTHER MONTH AND A HALF OR TWO-MONTH DELAY BEFORE WE CAN [03:46:46] ESTABLISH IF FEASIBILITY OF THE SITE IS SOMETHING THAT THEY WOULD [03:46:50] BE AGREEABLE TO. I DON'T KNOW IF IT IS US SHOWING WE ARE IN GOOD [03:46:55] FAITH AND TRYING TO MOVE THIS PROJECT FORWARD MAYBE YOU CAN. [03:46:59] >> I THINK THAT CAPTURES IT ACCURATELY. IT IS -- IF WE [03:47:04] LOOKED AT REDONDO BEACH LETTER THE LETTER THE MAYOR HAD SENT IT [03:47:09] INDICATED THEIR EXPECTATION THAT HERMOSA BEACH BE PREPARED TO PAY [03:47:15] FOR THE FULL AMOUNT OF THE FEASIBILITY STUDY OF THE NEW SITE. [03:47:19] ON OUR STAFF-TO-STAFF CALL, THAT IS THE INDICATION THAT WE [03:47:25] HAVE GOTTEN FROM PUBLIC WORKS DIRECTORS FROM THE OTHER CITY. [03:47:29] THEY WOULD BE RECOMMENDING TO THEIR CITIES THAT HERMOSA BEACH PAY [03:47:33] FOR THAT. HOWEVER, AS YOU KNOW, THAT MIGHT NOT BE WHAT THE 43 of 75 [03:47:36] COUNCIL ENDS UP DECIDING. THAT IS THE PART I'M NOT CERTAIN [03:47:40] ABOUT. WE ARE ONLY SPEAKING TO STAFF. [03:47:42] >> OKAY. THEN I KNOW I SAID LAST QUESTION BUT THIS IS MY [03:47:47] REAL LAST QUESTION. THE ISSUE OF POTENTIAL ENVIRONMENTAL [03:47:53] CONTAMINATION, COUNCILMEMBER DUCLOS REFERRED TO HAS TETRA TECH [03:47:59] LOOKED AT -- TO EVALUATE WHETHER OR NOT THE EXTENT OF THE [03:48:04] CONTAMINATION ON THE -- YES. PROPERTY GOES INTO FRANCISCA STREET [03:48:08] OR NOT. HAVE WE DONE THE PRELIMINARY REVIEW OR NOT LOOKED AT IT [03:48:13] AT ALL? [03:48:14] >> YES. IT IS IN POCKETS AROUND THEIR PARCEL. THERE IS NO [03:48:18] INDICATION THAT IT WOULD BE. THE FACT IT IS THERE IS SOMETHING [03:48:21] THAT WE WOULD WANT TO LOOK AT INITIALLY. IT WOULD RULE THE SITE [03:48:26] OUT IF IT WAS DETERMINED THERE WERE CONTAMINATED SOILS ON THE [03:48:33] SIDE. [03:48:34] >> CLARIFYING INFORMATION, AAS POWER PLANT IS CONTAMINATION [03:48:38] OF IT IS ON THIRD PARCEL AND DOESN'T EXTEND BEYOND PROPERTY [03:48:43] BOUNDARIES? [03:48:44] >> FROM WHAT WE KNOW. [03:48:46] >> THANK YOU, MADAM MAYOR. [03:48:48] >> ANY QUESTIONS? SEEING NONE. I WILL OPEN THIS UP TO THE [03:48:51] PUBLIC FOR COMMENT. [03:48:53] >> NONE. [03:48:54] >> NO CARDS. EVERYONE IS SHAKING THEIR HEAD. THEY DON'T [03:48:58] WANT TO SPEAK ON THIS. I WILL BRING IT BACK UP TO THE COUNCIL [03:49:02] HERE FOR DISCUSSION. COUNCILMEMBER MASSEY? [03:49:05] >> THANK YOU, MADAM MAYOR. I FEEL STRONGLY ABOUT THIS. I [03:49:09] THINK AS AN ORGANIZATION WE HAVE TO HARMONIZE OUR MESSAGE WE ARE [03:49:15] DELIVERING TO OUR MOU PARTNERS WE WAITED A SIGNIFICANT AMOUNT OF [03:49:20] TIME BEFORE WE SENT LETTER REQUESTING TO EVALUATE FRANCISCA [03:49:25] STREET AND RESPONSE CAME SO LATE IN THE GAME IT WASN'T ABLE TO BE [03:49:28] ACCOUNTED FOR IN OUR DISCUSSION TO AMEND OR DISSOLVE THE MOU. [03:49:34] THEN WE FOLLOWED THAT UP VERY QUICKLY WITH A COMMUNICATION TO THE [03:49:38] STATE BOARD AND A COMMUNICATION TO OUR MOU PARTNERS, WHICH WERE [03:49:42] NOT EXACTLY ON THE SAME PAGE. [03:49:44] AT THIS POINT IT APPEARS AS IF STAFF OF MOU PARTNERS ARE [03:49:52] PROCEEDING IN THE DISCUSSION AS IF THEY ARE ASSIGNING [03:49:56] RESPONSIBILITY TO THE CITY OF HERMOSA BEACH FOR THE NEED TO [03:50:01] CORRECT COURSE, WHICH IS A SHARED RESPONSIBILITY OF EWHIP AND [03:50:05] OVERALL PARTNERS FOR ESTIMATING COSTS OF THIS OVERALL PROJECT. [03:50:12] I'M WILLING AS SHOW OF GOOD FAITH AND INTENT TO COLLABORATE [03:50:16] THROUGH MOU TO AGREE TO PAY FOR THE FEASIBILITY STUDY OF [03:50:21] FRANCISCA BUT ONLY AS PART OF AN AMENDED MOU. WE NEED A [03:50:25] COMMITMENT FROM OUR MOU PARTNERS THAT REDONDO BEACH, WHICH [03:50:31] CONTRIBUTES THE MAJORITY OF STORM WATER TO THE PROJECT WILL TAKE [03:50:36] OVER AS LEAD AGENCY, AND WE WILL PAY FOR ASSESSMENT OF FRANCISCA [03:50:40] STREET AND ALL THEIR COSTS WILL BE SHARED ACCORDING TO [03:50:44] COST-SHARING PROVISIONS OF MOU. THE REASON I FEEL THAT WAY IN 44 of 75 [03:50:50] ADDITION TO THE FACT THIS IS A SHARED RESPONSIBILITY AND I'M [03:50:53] WILLING TO MAKE A SHOWING OF GOOD FAITH IS THAT OUR COUNCIL [03:50:58] DIRECTION WAS CLEAR. WE WILL AMEND THE MOU OR WE WILL DISSOLVE [03:51:03] IT. [03:51:04] IF WE GO FORWARD AND COMMIT TO PAYING FOR ASSESSMENT OF [03:51:08] FRANCISCA STREET AND KEEPING CITY OF HERMOSA BEACH AS LEAD AGENCY [03:51:14] ON THIS PROJECT IF WE DETERMINE THAT FRANCISCA STREET IS NOT [03:51:18] FEASIBLE. WE HAVE NOT ADVANCED THE BALL TOWARDS AMENDING OR [03:51:22] DISSOLVING THE MOU AT ALL. WE MIGHT BE STUCK IN A SITUATION [03:51:27] WHERE FRANCISCA STREET IS FOUND AFTER WE SPENT MONEY NOT TO BE [03:51:34] FEASIBLE -- AND EACH DO THEIR OWN PROJECTS TO DO THEIR OWN STORM [03:51:38] WATER CONTRIBUTION IF. THAT IS ULTIMATELY WHAT THEY DECIDE, I'M [03:51:42] NOT WILLING TO TAKE THE RISK. I'M WILLING TO PAY FOR THE [03:51:45] FEASIBILITY OF THE STREET IN EXCHANGE FOR AMENDMENT OF MOU THAT [03:51:50] TRANSFERS LEAD -- CITY OF REDONDO BEACH SO WHETHER OR NOT [03:51:55] FRANCISCA STREET IS DEEMED TO BE FEASIBLE EVERYBODY ON MOU IS [03:52:01] CLEAR THE PATH FORWARD WILL BE THROUGH THE CITY OF REDONDO BEACH [03:52:06] EITHER TO DEVELOP PROJECT OF FRANCISCA STREET OR FIND A SUITABLE [03:52:12] ALTERNATIVE. THANK YOU, MADAM MAYOR. [03:52:16] >> ALL RIGHT. [03:52:26] >> I THINK THAT AS YOU CAN TELL FROM THE TYPE OF QUESTIONS [03:52:29] I WAS ASKING THAT IS EXACTLY MY INCLINATION. YOU KNOW, $160,000 [03:52:37] IS A SIGNIFICANT AMOUNT OF MONEY FOR THE CITY TO SPEND. I DON'T [03:52:40] SEE A CLEAR PATH OF ASSURANCE THIS WILL SOLVE THE ISSUE. IT WILL [03:52:45] GIVE US MORE INFORMATION, BUT ONCE WE GET THAT INFORMATION AND [03:52:48] EVEN IF THE INFORMATION IS POSITIVE, THERE IS NO ASSURANCES IN MY [03:52:53] MIND WHERE THE NEXT STEP IS GOING TO BE. THEY HAVE TO GO BACK TO [03:52:56] AT LEAST THREE OTHER CITIES PARTICULARLY, SPECIFICALLY REDONDO [03:53:02] BEACH FOR PRIMARY APPROVAL, AND I CAN'T IN GOOD FAITH HAVE US [03:53:07] GOING DOWN THAT PATH AUTHORIZING THAT MONEY TO BE SPENT WITHOUT [03:53:11] ASSURANCES WHAT THE NEXT STEPS WILL BE. WE ENTERED INTO [03:53:15] ENGAGEMENT WITH MOU PARTNERS WE ARE ENGAGING WITH THEM IN [03:53:19] COMMUNICATIONS AND MEETINGS AND WHAT HAVE YOU BUT COMMUNICATION [03:53:24] REGARDING MOU AS SOON AS POSSIBLE AND GET IT GOING THROUGH WITH [03:53:28] PROCESS PRIMARILY OBVIOUSLY WITH REDONDO BEACH WE FEEL THAT WILL [03:53:32] BE MOST LIKELY CANDIDATE FOR DISCUSSION OF POTENTIAL ALTERNATE [03:53:37] LOCATION AND WITH THE OTHER TWO PARTNERS AND HAVE AN MOU [03:53:41] AMENDMENT IN PLACE OR DRAFT FOR DISCUSSION EITHER WITH [03:53:45] SUB-COMMITTEES OR WITH THE ENTIRE COUNCILS. AT THIS STAGE, I [03:53:50] JUST DON'T SEE US SPENDING $160,000 AND HOPING THINGS GO DOWN THE [03:53:55] PATH WE HOPE IT GOES DOWN. I HOPE IT DOES BUT DON'T THINK WE [03:53:59] SHOULD DO IT AT THIS STAGE UNTIL WE HAVE SOMETHING CLARIFIED. [03:54:03] LASTLY, I SHARED WITH MY COLLEAGUES BUT WILL LET EVERYBODY KNOW [03:54:08] THAT DUE TO COUNCIL MASSEY'S INTENSIVE KNOWLEDGE AND EXPERIENCE [03:54:13] WITH GROUNDWATER, I'M DECIDING TO STEP DOWN FROM THE [03:54:17] SUB-COMMITTEE INFILTRATION PROJECT AND SUGGEST HE TAKE OVER THAT [03:54:22] ROLL WITH THE SUB-COMMITTEE TO GO FORWARD. I WILL MAKE THAT 45 of 75 [03:54:26] MOTION WHEN THE TIME COMES. THANK YOU, MAYOR. [03:54:29] >> ALL RIGHT. YES. COUNCILMEMBER DUCLOS? [03:54:33] >> THANK YOU, MADAM MAYOR. AFTER HEARING COUNCILMEMBER [03:54:37] MASSEY'S SORT OF DESCRIPTION OF THE DECISION, I GUESS MY DECISION [03:54:49] WOULD DIFFER IN THE SENSE THAT I THINK WE TOOK THIS DIRECTION [03:54:56] WITH THE UNDERSTANDING THAT WE WOULD TAKE ON THE FEASIBILITY [03:55:00] STUDY. THE MOTION CARRIED BASED ON THAT INFORMATION. I THINK [03:55:05] PUTTING CONDITIONS ON THAT NOW IN TERMS OF HOW WE WILL SPEND IT [03:55:09] IS -- COULD BE A PERILOUS EXPERIMENT. WE KNEW GOING IN THIS HAS [03:55:22] A LOT OF POTENTIAL ROADBLOCKS FOR US. MY INCLINATION IS WE HAD [03:55:27] MADE A COMMITMENT TO DO THE STUDY AND PAY FOR IT. I THINK I'M IN [03:55:36] FAVOR OF GOING AHEAD AND RECOMMENDED. OBVIOUSLY, THAT DISCUSSION [03:55:40] OF HOW AND WHAT HAPPENS AFTER THAT IS MORE AN APPROPRIATE TIME. [03:55:48] TO DO IT NOW WHEN I DON'T THINK THERE IS ANY -- I DON'T NEED ANY [03:55:52] REAL STRONG COMMITMENT ON THEIR SIDE OR INTEREST ON THEIR SIDE IN [03:55:57] RELATION TO THIS PROJECT. IT IS REALLY SORT OF OUR THING. [03:56:00] SO THAT IS SORT OF MY FEELING ON IT. I'M -- I'M FINE WITH [03:56:05] THE MOTION AS OR THE RECOMMENDATION AS STATED. THANK YOU, MADAM [03:56:11] MAYOR. [03:56:12] >> ALL RIGHT. DID YOU HAVE FURTHER COMMENTS? IS THERE A [03:56:18] SCENARIO WHERE WE COULD BE THE LEAD THROUGH THE FEASIBILITY STUDY [03:56:23] AND TRANSFER RESPONSIBILITY THEREAFTER REGARDLESS OF IF THE SITE [03:56:29] IS FEASIBLE OR NOT? [03:56:33] >> WE CURRENTLY HAVE A PROFESSIONAL SERVICE AGREEMENT WITH [03:56:37] TETRA TECH. WE CAN DO THAT BASED ON THE LETTER WE RECEIVED FROM [03:56:41] MAYOR BRAND WHO GAVE US COMMISSION TO PROCEED WITH EXPLORATORY [03:56:47] STUDIES AND THEY WOULD ISSUE PERMITS AND RIGHT-OF-WAY ACCESS TO [03:56:51] THE SITE. THAT IS, I THINK, THE THOUGHTS OF THE STAFF FROM THE [03:56:55] OTHER CITIES IS THAT WE WOULD GO AHEAD AND DO SOME EXPLORATORY [03:57:00] WORK. THEN THEY WOULD FEEL MORE COMFORTABLE GOING TO THE CITY [03:57:05] COUNCILS TO AMEND MOU KNOWING THERE WAS A LITTLE MORE COMMITMENT [03:57:09] FROM THE CITY OF HERMOSA BEACH AND ALSO THERE WAS SOME [03:57:13] FEASIBILITY IN THE SITE OR THEY SUGGESTED THEY CAN LOOK AT [03:57:16] ALTERNATIVE WAYS FOR THEM TO COMPLY WITH EWHIP IF WE GO DOWN THE [03:57:22] ROUTE OF DISSOLVING MOU FOR COST SHARING. THAT IS, LIKE I SAID, [03:57:27] FROM THE SENSE THAT WE GOT. WE ONLY HAD THE STAFF-TO-STAFF [03:57:31] INTERACTIONS. I KNOW THAT YOU HAVE PROBABLY HAD INTERACTIONS [03:57:38] WITH ELECTED OFFICIALS, BUT THAT IS DIRECT FEEDBACK WE HAVE GOT [03:57:41] WE ARE ABLE TO PUT IN THE STAFF REPORT AS CERTAINTY. [03:57:45] >> WE COULD PROVIDE DIRECTION TO AMEND MOU AND KEEP US AS [03:57:50] LEAD AGENCY THROUGH FEASIBILITY STUDY. WE CAN CONTINUE TO MOVE [03:57:55] THE BALL FORWARD AS QUICKLY AS POSSIBLE AND TRANSFER [03:58:00] RESPONSIBILITY TO REDONDO BEACH AFTER THE STUDY IS COMPLETED. [03:58:04] >> YES. [03:58:05] >> OKAY. COUNCILMEMBER MASSEY, IS THAT SOMETHING YOU COULD [03:58:09] SUPPORT? [03:58:10] >> I DON'T THINK SO. I DON'T SEE WHY IT IS NECESSARY. I 46 of 75 [03:58:14] THINK THAT WE NEED TO KNOW NOW WHETHER THEY ARE WILLING TO TAKE [03:58:18] ON THE PROJECT WHETHER OR NOT FRANCISCA STREET IS VIABLE. [03:58:23] >> IT WOULD. [03:58:24] >> IT IS NOT A BIG DEAL EVEN IF THEIR LEAD AGENCY, WE FUND [03:58:29] THE ASSESSMENT. THEY CONTROL IT. IT IS NOT -- I HAVEN'T HEARD [03:58:33] ANY REASON TO BELIEVE THAT US BEING LEAD AGENCY IS THE ISSUE THEY [03:58:39] ARE MOST CONCERNED ABOUT AS OPPOSED TO US FUNDING THE ASSESSMENT. [03:58:44] FROM MY PERSPECTIVE, YOU KNOW, WHAT WE HEARD FROM THEM IS THAT IF [03:58:49] WE DON'T AGREE TO PAY FOR THE FEASIBILITY STUDY OF FRANCISCA [03:58:54] STREET, THEY WILL RECOMMEND TO THEIR COUNCILS TO DISSOLVE THE [03:58:57] MOU. THEY LAID DOWN THE GAUNTLET. I THINK THE APPROPRIATE [03:59:02] RESPONSE FROM US IS WE WILL DO THAT PROVIDED YOU ARE WILLING TO [03:59:05] AMEND THE MOU. IF YOU ARE NOT WILLING TO AMEND MOU AND DISSOLVE [03:59:11] IT, I WOULD RATHER SPEND THAT 157,000 DOLLARS WORKING OUT HOW [03:59:18] HERMOSA BEACH WILL COVER ITS PORTION. [03:59:21] >> OKAY. BACK TO CHRISTIE. WILL -- I GUESS UNDER EITHER [03:59:29] SCENARIO, IF WE AMEND THE MOU, IT WILL TAKE TIME AND HAS TO GO TO [03:59:34] EACH OF THE CITY COUNCILS REGARDLESS. ALL RIGHT. OKAY. DO WE [03:59:39] HAVE A MOTION? [03:59:40] >> YES, MADAM MAYOR. I'M HAPPY TO MAKE A MOTION. I MOVE [03:59:45] THAT WE DIRECT STAFF AND THE MAYOR AS APPROPRIATE TO REVISE THE [03:59:51] PROPOSED AMENDED MOU WE PREVIOUSLY PROVIDED TO OUR MOU PARTNERS [03:59:58] TO PROVIDE THAT THE CITY OF HERMOSA BEACH WILL PAY FOR THE CITY [04:00:03] OF THE FEASIBILITY OF FRANCISCA STREET AS A LOCATION FOR WHAT HAS [04:00:08] BEEN TERMED THE HERONDO INFILTRATION PROJECT IN PROPOSED AMENDED [04:00:14] MOU AND THE REST OF THE PROVISIONS OF PROPOSED REVISION OF THE [04:00:21] MOU WILL STAY THE SAME AND LETTER ACCOMPANYING PROPOSED REVISED [04:00:26] AMENDED MOU INDICATE TO MOU PARTNERS THAT WE ARE WILLING TO PAY [04:00:34] FOR THE STUDY OF THE FEASIBILITY OF FRANCISCA STREET AS PART OF [04:00:39] THE AMENDED MOU WE ARE PROPOSING TO THEM, WHICH TRANSFERS LEAD [04:00:44] AGENCY STATUS TO THE CITY OF REDONDO BEACH. [04:00:48] >> I WILL SECOND THAT. [04:00:50] >> CAN I ASK FOR A FRIENDLY AMENDMENT OR CLARIFICATION THAT [04:00:53] WE STATE AN AMOUNT NOT TO EXCEED THE 157,719? [04:01:00] >> THAT IS ACCEPTED, YES. [04:01:02] >> ACCEPTED. [04:01:03] >> ALL RIGHT. ANYMORE DISCUSSION? [04:01:05] >> YES, MADAM MAYOR. [04:01:07] >> COUNCILMEMBER FANGARY? [04:01:09] >> QUESTION TO STAFF, THE 157,000 NUMBER THAT CHRISTIE, IF [04:01:14] I UNDERSTAND THE PROPOSAL I REVIEWED WAS PART OF A SCOPE OF WORK [04:01:19] ASSUMING WE ARE PROCEEDING TO DO THE WORK ON THE STREET; RIGHT? [04:01:22] IS THERE A SMALLER SCALE OF WORK TETRA TECH CAN DO TO DETERMINE [04:01:31] IT CAN BE DONE ON THE STREET SHORT OF FINISHING UP THE PROCESS OF [04:01:36] ALMOST DESIGNING IT THERE? SEEMS LIKE A HIGHER NUMBER FOR ME TO [04:01:40] SAY WHETHER OR NOT CAN YOU PHYSICALLY DO IT ON THE STREET OR NOT [04:01:43] SEEMS IT IS ALMOST DOING A BIG PORTION OF THE DESIGN FOR PROJECT 47 of 75 [04:01:48] UNDER $160,000. [04:01:50] >> IN THE SCOPE OF WORK PROVIDED IN THE ATTACHED STAFF [04:01:55] REPORT 157,000 DOLLARS IS SUM OF ACTUAL SITE INVESTIGATION THAT [04:02:01] IS ABOUT 99,000, WHICH I NEED TO CONFIRM WITH TETRA TECH. THE [04:02:09] CITY OF REDONDO BEACH ASKED FOR ADDITIONAL POTHOLING OF THE [04:02:15] UTILITIES $57,000 WAS ACTUALLY PREPARING THE FEASIBILITY REPORT [04:02:23] THAT WE PREVIOUSLY CALLED THE PRELIMINARY DESIGN REPORT FOR THE [04:02:28] GREENBELT PROJECT. IT IS THE SAME REPORT THAT WOULD LEAD INTO [04:02:31] THE CEQA AND DESIGN PROCESS. TO ANSWER YOUR QUESTION, THAT CAN [04:02:35] BE BROKEN DOWN INTO $100,000 OF SIDE INVESTIGATION TO BE BROKEN [04:02:44] DOWN INTO SPECIFICS IN TERMS OF TYPES OF STUDIES WHETHER [04:02:47] GEOTECHNICAL AND POTHOLING AND SOIL BORINGS. WE COULD GET EVEN [04:02:53] MORE SPECIFIC AND YOU KNOW JUST INITIALLY START WITH THE TWO [04:03:01] STUDIES THAT WOULD IDENTIFY RIGHT AWAY WITH CONSTRAINTS OF SITES [04:03:07] THAT WE PREVIOUSLY IDENTIFIED. [04:03:09] >> THANK YOU. TO FOLLOW UP ON THE FRIENDLY AMENDMENT OUR [04:03:14] PREFERENCE, I THINK WOULD BE TO LIMIT THE WORK WE ARE ASKING [04:03:17] TETRA TECH TO DO AND HERMOSA BEACH'S COMMITMENT TO FUND THE WORK [04:03:23] TO THE EXTENT WHETHER OR NOT THE PROJECT CAN BE SITED ON THAT [04:03:27] STREET OR NOT AND NOT GO INTO SPECIFIC DESIGN PARAMETERS OF THE [04:03:32] PROJECT, WHICH THOSE SHOULD BE PART OF THE MOU COST -- SHARING [04:03:36] PART. I AGREE WITH NOT TO EXCEED AMOUNT, BUT IT ALSO SHOULD BE [04:03:41] PROVIDED WITH DIALOGUE OF TETRA TECH OVERLOOKING TO TELL US WHAT [04:03:46] TO DO. THE PROJECT CAN BE DONE ON THE STREET OR NOT AND DON'T DO [04:03:50] ANY OTHER POTENTIALLY IN THE FUTURE HELP DESIGN FEATURES. THIS [04:03:55] WOULD WORK AS FAR AS GEOLOGY AND CONTAMINATION AND DEPTH OF [04:04:00] GROUNDWATER AND THINGS THEY NEED TO DO. I'M HOPING THAT NUMBER [04:04:03] SHOULD BE LESS THAN 157,000. WE SHOULD DEFINITELY MAX IT. [04:04:11] >> OKAY. COUNCILMEMBER DUCLOS? [04:04:14] >> YES. FOR STAFF TO BE CLEAR ON THIS. IN TERMS OF [04:04:18] COMMUNICATION WITH THE STATE BOARD REGARDING OUR GRANT, AND THAT [04:04:25] CONVERSATION WAS WE WERE GOING TO EXPLORE DOING THE FEASIBILITY [04:04:30] STUDY. IT WASN'T SPECIFIED IN THERE WE WOULD BE DOING A [04:04:34] FEASIBILITY STUDY. [04:04:35] >> THAT IS CORRECT. [04:04:37] >> THEIR APPROVAL TO ALLOW US TO CONTINUE WITH THAT MONEY [04:04:43] WAS BASED ON THAT ASSUMPTION. CORRECT? [04:04:45] >> THAT'S CORRECT. I HAVE A REAL PROBLEM OF ADDING A [04:04:49] PRECONDITION. TO DOING WHAT WE SAID WE WERE GOING TO DO NOT [04:04:56] KNOWING THE INCLINATION OF REDONDO BEACH OR OTHER PARTNERS IN [04:05:02] RELATION TO THAT. IF THEY SAY NO, DO THIS CONDITION THAT WE [04:05:08] PLACED ON HERE, THIS WHOLE THING FALLS APART COMPLETELY. WE WILL [04:05:13] LOSE THAT GRANT VERY LIKELY. DO YOU AGREE OR NOT AGREE? [04:05:18] >> MARY OMADA HAD DISCUSSIONS WITH DEPUTY DIRECTOR AND [04:05:25] [INDISCERNIBLE] OF FINANCIAL ASSISTANCE TO LET HER KNOW MOVING [04:05:29] FORWARD AS QUICKLY AS WE CAN IN GOOD FAITH. THEY ARE [04:05:33] CONVERSATIONS I HAVEN'T HAD. I DON'T KNOW TEMPERATURE FOR 48 of 75 [04:05:37] TELLING THEM THAT WE ARE GOING TO GO AHEAD AND, YOU KNOW, SPEND [04:05:40] ANOTHER MONTH AND A HALF TO TWO MONTHS TO TRY TO SEE IF THE OTHER [04:05:44] CITIES WILL AMEND THE MOU. I CAN'T ANSWER THAT QUESTION. I [04:05:50] DIDN'T HAVE THE CONVERSATIONS. WE WOULD NEED TO GO BACK TO THE [04:05:54] STATE AS SOON AS POSSIBLE AND SAY WE WILL BE A LITTLE LONGER IN [04:05:59] GETTING EVERYONE ON BOARD BY AMENDING MOU IN HOPING THAT THEY [04:06:03] WILL BE LOOKING FORWARD TO WHAT THE SUCCESS OF THE PROJECT IS AND [04:06:08] THEY WILL SUPPORT THAT DECISION. I DON'T KNOW AT THIS TIME. I [04:06:11] HAVEN'T HAD THESE CONVERSATIONS. [04:06:14] >> SO, MADAM MAYOR, I'M NOT COMFORTABLE WITH THE MOTION. I [04:06:19] WILL NOT SUPPORT IT AS SUGGESTED. SEEMS TO ME THAT WE SORT OF [04:06:29] PUT OURSELVES IN THIS SITUATION HERE. WE HAVE SO MANY BARRIERS [04:06:39] TO OVERCOME HERE TO GET WHERE WE WANT TO GO. WE ARE AT RISK OF [04:06:44] LOSING THE $3.5 MILLION GRANT THAT COULD GO AWAY TOMORROW. A [04:06:50] NUMBER OF PEOPLE WOULD LOVE TO HAVE IT, I'M SURE. WE WOULD START [04:06:55] FROM SQUARE 1. I DON'T UNDERSTAND IT. UNTIL I CAN GET SOME [04:07:01] COMPREHENSION WHY THAT IS A -- I SAY THAT KNOWING COUNCILMEMBER [04:07:09] MASSEY IS A SKILLED NEGOTIATOR. I REALLY RESPECT THAT, BUT I [04:07:13] DON'T UNDERSTAND WHY WE ARE ADDING ADDITIONAL CONDITIONS TO THIS. [04:07:17] IT DOESN'T MAKE SENSE TO ME, AND IT IS VERY RISKY. I WON'T [04:07:21] SUPPORT IT. THANK YOU, MADAM MAYOR. [04:07:24] >> COUNCILMEMBER MASSEY? [04:07:25] >> THANK YOU. COUNCILMEMBER DUCLOS RAISES A LEGITIMATE [04:07:30] QUESTION. I HAVE TWO RESPONSES. WE HAVE TO BE CONSISTENT IN [04:07:34] MESSAGING WE ARE SENDING OUT. WHAT WE ARE DOING WITH THE [04:07:38] DECISION THAT IS BEFORE US RIGHT NOW IS DOING THAT LETTER WE SENT [04:07:41] TO THE STATE RIGHT AFTER LAST MEETING AT WHICH WE DIRECTED WE [04:07:48] WOULD AMEND OR DISSOLVE MOU IS NOT WE WOULD DISSOLVE OR AMEND [04:07:54] MOU, BUT WE SIMPLY WILL TAKE REDONDO'S -- WITHOUT AMENDING OR [04:08:02] DISSOLVING MOU. THAT WAS NOT CONSISTENT WITH COUNCIL DIRECTION. [04:08:07] WE NEED TO GOING FORWARD AND SEND A CONSISTENT MESSAGE WITH [04:08:12] RESPECT TO WHAT THE STATE BOARD EXPECTS. AS LONG AS WE HAVE A [04:08:17] PATH AND ARE MOVING FORWARD IN GOOD FAITH IS WHAT THE STATE BOARD [04:08:20] IS LOOKING FOR AS FAR AS I CAN UNDERSTAND IT. AND PROPOSAL IN [04:08:27] THE MOTION SETS OUT A PATH THAT GETS US CLEARLY TO THE KEY [04:08:32] DECISION POINTS WHERE WE DECIDE WHETHER OR NOT WE WILL PROCEED AS [04:08:36] A GROUP OF MOU PARTIES OR PROCEED SEPARATELY. GOING FORWARD, [04:08:42] COMMITTING TO -- POTENTIALLY FINDING OUT SIX OR HOWEVER MANY [04:08:48] MONTHS DOWN THE ROAD FRANCISCA STREET IS NOT VIABLE AND NOT [04:08:53] HAVING A PATH FORWARD AND COMING BACK HERE AND HAVING SAME [04:08:57] DISCUSSION AGAIN WHAT SHOULD WE DO AMEND OR DISSOLVE THE MOU? [04:09:01] THAT IS A QUESTION WE HAVE TO ANSWER NOW. [04:09:04] >> WHY NOT LOOK TO THE CITY ATTORNEY WHO HOPEFULLY QUICKLY [04:09:08] GOT UP TO SPEED. THANK YOU FOR STEPPING IN A MUCH YOUNGER [04:09:13] VERSION OF MIKE. NO. [04:09:15] >> WE USUALLY GET OLDER DURING THE MEETINGS. [04:09:19] >> WOULD IT BE YOUR RECOMMENDATION TO TAKE THE PATH THAT 49 of 75 [04:09:24] COUNCILMEMBER MASSEY IS SUGGESTING TO AGO AHEAD AND AMEND MOU AND [04:09:31] OFFER THAT WELL WE RECEIVED LEGAL ADVICE? WE HAVE TO AMEND MOU [04:09:36] BEFORE WE GO AHEAD AND PAY FOR THE FEASIBILITY STUDY ON [04:09:41] FRANCISCA. [04:09:43] >> I MEAN, THAT IS ONE OPTION. I MUST ADMIT I'M DEFINITELY [04:09:49] PINCH HITTING HERE. I REVIEWED THE MOU BRIEFLY. RIGHT NOW, IT [04:09:53] PROVIDES DECENT AMENDMENT LANGUAGE THAT IS DEFINITELY AN OPTION [04:10:01] THAT WE COULD EXPLORE WITH COUNCIL DIRECTION. [04:10:04] >> OKAY. ALL RIGHT. WELL, I AGREE WITH COUNCILMEMBER [04:10:12] MASSEY. I THINK WE ARE GOING TO BE -- I WILL SAY THE LANGUAGE IN [04:10:16] THE LETTER TO OUR PARTNERS WAS A LOT MORE SPECIFIC THAN THE [04:10:22] LETTER TO THE STATE WATER BOARD. WE NEEDED TO GIVE HER QUICK [04:10:27] REASSURANCE. OBVIOUSLY, WE ARE TAKING A PATH FORWARD, AND WE [04:10:31] DIDN'T GET INTO THE SAME LEVEL OF DETAIL WE DID WITH OUR [04:10:35] PARTNERS. MY GOODNESS. CITY MANAGER AND CITY ATTORNEY WERE [04:10:39] WORKING REALLY HARD ON THOSE LETTERS AND TRYING TO GET THEM OUT [04:10:43] AS QUICKLY AS POSSIBLE. I'M VERY HAPPY TO CONTINUE THE DIALOGUE [04:10:47] WITH LESLIE LONDON AND THE STATE WATER BOARD AND LET HER KNOW WE [04:10:54] ARE TRYING TO TAKE A PRUDENT STEP FORWARD SO WE DON'T COME BACK. [04:10:59] AND WE WILL BE AT SQUARE 1, POTENTIALLY, IF THIS SITE IS NOT [04:11:05] FEASIBLE. WHAT SHE EXPRESSED TO ME IS THEY DON'T WANT THE GRANT [04:11:09] MONEY BACK. THEY WANT TO BE ABLE TO PUT IT TOWARDS THIS PROJECT [04:11:12] OR A PROJECT THAT WE CAN USE FOR THE REDONDO STORM DRAIN. I [04:11:22] THINK IF WE KEEP IN COMMUNICATION AND SHOW THE DUE DILIGENCE IN [04:11:26] MAKING THE EFFORT THIS ADVANCES IT THAT. I AM HOPEFUL SHE WILL [04:11:33] STAY OPTIMISTIC. ALL RIGHT. YEAH? [04:11:37] >> I WANT TO ADD, I THINK, THANK YOU FOR THE COMMENTS. [04:11:41] THAT IS ONE OF MY QUESTIONS YOU HAD TALKED OR COMMUNICATED WITH [04:11:45] HER. I THINK THE EXTRA DEFINITION IS REALLY IMPORTANT. I THINK, [04:11:49] TO YOUR POINT, AND IN WHAT YOU JUST RELAYED, THERE IS A HIGH [04:11:54] MOTIVATION TO WORK TOGETHER TO MAKE SURE IT IS IMPORTANT IT BE [04:11:58] NAILED DOWN DIRECTLY, SO WE ARE ALL VERY, VERY CLEAR ABOUT WHAT [04:12:02] HAPPENS NEXT. I CONTINUE TO SUPPORT THE MOTION. [04:12:05] >> WE HAVE A MOTION AND A SECOND. SOUNDS LIKE WE ARE [04:12:08] TAKING A SEPARATE MOTION ON THE SUB-COMMITTEE ITEM? OKAY. [04:12:13] >> MADAM MAYOR? [04:12:15] >> YES. [04:12:16] >> CAN WE HAVE THE MOTION REPEATED? IS THAT POSSIBLE? [04:12:18] >> YES. COUNCILMEMBER MASSEY, GO AHEAD AND -- [04:12:23] >> WE DO HAVE CLOSED CAPTIONING. I CAN PULL IT UP. [04:12:28] >> I WOULD PREFER NOT TO CLUTTER THE RECORD BY REPEATING [04:12:32] IT. IT WAS A LITTLE BIT LENGTHY, BUT IF YOU HAVE ANY COMMENTS OR [04:12:37] QUESTIONS, I'M HAPPY TO ENGAGE. [04:12:42] >> SO -- [04:12:43] >> THE CLERK CAN READ IT BACK. THAT IS NOT A BAD IDEA. [04:12:47] >> MADAM CLERK, YOU WANT TO READ IT BACK TO US? [04:12:51] >> I CAN READ YOU WHAT I HAVE. 50 of 75 [04:12:54] >> THERE WE GO. [04:12:55] >> TO DIRECT STAFF AND THE MAYOR TO REVISE THE PROPOSED [04:13:03] AMENDED MOU TO PROVIDE THAT THE CITY OF HERMOSA BEACH WILL PAY [04:13:08] FOR THE FEASIBILITY STUDY AND THAT THE REST OF THE PROVISIONS OF [04:13:18] THE MOU WILL REMAIN THE SAME AND THAT THE LETTER SAY THAT WE ARE [04:13:23] WILLING TO PAY FOR THE FEASIBILITY STUDY AND THAT THE CITY OF [04:13:32] REDONDO BEACH WILL ASSUME LEADERSHIP. I'M KIND OF MUDDLED AT [04:13:39] THIS POINT. [04:13:40] >> WE ARE WILLING TO PAY FOR THE FEASIBILITY STUDY WE ARE [04:13:47] DESIGNATED MOU THAT -- FEASIBILITY OF THE PROJECT. [04:13:53] >> FOR A COST NOT TO EXCEED THE MONEY THAT WAS PART OF THE [04:13:57] FRIENDLY AMENDMENT. [04:13:59] >> RIGHT. [04:14:00] >> CORRECT. [04:14:01] >> ALL RIGHT. ARE WE GOOD? ALL THOSE IN FAVOR? [04:14:06] >> AYE. [04:14:07] >> OPPOSED? [04:14:08] >> NO. [04:14:09] >> ALL RIGHT. WE HAVE A SECOND PART TO THAT? [04:14:13] >> YES, MADAM MAYOR, IF I MAY. [04:14:16] >> GO AHEAD. [04:14:21] >> MY SCREEN HAS TO. [04:14:23] >> FROZEN. [04:14:24] >> YEAH. I'M GOOD. MADAM MAYOR, I WILL RECOMMEND THAT THE [04:14:28] STAFF, THAT THE CITY COUNCIL APPOINT AN INFILTRATION PROJECT [04:14:34] COUNCIL SUB-COMMITTEE COMPRISED OF THE MAYOR AND COUNCILMEMBER [04:14:41] MASSEY TO WORK WITH STAFF GOING FORWARD TO ADDRESS UPCOMING [04:14:48] ISSUES AND NEGOTIATIONS WITH THE MOU PARTNERS AND TO RETURN TO [04:14:53] COUNCIL AS NEEDED FOR FURTHER COUNCIL DIRECTION AND [04:14:58] AUTHORIZATION. [04:14:59] >> ALL RIGHT. DO WE HAVE A SECOND? [04:15:01] >> SECOND. [04:15:02] >> ALL THOSE IN FAVOR? [04:15:04] >> AYE. [04:15:05] >> OPPOSED? NONE. ALL RIGHT. MADAM CLERK? [04:15:12] >> ITEM 6A, NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC [04:15:18] MANAGEMENT PLAN DRAFT SCOPE OF WORK. [04:15:21] >> MADAM MAYOR, BEFORE WE GO ON, I WOULD LIKE TO MAKE A [04:15:25] MOTION THAT WE CONTINUE THE MEETING UNTIL 11:30. [04:15:30] >> DO WE HAVE A SECOND? [04:15:31] >> SECOND. [04:15:32] >> ALL THOSE IN FAVOR? [04:15:34] >> AYE. [04:15:35] >> AYE. [04:15:37] >> SORRY, MADAM CLERK. [04:15:39] >> THAT IS OKAY. [04:15:40] >> THE REPORT IS FROM OUR CITY MANAGER. THERE IS SIX -- 51 of 75 [04:15:46] EXCUSE ME. ONE SUPPLEMENTAL LETTER RECEIVED FROM SCOTT DAVEY [04:15:52] YESTERDAY. [04:15:53] >> THANK YOU, MADAM CLERK AND MADAM MAYOR AND COUNCIL [04:15:57] MEMBERS. I WANTED TO PROVIDE A BRIEF INTRODUCTION TO THIS ITEM [04:16:02] WE HAVE SINCE TIME THAT YOUR BODY AS WELL AS THE SCHOOL BOARD [04:16:06] SIGNED THE MOU. WE HAVE BEEN WORKING DILIGENTLY WITH THE SCHOOL [04:16:11] DISTRICT STAFF TO DRAFT A SCOPE OF WORK THAT WOULD BE ALIGNED [04:16:16] WITH WHAT BOTH ENTITIES WOULD BE IN SUPPORT OF TO START THE WORK [04:16:23] ON THE TRAFFIC MANAGEMENT PLAN. WE ARE BRINGING FORWARD TO YOU [04:16:26] THE LANGUAGE FOR THE DRAFT SCOPE OF WORK. TOMORROW, UPON YOUR [04:16:31] APPROVAL, THE SCHOOL BOARD WILL ALSO BE CONSIDERING THE SAME ITEM [04:16:36] WHICH WOULD BE AT THEIR MEETING TOMORROW. IT IS A SHORT [04:16:45] TURNAROUND. WE WANT TO DO AN AGGRESSIVE TIMELINE THAT ADDRESSES [04:16:50] MOU DESIGNED FOR THE SCHOOL DISTRICT. LEANNE ANDERSON, I WOULD [04:16:57] LIKE TO PROVIDE A BRIEF PRESENTATION. [04:17:00] >> GOOD EVENING. [04:17:01] >> GOOD EVENING. [04:17:02] >> BEFORE COUNCIL FOR CONSIDERATION THIS EVENING IS A [04:17:04] RECOMMENDATION TO PROVIDE INPUT ON SCOPE OF WORK FOR DEVELOPMENT [04:17:08] OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR NORTH SCHOOL AND [04:17:12] DIRECT STAFF TO ISSUE REQUEST FOR PROPOSALS FOR DEVELOPMENT OF [04:17:16] TRAFFIC MANAGEMENT PLAN BASED ON SCOPE OF WORK WITH YOUR INPUT [04:17:20] AND SCHOOL BOARD'S INTO AND TERMS IDENTIFIED IN MEMORANDUM OF [04:17:26] UNDERSTANDING. THE SCHOOL BOARD SIGNED IT -- TO WORK TOGETHER [04:17:33] COLLABORATIVELY TO SAFELY MANAGE TRANSPORTATION TRAFFIC AND [04:17:38] STUDENT LOADING AND UNLOADING ACTIVITIES AT NORTH SCHOOL. [04:17:42] FULFILLING ACCOMPLISHMENTS OF MOU -- AND MOU DESCRIBES PROCESS [04:17:50] FOR CITY OF SCHOOL DISTRICT MUTUALLY AGREE UPON SCOPE OF WORK FOR [04:17:56] REQUEST FOR PROPOSALS TO HIRE TRAFFIC ENGINEER TRANSPORTATION [04:18:01] PARTY OWNER AND THIRD EXPERTISE TO MANAGE PREPARATION OF THE [04:18:06] PLAN. WE WILL BE AS OUR CITY MANAGER MENTIONED BEFORE BY THE [04:18:14] SCHOOL BOARD TOMORROW EVENING. BASED ON TERMS OF MOU STAFF AND [04:18:18] CITY OF SCHOOL DISTRICT HAVE PREPARED SCOPE OF WORK AND IS [04:18:22] SEEKING FEEDBACK FROM THE TWO BODIES PRIOR TO RELEASING RFP. -- [04:18:34] SO WE ARE ALL ON THE SAME PAGE ABOUT THE TASKS AND CONCEPTS OF [04:18:40] WHAT IS IT WE ARE STUDYING? WITHIN THE SCOPE OF WORK, WE [04:18:43] IDENTIFIED PROJECT GOALS AND STUDY AREA BOUNDARY, WHICH WAS [04:18:48] ESSENTIALLY ESTABLISHED THROUGH MOU THAT WOULD BE LOOKING AT SAME [04:18:54] STUDY AREA AS WAS STUDIED NEXT IR. WE HAVE DRAWN BOX AROUND THAT [04:19:00] AREA TO ENSURE WE ARE NOT EXPANDING SCOPE OF WORK TO BE LOOKED AT [04:19:08] TO GET TOO FAR AWAY FROM NORTH SCHOOL AREA. PROJECT OR SCOPE OF [04:19:13] WORK INCLUDES RELEVANT PLANS POLICIES PROGRAMS OR PROJECTS, WHICH [04:19:18] IS INTENDED TO HELP INFORM PROPOSERS DEVELOPMENT OF APPROACH AND [04:19:23] BUDGET AND SCHEDULE SO THEY ARE NOT DUPLICATING WORK THAT HAS [04:19:29] BEEN DONE. OUR DATA THAT HAS BEEN COLLECTED, THEY HAVE A GOOD [04:19:33] BASE LEVEL OF UNDERSTANDING AS THEY WORK ON RESPONDING TO [04:19:36] REQUESTS OF PROPOSALS PROPOSAL SCOPE OF WORK IDENTIFIES SEVEN 52 of 75 [04:19:42] TASKS FOR DEVELOPMENT OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN [04:19:46] PROJECT MANAGEMENT AND ADMINISTRATION. THIS PROJECT WILL BE [04:19:50] JOINTLY MANAGED AND ADMINISTRATED BY BOTH CITY AND SCHOOL [04:19:54] DISTRICT. RATHER THAN HAVING LEAD AGENCY, WE WILL JOINTLY ISSUE [04:19:59] RFP AND INTERVIEWING AND JOINTLY SELECTING THAT TASK THERE IS [04:20:05] MAKING SURE WE ARE ON THE SAME PAGE ABOUT HOW THE PROCESS MOVES [04:20:10] FORWARD, COMMUNITY ENGAGEMENT AND CORE COMPONENTS OF THIS TERMS [04:20:15] OF COMMUNITY ENGAGEMENT LISTED OUT OF MOU AND PERFORM STAKEHOLDER [04:20:21] GROUP PART OF THIS PROCESS AND CONDUCT COMMUNITY MEETING PART OF [04:20:27] THE PROCESS THAT IS LISTED IN SCOPE OF WORK AND DATA COLLECTION [04:20:31] AND ANALYSIS IS INTENDED TO HAVE PROPOSERS LOOK AT ALL OF THE [04:20:35] DATA THAT HAS ALREADY BEEN COLLECTED AND IDENTIFY OTHER AREAS [04:20:39] THAT DATA NEEDS TO BE COLLECTED EVALUATED ANALYZED SO THAT THEY [04:20:44] CAN PROVIDE RECOMMENDATIONS ON MEASURES TO HELP IMPROVE TRAFFIC [04:20:49] FLOW AND CIRCULATION WITHIN NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN [04:20:54] AND THEY HAVE TO, OF COURSE, DEVELOP THAT PLAN AND BRING IT [04:20:58] BEFORE THE BOARD AND CITY COUNCIL FOR REVIEW AND APPROVAL. AND [04:21:02] THE LAST TASK WE IDENTIFIED HERE IS DEVELOPMENT OF PEDESTRIAN [04:21:07] SCHOOL ROUTE PLAN AND RECOMMENDED VEHICLE TRAVEL ROUTES MAP AND [04:21:12] TRANSPORTATION MANAGEMENT PROGRAM THAT ARE ESSENTIALLY SUBSETS OF [04:21:17] THE -- WE BELIEVE MUCH OF WHAT NEIGHBORHOOD TRAFFIC MANAGEMENT [04:21:22] PLAN WILL IDENTIFY AND BUILD THE BASE FOR THE PLANS TO BE [04:21:26] DEVELOPED. WE ADDED THAT TASK TO BE COMPLETED AS NEIGHBORHOOD [04:21:30] TRAFFIC MANAGEMENT PLAN IS TO BE DEVELOPED. FINALLY WITH WORK TO [04:21:35] BE PERFORMED AND PROVIDED BY SCHOOL DISTRICT. THIS IS SOMETHING [04:21:39] WE WANT TO RECOGNIZE RESOURCE CONSTRAINTS FROM STAFF AND BOTH [04:21:44] CITY AND SCHOOL DISTRICT AND MAKE IT CLEAR WHAT THE TWO AGENCIES [04:21:48] ARE EXPECTED TO PROVIDE IN TERMS OF WORK ON THIS PROJECT SO THAT [04:21:52] PROPOSERS KNOW THAT THEY EITHER NEED TO IDENTIFY THOSE AS [04:21:57] ADDITIONAL RESOURCES THAT THEY WILL PROVIDE AND EXPECTATIONS ARE [04:22:01] CLEAR IN TERMS OF STAFF INVOLVEMENT FROM BOTH CITY AND SCHOOL [04:22:05] DISTRICT. WITH THAT, I'M HAPPY TO ANSWER QUESTIONS OR PROVIDE [04:22:09] ANY ADDITIONAL DETAIL ON COMPONENTS PROVIDED IN ATTACHMENTS. [04:22:15] >> THANK YOU, LEANNE. LOOKING TO COLLEAGUES FOR QUESTIONS [04:22:19] YOU MAY HAVE. COUNCILMEMBER MASSEY? [04:22:22] >> THANK YOU, MADAM MAYOR. LEANNE FRIEND SCOTT DAVEY GAVE [04:22:29] COMMENTS. WE DISCUSSED THEM WITH YOU PRIOR TO THE MEETING TO GET [04:22:32] A SENSE FOR BENEFIT OF THE PUBLIC ABOUT HOW AND TO WHAT EXTENT, [04:22:37] IF AT ALL, YOU BELIEVE THE COMMENTS CAN BE OR SHOULD BE [04:22:42] INCORPORATED INTO THE DOCUMENT. [04:22:46] >> IN MY STACK OF PAPERS FOR THE NEXT ITEM, WHICH, I THINK, [04:22:54] THOSE NOTES GOT ADDED INTO. SO SCOTT PROVIDED COMMENTS RELATED [04:23:07] TO CONSISTENCY WITH GENERAL PLAN. AND FROM OUR PERSPECTIVE WE [04:23:16] BELIEVE DEVELOPMENT OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN IS [04:23:19] EFFORT TO MINIMIZE BURDEN ON ADJACENT NEIGHBORHOODS AND ONLY [04:23:25] SOLUTION TO MINIMIZING IMPACT IS NOT ON THE ONSIGHT. WE ARE [04:23:29] OBLIGATED YOU KNOW TO RELY ON TENANTS OF MOU THAT WERE AGREED TO 53 of 75 [04:23:35] BY BOTH PARTIES. SOME SUGGESTIONS SCOTT PROVIDED WERE REFERRING [04:23:40] TO ONSITE LOADING AND UNLOADING THAT WE FELT MIGHT NOT BE [04:23:46] PRESENTED IN TERMS OF IF WE ADD THAT INTO THE SCOPE OF WORK WOULD [04:23:51] NOT BE RECEIVED WELL FROM THE SCHOOL DISTRICT GIVEN TERMS OF MOU [04:23:55] WE HAVE SET UP AND SAME WITH THE STUDY AREA. AREAS, AS I [04:23:59] MENTIONED, AREAS WITHIN THE BOUNDARIES OF PROJECT STUDY AREA EVEN [04:24:04] IF TRAFFIC COUNTS WEREN'T STUDIED AT LOCATIONS THROUGH SCHOOL [04:24:09] DISTRICTS EIR WE CAN PRESENT SOLUTIONS AND IDENTIFY ADDITIONAL [04:24:14] ANALYSIS AS PART OF THE PROCESS. [04:24:16] FOR AREAS LIKE HERMOSA AVENUE THAT ARE OUTSIDE OF WHAT WAS [04:24:21] STUDIED AS PART OF EIR SINCE THAT IS WHAT WE AGREED TO WITH MOU [04:24:27] WE DIDN'T FEEL THAT WAS APPROPRIATED TO INCORPORATE INTO THE [04:24:31] PROJECT STUDY AREA. [04:24:32] IN TERMS OF THE STAKEHOLDER GROUP, SO WE -- WE ARE STILL [04:24:39] WORKING THROUGH THE EXACT NUMBER OF PEOPLE THAT WOULD BE INVOLVED [04:24:44] IN THE STAKEHOLDER GROUP AND PROCESS OF HAVING BOTH PARTIES [04:24:49] IDENTIFY MEMBERS TO BE INVOLVED IN THAT GROUP WE REALLY WANT THEM [04:24:52] TO SERVE AS A SOUNDING BOARD ON AREAS OF CONCERN ON HELPING TO [04:24:57] PROPOSE RECOMMENDATIONS AND PRIORITIZE THE PRIORITIZATION TO HELP [04:25:04] CONSULTANTS THAT ARE HIRED TO COMPLETE THE WORK. AT THE SAME [04:25:09] TIME, WE ALSO FEEL THAT IT IS IMPORTANT THAT IN ORDER TO SET UP [04:25:14] WHOEVER WE HIRE FOR SUCCESS, WE CAN'T THROW THEM INTO THE FIRE [04:25:18] IMMEDIATELY. WE NEED TO GIVE THEM A LITTLE TIME TO UNDERSTAND [04:25:21] THE CONDITIONS FROM -- WITHOUT A TON OF OUTSIDE INFLUENCE THEY [04:25:27] CAN STUDY THROUGH DOCUMENTS AVAILABLE AND DO SOME OF THEIR OWN [04:25:32] SITE WORK AND HAVE SOME PERSPECTIVES SO THEY ARE EQUIPPED WHEN WE [04:25:37] BRING THE STAKEHOLDER TOGETHER TO HAVE A DISCUSSION THAT THEY CAN [04:25:41] EFFECTIVELY FACILITATE. [04:25:43] >> NOT TO INTERRUPT YOU. I WANT TO BUILD OFF OF THAT. HE [04:25:47] MENTIONED IN LETTER ABOUT A GREAT EXAMPLE OF A COMMUNITY GROUP [04:25:51] THAT HAD GREAT SUCCESS WAS FIRE SERVICES COMMITTEE. [04:25:55] >> UH-HUH. [04:25:56] >> WE TALKED ABOUT THAT IN OUR MEETING. SCOTT, WHO IS [04:26:01] LIKELY LISTENING RIGHT NOW, THAT WAS THE GROUP THAT WE KEPT [04:26:05] POINTING BACK TO. WE WILL TRY TO EMULATE THE SUCCESSES WE HAD [04:26:10] THAT WITH THAT GROUP. [04:26:12] >> ABSOLUTELY. IN TERMS OF QUESTIONS ON DATA COLLECTION [04:26:16] AND ANALYSIS, THE TRAFFIC QUEUEING, WHY WASN'T IT SPECIFICALLY [04:26:23] MENTIONED OR RELATED? IT IS SOMETHING WE CAN ADD INTO IT GIVEN [04:26:28] IT IS ALSO IDENTIFIED AS SOMETHING THAT WE WOULD LOOK TOWARDS [04:26:34] ADAPTIVE MANAGEMENT PLAN OF LOOKING AND REEVALUATION. IT WOULD [04:26:40] BE IMPORTANT TO HAVE A BASE LINE OF UNDERSTANDING WHAT QUEUING [04:26:44] WOULD LOOK LIKE UNDER EXISTING OR ANTICIPATED CONDITIONS SO WE [04:26:51] KNOW HOW TO EFFECTIVELY DO THAT. THE SYSTEMS FOR MONITORING AND [04:26:59] HOW THEY WOULD BE IMPLEMENTED. THOSE ARE THINGS WE WOULD HAVE [04:27:03] THE CONSULTANT HIRE AND THOSE ARE ADDRESSED THROUGH ADAPTIVE [04:27:08] MANAGEMENT PLAN FOR MONITORING AND REEVALUATION. 54 of 75 [04:27:14] >> THANK YOU, MADAM MAYOR. [04:27:16] >> OKAY. ANY OTHER QUESTIONS? MAYOR PRO TEM? [04:27:19] >> I WANT TO SAY I REALLY APPRECIATE THE EFFORTS. THIS IS [04:27:24] VERY GOOD DUE DILIGENCE, IN MY OPINION, AND WHAT IS COMING [04:27:29] TOGETHER. I THINK IT IS IMPORTANT AND WANT TO THANK ANY [04:27:33] COMMUNITY MEMBERS TRACKING CLOSELY WITH THIS AND PROVIDING [04:27:37] CONTINUOUS INPUT AND STAFF'S RESPONSE TO THAT. I APPRECIATED [04:27:43] RESPONSES THIS AFTERNOON. I THINK IT IS IMPORTANT AND HEARTENED [04:27:51] AND FEELING CONFIDENT ABOUT WHERE THIS HAS HEADED. I WANT TO [04:27:54] GIVE YOU THAT AND THANK YOU ALL FOR YOUR EFFORTS. ALL RIGHT. [04:27:59] ANY OTHER QUESTIONS? COUNCILMEMBER DUCLOS? [04:28:06] >> THANK YOU, MADAM MAYOR PRO TEM. YOU TALKED ABOUT HOW [04:28:11] MOVING FORWARD WE ARE DOING THINGS JOINTLY AND IN SYNC, WHICH IS [04:28:16] NOT THE WAY THAT IT HAS BEEN IN THE PAST. MAYBE MORE OF A [04:28:22] QUESTION HERE WITH MY COLLEAGUES ON WORKING GROUP NOT THEM OR US [04:28:27] DOING A DRAFT. WE ARE CLEAR THINGS WE ARE DOING IS WE ARE [04:28:32] WORKING ON COLLECTIVE DOCUMENTS. THEY UNDERSTAND IT, AND THAT IS [04:28:36] HOW IT IS WORKING? [04:28:38] >> YEAH. WE HAD A GOOD MEETING A COUPLE WEEKS AGO, MAYBE A [04:28:43] WEEK AND A HALF AGO, TO TALK ABOUT SCOPE OF WORK AND THE PROCESS [04:28:47] AND STAKEHOLDERS. I THOUGHT IT WAS A PRODUCTIVE AND [04:28:51] COLLABORATIVE MEETING WE HAD. [04:28:52] >> THANK YOU. AND THANK YOU, MADAM MAYOR. [04:28:57] >> ALL RIGHT. ANY QUESTIONS? OPENING IT UP TO PUBLIC [04:29:01] COMMENT. MADAM CLERK DOESN'T HAVE SPEAKER CARDS. [04:29:07] >> DAVE. [04:29:08] >> OH, DAVE GREYSON, COME ON UP. [04:29:11] >> DAVID GREYSON, HERMOSA BEACH. I'M LOOKING FORWARD TO [04:29:18] SEEING THE PROCESS, HOW IT GOES OUT. THERE IS A LIST OF [04:29:26] POTENTIAL CRITERIA OPTIONS THAT WILL BE EVALUATED. ONE I DIDN'T [04:29:31] SEE LISTED THERE WAS TO LOOK AT EFFECT OR IMPACTS ON NEARBY [04:29:37] RESIDENTS IN THE COMMUNITY. I'M SURE THERE WILL BE AN [04:29:42] OPPORTUNITY IN THE PROCESS FOR THE CRITERIA TO BE DEVELOPED WITH [04:29:46] THEIR INPUT. THAT IS GOOD. THANK YOU. [04:29:48] >> THANK YOU. ANYONE ELSE? SEEING NO ONE. I WILL BRING [04:29:51] IT BACK OVER HERE FOR A MOTION MAYBE. [04:29:55] >> MAYOR PRO TEM? [04:30:03] >> THANK YOU, MADAM MAYOR. LOOKING TO MAKE SURE WHAT OUR [04:30:08] MOTION IS. OKAY. MADAM MAYOR, I MOVE THAT THE CITY COUNCIL [04:30:15] DIRECT STAFF TO ISSUE REQUEST FOR PROPOSALS FOR DEVELOPMENT OF [04:30:18] NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN BASED ON SCOPE OF WORK AND [04:30:23] TERMS IDENTIFIED AS MEMORANDUM OF UNDERSTANDING. [04:30:26] >> I WILL SECOND, MADAM MAYOR. [04:30:29] >> ALL RIGHT. WE ARE TAKING INTO ACCOUNT. SORRY. FOR [04:30:33] CLARIFICATION SOME OF THE COMMENTS OBVIOUSLY THAT WE DISCUSSED [04:30:36] HERE AND THAT DAVEY BROUGHT UP, ET CETERA? [04:30:39] >> UH-HUH. 55 of 75 [04:30:40] >> OKAY. YES, COUNCILMEMBER FANGARY? [04:30:44] >> THANK YOU, MADAM MAYOR. I WON'T SUPPORT THE MOTION. I [04:30:48] HAVEN'T SUPPORTED THE PROCESS. THE CITY AND SCHOOL BOARD HAVE [04:30:52] BEEN GOING FORWARD. I WON'T GO THROUGH ALL OF THE REASONS AGAIN, [04:30:56] BUT COLLEAGUES ARE AWARE OF REASONS BEHIND IT, SO QUALIFICATIONS, [04:31:00] I WON'T SUPPORT THE MOTION. [04:31:02] >> THANK YOU FOR CLARIFICATION. I WILL CALL THE QUESTION. [04:31:04] ALL THOSE IN FAVOR? [04:31:05] >> AYE. [04:31:08] >> OPPOSED? [04:31:09] >> NO. [04:31:10] >> OKAY. MADAM CLERK? [04:31:13] >> ITEM 6F, UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF [04:31:19] DOCKLESS SCOOTER AND BIKE CHAIR IN HERMOSA BEACH AND [04:31:23] CONSIDERATION OF REGULATORY OPTIONS TO PERMIT AND REGULATE [04:31:28] OPERATION OF DOCUMENT SCOOTERS AND [READING FROM TEXT]. IT IS [04:31:34] FROM ENVIRONMENTALIST LEANNE SINGLETON. [04:31:39] >> WELCOME BACK. [04:31:41] >> I'M HOPING YOU CAN BEAR WITH ME TONIGHT. I'M BEFORE YOU [04:31:45] THIS EVENING TO PROVIDE AN UPDATE ON WORK OVER THE LAST SEVERAL [04:31:51] MONTHS WITH EDUCATION AND -- I'M ALSO HERE THIS EVENING TO [04:32:10] PROVIDE AN UPDATE ON WORKING WITH OUR NEIGHBORING CITIES TO DO [04:32:16] DRAFT SHARED MOBILITY GUIDELINES, PROPOSED SOUTH BAY SHARED [04:32:21] MOBILITY PROGRAM, AND SEEKING INPUT ON GUIDELINES AND INTEREST TO [04:32:25] PARTICIPATE IN PILOT PROGRAM WITH NEIGHBORING CITIES. I WANT TO [04:32:30] START BRIEFLY WITH WHAT OUR EFFORTS HAVE BEEN OVER LAST [04:32:35] SIX MONTHS SINCE TEMPORARY BAN WAS PUT IN PLACE OR RELATED TO [04:32:39] OUTREACH AND ENFORCEMENT. WE HAVE BEEN -- WHILE WE HAVE BEEN [04:32:46] SIMULTANEOUSLY WORKING WITH NEIGHBORING CITIES ON THE DRAFT [04:32:50] GUIDELINES TERMS OF STAFF EFFORTS TOWARDS ENFORCEMENT EDUCATION [04:32:55] AND DEVELOPMENT OF GUIDELINES WE PROVIDE AN ATTACHMENT IN HERE [04:33:00] THAT DOCUMENTS SOME EFFORTS STAFF HAS GONE THROUGH. SINCE THE [04:33:04] ORDINANCE WAS PUT IN FRONT OF COUNCIL AND ADOPTED AND WENT INTO [04:33:09] EFFECT, OUR TEAM FROM CITY MANAGERS OFFICE AND FROM CODE [04:33:13] ENFORCEMENT AND POLICE DEPARTMENT HAVE BEEN WORKING [04:33:17] COLLABORATIVELY ON KIND OF WORKING THROUGH EDUCATION AND [04:33:21] ENFORCEMENT AND COORDINATION WITH THE SHARED MOBILITY COMPANIES [04:33:25] TO CARRY OUT THAT BAN. [04:33:29] ONE OF THE FIRST ITEMS PROVIDED IN THE ATTACHMENT IS WHAT WE [04:33:34] CALL A QUICK REFERENCE GUIDE FOR OFFICERS AND CODE ENFORCEMENT [04:33:39] SINGLE PAGE, FRONT AND BACK, THAT DETAILS IN MORE GENERAL TERMS [04:33:44] NOT CODE TERMS. WHEN ARE RULES AND REGULATIONS REGARDING NOT [04:33:52] ONLY SHARED MOBILITY DEVICES AND ALSO ELECTRIC EQUIPMENT AND [04:33:57] GENERIC BICYCLE AND SKATEBOARD AND SCOOTER REGULATIONS FROM BOTH [04:34:04] CITY MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE. WHEN OUR TEAM [04:34:11] INTERACTS WITH FOLKS FROM EDUCATIONAL ENFORCEMENT OR PERSPECTIVE, [04:34:17] THEY ARE ABLE TO REFERENCE QUICKLY THE APPROPRIATE CODES AND 56 of 75 [04:34:20] REGULATIONS ESPECIALLY SINCE THOSE CHANGED OR EVOLVED OVER TIME. [04:34:26] ALSO WITHIN THERE WE HAVE -- WE HAVE SHARED SOME OF THE SOCIAL [04:34:30] MEDIA EDUCATIONAL CAMPAIGNS WE HAVE BEEN POSTING. I WILL TELL [04:34:35] YOU THOSE ALWAYS GENERATE A LOT OF DISCUSSION. I DON'T KNOW WHAT [04:34:40] IT IS ABOUT THE POSTS IN PARTICULAR. [04:34:42] IT GENERATES A TON OF DISCUSSION ON SOCIAL MEDIA. [04:34:46] EVERYONE HAS AN OPINION ABOUT WHAT SHOULD OR SHOULDN'T BE ON [04:34:53] THE STRAND ABOUT BICYCLING IN GENERAL AND ALL OUR PUBLIC SPACES [04:35:00] FOLKS ARE ENGAGED WE INCLUDED DRAFT SIGNAGE WE ARE HOPING TO [04:35:04] PREPARE AND ACTUALLY POST OUT ALONG THE STRAND IN THE NEXT MONTH. [04:35:09] AND LET FOLKS NO HE ABOUT GO HERMOSA APP OR SERVICE REQUEST [04:35:16] APP AND MODULE WE ADDED IN THERE SO FOLKS CAN REPORT PARKED OR [04:35:21] ABANDONED SCOOTERS OR BIKES. [04:35:24] AS I MENTIONED WE HAVE DONE A FAIR AMOUNT OF CONTACT AND [04:35:32] COORDINATION SO FOLLOWING IMPLEMENTATION OF TEMPORARY BAN STAFF [04:35:37] WORKED TO ESTABLISH AND MAINTAIN CONTACT WITH SHARED MOBILITY [04:35:41] OPERATORS PARTICULARLY NOSE THAT HAVE ACTIVE PROGRAMS IN LA AND [04:35:46] LONG BEACH AND SANTA MONICA. IT HAPPENED WHERE SOMEONE IS RIDING [04:35:52] FROM ONE DESTINATION TO ANOTHER AND WE SEE EQUIPMENT HERE IN [04:35:55] HERMOSA BEACH. [04:35:57] THE SHARED MOBILITY OPERATORS HAVE BEEN NOTIFIED OF HERMOSA [04:36:01] BEACH PROCEDURES AND LETTING FOLKS KNOW WHEN WE DO SEE OR OBSERVE [04:36:07] EQUIPMENT IN HERMOSA BEACH AND ASKING THEM TO RETRIEVE EQUIPMENT [04:36:13] WITHIN TWO HOURS OF RECEIVING NOTICE THROUGH THEIR APP A PHONE [04:36:17] NUMBER OR VIA E-MAIL DURING DAYTIME HOURS NOTING THAT WE DO [04:36:22] OTHERWISE WILL MOVE EQUIPMENT PARTICULARLY IF IN A HAZARDOUS [04:36:29] LOCATION ALONG THE STRAND OR PLAZA. OUR PRACTICE HAS GENERALLY [04:36:35] BEEN TO MOVE THEM UP HERE AWAY FROM MORE OF THE HIGH ACTIVITY [04:36:40] AREAS AND THAT THE OPERATORS HAVE BEEN COMING AND PICKING THOSE [04:36:44] UP WHEN WE HAVE BEEN NOTIFYING THEM. [04:36:46] EQUIPMENT THAT IS NOT COLLECTED IN TIMELY MANNER AS YOU [04:36:51] ADOPTED IS NOW SUBJECT TO IMPOUND FEE OF $130. THAT IS A [04:36:58] REQUIRED PAYMENT FROM AN AUTHORIZED REPRESENTATIVE OF THE COMPANY [04:37:04] TO RELEASE THAT EQUIPMENT. IN TERMS OF OTHER EDUCATION AND [04:37:08] ENFORCEMENT WE CONTINUE TO MAKE AVAILABLE COMMUNITY INTEREST [04:37:12] SURVEY ON BIKE SHARE AND SCOOTER. WE HAVE CONTINUED TO RECEIVE [04:37:18] INPUT AND RESPONSES ON THAT AS WE HAVE GONE ALONG. I WILL SHIFT [04:37:23] GEARS HERE BRIEFLY FROM WHAT WE HAVE BEEN DOING IN THE LAST SIX [04:37:28] MONTHS NOTING THAT WE WILL CONTINUE TO DO ALL OF THESE ITEMS WE [04:37:33] HAVE IDENTIFIED AND INCLUDING RAMPING UP SOME OF THIS AS WE GET [04:37:37] INTO BUSIER SUMMER MONTHS AND TALK BRIEFLY AND SWITCH GEARS INTO [04:37:46] MOBILITY GUIDELINES THAT HAVE BEEN DRAFTED. -- CITIES HAVE BEEN [04:37:55] MEETING ON. I CALL IT MONTHLY. IT ENDS UP BEING SLIGHTLY MORE [04:37:59] THAN MONTHLY. WE ARE WORKING HARD TO TRY TO GET THESE GUIDELINES [04:38:04] WRAPPED UP IN A WAY TO BE PRESENTED TO PRODUCE A DRAFT SET OF [04:38:09] SHARED MOBILITY GUIDELINES REVIEW AND INPUT BY COUNCIL AND PUBLIC [04:38:13] GUIDELINES SEEK TO MAXIMIZE CONSISTENCY ACROSS -- HOWEVER, EACH 57 of 75 [04:38:20] CITY HAS ABILITY TO PROVIDE INPUT ON GUIDELINES THAT CAN EITHER [04:38:24] BE CONSIDERED ACROSS ALL CITIES OR CUSTOMIZED AS CITY SPECIFIC [04:38:29] REGULATIONS BASED ON UNIQUE CONDITIONS OR CONCERNS WE HAVE WITH [04:38:35] CERTAIN AREAS OR PARKING STYLES WE CAN CUSTOMIZE THEM FOR OUR [04:38:41] CITY. -- CITY OF SANTA MONICA, LA, PORTLAND, AND CULVER CITY. [04:38:54] AREAS OF CONCERN THAT HAVE BEEN IDENTIFIED THROUGH PREVIOUS [04:38:58] COUNCIL DISCUSSION INPUT FROM CITY RISK MANAGER AND CITY ATTORNEY [04:39:04] AND COMMUNITY DIALOGUE ON THE TOPIC. PROVIDED AS ATTACHMENT 4 IN [04:39:10] STAFF REPORT. WE BRIEFLY SUMMARIZE DESCRIPTIONS OF THE SECTIONS. [04:39:16] I WILL RUN THROUGH NAMES OF THEM IF ANY OF YOU WOULD LIKE ME TO [04:39:21] DO MORE DETAIL ON, I'M HAPPY TO DO SO. SECTIONS INCLUDE THE [04:39:26] PURPOSE OR AUTHORITY OF CITIES TO IMPLEMENT A PROGRAM AND [04:39:31] DEFINITIONS SO CITIES AND OPERATORS ARE WORKING FROM SAME [04:39:34] DEFINITIONS. DEPLOYMENT AND PARKING AND FLEET SIZE AND MIX. [04:39:42] EDUCATION ENFORCEMENT SAFETY OPERATIONS AND MAINTENANCE AND DATA [04:39:48] EXPERIENCE AND QUALIFICATION INSURANCE INDEMNIFICATION [04:39:54] APPLICATION AND -- I MENTIONED STAFF FROM CITIES OF AROUND THE [04:40:01] AREA -- HERMOSA AND MANHATTAN REDONDO AND TORRANCE HAVE TEMPORARY [04:40:11] BANS ON SHARED MOBILE RIGHT NOW. EL SEGUNDO CITY COUNCIL [04:40:19] CONSIDERED THE DRAFT GUIDELINES AT MEETING MARCH 19TH AND [04:40:24] RECOMMENDED PARTICIPATION WITH NEIGHBORING CITIES. THEY ARE THE [04:40:28] SAME AS YOURS. STAFF BELIEVED THIS PROGRAM CAN ONLY BE EFFECTIVE [04:40:32] IF IT IS IMPLEMENTED IN MULTIPLE CITIES GIVEN SIZE OF THE CITIES [04:40:39] AND GIVEN KIND OF THE CROSS TRAVEL NATURE OF LOTS OF FOLKS THAT [04:40:43] GO FROM CITY TO CITY. STAFF IN MANHATTAN AND REDONDO ARE [04:40:52] PLANNING MEETINGS THIS MONTH TO RECEIVE DIRECTION ON A COMMON [04:40:57] PILOT PROGRAM AND TO BRIEFLY TALK THROUGH THE PROCESS WE [04:41:02] DEVELOPED OR HAVE PROPOSED IS THAT THE -- RATHER THAN REQUESTING [04:41:08] APPLICATIONS FOR EACH INDIVIDUAL CITY FROM ALL OF THE OPERATORS [04:41:11] SOUTH BAY CITY'S COG HAS PROPOSED TO TAKE ON THE TASK OR ROLE FOR [04:41:17] ANY CITY INTERESTED IN PARTICIPATING. THE NEXT COUPLE MONTHS [04:41:23] HEAR FROM EACH CITY WHAT THEIR INTEREST AND PARTICIPATION IS [04:41:26] BASED ON THAT ISSUE OR REQUEST FROM APPLICATIONS FOR OPERATORS [04:41:34] AND RELY ON CITIES PLANNING TO PARTICIPATE TO EVALUATE AND RANK [04:41:38] TOP COMPANIES AT WHICH POINT THE SOUTH BAY GROUP WOULD IDENTIFY [04:41:45] TWO OR THREE OPERATORS THAT WOULD BE INVITED TO PARTICIPATE IN OR [04:41:49] SUBMIT APPLICATIONS TO INDIVIDUAL CITIES. THE REGULATORY PROCESS [04:41:54] OF THE CITY TO ISSUE A PERMIT IS NOT SOMETHING THAT COULD BE DONE [04:42:01] AT MULTI-JURISDICTIONAL OR COG LEVEL NEED TO HAVE AT LOCAL LEVEL [04:42:06] AND THERE IT WOULD BE ISSUANCE OF PERMITS AND LAUNCH OF A PILOT [04:42:11] PROGRAM. [04:42:12] SO FOR COUNCIL THIS EVENING, WE INCLUDED THERE IS A LOT OF [04:42:18] CONTENT IN HERE. WE KIND OF TRIED TO DISTILL IT DOWN INTO TWO [04:42:23] KEY QUESTIONS FOR YOUR DISCUSSION AND CONSIDERATION. FIRST IS, [04:42:26] IS THERE INTEREST IN PARTICIPATING IN A SOUTH BAY SHARED MOBILITY [04:42:32] PROGRAM AND WHAT, IF ANY, ADDITIONAL REGULATIONS, DETAILS, OR [04:42:36] INFORMATION SHOULD BE INCORPORATED INTO THE GUIDELINES THAT HAVE 58 of 75 [04:42:39] BEEN DRAFTED TO DATE? BASED ON COUNCIL DIRECTION OF THE ITEMS [04:42:46] STAFF WILL LOOK AT PREPARING MUNICIPAL CODE REGULATIONS AND [04:42:51] MEASURES RELATED TO OPERATION OR CONTINUATION ON A BAN ON SHARED [04:42:56] MOBILITY DEVICES. EITHER WAY, ADDITIONAL MUNICIPAL CODE CHANGES [04:43:02] THAT WOULD NEED TO BE DEVELOPED AND PRESENTED BACK TO COUNCIL IN [04:43:07] COMING MONTHS. WITH THAT I'M HAPPY TO ANSWER QUESTIONS. WE ALSO [04:43:11] -- I WANT TO NOTE PETER ALSTROM FROM POLICE DEPARTMENT IS HERE. [04:43:16] THIS IS HIS FIRST COUNCIL MEETING. BE NICE TO HIM TO ANSWER [04:43:22] QUESTIONS FROM POLICE DEPARTMENT PERSPECTIVE. [04:43:25] >> ALL RIGHT. WE ARE A LOT OF FUN, AS YOU CAN SEE. [04:43:29] >> AUDIENCE: [LAUGHING]. [04:43:30] >> A LOT OF YOUR BANG FOR YOUR BUCK AT THE COUNCIL [04:43:34] MEETINGS. [04:43:35] >> ANY QUESTIONS? YES. COUNCILMEMBER FANGARY? [04:43:42] >> YOUR HONOR, I GOT RESPONSES. NOT SURE FROM YOU OR [04:43:45] SOMEBODY ELSE. I WANT TO ELABORATE ON SOME OF THEM. THIS IS [04:43:49] RELATED TO ENFORCEMENT. GARY MIGHT BE UP. I ASKED THE QUESTION [04:43:54] ABOUT IN PRIOR MEETINGS I RAISED CONCERNS WITH CITY MANAGER AND [04:44:00] STAFF ABOUT ADVISABLY SEEING MORE MOTORIZED VEHICLES ON THE [04:44:06] STRAND AND HEARING FROM COMMUNITY CONCERNS AND PUBLIC SAFETY, ET [04:44:10] CETERA. I HAVE BEEN ASKING WHAT ARE WE DOING ABOUT THIS? I [04:44:15] UNDERSTAND THERE ARE RESOURCE ISSUES. I ASKED THE QUESTION [04:44:19] EARLIER TODAY OR YESTERDAY ABOUT AS FAR AS ENFORCEMENT HAS GONE, [04:44:28] HOW MANY HAVE WE ISSUED FOR RIDING BICYCLES AND SCOOTERS IN 2018? [04:44:35] THE YEAR-TO-DATE ANSWER I GOT WAS WE WARNED 30 INDIVIDUALS LAST [04:44:41] WEEKEND THAT IS ASSUMPTION OF 0 FOR 2019 FOR MOTORIZED VEHICLES [04:44:50] ON THE STRAND. [04:44:51] >> RIGHT. IT IS NOT ABOUT ISSUING CITATIONS BUT WARNING [04:44:56] PEOPLE GOING OFF THE STRAND. CSOS AND CODE ENFORCEMENT THAT [04:45:03] PATROL THE STRAND REGULARLY. [04:45:06] >> OKAY. QUESTION TO BOTH OF YOU, WE HAD THE MOST SERIOUS [04:45:10] CONVERSATION ABOUT THIS STARTING IN AUGUST 2018. HERE WE ARE, [04:45:14] APRIL 2019. MY QUESTION IS HOW MUCH MORE DO WE HAVE TO DO BEFORE [04:45:21] WE START ISSUING TICKETS? I HAVE NO PROBLEM GETTING PARKING [04:45:26] TICKETS. I GET ONE ALMOST EVERY OTHER WEEK. YOU HAVE MECHANISM [04:45:30] AND MACHINES TO DO IT. ORDINANCE 2019 MINUTES TO CONFIRM, I [04:45:39] THINK WE PASSED ORDINANCE THAT INCLUDES A CIVIL PENALTY. IS THAT [04:45:44] ACCURATE AND YOUR RECOLLECTION? [04:45:46] >> I BELIEVE ADMINISTRATIVE CITATION CONSISTENT WITH OTHER [04:45:51] CITATIONS. [04:45:52] >> PASSED IN AUGUST 2019, AND I SEE NUMBERS OF VEHICLES [04:45:56] INCREASING MONTH-TO-MONTH, AND HERE WE ARE IN APRIL AND SUMMER IS [04:46:00] ABOUT TO START AND HAVEN'T ISSUED A SINGLE. WE LIKE TO WARN. [04:46:06] HOW MUCH WARNING DO WE GIVE TO PEOPLE WE ARE SERIOUS. WE NEED [04:46:11] YOU TO GET OFF YOUR BIKE IF NOT SUPPOSED TO BE RIDING IT. I [04:46:17] STAND ON STRAND AND HEAR ZIPPING BIKES GOING THROUGH. I DON'T [04:46:21] HAVE A SPEEDOMETER. I DON'T KNOW HOW FAST THEY ARE. THE SOUND 59 of 75 [04:46:24] AND SPEED OF THEM IS ALARMING TO ME. I KEEP SAYING THE SAME [04:46:28] THING AND WARN PEOPLE AND TELL THEM TO SLOW DOWN. I DON'T WANT [04:46:32] TO WAIT UNTIL SOMEONE SIGNIFICANTLY GETS HURT BEFORE WE GET [04:46:38] SERIOUS ABOUT IT. [04:46:39] >> UNDERSTOOD. MY TENURE STARTED HERE IN NOVEMBER. I HAD [04:46:44] RATHER LENGTHY DISCUSSIONS WITH ACTING CHIEF MCKINNON AND [04:46:51] [INDISCERNIBLE]. WE HAVE TAKEN APPROACH OF FOLLOWING THROUGH ON [04:46:56] EDUCATIONAL COMPONENT FIRST. WE DON'T TAKE ISSUING ANY [04:47:01] INFRACTION CITATION LIGHTLY. I KNOW IN MY DISCUSSIONS WITH THE [04:47:08] THREE OF THEM THAT THERE HAS BEEN A PLAN PARTICULARLY SINCE WE [04:47:14] MOVED INTO WARMER SUMMER MONTHS TO COORDINATE POLICE OFFICER [04:47:20] SCHEDULES AND COMMUNITY SERVICE OFFICE SCHEDULES TO BE ON THE AT [04:47:28] THE SAME TIME SO WHEN CSOS ARE AND POLICE UNIFORMS ONSITE TO [04:47:35] PROVIDE SUPPORT AS WELL. THAT IS THE APPROACH THAT, I [04:47:38] UNDERSTAND, LIEUTENANTS AND CAPTAIN HAVE WANTED TO TAKE AS WE [04:47:45] MOVE FORWARD. I KNOW, AGAIN, AS WARMER MONTHS HAVE STARTED TO [04:47:49] MOVE IN THAT WE ARE WORKING TO PUT THAT TOGETHER. [04:47:58] >> OKAY. DO YOU HAVE A SENSE OF -- AGAIN, NOT TRYING TO DO [04:48:02] FOR THE CITY, BUT DO YOU HAVE A SENSE OF IN MAY OR JUNE ISSUING [04:48:07] CITATIONS TO PEOPLE THAT VIOLATE OUR LAWS? YOU ARE SAYING WE [04:48:11] DON'T TAKE INFRACTIONS LIGHTLY, BUT I GET TICKETS ON MY CAR ALL [04:48:16] THE TIME. PEOPLE COMPLY WITH THE RULES. WE DON'T DO IT WITH [04:48:22] PUBLIC SAFETY ON THE STRAND. I'M MISSING THE LOGIC. [04:48:26] >> WITH RESPECT TO THE TIMEFRAME, I DON'T HAVE AN EXACT [04:48:31] TIMEFRAME. I KNOW IN DISCUSSIONS WITH THREE OF THEM, THAT PLAN [04:48:35] HAS BEEN TO DO IT IN THE NEXT SEVERAL WEEKS. [04:48:39] >> OKAY. [04:48:40] >> AGAIN, AS WE MOVED INTO THE WARMER DAYS. [04:48:44] >> SORRY TO INTERRUPT YOU FOR ONE SECOND. WE HAVE CITY [04:48:48] MANAGER WITH A COMMENT? [04:48:50] >> I WILL FOLLOW UP WITH ACTING CHIEF MCKINNON AND REFLECT [04:48:59] WITH POLICE DEPARTMENT MAJORITY INTEREST IF COUNCIL IS INDICATING [04:49:04] SUCH TO GO AHEAD AND ISSUE CITATIONS AND CONSIDER EDUCATION AND [04:49:08] OUTREACH STAGE OF OUR EFFORTS TO BE COMPLETE IF THAT IS THE WISH [04:49:14] OF THE COUNCIL. [04:49:16] >> DO YOU MIND IF I INTERRUPT YOUR QUESTION? I HAVE TO ASK [04:49:20] ONE. [04:49:21] >> NOT AT ALL. [04:49:23] >> HOW LONG HAVE WE BEEN GIVING WARNINGS IN THE LAST -- [04:49:29] >> SINCE MY TENURE WOULD HAVE GONE, SO MIDDLE OF THE MONTH. [04:49:35] >> SO ALMOST SIX MONTHS? [04:49:37] >> YES. [04:49:38] >> THANK YOU. [04:49:39] >> MADAM MAYOR? [04:49:41] >> YES. [04:49:42] >> TO HELP PETER AND CHIEF MCKINNON AND CONSIDER ETE [04:49:48] MANAGER AND VICE CHAIR FANGARY IS CONCERNED, YOU DON'T -- 60 of 75 [04:49:56] COMPLAINING ABOUT THE AMOUNT OF EXCESSIVE SPEED ON THE STRAND AND [04:50:00] MOTOR VEHICLES ON THE STRAND. ANECDOTALLY, I SEE IT ALL THE [04:50:06] TIME. I WILL SEE A 20-SOMETHING-YEAR-OLD KID RIPPING BY ON [04:50:11] ELECTRIC SKATEBOARD OR SOMETHING ON THE STRAND AND NOT ALLOWED. [04:50:17] IGNORANCE OF THE LAW IS NO EXCUSE. FROM DAY WE SET SPEED LIMITS [04:50:23] ON THE STRAND AND DAY WE SAID NO MOTORIZED VEHICLES ON THE [04:50:28] STRAND, WE COULD HAVE BEEN WRITING TICKETS WITH POLICE [04:50:32] DEPARTMENT. AS I UNDERSTAND IT, WE ARE PRETTY FORGIVING FOR [04:50:36] VEHICULAR INFRACTIONS IN THE CITY. MOST SPEEDING AND STOP SIGNS [04:50:42] AND STUFF ENDS UP BEING CITY OF HERMOSA. PEOPLE COMPLAIN TO [04:50:50] EVERY CORNER OF THE CITY ABOUT HOW FAST PEOPLE GO THROUGH [04:50:54] RESIDENTIAL NEIGHBORHOODS AND VEHICLES AND DON'T STOP AT STOP [04:50:58] SIGNS AND HOW MUCH DANGER IT POSES. SO -- OR MOTOR VEHICLES ON [04:51:07] THE STREETS, I THINK WE, AS A CITY, NEED TO START HITTING PEOPLE [04:51:12] WITH TICKETS. THAT IS DEFINITELY TRUE FROM MY PERSPECTIVE FOR [04:51:16] THE STRAND. DAYS OF EDUCATION AND WARNINGS HAS TO END ON ALL OF [04:51:23] THAT STUFF. THE STRAND HAS BEEN THERE FOR A LONG, LONG TIME. [04:51:28] PEOPLE HAVE KNOWN YOU ARE NOT TO TAKE MOTORIZED VEHICLES [04:51:32] THERE KNOW SPEED LIMIT POSTED AND NO LONGER ANY EXCUSE OR FURTHER [04:51:38] EDUCATION TIME TO ENFORCE GOES FOR STRAND AND RESIDENTIAL STREETS [04:51:43] AS WELL. [04:51:44] >> YOU HAVE MAJORITY OF COUNCIL NODDING HEADS. HERE, I [04:51:48] THINK COUNCILMEMBER DUCLOS HAS A COMMENT ON THIS. [04:51:53] >> I DON'T. [04:51:54] >> HE IS NOT DONE. [04:51:55] >> I WILL WAIT. [04:51:56] >> OKAY. THANK YOU. [04:51:57] >> COUNCILMEMBER FANGARY? [04:52:00] >> THANK YOU FOR THE MAJORITY OF COUNCIL TO GIVE INPUT ON [04:52:04] THAT. I'M NOT. ALONG LINES OF BOTH EDUCATION AND ENFORCEMENT, [04:52:10] SOME QUESTIONS WE ASKED ALSO WAS ABOUT SIGNS. ISSUE CAME BEFORE [04:52:18] US, AND WE ARE STILL WORKING ON IT. MY INPUT FOR WHATEVER IT IS [04:52:22] WORTH TO THE EXTENT WE INCREASE SIGNAGE TO CONTINUE WITH THE [04:52:27] EDUCATION AND CONJUNCTION WITH ENFORCEMENT WOULD BE HELPFUL AND [04:52:31] UNDERSTAND PROCESS PUTTING SIGNS TOGETHER AND DEPENDING HOW [04:52:35] MEETING GOES TONIGHT SIGNS MAY SAY THINGS DIFFERENTLY. I URGE [04:52:39] YOU WHATEVER HAPPENS AT THE CONCLUSION OF THE MEETING TODAY THAT [04:52:42] WE INCLUDE SIGNAGE AND ADDITION TO ENFORCEMENT SO WE ARE PROPERLY [04:52:48] INFORMING PEOPLE. I WAS KIND OF JOKINGLY USED TO LAUGH AT THE [04:52:53] TIME YEARS AGO. BENCHES AT PIER PLAZA AND BENCHES HAD NO SMOKING [04:53:00] SIGN ON IT. SOMEBODY COMES UP SMOKING. I DIDN'T KNOW WE WEREN'T [04:53:05] SUPPOSED TO HERE. LOOK BEHIND YOU, AND IT IS ON THE BOOK. I [04:53:10] DON'T SEE SIGN OF MOTORIZED VEHICLES EVIDENCE. I WOULD INCREASE [04:53:17] THE SIGNAGE. AND LASTLY, QUESTIONS AND STAFF HAS POINTED OUT [04:53:23] PILOT PROGRAM WITH IMPLEMENTED STAFF ADDITIONALLY RECOMMENDED WE [04:53:28] SEEK PROVIDERS OR STAFF AMBASSADORS THAT CAN DO REGULATION ON [04:53:37] REDUCING STRAND PARKING PRACTICES AND RIDER. I DON'T KNOW IF WE 61 of 75 [04:53:43] GOT INPUT FROM POTENTIAL FUTURE PARTNERS TO BE AMENABLE TO DO IT, [04:53:49] BUT IT WOULD BE AWESOME. [04:53:50] WE TALKED ABOUT THIS WITH SOME OPERATORS. SOME OF THEM ARE [04:53:54] HERE AND CAN SPEAK TO THAT AS WELL. [04:53:56] >> EXCELLENT. THANK YOU, MADAM MAYOR. [04:54:00] >> ALL RIGHT. COUNCILMEMBER DUCLOS? [04:54:03] >> THANK YOU. WE ARE ALL CONCERNED ABOUT THE SPEEDING [04:54:06] ISSUE. I KNOW ONE OF THE THINGS THIS PROGRAM LOOKS AT IS UNIQUE [04:54:16] RISK FACTORS TO CITIES. NOT ALL CITIES ARE THE SAME. I THINK WE [04:54:21] HAVE A UNIQUE SITUATION IN TERMS OF WITH OUR STRAND, AND IT IS A [04:54:30] MIXED USE PATHWAY HIGHLY USED AND ALWAYS HAD ISSUES RELATED TO [04:54:37] BICYCLES AND PEDESTRIANS AND THAT MIX. AND NOW WITH INTEGRATION [04:54:42] OF OTHER ELEMENTS, IT IS BECOMING REALLY DIFFICULT. I NOTICED IN [04:54:46] THE WAY THAT THE PILOT MOBILITY AGREEMENT IS. IT IS THE [04:54:55] COMPANY'S RESPONSIBILITY FOR EDUCATING THE PUBLIC. IN SOME [04:55:00] DISCUSSION HERE, I LEARNED WHILE THAT IS TRUE, IT IS THEIR [04:55:05] RESPONSIBILITY AND ALSO SOMETHING THAT THEY WORK WITH CITIES ON [04:55:08] IN TERMS OF THEIR UNIQUE SITUATIONS AND THEIR NEEDS. IN TERMS OF [04:55:14] LOOKING AT UNIQUE CONDITIONS, I WOULD LIKE TO HEAR FROM SOME [04:55:18] SERVICE PROVIDERS DIFFERENT WAYS IN WHICH THEY WORK WITH PROBLEMS [04:55:23] SUCH AS THIS. [04:55:24] THAT WE HAVE HERE. IT SEEMS TO ME SPEEDING ISSUE IS [04:55:32] CRITICAL, AND WE GET PEOPLE TO RESPECT THE EIGHT MILES AN HOUR. [04:55:38] I HAVE TO SAY THAT WE HAVE EIGHT MILES AN HOUR BECAUSE I [04:55:43] PROPOSED THAT TO CITY COUNCIL YEARS AGO WHEN THINKING OF LIFTING [04:55:49] ALL SPEED LIMITS. I BROUGHT THEM A MODEL WHAT WAS BEING DONE IN [04:55:54] SAN DIEGO AND MISSION BEACH AFTER A MILLION DOLLAR STUDY. [04:55:59] I WAS HAPPY TO SAY THEY ADOPTED IT THEN. PEOPLE ALWAYS [04:56:03] WONDER WHERE EIGHT MILES AN HOUR COMES FROM. [04:56:06] >> THIS GUY. [04:56:07] >> AUDIENCE: [LAUGHING]. [04:56:08] >> YEAH. I WILL TAKE OWNERSHIP OF THAT ONE. THE -- AT ANY [04:56:15] RATE, THERE IS A COUPLE THINGS I WOULD LIKE TO MENTION. YOU SAID [04:56:21] KEY POINT AREAS. EDUCATION IS A BIG ONE. HOW THESE COMPANIES [04:56:27] NOW, WHO -- WE WANT TO BENEFIT FROM EXPERIENCES COMPANIES HAVE [04:56:34] HAD OF TRYING TO REGULATE SAFETY ISSUES AND WORKING WITH THEM TO [04:56:44] ADDRESS UNIQUE CONDITIONS. WE ARE NOT LIKE OUR NEIGHBORING [04:56:48] CITIES. OUR STRAND IS DIFFERENT THAN WHAT YOU WOULD FIND IN [04:56:51] MANHATTAN AND REDONDO BEACH AND COMPLETELY DIFFERENT THAN WHAT [04:56:56] YOU WOULD FIND IN THE MAJORITY OF COG CITIES. WHEN THEY COME UP [04:57:06] HERE, I PERSONALLY WOULD REALLY LIKE TO HEAR ABOUT THAT. THEN [04:57:13] THIS ISSUE HOW FLEETS ARE REGULATED YOU SUGGESTED A PARTICULAR [04:57:17] NUMBER IN TERMS OF WHAT THAT IS. I KNOW THERE IS A STRATEGY ON [04:57:24] THAT. HEARING ABOUT THAT FOR ME WOULD BE REALLY HELPFUL. [04:57:28] AND YOU -- WE CAN'T TALK ABOUT TICKETING, AND WE CAN'T TALK [04:57:32] ABOUT REGULATING WITHOUT INCORPORATING THE CONVERSATION IN [04:57:40] RELATION TO SIGNAGE. WE -- I AM NOT PARTICULARLY -- I'M NOT 62 of 75 [04:57:45] OPPOSED TO THE IDEA OF GIVING PEOPLE WARNINGS BUT SHOULD SAY THAT [04:57:50] NEXT TIME IT WILL BE A TICKET I HAVE NO IDEA IF IT IS A VERBAL OR [04:58:02] PHYSICAL WARNING OR GIVING INSTRUCTIONS THAT YOU ARE GETTING A [04:58:06] WARNING NOW BUT AT A CERTAIN POINT YOU HAVE TO GIVE THEM. IT IS [04:58:10] CERTAINLY WARNING IT IS COMING, AND IT IS HERE. I WILL TELL YOU [04:58:16] -- THE FACT OF THE MATTER YEARS AGO WHEN CITY FIRST PUT SPEED [04:58:21] LIMIT ON STRAPPED AT EIGHT MILES AN HOUR, A PERSON WAS TICKETED [04:58:26] FOR GOING 20 MILES AN HOUR ON THEIR BIKE ON THE STRAND. LOCAL [04:58:31] MEDIA WROTE A STORY ON IT. I SWEAR TO YOU PEOPLE SLOWED DOWN. [04:58:36] WE KNOW ENFORCEMENT WORKS, AND WE HAVE TO DO IT, BUT IT IS SORT [04:58:41] OF LIKE THE CARROT. YOU KNOW? [04:58:43] YOU WANT TO AMEND BEHAVIOR. I WOULD BE INTERESTED TO KNOW [04:58:48] IN WHAT CONTEXT ARE THEY DOING THE WARNINGS? [04:58:55] >> THEY ARE VERBAL WARNINGS AT THIS TIME. [04:58:58] >> THAT IS JUST NOT ENOUGH. PLEASE DON'T DO IT. NEXT TIME [04:59:02] WHEN YOU DO IT WITH YOUR CHILDREN, WE KNOW HOW IT WORKS. I WOULD [04:59:06] -- YOU KNOW, LIKE A SIGN THAT SAYS SPEEDING WILL COST YOU X [04:59:15] DOLLARS OR SOMETHING THAT PEOPLE REALIZE IS COMING HAS TO BE PART [04:59:18] OF THE STRATEGY MOVING FORWARD. AGAIN, I LOOK TO SOME OF THE [04:59:23] EXISTING COMPANIES OUT HERE THAT ARE DEALING WITH SAFETY ISSUES [04:59:27] AND OTHER CITIES IN TERMS OF AMENDING BEHAVIOR IN TERMS OF HOW WE [04:59:33] MIGHT DO THAT. SEEMS TO ME THAT WILL BE OUR GREATEST CHALLENGE [04:59:39] IF IN RELATION TO TRYING TO -- WE HAVE NEVER BEEN SUCCESSFUL IN [04:59:43] EFFECTING BEHAVIOR CHANGE WE NEED IN TERMS OF PEOPLE ABIDING BY [04:59:48] AND DRIVING OR WRITING SENSIBLY ON THE STRAND. LIKE I SAY, GOING [04:59:57] BACK BEFORE ELECTRIC VEHICLES STARTED SHOWING UP, THIS WAS AN [05:00:01] ISSUE IN THE CITY WE HAVEN'T PROPERLY ADDRESSED. THIS IS THE [05:00:06] TIME. I WANT TO SAY THESE INDIVIDUALS WILL COME UP HERE AND TALK [05:00:11] ABOUT THEIR COMPANIES AND SO FORTH AND SO ON. I WOULD BE [05:00:18] INTERESTED TO KNOW IN EDUCATIONAL COMPONENT DIFFERENT STRATEGIES [05:00:22] THEY USE TO ASSIST CITIES INFORMATIONALLY OR FINANCIALLY IN TERMS [05:00:28] OF RESOURCES TOO THAT CAN BE PUT TOWARDS DOING THAT. [05:00:31] >> ALL RIGHT. [05:00:33] >> THANK YOU. [05:00:34] >> ANY OTHER QUESTIONS? [05:00:36] >> MAYOR PRO TEM? [05:00:37] >> THANK YOU. QUICK QUESTION ON PROPOSED SIGNAGE EXAMPLE, [05:00:43] LEANNE, WHERE THERE IS WORDS AT BOTTOM THAT SAY ON STRAND PIER OR [05:00:49] PIER PLAZA WHILE IT IS IN USE. IS THAT COMMON THING MOTORIZED [05:00:58] OWNER WOULD CONSIDER? WOULD THEY RECOGNIZE THAT? I UNDERSTAND [05:01:04] POWER IS ON OR OFF. [05:01:06] >> RIGHT. WITH ELECTRIC SCOOTERS AND SKATEBOARDS, IT WOULD [05:01:13] BE DIFFICULT TO MANEUVER WITHOUT POWER AND USE BUT SEVERAL [05:01:18] BICYCLES YOU CAN HAVE POWER OR PEDAL ASSIST ON IT TURNED OFF. [05:01:24] THOSE FOLKS THAT IS PART OF WHAT WE ADOPTED IN MUNICIPAL CODE. [05:01:30] THERE WAS CONCERN FROM FOLKS THAT SAY I RIDE MY BIKE UP AND DOWN [05:01:34] THE STRAND AND BIKE PATH FROM HERE TO SANTA MONICA. TO NOT BE 63 of 75 [05:01:41] ABLE TO USE THAT COMPONENT WOULD ESSENTIALLY FORCE ME TO THE [05:01:47] STREET EVEN THOUGH WE TURNED IT OFF. WE MADE THAT AMENDMENT THAT [05:01:52] ESSENTIALLY IF THEY OPERATE WITHOUT THE POWERS IN USE AND OPERATE [05:01:58] AT THE SPEED LIMIT IT IS OPERATING AS A NORMAL BIKE. [05:02:04] >> OKAY. THE QUESTION IS IN RELATIONSHIP TO CLARITY ABOUT [05:02:07] THE SIGN AND KEEP THINKING ABOUT THE CLEAREST WAY TO SAY THAT, [05:02:12] THE MOST POSSIBLE SWATH OF PEOPLE ON THESE DEVICES WOULD [05:02:16] UNDERSTAND IT IS WHERE I WAS GOING. I HAD ONE OTHER QUESTION [05:02:20] ABOUT -- IT IS FUNNY. I JUST -- WE GET THESE THINGS IN THE MAIL. [05:02:26] THIS CAME THIS WEEK WESTERN ARTICLE THERE IS SOMETHING IN THIS [05:02:32] ISSUE ABOUT SCOOTERS BEHAVING BADLY. LOTS OF CONCERN ABOUT THIS [05:02:38] AND ONE THING TALKED ABOUT WAS INTOXICATED RIDERS. I DON'T KNOW [05:02:44] HOW MUCH IT HAS COME UP IN ALL OF THE WORK YOU HAVE DONE BUT [05:02:48] SEEMS LIKE AN ELEVATED CONCERN THAT NEEDS TO BE MANAGED FOR TO [05:02:58] YOU HAVE A COMMENT ON THAT? COULD WE CITE SOMEONE FOR SPEED OR [05:03:03] INTOXICATED WRITING? [05:03:06] >> UNFORTUNATELY, I DON'T KNOW THE ANSWER TO THAT. I WOULD [05:03:10] HAVE TO REFER TO ACTING CHIEF MCKINNON AND PHILLIPS AND CHIDE ON [05:03:17] THAT MATTER. [05:03:18] >> OKAY. [05:03:19] >> I WOULD JUMP IN AND SAY IT WOULD BE THE SAME ON [05:03:22] PRIVATELY OWNED SKATEBOARD OR SCOOTER YOU COULD CITE FOR BEING [05:03:30] UNDER THE INFLUENCE THESE ARE SPECIALIZED VEHICLES. [05:03:35] >> IT MIGHT COME UP AS AN ISSUE HERE. [05:03:38] >> RIGHT. I WANT TO COMMENT I HAVE SEEN PROBLEMATIC IN [05:03:44] SOME CITIES LIKE THIS EQUIPMENT HAS BEEN ALLOWED WITHOUT [05:03:49] GUIDELINES AND REGULATIONS. THE CITY OF SAN DIEGO IS AN EXAMPLE [05:03:58] OF THAT. THEY CAN BE OUT THERE 24/7. THERE IS NOT OPERATING [05:04:04] HOURS. ADOPTING GUIDELINES THAT ADDRESS SOME OF THE SAFETY [05:04:08] CONCERNS INCLUDE NIGHTTIME WRITING WON'T ADDRESS 100% OF THE [05:04:14] INFLUENCE, BUT IT WILL GRAB A LARGER COMPONENT OF THAT BY [05:04:21] ESTABLISHING PRETTY COOL OPERATING HOURS. [05:04:25] >> SECOND COMMENTS OF CONCERN ABOUT CITATIONS AND MORE [05:04:30] BROADLY THAN JUST ELECTRIC VEHICLES. WE HAVE LOTS IN TOWN AND [05:04:36] THIS GOES WITHOUT SAYING BUT THIS HAS COME UP A LOT IN ONE OF THE [05:04:41] THOUGHTS GIVEN OUR LIMITED OFFICERS OUT. AND CSOS AND SO ON. [05:04:49] THERE MIGHT BE A FOCUS OF CONCENTRATION IN A DIFFERENT AREA. NO [05:04:54] IMPLICATION THAT WE NO HE THAT THINGS CAN BE COVERED ALL THE [05:04:58] TIME. IF YOU GOT A REPUTATION FOR BEING ON SITE ON AT LEAST [05:05:03] OCCASIONALLY ON A LOCATION WRITING SPEEDING TICKETS ON EIGHTH [05:05:10] STREET FOR EXAMPLE AND ON THE STRAND, WORD WOULD GET AROUND. YOU [05:05:14] WILL GET A TICKET. I WANTED TO SAY I AGREE. [05:05:18] >> THANK YOU. [05:05:19] >> THANK YOU FOR THAT. [05:05:20] >> YOU CLEARLY FEEL VERY PASSIONATE ABOUT THAT. [05:05:24] >> I UNDERSTAND IT HAS BEEN HEARD. [05:05:26] >> I OFFER TO THE CHIEF WHATEVER TRAINING WE NEED TO GET 64 of 75 [05:05:30] GIVE US THE SITE PAD, WE ARE HERE TO ASSESS. [05:05:34] >> IF WE WRITE ENOUGH TICKETS, WE COULD FUND SOME PEOPLE [05:05:38] TOGETHER. [05:05:39] >> YES. [05:05:40] >> ONE LAST COMMENT, COUNCILMEMBER. THANK YOU, MADAM [05:05:46] MAYOR. ONE THING THAT WORKED BEFORE, I FORGET THE TERMINOLOGY. [05:05:50] YOU GET PARTIERS FROM OTHER CITIES TO STEP IN, IN ONE CITY AND DO [05:05:56] MULTIPLE ENFORCEMENTS. A YEAR AGO, WE HAD 10 OR 15 MOTORCYCLES [05:06:04] AND CARS ON PIER PLAZA AND IN DOWNTOWN AREA, AND ONE THING WE [05:06:12] PROMOTED WAS NO SMOKING. DOCTOR, SOMEBODY LIT UP A CIGARETTE AND [05:06:19] GOT ON A SPEAKER AND SAID SMOKING IS NOT ALLOWED HERE. POINT [05:06:23] ACROSS, PERSON SMOKING KNEW ABOUT IT AND EVERYBODY THAT COULD [05:06:29] HEAR KNEW IT IS NOT ALLOWED. IF YOU CAN GET SEVERAL POLICE [05:06:35] OFFICERS AND CSOS AND PARTNER CITIES SAYING, HEY, THIS WEEKEND WE [05:06:41] WILL DO HERMOSA BEACH OR -- IF IT MAKES THE NEWS PEOPLE READ THE [05:06:51] NEWS. PEOPLE KNOW THEY ARE ACTUALLY GETTING TICKETS AND CITED [05:06:57] AND THEY LOOK AT NEXT TIME THEY ARE NEEDED OUT THERE WHAT THEY [05:07:02] HAVE TO DO. [05:07:03] >> THANK YOU. [05:07:04] >> ALL RIGHT. NO MORE QUESTIONS. WE ARE GOING OPEN IT UP [05:07:09] FOR PUBLIC COMMENT. WE HAVE CARDS. [05:07:11] >> WE DO. [05:07:12] >> MADAM CLERK. [05:07:14] >> FIRST IS CARLA O. I APOLOGIZE. AND FOLLOWING HER, [05:07:22] STEVE COLLINS WOULD BE NEXT. [05:07:24] >> ALL RIGHT. WELCOME CARLA. [05:07:27] >> HI THERE. GOOD EVENING. I'M CARLA, 1A. I'M COMMUNITY [05:07:35] AFFAIRS FOR LA REGION. FIRST AND FOREMOST, THANK YOU FOR [05:07:40] ALLOWING ME TO SPEAK. I'M HERE TO GIVE PUBLIC COMMENT REGARDING [05:07:48] DOCKLESS SCOOTERS. PROVIDING AFFORDABLE, CONVENIENT, AND [05:07:55] ENVIRONMENTAL MODES OF TRANSPORTATION. [INDISCERNIBLE] WAS [05:08:03] FOUNDED IN GENERAL 2017 AND IN THE PAST TWO YEARS SEEN LIME GROW [05:08:10] IN PRESENCE, AND WE HAVE PROVIDED OVER 35 MILLION RIDES TO RIDERS [05:08:16] ACROSS THE WORLD. PEOPLE ARE CHOOSING TO TRAVEL BY SCOOTER NOT [05:08:22] ONLY BECAUSE IT IS EASY AND AFFORDABLE, BUT THEY ARE FUNCTIONAL. [05:08:31] 30% ARE USING THEM TO GET TO SCHOOL AND WORK AND 35% ARE USING [05:08:36] THEM TO GET TO DINING AND ENTERTAINMENT. WE HAVE SOME CONCERNS [05:08:42] OVERALL LIME IS ENCOURAGE BY FIRST STEP THAT SB COG DRAFT [05:08:49] GUIDELINES REPRESENTS THEY ARE A REFLECTION OF SINCERE EFFORT OF [05:08:57] THE COG -- DOCUMENT SHARED MOBILITY SYSTEMS TO EXIST IN THE SOUTH [05:09:02] BAY COMMUNITIES WE LOOK FORWARD TO PROVIDING ADDITIONAL FEEDBACK [05:09:06] TO STAFF. LIME CAN BRING TRANSPORTATION OPTIONS TO HERMOSA BEACH [05:09:13] RESIDENTS WE ARE. HOPEFULLY, WE CAN WORK WITH YOU TO MAKE IT A [05:09:17] REALITY. CONSIDER LIMES RESPECTFUL RECOMMENDATION THAT YOU VOTE [05:09:22] TO MOVE FORWARD WITH PARTICIPATING IN SOUTH BAY SHARED MOBILITY [05:09:27] PILOT PROGRAM. THANKS FOR YOUR TIME AND ALLOWING LIME TO BE PART [05:09:33] OF THE DECISION-MAKING PROCESS. 65 of 75 [05:09:34] >> THANK YOU. [05:09:39] >> STEVE? [05:09:40] >> AFTER STEVE IS DAVID. [05:09:44] >> THANK YOU. [05:09:45] >> GOOD EVENING, MAYOR ARMATO AND MEMBERS OF THE COUNCIL [05:09:52] AND STAFF. I'M STEVE COLLINS AND RESIDENT OF REDONDO BEACH. [05:10:00] BIKE COALITION AND -- AND I'M HERE TO SPEAK ON BEHALF OF MY [05:10:11] COMPANY. DOCKLESS BIKE SHORE WAS A PANACEA AND TOOK US BY STORM [05:10:16] AND WOULD SOLVE OUR TRANSPORTATION PROBLEMS SMALL TRIPS AND LAST [05:10:21] MILE SOLUTION TODAY USE OF DOCKLESS BIKE SHARES IS GONE LIME THAT [05:10:26] SPOKE HERE PULLED ALL BIKES OUT OF SEATTLE AND SANTA MONICA TREND [05:10:32] ACROSS COUNTRY IS THE SAME PEOPLE ARE NOT INTERESTED IN RIDING [05:10:35] BIKES FROM POINT A TO POINT B. CONVERSATION MOVED TO SCOOTERS [05:10:41] CONCERNED IN SCOOTERS TRADITIONAL BIKE BUSINESS OPERATORS HAVE [05:10:46] NOT BEEN ABLE TO KEEP RIDERS OFF THE STRAND OR SIDEWALKS WE TALK [05:10:50] ABOUT EDUCATION WHO AMONG US BY AGE 10 DIDN'T KNOW WE ARE NOT [05:10:55] SUPPOSED TO RIDE OUR SCOOTERS ON A SIDEWALK. IT IS LIP SERVICE. [05:11:01] THEY DON'T MEAN IT ON THE STRAND TO SEE THE STRAND. IF THEY [05:11:07] CAN'T KEEP SCOOTERS OFF THERE, WE HAVE TO GET IN THAT BUSINESS. [05:11:12] WE DON'T WANT TO. IT IS UNSAFE. STATISTICS I SHARED WITH YOU [05:11:17] EARLIER BY E-MAIL. SANTA MONICA, 241 PEOPLE WENT TO THE [05:11:25] EMERGENCY ROOM BECAUSE OF SANTA MONICA PROGRAM FOR SCOOTER SHARE. [05:11:30] HAD THEY NOT HAVE HAD A PROGRAM, THOSE 249 PEOPLE WOULDN'T HAVE [05:11:35] GONE TO THE HOSPITAL. THIS IS A CALCULATION THAT DOESN'T GET [05:11:38] TALKED ABOUT ENOUGH. SEATBELTS AND SMOKING AND HELMET LAWS, THIS [05:11:43] IS THE BIGGEST STEP BACKWARDS IN PUBLIC SAFETY I CAN RECALL IN MY [05:11:50] LIFETIME. IF SANTA MONICA HAVE APPARATUS ON SIDEWALKS, WE [05:11:56] PRESUMED THEY VETTED THOSE VEHICLES. PEOPLE COME TO THEIR TOWN, [05:12:01] AND THEY CAN TRUST THAT SANTA MONICA CAN HANDLE THEM. THEY [05:12:07] CAN'T. THEY ARE TOO FAST AND NOT SUITABLE FOR RIDING OVER [05:12:12] POTHOLES AND RUNNING INTO CURBS AND PEOPLE HAVE LOTS OF SOLO [05:12:16] ACCIDENTS AND THIS IS NOT GETTING ATTENTION. WE ARE GUNG HO FOR [05:12:20] LAST MILE THING PAY ATTENTION TO MORE IMPORTANT COSTS HOW MANY [05:12:24] PEOPLE WILL WE TRADE WELL-BEING OF FOR THIS EXPERIMENT? [05:12:31] COG PLAN NEEDS ADDITIONAL WORK. IT IS NOT READY. THEY [05:12:37] WON'T ENFORCE LAWS ON THE STRAND, WHICH, I THINK, WILL BE A [05:12:42] PROBLEM FOR US. WE HAVE TO DO LOTS OF WORK ON COG PROGRAM BEFORE [05:12:46] WE CONSIDER ADOPTING IT. THANK YOU. [05:12:48] >> THANK YOU, STEVE. DAVID? [05:12:51] >> AFTER DAVID IS TIM. [05:12:56] >> I WILL MAKE REMARKS THAT MIGHT FACILITATE HOW YOU THINK [05:13:01] OR TALK ABOUT THIS. WE KNOW THIS IS COMING AND YOU READ A LOT [05:13:07] ABOUT IT IN THE MEDIA. I'M GLAD WE ARE WORKING THROUGH THE COG. [05:13:11] IT IS BETTER TO GET AHEAD OF IT THAN NOT BE AHEAD OF IT. THE [05:13:15] CONCEPT I WANT TO SHARE IS THIS CAN BE A DIFFICULT TOPIC TO TALK [05:13:19] ABOUT SOMETIMES. SO MANY DIFFERENT FACETS TO IT AND TECHNOLOGIES [05:13:24] COMING INTO PLAY. WE SEEM TO HAVE DIFFERENT OPTIONS. JUST 66 of 75 [05:13:31] TALKING ABOUT IT LET ALONE REGULATING IT AND HARMONIZING. IT IS [05:13:36] A CHALLENGE. THE WAY I LOOK AT IT IS THERE ARE THREE [05:13:40] CHARACTERISTICS SPN. IT IS SHARED. IT COULD BE POWERED OR IT [05:13:47] COULD BE NOT A BIKE. THAT IS IT IS A LESS TRADITIONAL TYPE OF A [05:13:52] DEVICE. THE THING WITH THE SHARED IS THE PEOPLE DON'T HAVE IT [05:13:57] WITH THEM NECESSARILY ALL THE TIME GOING FROM POINT A TO B. AND [05:14:03] ONE THING YOU GET WITH THAT, A LOT IS CLUTTER THAT SHOWS UP AND [05:14:07] CHANCES IT CAN BE OBSTACLE IN YOUR WAY AND OTHER PROBLEMS WITH [05:14:11] THAT THING WITH IT BEING POWERED. IT CAN GO FAST NOT THAT OTHER [05:14:16] THINGS CAN'T. [05:14:19] IT COULD BE LOUD AND SOMETHING YOU ARE NOT USED TO. HAS [05:14:23] ENHANCED RISK IN TERMS OF SAFETY HAZARDS. [05:14:28] THIRD THING, BIKES. PEOPLE ARE USED TO IT RIDING THEM. [05:14:33] RODE ALL THEIR LIVE AND RULES OF THE ROAD TO NOT OPERATE IN THE [05:14:37] STREETS AND VEHICLE CODES RELATED TO OTHER DEVICES NOT ALWAYS [05:14:43] CLEAR HOW IT WORKS IN PRACTICE. WHAT HAPPENS IS OPTIONS HAVE [05:14:48] MULTIPLE CHARACTERISTICS. YOU HAVE A LIME SCOOTER THAT IS [05:14:53] POWERED AND NOT A BIKE AND SHARED. IT HELPS IN YOUR MIND WHEN [05:15:01] GIVEN AN ITEM THINK OF SPM, WHICH OF THE THREE CHARACTERISTICS IS [05:15:06] THERE YOU HAVE TO DEAL WITH IN TRYING TO EVALUATE IT. THAT IS [05:15:13] SOMETHING HELPING ME. I NOTICED ONLINE SURVEY. HOW DO YOU FEEL [05:15:21] ABOUT DEVICES. PEOPLE WERE CONFUSED WITH MIXING ELECTRIC BIKES [05:15:29] WITH SCOOTERS. I THOUGHT I WOULD SHARE MY WAY OF LOOKING AT IT. [05:15:33] IT ALSO GOES TO THESE TEND TO ENHANCE EXISTING PROBLEMS. [05:15:38] SOMEBODY COULD BE RIDING 20 MILES PER HOUR ON STRAND, AND IT IS [05:15:44] STILL A PROBLEM. IN A WAY, IT IS HARD TO TALK ABOUT IT AND [05:15:50] REGULATE IT, AND IT SEEMS TO BE MORE COMPLEX AND ENHANCES ALL [05:15:55] PROBLEMS WE HAVE. GOOD LUCK WITH THE CHALLENGE. [05:15:58] >> THANK YOU. [05:16:06] >> TIM? [05:16:07] >> GOOD EVENING. I AM TIM, AND I KNOW IT IS LATE. I WOULD [05:16:12] LIKE TO KEEP IT SHORT. -- DRAFTED OVER THE PAST SIX MONTHS. WE [05:16:17] HAVE A FEW CONCERNS BUT WORKING GROUP IS WORKING WITH PROVIDERS [05:16:22] TO HAVE A SUCCESSFUL PILOT PROGRAM. I ASK FOR OPERATORS [05:16:28] RESPONSES, AND FIRST IS THE STRAND. I KNOW COMMUNITY DOESN'T [05:16:31] WANT MOTOR DEVICES ON THE BIKE PATH. WE HAVE TECHNOLOGY TO BRING [05:16:35] DOWN SPEEDS, SO MOTOR IS INEFFECTIVE THUS MAKING SCOOTER ONLY [05:16:40] MOVE VIA HUMAN POWER. PARKING LOCATIONS AROUND THE CITY [05:16:46] ENCOURAGE THEM TO PARK IN THOSE LOCATIONS. WE WORK WITH EACH [05:16:53] UNIQUE COMMUNITY TO WORK ON THOSE NEEDS. YOU CAN'T PARK ANYWHERE [05:17:00] ON BEACH BIKE PATH. I SHARED WITH A COUPLE OF YOU STUDY DONE BY [05:17:10] SAN JOSE STATE UNIVERSITY SHOWED 90% NOW PARK IN APPROPRIATE [05:17:16] LOCATIONS EDUCATION WORKS WE APPROACH TWO YEARS OPERATIONS AND [05:17:21] CONSTANT [INDISCERNIBLE] OF RIDERS SHOWED US RIDER EDUCATION AND [05:17:27] -- WE WORK WITH POLICE AGENCIES WE DO CONSTANT SOCIAL MEDIA AND [05:17:39] CAMPAIGNS TO EDUCATE WRITERS AND COMMUNITY EVENTS. I CAN'T REACH [05:17:46] PRIVATE PEOPLE USING DEVICES BUT PUBLIC ONES AND EDUCATE THEM ON 67 of 75 [05:17:54] -- OUTREACH EDUCATION EVENTS IN COMMUNITY WE -- IS [READING FROM [05:18:02] TEXT] WE DID IT WITH 311 IN LA. SCOOTER IS REPORT INCORRECTLY [05:18:07] PARKED IT GOES TOT OPERATOR TO RESOLVE AND COMMUNITY REPORT [05:18:12] IMPROPER BEHAVIOR AND PARKING AND SEEN THAT AFTER WE DO RIDER [05:18:17] EDUCATION. AFTER WE DO RIDER EDUCATION AND E-MAIL BEHAVIOR [05:18:23] CHANGES THIS WON'T BE SAN DIEGO OR OTHER CITIES SEEN SCOOTERS [05:18:29] EVERYWHERE. -- ENCOURAGES PEOPLE TO USE SHARED MOBILITY OVER A [05:18:36] CAR. ONE THING THAT GOT LOST IN THE CONVERSATIONS NIGHT IS DATA [05:18:40] I ASK YOU DATA SHARED PROVIDERS -- SUSTAINABILITY AND CARMEN [05:18:50] NEUTRAL. SHOW THE WORLD IS SHOWING US THAT 1/3 OF RIDERS WOULD [05:18:55] HAVE USED PERSONAL CAR OR UBER OR LYFT IF DIDN'T WANT -- SUPPORT [05:19:01] SUSTAINABLE AFFORDABLE SAFE CONVENIENT WAYS OWE GET FROM POINT [05:19:05] THE A TO POINT B WITHOUT JUMPING IN A CAR. THANK YOU FOR YOUR [05:19:11] TIME. [05:19:12] >> THANK YOU, TIM. ANYONE ELSE FOR PUBLIC COMMENT? SEEING [05:19:16] NO ONE. I WILL CLOSE PUBLIC COMMENT AND BRING IT BACK UP HERE [05:19:20] FOR DISCUSSION. WHO WOULD LIKE TO START US OFF? COUNCILMEMBER [05:19:25] MASSEY? [05:19:26] >> OF COURSE. [05:19:27] >> AUDIENCE: [LAUGHING]. [05:19:28] >> OKAY. I TALKED TO BOTH SIDES OF THE DEBATE THAT WANTED [05:19:39] TO ENGAGE, AND I THOUGHT ABOUT THIS A LOT AND CONSIDERED PUBLIC [05:19:43] COMMENT A BIT. AS I SHARED WITH A COUPLE PEOPLE WHO SPOKE WITH [05:19:49] TODAY ON EITHER SIDE OF THE ISSUE. MY POSITION IS AS IT WAS WHEN [05:19:53] WE SPOKE ABOUT THIS LAST TIME. I THINK IT IS PROBABLY BEST [05:19:57] ENCAPSULATED BY CIVIC VIDEO YOU CAN FIND ON EASY RIDER WEBSITE. [05:20:07] A COUPLE OTHER PEOPLE WHOSE NAMES ESCAPE ME IN A MINUTE. TOPIC [05:20:13] THEY DISCUSSED IS SHARED MOBILITY DEVICES AND SCOOTER SHARE. [05:20:17] CONSENSUS WAS FOLKS WERE SUPPORTIVE OF IT RECOGNIZING IT CAN BE A [05:20:23] NUISANCE AND CAN CREATE PUBLIC SAFETY ISSUES IF WELL-MANAGED THEY [05:20:30] HAVE SIGNIFICANT UPSIDE TO COMMUNITIES IN TERMS OF EXPANDING [05:20:34] TRANSPORTATION OPTIONS AND ACHIEVING BROADER GOALS OF [05:20:39] SUSTAINABILITY AND SO ON. IT ENCAPSULATES WHERE I AM COG [05:20:45] GUIDELINES NEED SOME WORK, I THINK. I THINK IT IS PRIMARILY [05:20:50] SECTION 8, WHICH IS ENFORCEMENT. IT SAYS THAT CITIES WILL [05:20:54] ENFORCE. I WOULD LIKE PROVISIONS IN THERE THAT REQUIRE [05:21:02] STATE-OF-THE-ART DEPLOYMENT OF THE TECHNOLOGY THAT PROVIDERS HAVE [05:21:07] TO IDENTIFY AND RID THE PLATFORM OF VIOLATORS WHETHER PEOPLE WHO [05:21:16] PARK IN THE WRONG PLACE AND WHETHER PEOPLE THAT RIDE IN THE WRONG [05:21:20] PLACE. ULTIMATELY, RIDING OFF THE STREET AND PARKING OFF THE [05:21:24] STREET ARE WHERE THE PROBLEMS HAPPEN IT SEEMS TO ME. IF RIDING [05:21:28] ON THE STREET YOU ARE LIKE ANY OTHER VEHICLE IF RIDING ON STRAND [05:21:32] PIER PLAZA, LORETO PLAZA, OR AT PARKS OR SIDEWALKS. YOU ARE A [05:21:41] PROBLEM. WE DON'T WANT YOU IN HERMOSA BEACH, AND LIME AND BIRD [05:21:46] DON'T WANT YOU RIDING THEIR SCOOTERS. THEY ARE NOT ONLY [05:21:50] LIABILITY FROM RIDING SCOOTERS BUT FROM REPRESENTATIONAL [05:21:58] PERSPECTIVE. GUIDELINES OF HERMOSA BEACH WOULD PUT DOWN NEED TO 68 of 75 [05:22:04] ARE THAT THE INDUSTRY STATE OF THE ART IN TERMS OF TECHNOLOGY [05:22:10] THEY APPLY TO MAKE SURE PEOPLE USING THEIR SCOOTERS ARE USING [05:22:14] THEM CONSISTENT WITH NOT ONLY OPERATOR EXPECTATIONS BUT OUR [05:22:19] EXPECTATIONS AS A COMMUNITY ARE DEPLOYED TO MAXIMUM EFFECT TO [05:22:25] MAKE SURE PEOPLE USING SCOOTERS WILL PARK AND USE THEM [05:22:30] RESPONSIBLY. [05:22:31] TWO OTHER THINGS I WILL MENTION. [05:22:42] HELMETS, STATE LAW DOESN'T REQUIRE HELMETS TO BE USED ON [05:22:48] UNSHARED SCOOTERS. I WOULD LIKE US TO REQUIRE OPERATORS TO [05:22:52] INCENTIVIZE SCOOTERS. EXCUSE ME. USE OF HELMETS MONETARILY. [05:23:05] DISCOUNT FOR USERS TO DEMONSTRATE THEY ARE USING A HELMET. NOT [05:23:10] SURE IF PERCENTAGE DISCOUNT OR BIRD IS DOING PILOT IN FLORIDA AS [05:23:15] I UNDERSTAND IT FROM TIM, A DOLLAR DISCOUNT OFTEN RIDES FOR [05:23:20] PEOPLE TO USE THEIR HELMETS. WE HAVE TO PROVIDE FINANCIAL [05:23:25] INCENTIVE FOR PEOPLE TO USE HELMETS. I THINK PEOPLE THAT USE [05:23:28] THESE MOST AND FOR LONGEST TRIPS WILL BE PEOPLE THAT USE THEM FOR [05:23:33] COMMUTING PURPOSES AND OTHERWISE THEY ARE THE TYPE OF USER THAT [05:23:36] IS LIKELY TO SAVE SIGNIFICANT MONEY IF THEY ARE USING THEM [05:23:40] FREQUENTLY ENOUGH BY WEARING A HELMET THAT KIND INCENTIVE WILL BE [05:23:45] MEANINGFUL IN INCREASING BEHAVIOR AND SAFETY OF USAGE AND WITH [05:23:50] RESPECT TO REVENUE BIRD PREVIOUSLY ADVISED THAT THEY HAD A [05:23:57] PROGRAM BY WHICH THEY WOULD PAY CITIES IN WHICH THEY OPERATED A [05:24:01] DOLLAR PER SCOOTER PER DAY THAT IS NO LONGER THE CASE. IN [05:24:13] LOOKING AT HOW YOU WOULD HAVE REVENUE THAT GOES TO ABILITY TO [05:24:16] PRODUCE COG GUIDELINES CONSISTENT WITH COMMUNITY EXPECTATIONS, I [05:24:23] LOOK FOR COMPARATIVE ANALYSIS AS TO HOW RENTAL CARS ARE TAXED. [05:24:31] THEY ARE A DIFFERENT MODE OF TRANSPORTATION BUT RENTED FOR PERIOD [05:24:36] OF TIME TO GET YOU FROM POINT A TO POINT B AND USAGE FOR TIME [05:24:41] PERIOD YOU RENT IT. CLOSEST ANALOG I COULD FIND WAS ENTERPRISE [05:24:46] CAR RENTAL WE HAVE AT PCH AT 7TH OR 9TH STREET OR 6TH OR 7TH. I [05:24:56] CLICKED THROUGH TO SEE WHAT RENTING A CAR WOULD BE TO SEE WHAT [05:25:02] THE TAXES WERE ENTERPRISE WEBSITE WHEN YOU RENT A CAR. IN [05:25:07] ADDITION TO THE RENTAL FEE, YOU ARE CHARGED A SALES TAX OF 9.5%. [05:25:15] NOT SURE HOW IT IS CALCULATED -- AND HERMOSA BEACH CITY TAX. I [05:25:24] TALKED TO TIM ABOUT THAT. MY UNDERSTANDING CLEARLY IS ANY [05:25:31] OPERATOR RENTING SCOOTER RIDE IN ANY EVENT SCOOTER RIDES IN [05:25:47] HERMOSA BEACH WOULD GENERATE SCOOTER REVENUE WE WILL GET OUR [05:25:56] PORTION OF THAT BACK ON TOP OF THAT, WE AS A CITY HAVE THE [05:26:00] ABILITY TO ASSESS A PER RIDE FEE. SO FOR EXAMPLE PORTLAND OREGON [05:26:08] ASSESSES $0.25 PER RIDE FEE. WE CAN DO BETTER THAN THAT NO [05:26:17] OFFERS TO BIRD AND LIME IN THE AUDIENCE. I THINK WE CAN PROBABLY [05:26:21] ASSESS A $0.30 PER RIDE FEE OR SOMETHING LIKE THAT. WE ARE A [05:26:26] HIGHLY DESIRABLE MARKET. THIS IS A PROFITABLE ENTERPRISE. WE [05:26:37] DESERVE TO GENERATE REVENUE TO ENFORCE IT TO USE IT PROPERLY TO [05:26:44] ACHIEVE GOALS WE HAVE WITHOUT COMPROMISING WHAT COMMUNITY [05:26:48] EXPECTATIONS ARE THANKS TO REPRESENTATIVES FROM BIRD AND LIME AND [05:26:53] STEVE COLLINS FOR BEING HERE AND PROVIDING DETAILED INFORMATION 69 of 75 [05:26:58] FOR HIS THOUGHTS THANKS LEANNE FOR WORKING WITH COG WE HAVE TO GO [05:27:03] BACK TO COG AND BEEF UP SECTION 8 IN TERMS OF ENFORCEMENTS AND [05:27:08] REST OF MY COMMENTS HAVE TO BE INCORPORATED INTO COG GUIDELINES [05:27:13] IF COG MEMBERS ARE WILLING OR MOVE FORWARD TO OPT INTO THE PILOT [05:27:18] PROGRAM WHICH I'M SUPPORTIVE OF THAT OUR RULES FOR CITY OF [05:27:22] HERMOSA BEACH CAPTURE THE THOUGHTS THANK YOU. [05:27:27] >> THANK YOU FOR LEADING OFF THE DISCUSSION. COUNCILMEMBER [05:27:31] DUCLOS? [05:27:32] >> THANK YOU, MADAM MAYOR. A COUPLE OF THINGS. THIS PLAN [05:27:39] PROPOSED IS PILOT MOBILITY PLAN THAT IS 12 MONTHS AND TEMPORARY [05:27:47] PLAN. SO PEOPLE ARE CLEAR WHAT WE ARE TALKING ABOUT HERE IS NOT [05:27:53] AUTHORIZING THE PLAN, BUT DO WE WANT TO PARTICIPATE MOVING [05:27:57] FORWARD? SEEMS TO ME PRETTY CLEAR WE SHOULD JOIN THIS EFFORT AND [05:28:13] SEE WHERE IT TAKES US IN TERMS OF WHEN THEY RETURN WITH. [05:28:20] COMPLETE CONFIDENCE IN TERMS OF STAFF AND LEANNE AND HER ABILITY [05:28:24] TO ARTICULATE HER NEEDS AND MAKE SURE IT IS A PLAN TO CARVE OUT [05:28:29] OUR SPECIFIC INTEREST. I SHARE WITH COUNCILMEMBER MASSEY'S [05:28:44] IMPORTANCE INCENTIVIZING HELMETS BIRD AND OTHERS HAVE PROGRAMS [05:28:49] THAT DO THAT, SO I WOULD WANT TO SEE ALL OF THE WAYS WHICH WE [05:28:52] COULD MAXIMIZE THAT. I AGREE ENFORCEMENT IS IMPORTANT IN TERMS [05:29:02] TO LOOK AT AND ALSO EDUCATION FROM A LOCAL ASPECT. I WOULD LIKE [05:29:07] TO SEE WHATEVER THE PLAN IS FOR EDUCATION IS TAILORED AND IS [05:29:11] WORKING IN CONCERT WITH THE CITY IN TERMS OF MAKING SURE IT MEETS [05:29:16] OUR NEEDS MOVING FORWARD. PEOPLE TEND TO MAKE LOTS OF [05:29:22] ASSUMPTIONS IN TERMS OF ALL OF A SUDDEN WE WILL BE OVERRAN ON THE [05:29:26] STRAND THERE ARE AREAS THAT ELECTRIC VEHICLES ARE PROHIBITIVE. [05:29:31] THAT IS ONE OF THEM AS OUR PLAZA AND PIER AND SIDEWALKS AND SO [05:29:37] FORTH. I DON'T THINK WE SHOULD MAKE ANY ASSUMPTIONS THAT ALL OF [05:29:41] A SUDDEN THAT WILL CHANGE. WE KNOW IT WILL INCREASE. I THINK WE [05:29:45] CAN'T -- YOU KNOW, I THINK WE ALL HAVE BEEN WAITING YOU KNOW FOR [05:29:49] THE PLAN TO EMERGE YOU KNOW FOR CITIES. LOTS OF CITIES LIKE [05:29:55] OURSELVES HAVE BEEN SITTING BACK WAITING TO SEE THIS NEW [05:30:00] DISRUPTIVE TECHNOLOGY HOW DOES IT SETTLE OUT AND WORK FOR OUR [05:30:05] CITIES WE ARE NOT THERE YET REMAINS TO BE SEEN FOR A GREAT [05:30:10] MEASURE WE DEFINITELY SHOULD BE PART OF THE PROCESS MOVING [05:30:15] FORWARD AND TO FIGURE OUT A WAY IT CAN WORK FOR US. [05:30:21] ALSO, HOW WE CAN BENEFIT FROM WHAT BRINGING THIS IN WILL DO [05:30:29] IN TERMS OF FINANCIALLY AND OTHERWISE AND IN TERMS OF THINGS THAT [05:30:34] WILL HELP US AS A CITY TO DEAL WITH A PROBLEM THAT WILL CONTINUE [05:30:42] TO BE EMERGING. WE KNOW THAT WE KEEP TALKING ABOUT THESE [05:30:49] ELECTRIC SCOOTERS AND SO FORTH AS A SPECIFIC EXAMPLE. WE DON'T [05:30:55] LOOK AT THE FACT THAT YOU KNOW WE ALSO HAVE THIS TRAM END [05:30:59] INCREASE OF ALL KINDS OF ELECTRIC COMPONENTS FROM SKATEBOARDS TO [05:31:05] ELECTRIC BIKES TO WHATEVER THAT ARE PRIVATELY OWNED. I WAS AT -- [05:31:11] THE PLAZA, I THINK IT WAS LAST WEEK. I SAW A KID ON A PRIVATE [05:31:21] SCOOTER MUST NOT HAVE BEEN OF AGE GOING 30 OR 40 MILES DOWN THE [05:31:26] MIDDLE OF THAT. NOT THAT YOU COULD STOP HIM TO TELL HIM; RIGHT? 70 of 75 [05:31:30] SO WE KNOW THEY ARE THERE, AND IT IS ISSUE. WE SHOULD AVAIL [05:31:37] ON AS MUCH INPUT AS WE CAN GET IN TERMS OF HOW WE MIGHT MANAGE [05:31:43] IT. YES. I BELIEVE WE SHOULD PARTICIPATE MOVING FORWARD WITH [05:31:49] HOLDING JUDGMENT ON FINAL PRODUCT ONCE WE SEE IT AND ADDITIONAL [05:31:56] THINGS REALLY MAKING SURE THAT THE PLAN MEETS OUR NEEDS IF IT [05:32:02] COMES BACK TO US AND TAKES CONSIDERATION IN TERMS OF OUR [05:32:07] PARTICULAR CONCERNS. THANK YOU, MADAM MAYOR. [05:32:10] >> THANK YOU. I WILL OFFER MY $0.02 REALLY QUICKLY. I [05:32:14] HAVE CONCERNS ABOUT MOVING FORWARD WITH A JOINT OR SHARED PROGRAM [05:32:23] WITH NEIGHBORING CITIES RIGHT NOW. BIRD WAS ANY THINK FOUR [05:32:28] CITIES A YEAR AGO. NOW THEY ARE IN 128. LET'S LET THEM KEEP [05:32:33] GROWING AND IRONING OUT THE KINKS NOT ON US BUT IN OTHER CITIES [05:32:39] THAT HAVE THE CAPACITY TO DO THIS. I THINK WE HAVE HEARD OUR OWN [05:32:45] ENFORCEMENT ISSUES. WE ARE NOT THERE YET. WE ARE IN THE WARNING [05:32:50] STAGE. NOW WE NEED TO RAMP UP AND IMPLEMENT CITATIONS WHICH NOW [05:32:55] SOUND LIKE AND WE HEARD IT BEFORE, THE CSO OFFICERS DON'T WANT TO [05:33:01] BE IN A CONFRONTATIONAL SITUATION AND HAVE TO DEAL WITH THAT [05:33:07] WITHOUT AN OFFICER THERE. I SEE THEIR CONCERN. WE HAD THE SAME [05:33:13] CONVERSATION ABOUT CITATIONS FOR DRUNK IN PUBLIC WHAT IF [05:33:20] CONFRONTATION OCCURS? THEY AREN'T EQUIPPED TO HANDLE THOSE NOT [05:33:27] SAYING EVERY SCOOTER WILL BE VIOLENT BUT IN ANY EVENT. I THINK [05:33:31] WE NEED TO GET A BETTER GRASP ON THIS. PUSHING THIS OUT MAYBE A [05:33:37] COUPLE MONTHS OR TOWARDS END OF SUMMER AND SEE WHERE SHARED [05:33:45] MOBILITY SECTOR IS AT THAT POINT. I WILL SAY THAT PEOPLE WILL [05:33:49] USE IT ON THE SIDEWALK. THEY DO IT EVERY DAY IN BRENTWOOD. IT [05:33:55] DRIVES ME NUTS. BY THE WAY, NOBODY WILL WEAR A HELMET. NOBODY [05:34:01] WEARS A HELMET. STEVE, ARTICLE YOU SENT BY UCLA. EVERYBODY [05:34:08] SHOULD READ IT. IT CAME OUT IN JANUARY. IT IS SCARY. FRANKLY, [05:34:13] IF WE ARE GOING TO MINIMIZE RISK OF INJURY, WE HAVE TO REALLY [05:34:17] HAVE A FIRM GRASP ON THINGS HERE IN TOWN BEFORE WE START INVITING [05:34:25] HUNDREDS AND HUNDREDS OF SCOOTERS INTO THE COMMUNITY. IT IS [05:34:32] RIGHT HERE. RESEARCHERS EXAMINE DATA FROM 249 PEOPLE WHO [05:34:36] RETREATED AT EMERGENCY DEPARTMENTS OF JUST UCLA AND SANTA MONICA [05:34:42] AND RONALD REAGAN BETWEEN SEPTEMBER 1ST AND AUGUST 31ST, 1/3 [05:34:51] ARRIVED BY AMBULANCE, WHICH WAS INDICATION OF THEIR INJURIES. IT [05:34:57] CREATES CLUTTER THAT. I DON'T KNOW OUR CODE ENFORCEMENT STAFF IS [05:35:01] EQUIPPED TO HANDLE WHEN YOU TALK ABOUT HUNDREDS OF SCOOTERS AND [05:35:10] POTENTIALLY BIKES COMING INTO TOWN. I DO THINK WE HAVE AN ISSUE [05:35:16] WITH INTOXICATED FOLKS. EVEN DURING THE DAY AND ON THE WEEKENDS [05:35:24] AND POTENTIALLY HOPPING ON TO ONE OF THESE THINGS INCREASING THE [05:35:30] RISK NOT ONLY TO THEMSELVES BUT TO OTHER PEOPLE TRAVERSING [05:35:34] THROUGH TOWN. [05:35:35] I'M HAPPY TO BRING THIS BACK IN A FEW MONTHS ONCE WE HAVE A [05:35:41] BETTER GRASP ON OUR OWN CODE ENFORCEMENT AND CITATION ISSUANCE. [05:35:47] AND THE WHOLE MARKET GETS A LITTLE MORE REFINED AND WE CAN [05:35:53] LOOK TO OTHER CITIES FOR EXEMPLARY EXAMPLES AS TO HOW WE CAN MOVE [05:35:59] THIS FORWARD WITH THE CITIES. THOSE ARE MY $0.02. 71 of 75 [05:36:03] COUNCILMEMBER FANGARY? [05:36:12] >> THANK YOU, MAYOR. I WANTED TO MENTION I HAVE SPOKEN TO [05:36:16] TIM EARLIER TODAY FROM BURT AND ALSO DON'T KNOW IF WE COLLECTED [05:36:22] RECEIPT. I RECEIVED NUMEROUS E-MAILS FROM PEOPLE ENCOURAGING US [05:36:26] TO PLEASE CONSIDER USING SCOOTERS OR EVALUATE USING THEM. I WILL [05:36:31] MENTION SOME COMMENTS AND THOUGHTS BASED ON MY CONVERSATIONS. [05:36:36] AND BASED ON MY REVIEW OF THE STAFF REPORT, I THINK IT IS VERY [05:36:40] THOROUGH AND HELPFUL TO ISSUES WE TALKED ABOUT BEFORE AND WOULD [05:36:46] LOOK TO TALK ABOUT NOW. I'M OKAY WITH US CONTINUING WORKING WITH [05:36:52] SOUTH BAY COG TO EVALUATE ISSUE AND PARTNER WITH OTHER CITIES TO [05:36:58] EVALUATE WHERE WE GO. THERE ARE THINGS WE NEED TO BE AWARE OF. [05:37:06] I WILL THROW THOUGHTS ABOUT US TO CONSIDER AND FACTOR INTO OUR [05:37:10] EFFORTS [INDISCERNIBLE] IS AVAILABLE TO LIMIT SCOOTERS FROM AREAS [05:37:15] WE DON'T WANT THEM TO BE. STRAND IS ONE AREA THAT IMMEDIATELY [05:37:20] COMES TO MIND AND FROM MY DISCUSSION FROM BIRD THERE IS A PROCESS [05:37:24] TO NOT PERMIT A WRITER TO LOCK OR CLOSE YOUR RIDE IN CERTAIN [05:37:30] AREAS SO YOU CAN'T LEAVE YOUR SCOOTER THERE. PROGRAM AND WRITER [05:37:44] CAN'T TERMINATE RIDE ON AREAS. WE DON'T WANT THEM TO LEAVE [05:37:48] SCOOTERS THERE. THERE IS SPEED LIMIT THAT CAN BE PROGRAMS INTO [05:37:52] THERE. WE DON'T WANT THEM TO BE ON STRAND BUT IN AREA THAT HAS A [05:37:57] 10 OR 15-MINUTE OR 15 MILES AN HOUR LIMIT TO BE PROGRAMS INTO THE [05:38:03] SOFTWARE. [05:38:04] I HAD A DISCUSSION WITH BIRD TODAY ABOUT WHAT HAPPENS IF A [05:38:12] SCOOTER IS NOT LOCKED EXAMPLE IS TAKING SCOOTERS OUT AND BAR IN [05:38:18] HERMOSA BEACH AREA DOESN'T ALLOW ME TO LOCK THE SCOOTER. I WILL [05:38:24] GO HAVE A BEER AND GO BACK LATER. IT IS NOT IN THE AREA WHERE IT [05:38:33] IS SUPPOSED TO BE LEFT. IT IS NOT SOMETHING OPERATORS CAN DO, [05:38:37] HAVE A TRIGGER IF SCOOTER IS NOT LOCKED WITHIN 28 OR 38 MINUTES [05:38:43] NOT USED IN THE TIMEFRAME BURT CALLED THEM BIRD WATCHERS. THEY [05:38:50] COME AND FIND BIRD IF IN AREA NOT SUPPOSED TO BE THERE. FOR ME, [05:38:54] ALSO, I THOUGHT ABOUT IT TODAY. IT COULD CREATE A SAFETY HAZARD [05:39:00] OR ISSUE IF SOMEBODY DIDN'T LOCK IT BECAUSE THEY GOT INJURED IT [05:39:04] IS SITTING AROUND FOR 20 MINUTES ACTUAL INJURIES NEEDING HELP NOT [05:39:09] BIRD WATCHERS WILL BE 911 BUT IF PROCESS TO MONITOR SCOOTERS THAT [05:39:15] ARE NOT LOCKED MAY ALSO BE BENEFIT FOR PUBLIC SAFETY. I DON'T [05:39:19] KNOW THE QUESTION ABOUT HELMETS. I DON'T SEE THEM ANYWHERE. [05:39:23] THEY ARE ALL OVER DOWNTOWN LA. I DON'T KNOW ENOUGH ABOUT HELMETS [05:39:28] OR ISSUE HELMETS WOULD BE SAFER. I DON'T SEE IT SIGNIFICANTLY [05:39:33] CHANGING. IT IS MY VIEWPOINT. SANTA MONICA AND CULVER CITY -- I [05:39:44] URGE OUR STAFF OR SOUTH BAY GOVERNMENTS IF WORKING THROUGH TO [05:39:48] CONNECT WITH SANTA MONICA AND CULVER CITY TO SEE WHAT WORKS FOR [05:39:55] THEM AND WHAT DOESN'T. EXAMPLE, I HAD A CONVERSATION TODAY ABOUT [05:39:59] BIRD AND WALKED TO GET MY BUS RIDE AND BUS STOP AT DOWNTOWN LA. [05:40:05] EIGHT BIRDS LAYING ON THE SIDEWALK WHERE BUS STOP IS RIGHT WHERE [05:40:09] PEOPLE LINE UP TO GET THE BUS. THE COMMUNITY TELLS US ABOUT [05:40:14] CLUTTER AND LEFT WHERE THEY ARE NOT SUPPOSED TO BE. THE SOLUTION [05:40:18] AND DESIGNATING OR PARTING SPOTS WOULD BE A GOOD WAY TO DO IT IF 72 of 75 [05:40:24] ALLOWED ANYWHERE IN THE SIDEWALK WILL. A IS EXTREME OF MILLIONS [05:40:29] OF PEOPLE BEING THERE IF WE HAVE AREA 5 OR 6 OF THE SCOOTERS AT [05:40:35] SOMEBODY'S FRONT YARD OR DOOR PEOPLE WOULDN'T BE VERY HAPPY ABOUT [05:40:39] THAT. I DON'T KNOW WHAT THE ANSWER IS. I LIKE STAFF'S [05:40:43] RECOMMENDATION ABOUT ENGAGING WITH OPERATORS FOR TRAINING AND [05:40:49] EDUCATION. I DON'T KNOW IF BIRD WATCHERS PROVIDE MY [05:40:53] UNDERSTANDING IS THEY SEEK EQUIPMENT LEFT SOMEWHERE AND IF THEY [05:40:57] PROVIDE TRAINING THAT WOULD BE HELPFUL AS WELL. PUBLIC SAFETY [05:41:02] ISSUE UNDERSTANDING IS FROM BIRD I HEARD TODAY PERCENTAGE OF [05:41:06] INJURIES RIDE .0007% THAT IS ACCURATE AND LOOKS LIKE A GOOD [05:41:16] NUMBER TO ME DON'T HAVE DATA TO COMPARE BETWEEN BIKE SCOOTERS AND [05:41:20] VEHICLE ACCIDENTS MAYBE TOO EARLY INTO THAT WOULD BE WORTH US [05:41:25] LOOKING INTO. WORKING WITH SOUTH BAY COUNCIL OF GOVERNMENTS IS A [05:41:31] GOOD TOOL. THEY HAVE LOTS OF CITIES THEY ARE WORKING WITH AND [05:41:36] PEOPLE ON STAFF. LEANNE, YOU ARE WORKING WITH THAT AND HAVE LOTS [05:41:39] OF BACKGROUND ON THE STUFF AS WELL. AS FAR AS PUBLIC SAFETY AND [05:41:44] TRAINING MY UNDERSTANDING IS IN CASE TO BIRDS THEY HAVE TUTORIAL [05:41:50] PROGRAM YOU HAVE TO WATCH THAT IS A MINUTE AND A HALF I DON'T [05:41:54] KNOW HOW MUCH TO LEARN MY UNDERSTANDING TAKES THREE TO [05:41:58] FIVE MINUTES NEW OPERATOR TO GO BE SIGNED ON AND IN THE ROAD [05:42:02] ESSENTIALLY IN FIVE MINUTES LIKE SPEED AND GETTING ON ROAD DON'T [05:42:07] KNOW IF FIVE MONTHS SOMEBODY NEVER BEEN ON SCOOTER TO BE SAFELY [05:42:12] ON SCOOTER AND COMFORTABLE WITH WHERE THEY ARE GOING. [05:42:16] LASTLY, IF WE DECIDE TO GO WITH A TRIAL PROGRAM MY RECOMMENDATION [05:42:21] LOOKING AT AMOUNT OF SCOOTERS DOWNTOWN OR LA AREA, MY [05:42:28] RECOMMENDATION WOULD BE TO STICK WITH TWO OPERATORS AND ONE [05:42:32] OPERATORS WOULD BE TOO MUCH OF A MONOPOLY. 3 OR 4 TOO MUCH. I [05:42:38] RECOGNIZED CASE OF THREE DIFFERENT NAMES OF SCOOTER OPERATORS IN [05:42:43] DOWNTOWN LA. YOU HAVE TWO OPERATORS MAYBE SO YOU HAVE SOME KIND [05:42:48] OF COMPETITION BUT DON'T GO TO MONOPOLY OR 4 OR 5 AND THEY HAVE [05:42:54] THEM ALL OVER THE PLACE. CONCLUDES MY COMMENTS THANK YOU MAYOR. [05:42:58] >> THANK YOU. MAYOR PRO TEM? [05:43:01] >> GREAT COMMENTS. I THINK WHERE I STAND IS IT IS [05:43:08] IMPORTANT WE PARTICIPATE IN A PILOT THAT IS IN OUR REGION. I [05:43:12] DON'T SEE MOBILE SOLUTIONS WORKING WITHOUT A COORDINATED EFFORT. [05:43:16] I DON'T KNOW IF LEANNE OR ANYBODY HERE KNOWS WHAT WE EXPECT [05:43:22] RECENT ACTIVITY OF NEIGHBORING CITIES. THEY ARE QUEUING UP [05:43:31] TONIGHT, YOU SAID? [05:43:32] >> YES. MY UNDERSTANDING IS MANHATTAN AND REDONDO ARE BOTH [05:43:37] PLANNING ON TAKING THIS BACK. I THINK THIS MONTH, BUT IT MAY [05:43:40] HAVE -- YOU KNOW, AGENDAS ARE ALWAYS A LITTLE FLUID. MAY HAVE [05:43:45] MOVED TO FIRST MEETINGS IN MAY. MANHATTAN BEACH TOOK TO [05:43:53] TRANSPORTATION COMMITTEE I BELIEVE OR TAKING IT THIS WEEK AND [05:43:58] EVERYONE IS WORKING TOGETHER ON THIS AND RECOGNIZING THAT A [05:44:01] PROGRAM LIKE THIS ONLY WORKS IF EVERYONE PARTICIPATES. [05:44:04] >> RIGHT. YOU ANSWERED MY LAST EXPERIENCE. THEY ENGAGED [05:44:09] YOU HAVE BEEN IN THIS EFFORT. OKAY. I HAD A THOUGHT, MAYOR 73 of 75 [05:44:17] ARMATO SPOKE TO THAT IS FEASIBILITY OF IT THAT IS THE TIME OF THE [05:44:21] PILOT. I THINK GIVEN IT IS UNWIELDY AND LOTS OF EDUCATION AND [05:44:26] PIECES COMING TOGETHER IF THERE WAS SOME WAY TO PROPOSE THERE [05:44:32] MIGHT BE AN AFTER-SUMMER START TO A PILOT? THAT WOULD SEEM TO BE [05:44:38] A MUCH MORE MANAGEABLE SCENARIO THAN STARTING AT THE BEGINNING OF [05:44:45] SUMMER CYCLE WHEN EVERYBODY IS FREE WHEELING IT NO PUN INTENDED. [05:44:51] >> ON THAT POINT, I WANTED TO NOTE WE HAVE TALKED ABOUT [05:44:54] THAT AS A GROUP. WE HAVEN'T SET OKAY. HERE IS EXACTLY WHEN WE [05:44:58] WOULD PROPOSE TO LAUNCH A PILOT PROGRAM. WE RECOGNIZE THIS [05:45:03] PROCESS WE LAID OUT WILL TAKE US SEVERAL MONTHS AND BEING [05:45:06] SENSITIVE TO THE FACT WE DON'T WANT TO LAUNCH A PROGRAM SAME [05:45:12] WEEKEND AVP IS HERE. YOU DON'T WANT IT TO BE AT A TIME WHERE WE [05:45:17] CAN FOCUS ON THAT AND MANAGE THAT AND NOT BE WORKING WITH A [05:45:22] NUMBER OF OTHER EVENTS. I THINK EARLIEST WE LOOKED AT THAT, WE [05:45:26] COULD EVEN TALK ABOUT LAUNCHING WOULD HAVE BEEN AUGUST. I THINK [05:45:33] BASED ON DIRECTION YOU PROVIDED, WE CAN CERTAINLY BRING IT BACK [05:45:37] TO PROPOSE TO NEIGHBORING CITIES. [05:45:41] >> OKAY. LAST CURIOSITY IN LISTENING TO EVERYONE'S [05:45:50] OPINIONS WHAT IF WE ENTER A PILOT AND SOMETHING WENT AWRY IS [05:45:55] THERE ESCAPE CLAUSE WRITTEN INTO PILOT LANGUAGE. [05:46:01] >> THERE IS. EXCUSE ME. THE IDEA OF HAVING CITIES ISSUE [05:46:05] PERMITS ON INDIVIDUAL WE IDENTIFY OPERATORS AND PERMITS ON [05:46:12] INDIVIDUAL BASIS WOULD ALLOW US TO ESSENTIALLY REVOKE THE PERMIT [05:46:17] WITHIN GUIDELINES. IT IS IN SECTION 8, PAGE 11, LAST BULLET JUST [05:46:25] BEFORE 6. WE TALK ABOUT IN ALL OF THESE WE TALK ABOUT DIFFERENT [05:46:33] WAYS TO COURSE CORRECT STARTING WITH CITATIONS AND PENALTIES AND [05:46:37] RELOCATION AND IMPOUNDMENT. PERMIT SUSPENSION AND REVOCATION AND [05:46:43] PROGRAM TERMINATION THAT ARE OUR ESCALATING OPPORTUNITIES IN THE [05:46:48] EVENT WE WOULD NEED TO MAKE CHANGES. [05:46:53] >> GREAT. IT IS A LEARNING PROCESS. THANK YOU FOR THE [05:46:58] WORK. I WILL PASS IT TO THE MAYOR. [05:47:01] >> WE ARE TEEING UP FOR A MOTION HERE TO GO THROUGH THE [05:47:04] ACTIONS. WE HAVE RECEIVED THE UPDATE AND PROVIDED INPUT. DOES [05:47:10] STAFF NEED CLARIFICATION ON THE TOP-LEVEL ITEMS THAT WERE [05:47:16] DISCUSSED? [05:47:20] >> I THINK A MOTION THAT WOULD PROVIDE DIRECTION AS TO [05:47:26] WHETHER OR NOT TO PARTICIPATE IN CONTINUING TO PARTICIPATE IN [05:47:29] THIS PROCESS WITH THE OTHER CITIES WOULD BE A GOOD START. WE CAN [05:47:34] THEN TAKE THAT DIRECTION WITH THE COMMENTS PROVIDED HERE TONIGHT [05:47:38] ON SOME DIFFERENT AREAS OF THE GUIDELINES. [05:47:42] >> WE WOULD BE AGREE TO MOVE FORWARD WITH PARTICIPATING [05:47:46] WITH THE UNDERSTANDING THAT AT SOME POINT A DOCUMENT OF COMPLETED [05:47:51] DOCUMENT WILL RETURN HERE FOR FINAL APPROVAL AND AT THAT TIME WE [05:47:54] CAN DECIDE WHETHER WE -- IF WE ARE SATISFIED WE MOVE FORWARD. [05:47:59] THAT IS SORT OF THE START POINT FOR THE 12-MONTH PERIOD? [05:48:04] >> WE CAN BRING BACK FINAL GUIDELINES PERHAPS ONCE OTHER [05:48:12] CITIES HAVE GONE THROUGH THEIR PROCESSES SO WE INCORPORATE INPUT 74 of 75 [05:48:15] FROM EACH OF THE DIFFERENT CITIES THAT OPT TO PART TO BRING BACK [05:48:21] TO COUNCIL FOR FINAL APPROVAL. [05:48:23] >> YOU DON'T NEED IT IN THIS MOTION. [05:48:26] >> NO. WHAT WE WOULD PLAN TO DO IS BRING BACK ONCE ISSUED [05:48:30] THE REQUEST FOR APPLICATIONS AT COG LEVEL AND EVALUATED THEM WE [05:48:35] WOULD LIKELY BRING THE RECOMMENDATIONS BACK TO THE CITY COUNCIL. [05:48:39] >> IN TERMS OF WHICH SERVICE PROVIDERS AND ALL THAT STUFF. [05:48:44] >> RIGHT. THERE YOU COULD SEE PART OF STRATEGY IN [05:48:50] DEVELOPING GUIDELINES WE DIDN'T WANT TO JUST LIST OUT, BUT WE [05:48:54] WANT IT SEE PERHAPS BECAUSE OUR CONCERN THERE IS WE WOULD SIMPLY [05:48:59] BE TOLD WE CAN DO THAT AND THAT AND THAT. WHEN YOU LOOK AT [05:49:07] GUIDELINES WE FLIPPED IT AROUND SUBMIT YOUR PLAN OR ENFORCEMENT [05:49:14] COMING FROM OPERATORS TO HELP US EVALUATE DIFFERENT OPERATIONAL [05:49:18] APPROACHES TO EDUCATION AND ENFORCEMENT AND PARTICIPATING IN [05:49:21] EVENTS THAT ALL OF THOSE ARE THINGS WE CAN EVALUATE THERE. WE [05:49:30] WOULD CERTAINLY BRING THE PROPOSALS BACK IN TERMS OF [05:49:33] RECOMMENDATIONS AND WE CAN BRING BACK FINAL GUIDELINES IF THAT IS [05:49:37] THE DIRECTION FROM COUNCIL. [05:49:38] >> GREAT. MADAM. [05:49:40] >> TO CLARIFY, WE WON'T COME BACK WITH GUIDELINES AND SAY [05:49:44] HERMOSA BEACH IS NOT PARTICIPATING. WE ARE SIGNALING TO [05:49:49] NEIGHBORING CITIES WE WILL BE PART OF THIS PILOT PROGRAM. [05:49:53] >> I THINK THAT WOULD BE GOOD DIRECTION TO SAY THAT WE ARE [05:49:56] PLANNING TO PARTICIPATE. WE CAN AT ANY TIME CHANGE DIRECTION IF [05:50:02] THERE ARE SIGNIFICANT REVISIONS OR CONCERNS OR ALL OF THE OTHER [05:50:08] CITIES SAY WE DON'T WANT TO INCORPORATE ANY OF THE [05:50:12] RECOMMENDATIONS THAT HERMOSA BEACH CITY HAS PROVIDED. [05:50:17] >> I WILL CERTAINLY BE HAPPY TO ATTEMPT A MOTION. [05:50:21] >> 3 AND 4, I THINK. [05:50:23] >> I MOTION THAT WE CONTINUE PARTICIPATION IN THE SOUTH BAY [05:50:29] SHARED MOBILITY PILOT PROGRAM AND THAT DIRECT STAFF TO PREPARE [05:50:35] MUNICIPAL CODE CHANGES AND ESTABLISH APPROPRIATE FEES AND OTHER [05:50:40] REGULATORY MEASURES RELATED TO OPERATION OF SHARED MOBILITY [05:50:44] DEVICES BASED ON THE DIRECTION PROVIDED AND RECOMMENDATIONS [05:50:49] PROVIDED THIS EVENING TO STAFF INCLUDING RETURNING AT A FUTURE [05:50:56] DATE WITH FINAL GUIDELINES AND OTHER ELEMENTS OF THE PLAN PRIOR [05:51:04] TO IT GOING FORWARD DOES THAT MAKE SENSE? [05:51:08] >> DO WE HAVE A SECOND? [05:51:09] >> I SECOND. [05:51:10] >> ALL RIGHT. ANY DISCUSSION? [05:51:13] >> JUST A -- MADAM MAYOR, CLARIFYING QUESTION. OUR [05:51:18] DIRECTION TO STAFF IS TO TAKE FEEDBACK FROM THOSE OF US [05:51:23] SUPPORTIVE IN CONTINUING TO PARTICIPATE IN COGS SHARED GUIDELINE [05:51:28] MOBILITY GUIDELINES? [05:51:29] >> OR ALL FEEDBACK. [05:51:31] >> BACK TO THE COG AND GET -- YOU KNOW, GET THAT [05:51:35] INCORPORATED INTO SHARED MOBILITY GUIDELINES THAT PRESUMABLY WILL 75 of 75 [05:51:39] BE REVISED BASED UPON ALL OF THE INPUT OF THE CITIES GOING OUT [05:51:45] SHARED GUIDELINES WILL COME BACK TO US ALONG WITH MUNICIPAL CODE [05:51:51] CHANGES AND REGULATORY -- AS A PACKAGE WE CAN MAKE THE DECISION [05:51:57] WHETHER TO OPT INTO THE PILOT PROGRAM. THAT IS WHAT THE MOTION [05:52:01] IS. [05:52:02] >> THAT IS MY UNDERSTANDING WHAT I WAS TRYING TO ACHIEVE. [05:52:05] >> TO MAYOR'S COMMENT, INPUT OF FOLKS WHO HAVE CONCERNS [05:52:09] ABOUT THIS THE COGS SHARED MOBILITY GUIDELINES AND PILOT PROGRAM. [05:52:16] >> THANKS. ALL THOSE IN FAVOR? [05:52:20] >> AYE. [05:52:21] >> AYE. [05:52:22] >> OPPOSED? [05:52:24] >> NAY. MADAM CLERK? [05:52:27] >> WE ARE ON ITEM 7, MISCELLANEOUS ITEMS. THERE IS UPDATES [05:52:34] FROM CITY COUNCIL AD HOC SUB-COMMITTEES AND STANDING COMMITTEE [05:52:40] DELEGATES AND ALTERNATES IF THERE ARE ANY. [05:52:43] >> INFILTRATION SUB-COMMITTEE UPDATE EVERYONE HEARD AND SAW [05:52:49] TONIGHT. NEXT WEEK DOWNTOWN SUB COMMITTEE MEETS UPDATE AFTER [05:52:54] THAT FOR NEXT MEETING WE WILL HAVE AN UPDATE AND SUMMER CONCERTS [05:52:59] WAS OBVIOUSLY UPDATED NIGHT. ANY OTHERS? NO. ALL RIGHT. I [05:53:09] THINK WE CAN MOVE ON. [05:53:11] >> OKAY. THEN ITEM 8A IS TENTATIVE FUTURE AGENDA ITEMS. [05:53:21] >> ALL RIGHT. DO MY COLLEAGUES HAVE QUESTIONS OR CONCERNS [05:53:32] ON FUTURE AGENDA? ALL RIGHT. SEEING NONE. IT LOOKS LIKE WE [05:53:41] HAVE REACHED THE END OF OUR ROAD. NO. THE END OF OUR MEETING. [05:53:47] THIS MEETING IS ADJOURNED. NEXT REGULAR CITY COUNCIL MEETING IS [05:53:52] TUESDAY, APRIL 23RD WITH CLOSED SESSION AT 6:00 P.M. FOLLOWED BY [05:53:58] REGULAR MEETING AT 7:00 P.M. RIGHT HERE AT COUNCIL CHAMBERS. [05:54:04] THANK YOU EVERYONE WHO STAYED TO THE END. CRAIG AND DAVID AND [05:54:09] KEVIN, THANK YOU GUYS. GOODNIGHT. 1 of 75 CITY OF HERMOSA BEACH MEETING CAPTIONS APRIL 9, 2019 CITY COUNCIL REGULAR MEETING ************************************************************************************************************************** Disclaimer: Caption text employs contractions, paraphrasing and other techniques to keep pace with the meeting. Captions may also suffer from typographical errors. Hence, captions should not be considered complete or official transcriptions of the meeting. ************************************************************************************************************************** [01:19:56] >> ALL RIGHT. THANK YOU FOR YOUR PATIENCE, EVERYONE. I [01:20:00] WILL CALL TO ORDER THE REGULAR MEETING FOR APRIL 9TH FOR THE CITY [01:20:02] COUNCIL. WILL RITA YANG LEAD US IN THE PLEDGE OF ALLEGIANCE? [01:20:14] >> PLEASE PUT YOUR RIGHT HAND OVER YOUR HEART AND STAND. [01:20:22] >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF [01:20:23] AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION [01:20:24] UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. [01:20:32] >> ALL RIGHT. MADAM CLERK, ROLL CALL, PLEASE. [01:20:34] >> [TAKING ROLL]. [01:20:46] >> MR. CITY ATTORNEY, WILL YOU PLEASE DELIVER ANY CLOSED [01:20:48] SESSION REPORT? [01:20:49] >> THANK YOU, MAYOR, TONIGHT'S MEETING WAS CALLED TO ORDER [01:20:51] AT 6 O'CLOCK IN CLOSED SESSION. THERE WERE NO REPORTABLE ACTIONS [01:21:01] TAKEN TONIGHT IN CLOSED SESSION. THANK YOU, MAYOR. [01:21:04] >> THANK YOU VERY MUCH. ON TO ANNOUNCEMENTS. DO ANY OF MY [01:21:07] COLLEAGUES HAVE ANY ANNOUNCEMENTS? NOPE. COUNCILMEMBER FANGARY, [01:21:13] YES. [01:21:14] >> THANK YOU. I HAVE A -- BUT I HAVE A CONFLICT. THIS IS [01:21:23] THIS SATURDAY. I WILL NOT HAVE ANOTHER COMMUNITY FIRST MEETING [01:21:26] THIS MONTH. I HAVE BEEN GETTING E-MAILS AND CALLS FROM PEOPLE [01:21:33] TELLING ME I NEED TO GET MY ACT TOGETHER. I APOLOGIZE. I MISSED [01:21:37] A COUPLE WEEKS. I WAS ON VACATION AND CAME BACK YESTERDAY AND [01:21:42] WILL GET MY SYSTEM IN ORDER TO GET THE NEWSLETTERS OUT. PEOPLE [01:21:45] ACTUALLY DO READ THEM. THANK YOU, MAYOR. [01:21:51] >> ALL RIGHT. ANY MORE ANNOUNCEMENTS? OKAY. I HAVE A [01:21:55] COUPLE. THERE IS THE CHALLENGE FOR WATER CONSERVATION, WHICH HAS [01:22:01] JUST GOTTEN STARTED ONLY HERE UNTIL THE END OF APRIL. DO YOUR [01:22:05] PART THIS EARTH MONTH TO GO TO MY WATERPLEDGE.COM AND MAKE YOUR [01:22:12] PLEDGE TO CONSERVE WATER ON BEHALF OF OUR CITY AND YOU CAN ENTER [01:22:17] TO WIN HUNDREDS OF PRIZES. JOIN THE CALIFORNIA SCHOOL BOARD [01:22:22] ASSOCIATION MOMS DEMAND ACTION AND MARCH FOR OUR LIVES TOWN HALL [01:22:28] CULVER CITY HALL TO MARK THE 21ST ANNIVERSARY OF COLUMBINE. [01:22:37] SCHOOL SHOOTINGS OFTEN MAKE THE FRONT PAGES AND GUN ACCIDENTS AND [01:22:41] SUICIDES BY GUNS ARE IMPACTING OUR CHILDREN. THE MEDICAL [01:22:47] COMMUNITY MEMBERS WILL ALL GATHER TO SHARE RESOURCES, [01:22:51] INFORMATION, AND TO NETWORK AROUND CREATING A SAFER FUTURE FOR 2 of 75 [01:22:56] ALL OUR CHILDREN. MONDAY, APRIL 22ND, WE LOOK FORWARD TO THIS [01:23:01] EVERY YEAR FROM 3:30 TO 5:30 COME TO THE HERMOSA BEACH SKATE PART [01:23:08] FOR THE FUNDRAISER SKATE FOR SCHOOLS. YOU WILL SEE LOCAL KIDS [01:23:12] AND SKATEBOARDING PROS PERFORMING THEIR TRICKS, DONATIONS, AND [01:23:18] PLEDGES WILL BE ACCEPTED AND PROMOTE THE HERMOSA BEACH SCHOOL [01:23:25] DISTRICT. BRING ELBOW AND KNEE PADS AND A HELMET. I WANT TO [01:23:31] MAKE IT VERY CLEAR THAT ANY PERSON THAT MAKES ANY KIND OF [01:23:34] DONATION WILL ACTUALLY RECEIVE A GIFT! THANK YOU TO THE CORE [01:23:40] FAMILY FOR ORGANIZING THAT FOR MANY, MANY YEARS. THAT IS ALL ON [01:23:44] MY ANNOUNCEMENTS. NOW WE ARE ON TO THE APPROVAL OF THE AGENDA. [01:23:48] DO MY COLLEAGUES HAVE QUESTIONS? A NOTE HERE THAT MY CITY [01:23:52] MANAGER WOULD LIKE TO -- YES, MADAM CITY MANAGER. [01:23:56] >> THANK YOU MADAM MAYOR I WANT TO REQUEST ITEM 6C EIGHTH [01:24:03] STREET ITEM I WANT TO CONFIRM THAT IS WHAT IT IS. WE WOULD LIKE [01:24:07] TO MOVE IT TO APRIL 23RD TO HAVE ADDITIONAL TIME TO REVIEW THE [01:24:16] BIDS. [01:24:17] >> ALL RIGHT. WE WILL PUSH THE EIGHTH STREET DISCUSSION. [01:24:21] ARE YOU HERE TO TALK TO EIGHTH STREET? IT DOESN'T SEEM TO EFFECT [01:24:27] ANYBODY IN THE AUDIENCE. WE WILL DISCUSS IT AT A FUTURE MEETING. [01:24:31] EVERYBODY OKAY WITH THE AGENDA? MOTION TO APPROVE ITEM 6C? [01:24:37] >> I APPROVE THE AGENDA WITH NOTATION ITEM 6B WILL BE MOVED [01:24:46] TO A LATER MEETING. [01:24:47] >> SECOND. [01:24:49] >> ALL THOSE IN FAVOR? [01:24:51] >> AYE. [01:24:52] >> AYE. [01:24:53] >> ALL RIGHT. MADAM CLERK? [01:24:55] >> PROCLAMATIONS AND INVITATIONS. [01:25:05] >> DO WE HAVE -- BRANDY IS UP FIRST. [01:25:09] >> YES. [01:25:10] >> WE HAVE PETER ALSTROM AND KRISTIE MORRISON. [01:25:16] >> GOOD EVENING, COUNCIL MEMBERS, COMMUNITY MEMBERS, [01:25:20] VOLUNTEERS, AND CITY AND STAFF. WE ARE HERE TO CELEBRATE [01:25:24] NATIONAL VOLUNTEER WEEK. THIS IS AN OPPORTUNITY FOR US TO [01:25:27] CELEBRATE SERVICE VOLUNTEERS PROVIDE TO US ON A DAILY BASIS. [01:25:32] THEY VOLUNTEER FOR US AT COMMUNITY EVENTS AND PATROL EVENTS SUCH [01:25:37] AS FARMERS MARKET ON THE PLAZA AND MAKE OUR COMMUNITY GREAT BY [01:25:43] MAKING SURE. GARDEN LOOKS GREAT IN SOUTH PARK AND HELP TECH AND [01:25:49] HERMOSA 50. WE HAVE VOLUNTEERS FROM HERMOSA BEACH CERT PROGRAM [01:25:56] AND COMMUNITY GARDENS PROGRAM. HERMOSA 50 VOLUNTEERS WERE NOT [01:26:02] ABLE TO JOIN US BUT WILL BE HERE THIS SATURDAY AS THE CITY IS [01:26:06] HOSTING ANNUAL VOLUNTEER APPRECIATION IN COUNCIL CHAMBERS [01:26:12] APRIL 15TH FROM NOON TO 1:30. WE HOPE ALL OF THE VOLUNTEERS WILL [01:26:18] JOIN US. WE WOULD LIKE TO INVITE THE VOLUNTEERS TO COME UP WHILE [01:26:22] YOU READ THE PROCLAMATION. [01:26:25] >> SURE. I WOULD LOVE TO. [01:26:27] >> ALL VOLUNTEERS OF CERT AND COMMUNITY GARDENS, PLEASE 3 of 75 [01:26:33] COME ON UP. [01:26:34] >> [INDISCERNIBLE]. [01:26:41] >> VOLUNTEERING DOES HAVE PERKS. YOU GET A REUSABLE BAG! [01:26:56] >> AUDIENCE: [LAUGHING]. [01:27:00] >> YEAH. LET'S ALL STEP TO ONE SIDE AND WE CAN. [01:27:03] >> OKAY. [01:27:04] >> ARE WE DOING THIS? I WILL PUT THIS DOWN, AND WE CAN [01:27:08] TAKE A PICTURE FIRST. [01:27:09] >> OKAY. [01:27:35] >> I HAVE -- YES. THANK YOU. THEY DESERVE AN APPLAUSE. I [01:27:41] WAS AT A CITY COUNCIL MEETING, AND THEY SAID THEY HAVE THE BEST [01:27:46] RESIDENTS, BUT I WOULD SAY WE HAVE THE BEST VOLUNTEERS, AND I [01:27:51] APPRECIATE YOUR EFFORTS AND TIME AND VOLUNTEER IT MAKES HERMOSA A [01:27:57] BETTER PLACE TO LIVE. THANK YOU FOR ALL YOU DO. I HAVE A [01:28:01] PROCLAMATION TO READ OUT. TO CELEBRATE IMPACT OF VOLUNTEER [01:28:06] SERVICE IN COMMUNITIES AND POWER OF VOLUNTEERS TO TACKLE [01:28:09] SOCIETIES GREATEST CHALLENGES TO HAVE STRONGER COMMUNITIES AND BE [01:28:15] A FORCE THAT TRANSFORMS THE WORLD. IT IS IMPORTANT TO RECOGNIZE [01:28:19] DOING GOOD COMES IN MANY FORMS: ONLINE, IN PERSON, MONETARY [01:28:25] CONTRIBUTIONS, AND TIME, AND WHEREAS THE 2019 THEME IS TO SHINE A [01:28:30] LIGHT ON THE PEOPLE AND CAUSES THAT INSPIRE US TO SERVE AND [01:28:34] WHEREAS THE CITY OF HERMOSA BEACH APPRECIATES INVALUABLE SERVICE [01:28:40] PROVIDED BY VOLUNTEERS OF HERMOSA BEACH COMMUNITY SERVICE [01:28:44] RESPONSE TEAM VOLUNTEERS AND POLICING AND COMMUNITY VOLUNTEERS [01:28:48] AND HERMOSA 50 SENIOR CENTER. THEY WOULD LIKE TO THANK MEMBERS [01:28:53] OF HB CERT AND HERMOSA 50 SENIOR PROGRAMS FOR BEING A VOLUNTEER [01:29:00] OF THE CITY. THERE IS A THEME, I THINK. IT IS VERY CLEAR IN [01:29:08] THIS. YEAH. OKAY. YOU WOULD GET THE HUMOR, AND YOU WOULD SEE [01:29:14] IT. THE CITY ENCOURAGES RESIDENTS TO CONTINUE TO GET INVOLVED IN [01:29:19] COMMUNITY WITH CIVIC GROUPS, NONPROFITS, SERVICE-BASED ENTITIES [01:29:25] WHOSE MISSION AND VISION ARE MAKING A DIFFERENCE IN THE COMMUNITY [01:29:28] AND THEREFORE IT BE IT RESOLVE. I, STACEY ARMATO, MAYOR OF [01:29:33] HERMOSA BEACH, PROCLAIM THE WEEK OF APRIL 7TH THROUGH 13TH [01:29:39] VOLUNTEER NATIONAL -- RECOGNIZE THE POSITIVE IMPACT OF [01:29:45] VOLUNTEERISM AND SERVICE IN OUR COMMUNITY AND FOR ANYONE IN THE [01:29:48] AUDIENCE OR WATCHING AT HOME, TAKE A GOOD LOOK AT THESE [01:29:52] VOLUNTEERS WHEN YOU SEE THEM ON THE STREET, MAKE SURE TO THANK [01:29:56] THEM. [01:29:57] >> AUDIENCE: [APPLAUSE]. [01:29:58] >> ALL RIGHT. [01:30:19] >> THANK YOU GUYS. [01:30:20] >> THANK YOU. [01:30:22] >> I WILL SEE YOU ON SATURDAY. [01:30:29] >> ALL RIGHT. MADAM CLERK? [01:30:31] >> SECOND ITEM IS A PROCLAMATION ESTABLISHING BEACH CITIES [01:30:36] TRANSIT GET ON BOARD DAY IN HERMOSA BEACH ON APRIL 25TH. [01:30:46] >> HELLO. I'M LESLIE SCOTT AND REPRESENTING BEACH CITIES 4 of 75 [01:30:52] TRANSIT. EACH OF YOU HAVE RECEIVED A SMALL PACKET OF BEACH [01:30:58] CITIES ITEMS WE ARE TRYING TO RAISE AWARENESS AND RECOGNIZE THE [01:31:06] CITY FOR CONTRIBUTING TO BEACH CITIES TRANSIT. WE ARE [01:31:12] PARTICIPATING IN A NATIONAL GET ON BOARD DAY. ALL OF THE [01:31:15] MUNICIPAL OPERATORS IN SOUTH BAY AND LA ARE JOINING NATIONAL [01:31:20] CAMPAIGN TOO AGAIN TO RAISE AWARENESS ABOUT PUBLIC [01:31:24] TRANSPORTATION. [01:31:25] >> ALL RIGHT. WELL, LET ME COME ON DOWN FOR A [01:31:29] PROCLAMATION. ALTHOUGH, COUNCILMEMBER FANGARY WOULD BE A GREAT [01:31:44] SPOKESPERSON TO PRESENT THE PROCLAMATION, BUT I WILL DO IT. [01:31:48] THANK YOU FOR BEING HERE. IT IS A DAY TO SHOWCASE BENEFITS AND [01:31:52] BUILD SUPPORT FOR PUBLIC TRANSPORTATION AS PUBLIC TRANSIT OFFERS [01:31:56] ECONOMIC OPPORTUNITY AND POWERS OF COMMUNITY GROWTH BY DRIVING [01:32:00] ECONOMIC DEVELOPMENT AND REVITALIZING NEIGHBORHOODS MORE THAN 200 [01:32:07] AGENCIES AND ORGANIZATIONS ACROSS THE UNITED STATES TO RAISE [01:32:10] AWARENESS BY PUBLIC TRANSPORTATION TO SUPPORT NATIONAL GET ON [01:32:14] BOARD DAY AND PART OF BEACH CITIES TRANSIT THAT HAS BUS ROUTES [01:32:20] THROUGHOUT THE SOUTH BAY AND CONNECTION TO -- TRANSIT OPERATORS [01:32:26] IN THE REGION AND WHEREAS BEACH CITIES TRANSIT -- HERMOSA, [01:32:32] MANHATTAN BEACH, AND EL SEGUNDO AND SUPPORTED BY SOUTH BAY [01:32:38] COUNCIL OF GOVERNMENTS AND BEACH TRANSIT AND LOCAL MUNICIPAL [01:32:42] TRANSIT OPERATORS TRANSPORTS APPROXIMATELY 7.2 MILLION RIDERS PER [01:32:48] YEAR. THAT IS AMAZING IN THE SOUTH BAY COMMUNITY AND WHEREAS 87% [01:32:52] OF PUBLIC TRANSIT TRIPS CONNECT PEOPLE TO JOBS AND RETAIL AND [01:32:58] ENTERTAINMENT VENUES NOW THEREFORE BE IT I, STACEY ARMATO DO [01:33:07] HEREBY PROCLAIM THAT APRIL 25TH IS NATIONAL GET ON CITY DAY. [01:33:16] CONGRATULATIONS. [01:33:18] >> AND THANK YOU. [01:33:19] >> AUDIENCE: [APPLAUSE]. [01:33:21] >> THIS LOOKS BEAUTIFUL. THANK YOU. [01:33:25] >> THANK YOU. [01:33:26] >> I WILL TAKE THE PICTURE. [01:33:28] >> CAN MY COLLEAGUES COME DOWN? I MEAN, THIS IS FUN. [01:33:31] >> IT IS CUTE. [01:33:34] >> GOOD TO SEE YOU. [01:33:40] >> IT EVEN HAS A REAR VIEW MIRROR. DO YOU LIKE THAT? DO [01:33:45] YOU WANT TO HOLD IT? [01:33:46] >> AUDIENCE: [LAUGHING]. [01:33:47] >> ALL RIGHT. [01:33:48] >> OKAY. 1, 2, 3, CHEESE. 1, 2, 3, THANK YOU VERY MUCH. [01:33:57] >> THANK YOU. [01:33:58] >> ENJOY. [01:33:59] >> AND, AGAIN, THANK YOU VERY MUCH. [01:34:01] >> WE REALLY APPRECIATE IT. [01:34:03] >> THANK YOU. AGAIN, WE APPRECIATE YOUR SUPPORT. [01:34:18] >> ALL RIGHT. I THINK WE ARE ON TO OUR CITY MANAGER [01:34:21] REPORTS. DO WE HAVE ANY TONIGHT? 5 of 75 [01:34:24] >> I DON'T HAVE AN UPDATE TONIGHT. [01:34:26] >> OKAY. ALL RIGHT. MADAM CLERK? [01:34:29] >> WE ARE AT PUBLIC PARTICIPATION. THE COUNCIL VALUES THE [01:34:33] BROWN ACT. COUNCIL GENERALLY PROHIBITS -- JUST TO MAKE NOTE, WE [01:34:40] HAVE THREE WRITTEN COMMUNICATIONS FROM ANTHONY HIGGINS UNDER ORAL [01:34:47] COMMUNICATIONS. IF YOU WISH TO PROVIDE A PUBLIC COMMENT, PLEASE [01:34:51] FILL OUT A SPEAKER CARD TO ENSURE OUR NAMES ARE CORRECTLY [01:34:59] RECORDED IN THE MINUTES. WITHIN COUNCIL JURISDICTION BUT NOT ON [01:35:04] THE AGENDA OR ON AGENDA ITEMS TO WHICH PUBLIC COMMENTS WON'T BE [01:35:09] TAKEN, WHICH ARE MISCELLANEOUS ITEMS, REPORTS, AND OTHER MATTERS [01:35:14] OR REQUEST THE REMOVAL OF ITEMS FROM THE CONSENT CALENDAR. [01:35:19] PUBLIC ITEMS ON AGENDA ITEMS AND MISCELLANEOUS REPORTS WILL ONLY [01:35:25] BE HEARD AT THIS TIME. [01:35:27] MEMBERS OF THE AUDIENCE MAY ALSO SPEAK DURING THE DISCUSSION [01:35:32] OF ANY ITEMS REMOVED FROM THE CONSENT CALENDAR DURING PUBLIC [01:35:38] HEARINGS AND DISCUSSION MATTERS APPEARING IN MUNICIPAL MATTERS. [01:35:43] COMMENTS FROM THE PUBLIC ARE LIMITED TO THREE MINUTES PER [01:35:46] SPEAKER. [01:35:47] >> ALL RIGHT. MADAM CLERK, DO YOU HAVE ANY CARDS? [01:35:52] >> I DO. THE FIRST IS FROM BILL HALLOCK. AFTER THAT IS [01:35:58] SARAH MAY HARPER. [01:36:04] >> GOOD EVENING. [01:36:12] >> GOOD EVENING, LADIES AND GENTLEMEN. IT IS APRIL. EVERY [01:36:17] APRIL, I USUALLY COME UP HERE. IT IS THE MIGRATORY SEASON OF THE [01:36:21] FISH COMING UP FROM MEXICO: CALICO BASS, SAND BASS, 14 INCHES [01:36:28] BARRACUDA, 22 INCHES. HALIBUT IS 22 INCHES AND MAIN CONCERN IS [01:36:34] BENIATA 22 INCHES AND LIMIT OF 5. I WOULD GO ON FOR [01:36:40] THREE MINUTES AND PEOPLE COME AND ABUSE THE LAWS AND TAKE BENIATA [01:36:44] ONLY 8 INCHES. THEY HAVE TO BE 22 WITH A LIMIT OF 5, AND THEY [01:36:49] TAKE HUNDREDS. THEY PUT THEM IN AN ICE BUCKET AND TAKE THEM TO [01:36:54] EL MONTE AND COMMERCE AND HUNTINGTON PARK AND SELL THEM FOR CAT [01:36:59] FOOD. BEFORE I SPEND ALL THREE MINUTES WHINING AND COMPLAINING, [01:37:06] I HAPPENED TO GO OVER TO CODE ENFORCEMENT AND JUST ASK. I SAID I [01:37:11] AM GOING TO GO DO MY ANNUAL -- LET'S SEE IF WE CAN DO SOMETHING [01:37:16] ABOUT OUR RESOURCES SPEECH. I HAPPENED TO TALK TO JIM HENIAN, [01:37:22] ONE OF THE MOST PROFESSIONAL PEOPLE I HAD THE PLEASURE OF TALKING [01:37:26] TO HERE IN HERMOSA BEACH FOR THE LAST COUPLE OF MONTHS. I DON'T [01:37:31] KNOW IF ANY OF YOU HELPED HIM OR SET THE BALL IN MOTION, BUT HE [01:37:38] SAID YOUR CONCERNS ARE BEING ADDRESSED. I GO OUT THERE EVERY [01:37:43] NIGHT, AND I SEE WHAT YOU ARE TALKING ABOUT. WE ARE TAKING [01:37:46] ACTION. WE ARE TAKING ENFORCEMENT. [01:37:49] FISH AND GAME HAS COME OUT AND INSTRUCTED US ON LAWS, WHAT [01:37:56] TO DO. HIS KNOWLEDGE IS UNBELIEVABLE. HE HAS STUDIED. HE KNOWS [01:38:06] THE RULES. HE KNOWS THE PLAYERS ON THE PIER. I WANT TO THANK [01:38:13] YOU, IF ANY OF YOU HAD AN OPPORTUNITY TO START THAT BALL ROLLING. [01:38:17] HE ASSURED ME THAT HE IS GOING TO CONTINUE ON GOING OUT THERE AND [01:38:22] MAKING SURE OUR RESOURCES ARE NOT CONTINUALLY BEING POACHED. AND 6 of 75 [01:38:27] I WANT TO, AGAIN, SAY HOW PROFESSIONAL HE IS AND WHAT A NICE [01:38:32] GENTLEMAN HE IS. AND THAT HE IS GENERALLY CONCERNED ABOUT THE [01:38:36] RESOURCES IN THIS COMMUNITY. SO IF ANYBODY IS LISTENING AT HOME [01:38:42] OR IN THE AUDIENCE, HE ASSURED ME IF YOU ARE CONCERNED AND HAPPEN [01:38:49] TO GO OUT THERE AND SEE PEOPLE BRINGING UP 16 AT A TIME, GIVE [01:38:53] THEM A CALL. WE ARE FINALLY DOING SOMETHING ABOUT THIS PROBLEM. [01:38:56] I APPRECIATE IT WHOLEHEARTEDLY IF ANY OF YOU HAD TO DO WITH ANY [01:39:04] OF THIS BALL GETTING STARTED. THANK YOU VERY MUCH. [01:39:06] >> THANK YOU. [01:39:08] >> AFTER SARAH IS MARK WORSHAW. [01:39:14] >> GOOD EVENING. I'M SARA HARPER LIBRARIAN AT HERMOSA [01:39:21] BEACH LIBRARY AND MAKING A COUPLE ANNOUNCEMENTS. THIS WEEK IS [01:39:26] NATIONAL LIBRARY WEEK. WE ARE CELEBRATING LIBRARIES ALL WEEK. [01:39:32] TODAY IN PARTICULAR IS NATIONAL LIBRARY WORKER DAY. I WOULD LIKE [01:39:36] TO GIVE A SHOUT OUT TO THE WONDERFUL STAFF AT HERMOSA BEACH [01:39:41] LIBRARY. THEY ARE HARDWORKING, AND I'M GLAD TO WORK WITH SOME OF [01:39:45] THEM. PROGRAMS COMING UP FOR NATIONAL LIBRARY WEEK. WE HAVE A [01:39:50] SPECIAL CHILDREN'S PROGRAM ON FRIDAY AT 3:30 MRS. BITS AND BOBS [01:39:56] FROM LAND OF IMAGINATION WILL BRING HER STORYTELLING PROGRAM TO [01:40:00] US ON SATURDAY APRIL 13TH AT 10:30. WE ARE HAVING OUR THERAPY [01:40:05] DOGS AND CHILDREN WHO ARE BEGINNING READERS CAN SIT AND READ [01:40:11] ALOUD TO A THERAPY DOG. NEXT THURSDAY, APRIL 18TH, MAKE MORE [01:40:18] MAKER MOBILE TEAM COMING TO THE LIBRARY TO DO A PROGRAM FOR KIDS [01:40:22] AT 3:30 OF DINOSAUR BONE PUZZLES AND AT 5 O'CLOCK, A PROGRAM FOR [01:40:31] ADULTS ON CUBELETS, WHICH ARE MANY COLOR-COATED ROBOTS. IT IS AN [01:40:37] INTRODUCTION TO CODING WITH ROBOTS. THAT IS ALL I HAVE FOR [01:40:43] TODAY. [01:40:44] >> WELL, THANK YOU VERY MUCH. [01:40:45] >> THANK YOU. [01:40:46] >> WE APPRECIATE THAT. MARK? [01:40:51] >> AFTER MARK, IT WILL BE SELENA DOUGLAS. [01:40:55] >> GOOD EVENING, MAYOR AND MAYOR PRO TEM AND MEMBERS OF THE [01:40:59] COUNCIL, I'M MARK WORSHAW AND RESIDE ON MONTERREY BOULEVARD. [01:41:07] COUNCIL HAS SUPPORTED SMALL BUSINESSES AND VARIOUS ISSUES BEFORE [01:41:11] THE COUNCIL. I'M HERE WITH MY FRIEND SELENA DOUGLAS, WHO RUNS [01:41:16] THE BEACH MARKET DOWNTOWN. SHE HAS SPECIFIC ISSUES SHE WANTS TO [01:41:21] RAISE ABOUT PUBLIC SAFETY IN HER NEIGHBORHOOD. I WANTED TO TAKE [01:41:25] MY BROWN ACT THREE-MINUTE OPPORTUNITY TO COMMENT ON MY [01:41:30] IMPRESSIONS ABOUT THE PUBLIC SAFETY HERE IN HERMOSA BEACH. [01:41:35] UNBELIEVABLY, TO ME, MY WIFE AND I MOVED TO HERMOSA BEACH [01:41:41] 35 YEARS AGO. AT THE TIME BACK IN THE MID 80S, WE WERE REGALED [01:41:47] WITH STORIES OF HERMOSA'S COLORFUL PAST IN THE 60S WITH BIKER [01:41:54] GANGS THAT WOULD GO UP AND DOWN THE SIDEWALKS DOWNTOWN. I WAS [01:41:58] HERE, OBVIOUSLY, WHEN YOUR PREDECESSORS CAME UP WITH A PURE PLAZA [01:42:04] CONCEPT. AND AS A YOUNGER MAN, I THOUGHT THAT WAS A GREAT IDEA. [01:42:11] NOW I'M IN MY DOTAGE. I KIND OF HAVE A DIFFERENT PERSPECTIVE. I [01:42:17] THINK THAT, YOU KNOW, HERMOSA HAS BECOME SORT OF A DESTINATION. 7 of 75 [01:42:21] IT IS NOT THE SLEEPY LITTLE BEACH TOWN IT WAS OR MAY NEVER [01:42:26] HAVE BEEN. IT SEEMED TO BE WHEN I FIRST MOV ED HERE. [01:42:29] AND I THINK THAT WE HAVE SOME BIG CITY PROBLEMS. WE HAVE -- [01:42:34] WE HAVE OBVIOUSLY A HOMELESS POPULATION WE HAVE -- WE HAVE -- WE [01:42:41] HAVE I THINK MORE CRIME THAN WE HAVE HAD IN THE PAST. IT IS NOT [01:42:45] ALL RELATED TO WHAT GOES ON, ON THE PIER PLAZA. THAT IS A MAGNET [01:42:53] FOR ALL OF THIS. I DON'T KNOW WHAT THE PHILOSOPHY OF OUR POLICE [01:42:57] DEPARTMENT IS. I BELIEVE WE COULD BENEFIT, AND I CERTAINLY DON'T [01:43:00] WANT TO SOUND LIKE RUDY JULIANI HERE, BUT I THINK WE COULD [01:43:06] BENEFIT FROM BIG PRACTICES OF BIG CITY POLICING WHERE THEY LOOK [01:43:10] AFTER THE SMALL THINGS AND THEY TAKE A LOOK AT GRAFFITI AND TAKE [01:43:14] A LOOK AT, YOU KNOW, MINOR INFRACTIONS AND I WAS REALLY INSPIRED [01:43:21] BY THE FACT THAT YOU GUYS ARE -- THE CITY IS ENFORCING FISHING [01:43:26] LIMITS ON THE PIER. THAT IS JUST THE SORT OF THING I WAS [01:43:30] THINKING OF. THEY SAY IF YOU TAKE CARE OF THE LITTLE THINGS, [01:43:34] THAT SENDS THE MESSAGE THAT PEOPLE CARE AND CONVERSELY IF YOU [01:43:38] DON'T TAKE CARE OF THE LITTLE THINGS, THAT SENDS THE MESSAGE [01:43:42] THAT, YOU KNOW, IT IS LAISSEZ-FAIRE AND ANYTHING GOES. SO THAT [01:43:46] IS MY $0.02 WORTH. THANK YOU FOR YOUR TIME. [01:43:49] >> THANK YOU VERY MUCH, MARK. SELENA? [01:43:54] >> AFTER SELENA IS TRENT LAIRSON. [01:44:02] >> GOOD EVENING MAYOR AND COUNCILMEN. RECENTLY, I HAD TO [01:44:08] CALL THE POLICE SO MANY TIMES IN THE LAST SIX WEEKS. [01:44:11] LAST WEEK, APRIL 3RD, WEDNESDAY, I HAD TO CALL. WE HAD A [01:44:17] REALLY BAD GRAFFITI ON A BIG MONUMENT SIGN OUTSIDE OUR DOOR AND [01:44:23] SOME SMALL SIGN TOO. SO THE POLICE SHOW UP, SO I REPORTED. HE [01:44:28] SAID, OH, IT IS JUST A LIQUOR STORE. YOU KNOW, THIS IS NOTHING. [01:44:33] I SAY, WELL, WE ARE NOT LIQUOR STORE. WE ARE MARKET AND WE [01:44:37] SERVICE COMMUNITY SINCE 1990, ALMOST 30 YEARS. YOU KNOW? WE [01:44:42] CARE ABOUT THE CITY. YOU KNOW? [01:44:44] SO THEN I SAY, OKAY. NOT ONLY GRAFFITI ON OUR SIGN, THERE [01:44:49] IS A GRAFFITI IN THE BACK PARKING LOT. IT HAS A YELLOW, BIG [01:44:56] POLES WITH CITY PARKING. I SAID YELLOW POSES AS GRAFFITI TOO. [01:45:03] CAN YOU TAKE A LOOK AT IT, YOU KNOW? [01:45:05] SO HE JUST SAY, OKAY. THIS IS CITY PROPERTY. SINCE HE [01:45:10] DOESN'T REALLY CARE ABOUT THIS, IT SEEMS. [01:45:13] AND LAST YEAR, WE DID REPORT THE INCIDENTS BECAUSE OF THE [01:45:20] SMALL PARKING LOT RIGHT BEHIND US, SOMEBODY PARKED THERE. AS HE [01:45:26] IS LEAVING, HE BACK INTO OUR BUILDING WALL. THERE IS A BIG HOLE. [01:45:30] SO IT WAS REALLY UPSET BY THAT, YOU KNOW? I FIX THE HOLE BY [01:45:36] MYSELF ON MY EXPENSE. CITY DID FIX THE YELLOW POLE. YOU KNOW, [01:45:41] THE BIGGER AND THE STRONGER ONE. I WAS SUGGESTING LAST YEAR TO [01:45:46] ADD ON MORE LIGHTS. THAT PARKING LOT IS REALLY DARK. RIGHT [01:45:50] ADJACENT PARKING STRUCTURE ON 14TH COURT AND 14TH STREET, THERE [01:45:56] IS NO LIGHTS AT ALL. A LOT OF PEOPLE HANG AROUND THERE IN THE [01:46:00] DARK. YOU KNOW? SO FOR PUBLIC SAFETY AND SECURITY, I SUGGEST [01:46:05] THAT THE CITY APPROVE A BUDGET TO PUT THE LIGHTS ON, PLEASE. WE 8 of 75 [01:46:10] DON'T WANT TO HAVE A MORE -- YOU KNOW, KIND OF DANGEROUS THINGS [01:46:13] ESPECIALLY FOR PUBLIC PARKING. A LOT OF PEOPLE ARE GOING IN AND [01:46:17] OUT IN THE NIGHTTIME. SO HOPING THAT CITY CAN APPROVE, YOU KNOW, [01:46:22] THOSE LIGHTS AND PUT IT ON. I THANK YOU FOR YOUR ATTENTION TO [01:46:26] THE MATTERS. THANK YOU. [01:46:28] >> THANK YOU VERY MUCH. I JUST WANT TO CLARIFY WITH OUR [01:46:32] CITY CLERK, DO YOU HAVE SELENA'S CONTACT INFORMATION ON THE CARD [01:46:36] SO THE CITY MANAGER CAN CIRCLE BACK WITH HER? [01:46:39] >> IT IS NOT. [01:46:40] >> SELENA, DO YOU MIND PROVIDING YOUR CONTACT INFORMATION [01:46:45] AND OUR CITY MANAGER WILL CONNECT WITH YOU? [01:46:48] >> OKAY. [01:46:49] >> TRENT. [01:46:50] >> AFTER TRENT WOULD BE JIM ROSENBERGER. [01:46:53] >> HELLO. TRENT LARSON. HOW ARE YOU? I WOULD LIKE TO [01:46:59] TALK TO YOU ABOUT THE MEETING THAT HAPPENED TWO WEEKS AGO. [01:47:03] BEFORE THAT, I WANT TO PREFACE MY COMMENTS TONIGHT. I DIDN'T [01:47:08] PLAN TO COME UNTIL I GOT A PRESENT IN THE MAIL. ADVOCATES OF [01:47:13] HERMOSA BEACH WAS GOING TO BE IN IT. MY CAR, FOR SOME REASON [01:47:18] BROKE DOWN IN THE PARKING LOT. I COULDN'T JOIN THE PARADE. I [01:47:23] MADE A BEAUTIFUL SIGN: ADVOCATES FOR HERMOSA BEACH. WE ARE [01:47:28] TRYING TO GET POLITICAL HORSEPOWER SO OUR ISSUES CAN BE RAISED [01:47:35] AND BE A GOOD STEWARD AND WELCOMING, HONEST, AND HEARTFELT AND [01:47:40] RESPONSIBLE. THAT IS MY GOAL. ANYWAY, I HAD THE SIGN. SOMEBODY [01:47:43] STOLE IT. I HAD IT UP AND SOMEBODY STOLE IT. I HAD A LOT OF [01:47:47] MONEY AND EFFORT INTO THE SIGN. I CALLED IT ART. SOMEBODY TOOK [01:47:51] IT. SO SOMEBODY TOOK THE SIGN, NO BIG DEAL. YESTERDAY, I GOT A [01:47:56] LETTER IN THE MAIL. THE LETTER IN THE MAIL IS KIND OF LIKE A [01:48:01] RANSOM NOTE. AND WHILE IT IS KIND OF FUNNY, IT IS NOT FUNNY. [01:48:07] SO I WANT -- I WILL READ THIS. I WANT YOU GUYS TO HEAR THIS [01:48:11] SO THAT YOU KNOW WHERE I'M COMING FROM IN THE LAST MINUTE. [01:48:14] HOW CAN YOU CALL YOURSELF ADVOCATES FOR HERMOSA BEACH AND [01:48:20] NOT SUPPORT WASTE RECLAMATION PROJECT ON THE GREENBELT? IF YOU [01:48:25] WANT YOUR SIGN BACK, ADVOCATES FOR HERMOSA BEACH NEEDS TO BACK [01:48:29] THIS PUBLICLY ON FACEBOOK BEFORE IT IS TOO LATE FOR THE PROJECT [01:48:35] AND YOUR WORK OF ART. WELL, I'M NOT GOING TO PUBLICLY DENOUNCE [01:48:40] WHAT YOU ALL DID BECAUSE, I THINK, YOU GUYS MADE THE RIGHT CHOICE [01:48:44] IN THE CHOICE THAT YOU CHOSE ABOUT THE INFILTRATION PROJECT. IT [01:48:48] WAS A HARD CHOICE BECAUSE THERE WAS A LOT INVESTED IN THAT. [01:48:52] THERE IS BIG-TIME GRANT MONEY, AND THERE IS THINGS YOU ARE [01:48:56] SUPPOSED TO DO, AND THERE ARE PENALTIES WE CAN INCUR AND THERE IS [01:48:59] STUFF GOING DOWN THE ROAD. YOU KNOW, LIKE I TALKED ABOUT. WE [01:49:03] GOT OVER OUR SKIS, AND WE HAD TO PULL BACK, BUT I THINK YOU MADE [01:49:07] THE RIGHT DECISION. PUTTING SMALLER PROJECTS IN WILL SHOW WE [01:49:11] CARE AND WE ARE TAKING CARE OF OUR OWN STORM RUNOFF AND THEY [01:49:15] WON'T BE AS INTRUSIVE. MOVING THE BIG PROJECT ACROSS THE STREET [01:49:19] IS A BETTER CHOICE. NOBODY WANTS IT SCRAPPED. THE AUTHOR HERE 9 of 75 [01:49:23] GOT IT WRONG. HE IS NOT TOO BRIGHT. HE -- I WILL -- ANYWAY, [01:49:28] NOBODY WANTS THINGS SCRAPPED. I'M HOPING YOU CAN GET IT DONE. [01:49:32] HANNY, THIS IS RIGHT UP YOUR ALLEY TOO. YOU CAN RUB ELBOWS WITH [01:49:38] OTHER PEOPLE AND CONVINCE THEM. YES. YOU! YOU LIKE THAT AND [01:49:42] YOU ARE GOOD AT IT. IT IS A COMPLEMENT HANNY. DON'T TAKE ME [01:49:49] WRONG. THANK YOU. I WANTED TO SHARE IT WITH YOU. I APPRECIATE [01:49:53] IT. THESE PEOPLE ARE ONLY HURTING THEMSELVES. THEY ARE NOT [01:49:57] HURTING ME. THANK YOU. [01:49:58] >> THANK YOU. JIM. [01:50:00] >> AFTER JIM I HAVE ANTHONY HIGGINS. [01:50:03] >> YEAH. JIM ROSENBERGER, 48-YEAR RESIDENT OF HERMOSA AND [01:50:13] INVOLVED HEAVILY MANY YEARS THIS WEEKEND I WAS BICYCLING ALONG [01:50:20] THE STRAND AND CAME TO A PLAZA AND GROUP OF CITIZENS STANDING OFF [01:50:24] AGAINST A MOTORCYCLE GANG. IT WAS GETTING UGLY. SOME WITH [01:50:28] MOTORCYCLE GANG PEOPLE WERE TAKING THEIR HATS OFF, AND THEY WERE [01:50:31] ALL SHAKING THEIR FISTS, AND I WAS TOLD PEOPLE WERE CALLING 911. [01:50:37] I DIDN'T SEE ANYBODY, SO I CALLED 911. [01:50:39] THIS WAS ALL ABOUT QUARTER TO 2 ON SUNDAY AFTERNOON. [01:50:46] FORTUNATELY, IT DID NOT -- IT RESOLVED ITSELF ONLY BECAUSE [01:50:50] SOMEONE FINALLY TALKED SOME SENSE INTO SOMEONE. THERE WAS LOTS [01:50:57] OF SCREAMING GOING ON. I CAN'T TELL YOU WHO DID WHAT. I STUCK [01:51:03] AROUND. SOMEBODY AUGHT TO TALK TO THE POLICE SINCE 911 WAS [01:51:09] CALLED. THEY NEVER SHOWED. I WENT UP TO THE WATCH COMMANDER TO [01:51:14] SEE WHAT HAPPENED? HOW COME NOBODY IS COMING DOWN THERE? WE [01:51:18] WERE TOLD THEY WENT UP TO THE BEACH HOUSE, AND WE WENT UP THERE, [01:51:22] AND WE DIDN'T FIND THEM, AND THEY ALREADY LEFT. I SAW THEM GO UP [01:51:26] IN PIER AVENUE, ACTUALLY, WITH THEIR LOUD MOTORCYCLES. WE ONLY [01:51:31] HAD TWO OFFICERS I'M TOLD BECAUSE WE WERE IN A MUTUAL AID [01:51:35] SITUATION WITH MANHATTAN BEACH. THIS WAS A SUNDAY AFTERNOON. [01:51:39] THE PLAZA WAS CROWDED. IT COULD HAVE GOTTEN REALLY UGLY. [01:51:45] FORTUNATELY, IT DIDN'T. WE NEED TO THINK ABOUT EITHER PUTTING A [01:51:51] BICYCLE PATROL OR WALKING PATROL DOWN THERE, ESPECIALLY ON THE [01:51:55] WEEKENDS WE ARE TALKING ABOUT -- POLICE WILL TELL YOU THEY COME [01:51:59] IN AT 3 O'CLOCK. WELL, YOU KNOW, FOR THE EVENING. AT THAT [01:52:03] POINT, ONE SUNDAY EVENING IS NOT AS MUCH OF A DRUNK ISSUE AS ON A [01:52:08] FRIDAY OR SATURDAY EVENING. PEOPLE KNOW THEY HAVE TO WORK ON [01:52:11] MONDAY. BRINGING SOMEBODY IN UNTIL 3 OR 3:00 A.M. OR WHATEVER [01:52:15] HOURS JUST DOESN'T CUT IT CERTAINLY ON THE WEEKENDS AND CERTAINLY [01:52:19] ON SUNDAY WHEN YOU NEED SOMEONE THERE SOONER. [01:52:21] YOU NEED TO BE MADE AWARE THERE IS A POTENTIAL PROBLEM [01:52:25] THERE. THERE IS -- WHAT I'M TOLD ALSO BY ONE OF THE OFFICERS IS [01:52:29] THAT EVEN THOUGH, AND I REMEMBER BACK IN '97 WHEN IT WAS [01:52:36] CONVERTED FROM A ROAD TO A PLAZA, SOME OF THE HANDICAP PARKING [01:52:42] SPACES ARE STILL DESIGNATED DOWN THERE. THE CITY DIDN'T GO [01:52:45] THROUGH ITS CODE AND CHANGE THAT TO A WALKING AREA, SO [01:52:50] THEORETICALLY, EVEN IF THEY ARRESTED PEOPLE DOWN THERE, HE [01:52:54] POTENTIALLY -- THEY COULD HAVE GOTTEN OFF BY SAYING IT WASN'T 10 of 75 [01:52:58] SIGNED. WE HAVE TO LOOK AT OUR CODE AND MAKE SURE IT IS PROPERLY [01:53:02] SIGNED FOR A PEDESTRIAN PLAZA AND NOT JUST A ROADWAY, WHICH COULD [01:53:09] LEAD TO A PROBLEM. SO YOU HAVE MY $0.02. [01:53:13] >> THANK YOU. MR. HIGGINS? [01:53:25] >> GOOD EVENING. [01:53:30] >> GOOD EVENING. [01:53:31] >> I WANT TO SPEAK BRIEFLY ABOUT WHAT IS GOING ON AND 27TH [01:53:40] ISSUE. I SUBMITTED COUNTLESS SUGGESTIONS TO THE CITY ASKING THEM [01:53:45] TO FOLLOWUP ON THE HEALTH AND THE SAFETY AND THE ENVIRONMENTAL [01:53:51] IMPACTS OF THE TRUCK ROUTE THAT DOES EXIST ON 27TH STREET. [01:53:57] THEY HAVE DONE NOTHING. AND I -- AND -- I GOT TO THINKING, [01:54:02] WELL, I'M SUBMITTING ALL OF THESE WRITTEN COMMUNICATIONS AND [01:54:06] EVERYTHING. THEY ARE JUST BEING SHUFFLED INTO THE PUBLIC RECORD. [01:54:11] WHAT I WANT TO KNOW IS IF A CITIZEN IS REQUESTING SPECIFIC [01:54:21] ACTIONS THAT MAKE SENSE, AND THEY ARE NOT FRIVOLOUS, AND YOU ALL [01:54:30] ARE CHOOSING TO PUT THINGS -- BURY THEM IN THE PUBLIC RECORD, AND [01:54:36] I WANT A REASON WHY YOU DON'T THINK THAT THE ISSUE SHOULD BE [01:54:43] REFERRED TO STAFF FOR ANALYSIS OR AGENDIZED. I WANT TO KNOW WHY [01:54:50] I CAN'T GET THAT ANSWER. IT IS FUNDAMENTAL. YOU ANSWER THAT [01:54:56] QUESTION, AND MAYBE I CAN REFRAME MY ISSUE, MAYBE I CAN GO BACK [01:55:01] AND DO MY HOMEWORK. MAYBE YOU CAN TELL ME IT HAS ALREADY BEEN [01:55:05] ANSWERED, BUT I REQUEST THESE THINGS, AND THEY GO OFF INTO THE [01:55:10] PUBLIC RECORD, AND THEY ARE BURIED AND NOTHING EVER HAPPENS. IT [01:55:14] IS VERY, VERY, VERY FRUSTRATING. [01:55:17] THERE IS NOTHING IN THE BROWN ACT, OKAY? [01:55:23] AND I CAN READ IT TO YOU. THAT PREVENTS FOR A NON-AGENDA [01:55:29] ITEM, MR. JENKINS. I HOPE YOU ARE LISTENING. THERE IS NOTHING [01:55:35] THAT PREVENTS A CITIZEN FROM ASKING A QUESTION. AND THERE IS [01:55:41] NOTHING THAT PREVENTS YOU FROM EXPLAINING WHY YOU DON'T WANT TO [01:55:49] REFER THIS ITEM FOR ACTION. WHY YOU DON'T WANT TO AGENDIZE IT. [01:55:58] THERE IS NOTHING. [01:55:59] IT IS AN ARBITRARY POLICY ON THE CITY'S PART, IF ANYTHING, [01:56:05] BUT IT IS CERTAINLY NOT PART OF THE BROWN ACT. [01:56:09] AND I SENT YOU THE CODE. I WON'T SIT HERE AND QUOTE THE LAW [01:56:13] TO YOU. YOU GUYS CAN READ THE LAW JUST AS WELL AS ME. [01:56:17] SOMETHING IS FUNDAMENTALLY WRONG WHEN A CITIZEN SUBMITS A [01:56:22] WRITTEN COMMUNICATION AND ASKS THAT IT BE REFERRED TO STAFF OR [01:56:28] AGENDIZED AND CAN'T GET A REASON WHY IT ISN'T. SOMETHING IS [01:56:32] FUNDAMENTALLY WRONG, AND I HOPE YOU ADDRESS IT. [01:56:36] >> MR. HIGGINS, WHILE YOUR TIME IS UP, WHY DON'T YOU AND I [01:56:41] CONNECT, AND WE CAN HAVE COFFEE NEXT WEEK AND DISCUSS WAYS WE CAN [01:56:45] MOVE YOUR ISSUES FORWARD OR ADDRESS IT. [01:56:48] >> THAT WILL BE GREAT. [01:56:49] >> ALL RIGHT. THANK YOU. MADAM CLERK, ANYONE ELSE FOR -- [01:56:54] >> I HAVE NO MORE. [01:56:55] >> ALL RIGHT. ANYONE HERE IN THE AUDIENCE HERE TO SPEAK IN [01:57:00] PUBLIC COMMENT? ALL RIGHT. SEEING NO ONE. I WILL CLOSE PUBLIC 11 of 75 [01:57:04] COMMENT AND MOVE ON HERE. MADAM CLERK? [01:57:08] >> WE HAVE THOSE THREE WRITTEN COMMUNICATIONS IF YOU WANTED [01:57:12] TO. [01:57:13] >> OKAY. DO WE HAVE A MOTION OR COMMENTS? [01:57:16] >> MADAM MAYOR, I MOVE THAT WE RECEIVE THE WRITTEN [01:57:20] COMMUNICATIONS THIS EVENING. [01:57:22] >> AND FILE. [01:57:24] >> RECEIVE AND FILE. [01:57:25] >> SECOND. [01:57:26] >> ALL RIGHT. A SECOND. [01:57:28] >> SECOND. [01:57:29] >> ALL RIGHT. WE HAVE A COMMENT FROM OUR CITY MANAGER? [01:57:32] >> MADAM MAYOR, I JUST WANTED TO -- IF THE COUNCIL WOULD, [01:57:36] LIKE I DO HAVE SOME REMARKS I CAN MAKE ABOUT THOSE ITEMS AND [01:57:41] PERHAPS ADDRESS SOME OF THE ISSUES. I KNOW YOU HAVE OFFERED TO [01:57:45] MEET WITH HIM FOR COFFEE. I'M HAPPY TO GIVE THEM TO YOU. [01:57:50] >> I WOULD BE HAPPY FOR YOU TO MAKE THEM RIGHT NOW. MR. [01:57:53] HIGGINS, ARE YOU -- [01:57:55] >> UNFORTUNATELY, THE HEARING AID SYSTEM IS NOT WORKING. [01:57:59] IT IS DIFFICULT. [01:58:00] >> DO YOU WANT TO MOVE TO THE FRONT ROW? [01:58:03] >> SORRY. [01:58:04] >> SHE WILL ADDRESS YOUR QUESTIONS IN AS CLEAR A VOICE AS [01:58:08] POSSIBLE FOR YOU. [01:58:09] >> ABSOLUTELY. WHAT I WANTED TO SHARE IS THAT THERE -- WE [01:58:13] HAVE HAD A NUMBER OF E-MAIL COMMUNICATIONS FROM MR. HIGGINS. I [01:58:17] HAVE PERSONALLY RESPONDED TO HIM ON SEVERAL OF THOSE. I [01:58:21] APPRECIATE THE ONES, ESPECIALLY, THAT DO REPORT TO US INCIDENTS [01:58:26] THAT WE DO BELIEVE WOULD BE IN VIOLATION OF WHAT WE WOULD EXPECT [01:58:30] FROM CONTRACTORS. WE HAVE ADDRESSED THOSE. I WANT TO LET THE [01:58:34] COUNCIL KNOW AS WELL AS ANYONE ELSE THAT IS INTERESTED IN ON 27TH [01:58:39] STREET, WE DO TAKE ALL OF YOUR E-MAILS AND COMMENTS HERE, AND WE [01:58:43] LOOK INTO THEM. WE DO PROVIDE YOU WITH FEEDBACK. SO I WANT TO [01:58:47] BE SURE THAT WE ARE ACCURATELY REFLECTING THE RESPONSE THAT CITY [01:58:54] STAFF IS PROVIDING TO YOU. ALMOST EVERY DEPARTMENT IS ENGAGED ON [01:58:58] THIS ISSUE. RICHARD RODRIGUEZ, PUBLIC WORKS DEPARTMENT DIRECTOR [01:59:06] MEETS WITH YOU ONCE A WEEK AND PROVIDES RESPONSES TO YOUR [01:59:09] E-MAILS. COUNCIL, YOU MIGHT REMEMBER THAT CITY ATTORNEY PROVIDED [01:59:14] MR. HIGGINS A LETTER ON SEPTEMBER 25TH, 2018. IT WENT INTO [01:59:20] DETAIL ON THE CITY'S POSITION ON VARIOUS STATEMENTS AND ON THE [01:59:24] VARIOUS REMARKS THAT MR. HIGGINS HAS MADE ABOUT 27TH STREET, [01:59:30] WHICH WE DON'T UNDERVALUE AT ALL. I APPRECIATE THAT THESE ARE [01:59:33] IMPACTS YOU FEEL PERSONALLY. WE HAVE PROVIDED YOU WITH RESPONSES [01:59:38] AS TO WHY MOST OF THE ACTIVITIES YOU REPORTED ARE NOT OUT OF LINE [01:59:42] WITH WHAT WE WOULD EXPECT FOR THAT STREET. AS THAT STREET IS [01:59:47] DESCRIBED IN PLANNED HERMOSA. I COULD HIGHLIGHT SOME OF THE [01:59:51] POINTS MR. JENKINS MADE. AND MR. HIGGINS HAS THE LETTER THAT IS 12 of 75 [01:59:58] IN PUBLIC RECORD, AND MR. HIGGINS ALSO MADE SEVERAL PUBLIC [02:00:02] RECORDS REQUESTS, WHICH WE APPRECIATE AND RESPONDED TO. I THINK [02:00:06] THEY NUMBER AROUND 15. WE ARE VERY RESPONSIVE. THE ISSUE HERE [02:00:11] IS THAT THERE IS A DIFFERENCE OF -- OF OPINION AND ALSO WE -- WE [02:00:16] BASE OUR DECISION ON WHETHER TO TAKE ACTION ON A PARTICULAR [02:00:20] MATTER BASED ON OUR STAFF VETTING THE ISSUES BASED ON HAVING OUR [02:00:26] STAFF EXPERTS REVIEW THE ISSUE, AND WE DON'T FIND THAT THERE IS A [02:00:30] NEED OR A -- WE DON'T FIND THAT THE COMPLAINTS WARRANT ACTION. [02:00:35] >> CAN I RESPOND? [02:00:38] >> UM, YEAH. WE CLOSED PUBLIC COMMENT. I WANT TO BE CLEAR [02:00:43] ON THAT. AGAIN, YOU AND I CAN TALK NEXT WEEK. [02:00:46] >> OKAY. BECAUSE I HAVE A VERY DIFFERENT STORY. [02:00:49] >> AND THAT'S OKAY. THAT'S ALL RIGHT. [02:00:52] >> YEAH. I HAVE GOTTEN MANY RESPONSES. [02:00:55] >> I UNDERSTAND. [02:00:56] >> BUT NOT WHEN IT COMES DOWN TO CONCRETE ISSUES. [02:01:00] >> I UNDERSTAND THIS CAN'T BE A DIALOGUE. [02:01:02] >> OKAY. WE WILL TALK. [02:01:04] >> I APPRECIATE YOU WERE HERE NEXT WEEK. MOTION AND [02:01:08] SECOND, ALL THOSE IN FAVOR? [02:01:09] >> AYE. [02:01:10] >> ALL RIGHT. MADAM CLERK? [02:01:13] >> WE ARE AT THE CONSENT CALENDAR OF ITEMS TO PULL. [02:01:17] >> DO MY COLLEAGUES HAVE ANY ITEMS ON THE CONSENT CALENDAR [02:01:21] TO PULL? NO? DO WE HAVE A MOTION? [02:01:23] >> MADAM MAYOR, I MOVE THAT WE RECEIVE THE CONSENT CALENDAR [02:01:30] AND FILE. [02:01:31] >> APPROVE. [02:01:32] >> APPROVED IT. [02:01:33] >> APPROVED IT. [02:01:36] >> ALL RIGHT. WE HAVE A MOTION AND SECOND. ALL THOSE IN [02:01:39] FAVOR? [02:01:40] >> AYE. [02:01:41] >> AYE. [02:01:43] >> MADAM CLERK? [02:01:45] >> OKAY. PUBLIC HEARING, ITEM 5A, THIS IS CONSIDERATION OF [02:01:49] AN ORDINANCE REGULATING SIDEWALK VENDING IN COMPLIANCE WITH SB46 [02:01:57] REPORT IS ACTING PUBLIC WORKS DIRECTOR RICHARD RODRIGUEZ AND [02:02:03] SUPPLEMENTAL E-MAIL FROM HOWARD LONGACRE THAT WAS RECEIVED [02:02:11] YESTERDAY AND SUPPLEMENTAL INFORMATION FROM COUNCIL MEMBER [02:02:14] FANGARY THAT WAS RECEIVED TODAY. [02:02:19] >> ALL RIGHT. WELCOME. [02:02:21] >> THANK YOU. GOOD EVENING. OUR ASSISTANT CITY ATTORNEY [02:02:31] THAT PRESENTED THE ITEM LAST TIME IS NOT GOING TO DO THE [02:02:37] PRESENTATION. WE DO HAVE OUR CITY ATTORNEY, WHO IS GOING TO HELP [02:02:42] US OUT TO COMPLETE THE WHOLE ISSUE. [02:02:46] >> DID YOU WANT ME TO DO THE PRESENTATION? 13 of 75 [02:02:49] >> YES. [02:02:50] >> YOU ARE THE BEST VANNA WHITE. [02:02:53] >> RIGHT? I NEEDED THAT INTRO, I GUESS. [02:02:56] >> AUDIENCE: [LAUGHING]. [02:02:57] >> ESTEEMED CITY ATTORNEY FOR THE PRESENTATION. [02:03:00] >> THANK YOU, MAYOR AND MEMBERS OF THE COUNCIL AND MR. [02:03:03] RODRIGUEZ. AT OUR HEARING A MONTH AGO COUNCIL ASKED QUESTIONS [02:03:12] AND STAFF ANSWERS IT AND PACKET IN FRONT OF YOU EXPRESSLY [02:03:16] ADDRESSES EACH OF THOSE POINTS. I WILL BRIEFLY SUMMARIZE THEM. [02:03:22] IN SECTION 12.38.30 OF THE ORDINANCE, COUNCILMAN MASSEY [02:03:34] SUGGESTED REMOVING THE INTRODUCTORY LANGUAGE AND COMMUNITY [02:03:39] DEVELOPMENT DEPARTMENT AS TO WHY THEY WERE CONCERNED ABOUT [02:03:43] REMOVING THAT LANGUAGE BECAUSE, IN FACT, SOME EVENTS ARE [02:03:47] OTHERWISE PERMITTED WITH PERMITS. THEY WOULD LIKE TO RETAIN THE [02:03:53] LANGUAGE, AND WE ADDED THE FOLLOWING SITES TO THE AREAS THAT ARE [02:03:58] RESTRICTED. THE PIER HAD PIER PLAZA AT CERTAIN TIMES, WE HAD [02:04:07] BLACKOUT DATES AND TIMES, AND THAT IS ONE THING THAT WAS [02:04:10] SUGGESTED BY THE CITY COUNCIL. A BLOCK FROM THE FIESTA DURING [02:04:15] THE DAYS WHEN THAT EVENT IS TAKING PLACE AND THERE ARE SOME MINOR [02:04:20] CLARIFICATIONS RELATIVE TO RESTRICTING ON PRIVATE PROPERTY IN [02:04:24] RESIDENTIAL ZONES AND PRIVATE PROPERTY AND COMMERCIAL ZONES [02:04:27] WITHOUT THE CONSENT OF THE PROPERTY OWNER AND WITHOUT A [02:04:31] CITY-ISSUED PERMIT. LET ME NOTE THAT IN ONE OF THE [02:04:35] SUPPLEMENTALS, SUPPLEMENTAL FROM MR. LONGACRE, HE QUESTIONS [02:04:39] WHETHER WE SHOULD BE ADDRESSING LORETA PLAZA AND SPECIFICALLY AS [02:04:44] TO WHETHER OR NOT THAT IS PART OF THE PIER PLAZA. MY SUGGESTION [02:04:50] IS WE ADD LORETA PLAZA SPECIFICALLY TO THAT SECTION, AND YOU CAN [02:04:55] DECIDE WHETHER YOU WANT TO ADD IT TO G, WHICH WOULD MEAN IT WOULD [02:04:58] BE UNAVAILABLE DURING THE SAME PERIODS OF TIME AND DURING THE [02:05:02] SAME BLACKOUT DATES AS PIER PLAZA OR ADD A SEPARATE LETTER AND [02:05:08] PROHIBIT VENDING IN LORETA PLAZA ALL TOGETHER ON THE THEORY IT IS [02:05:14] A SMALL SPACE AND USED AS A PASS-THROUGH AND MIGHT NOT BE A [02:05:19] SUITABLE PLACE FOR A VENDOR TO SET UP. THAT IS ONE DISCUSSION [02:05:23] POINT THAT, I THINK, I WOULD LIKE YOU TO KEEP IN MIND AS I FINISH [02:05:27] AND WE GET INTO THE DISCUSSION PART OF THIS. [02:05:30] THE SECOND ISSUE IN THE STAFF REPORT ADDRESSES INSURANCE. I [02:05:39] HAVE SOME ADDITIONAL INFORMATION I WANTED TO CONVEY. I WASN'T [02:05:44] QUITE SURE THAT THE INFORMATION THAT -- THAT WE HAD ACQUIRED AS [02:05:47] OF THE WRITING OF THE STAFF REPORT WAS REALLY AS RESPONSIVE AS I [02:05:52] FELT IT SHOULD BE TO THE INQUIRY. WE CALLED UP A LOCAL INSURANCE [02:05:57] BROKER HERE IN HERMOSA BEACH AND SAID IF WE WANTED TO BY $1 [02:06:04] MILLION OF COMMERCIAL LIFE INSURANCE TO SET UP A VENDING CART TO [02:06:09] SELL HOT DOGS OR WHATEVER, WHAT WOULD IT COST US IN PREMIUM FOR [02:06:13] THE INSURANCE? HE CAME BACK WITH A NUMBER OF $570, ANNUAL [02:06:20] PREMIUM FOR A MILLION DOLLARS OF INSURANCE. IT GIVES YOU S OME [02:06:24] SENSE WHAT IT WOULD COST A VENDOR TO GET THAT LEVEL OF INSURANCE. [02:06:29] WE CLARIFIED SECTION 12.3890 OPERATING REQUIREMENTS. IF YOU 14 of 75 [02:06:36] REMEMBER, WE HAD A VERY EXTENSIVE DISCUSSION ON THE SUBJECT OF [02:06:39] WHAT IS PROHIBITED AND WHAT IS NOT PROHIBITED, AND WE CLARIFIED [02:06:44] 20908 TO SAY YOU CANNOT SELL LOTTERY TICKETS, ADULT OR MATERIAL [02:06:52] TOBACCO OR ELECTRONIC CIGARETTE PRODUCTS AND CAN'T SELL OR OFFER [02:06:58] FOR SALE ILLEGAL MERCHANDISE. WE COVERED BOTH OF THOSE ITEMS. [02:07:03] THAT REALLY REFLECTS THE CHANGES THAT HAVE BEEN MADE IN THE [02:07:08] ORDINANCE. THE ORDINANCE IS NOW AVAILABLE FOR YOU FOR FIRST [02:07:13] READING. AGAIN, I WOULD JUST SUGGEST IT THAT YOU HAVE A [02:07:18] CONVERSATION ABOUT -- ABOUT WHERE YOU WANT TO ADD LORETA PLAZA, [02:07:25] WHICH, I THINK, IS A GOOD IDEA. ALSO, IF YOU WILL INDULGE ME IN [02:07:30] THIS ONE POINT, IN HIS SUPPLEMENTAL LETTER, MR. LONGACRE MAKES [02:07:35] THE OBSERVATION THAT LORETA PLAZA IS AN AREA THAT SHOULD BE A [02:07:42] PUBLIC AVAILABLE AREA FROM THE GROUND UP, AND HE IS CRITICAL OF [02:07:46] THE PRIVATE USE OF THAT SPACE WITH THE TWO BRIDGES THAT ARE [02:07:52] ACROSS THAT AIR SPACE. I WANT TO MAKE THE OBSERVATION THAT IN [02:07:57] 1975, LONG BEFORE ANY OF US WERE INVOLVED IN THE CITY, THE CITY [02:08:03] GAVE AN EASEMENT TO THE THEN OWNER OF THE TWO BUILDINGS ON BOTH [02:08:09] SIDES OF LORETA PLAZA. THAT EASEMENT IS PERPETUAL IN NATURE AND [02:08:15] IT IS AN AIR-RIGHTS EASEMENT AND ALLOWS OWNER OF TWO BUILDINGS ON [02:08:22] EITHER SIDE OF LORETO PLAZA TO USE AIR SPACE AND AIR RIGHTS ABOVE [02:08:28] THE LAND TO GO ON, OVER, AND ACROSS LORETA PLAZA IN PERPETUITY, [02:08:34] AND IT PROVIDED NO CONSIDERATION FOR THE GIVING OF THAT RIGHT. [02:08:38] THAT EASEMENT WAS GIVEN IN 1975. TO THE EXTENT THAT HE [02:08:43] CRITICIZES THE USE OF THE AIR RIGHTS ON LORETA PLAZA, IT IS [02:08:52] SOMETHING WHICH WE REALLY HAVE NO SIGNIFICANT CONTROL BY VIRTUE [02:08:56] OF THAT ACTION OF THE CITY COUNCIL IN 1975. THAT CONCLUDES MY [02:09:01] REPORT. I WOULD BE HAPPY TO ANSWER ANY OF MY QUESTIONS. [02:09:04] REITERATE THAT WE ARE CONSIDERING THIS ORDINANCE BECAUSE OF THE [02:09:10] DICTATES OF STATE LAW THAT WE DO NOT WANT TO HAVE AN UNREGULATED [02:09:17] ENVIRONMENT AND THE STATE LAW WOULD ESSENTIALLY REQUIRE US TO [02:09:22] ALLOW VENDING IN AN UNREGULATED ENVIRONMENT WITHOUT THE ADOPTION [02:09:26] OF AN ORDINANCE THAT WE HAVE ATTEMPTED TO WALK A FINE LINE AND [02:09:30] PROVIDING SUFFICIENT REGULATIONS TO ASSURE THAT THERE ARE [02:09:35] SUFFICIENT RESTRICTIONS AND REGULATIONS IN PLACE AND AT THE SAME [02:09:39] TIME NOT TO BE SO PROHIBITIVE THAT IT COULD BE ARGUED THAT OUR [02:09:44] ORDINANCE WAS, IN FACT, PROHIBITORY IN NATURE. WE DON'T [02:09:50] ANTICIPATE ANY INCREASE IN VENDING AS A CONSEQUENCE OF THE [02:09:54] ADOPTION OF THIS ORDINANCE, AND THERE IS NO SIGNIFICANT VENDING [02:09:57] IN THE CITY TO SPEAK OF OUTSIDE OF SPECIAL EVENTS WHERE IT IS [02:10:02] PERMITTED SPECIFICALLY. IN SOME CASES, ENCOURAGED. [02:10:06] BUT WE DON'T REALLY ANTICIPATE A RISE IN VENDING. WE THINK [02:10:11] THAT THE RESTRICTIONS THAT HAVE BEEN IMPOSED HERE WILL GO A LONG [02:10:15] WAY TOWARD ENSURING THAT IF IT HAPPENS AT ALL, IT IS IN A VERY [02:10:20] LIMITED SORT OF WAY. THAT CONCLUDES MY REPORT. [02:10:23] >> WAIT FOR COMMENT ON THIS ITEM. [02:10:26] >> YEAH. YES. WE WILL HAVE PUBLIC COMMENT ON THIS. THANK [02:10:29] YOU, CITY ATTORNEY. I WANT TO LOOK TO MY COLLEAGUES TO SEE IF WE 15 of 75 [02:10:33] HAVE ANY QUESTIONS. I WILL START WITH COUNCILMEMBER MASSEY. [02:10:37] >> I DO, MAYOR. PRETTY STRAIGHTFORWARD ONE COMMUNITY [02:10:41] DEVELOPMENT DIRECTOR AND ACTING PUBLIC WORKS DIRECTOR AT RISK OF [02:10:46] STATING DEBATE WHICH DEPARTMENT SHOULD BE AT STATION FOR THIS [02:10:51] PARTICULAR PERMITTING REGIME. WE HAVE IT WRITTEN WHERE IT IS THE [02:10:54] PUBLIC WORKS DEPARTMENT. WE HAVE A VERY BRIEF DISCUSSION OF THE [02:10:58] PUBLIC WORKS DEPARTMENT GUIDE FOR A VARIETY OF REASONS AND ONE OF [02:11:03] WHICH THEY GOVERN OUR PUBLIC SPACES OR MANAGE OUR PUBLIC SPACES. [02:11:08] IT SEEMS TO ME THIS IS A TRANSIENT TYPE OF ACTIVITY AS [02:11:15] OPPOSED TO PERMANENT ADDITION AS TO PUBLIC SPACES AS A RESULT [02:11:19] BROADLY CONCEPTUALLY. IT SEEMS AS IF THE COMMUNITY DEPARTMENT [02:11:24] WOULD BE AN APPROPRIATE DEPARTMENT TO DO PERMITTING FOR THIS [02:11:27] PARTICULAR ACTIVITY AS OPPOSED TO PUBLIC WORKS DEPARTMENT, BUT I [02:11:31] WOULD INVITE DIRECTOR ROBINSON AND ACTING DIRECTOR ROBIN [02:11:39] RODRIGUEZ TO TELL US WHETHER OR NOT THEY FEEL STRONGLY THAT THE [02:11:43] PUBLIC WORKS DEPARTMENT SHOULD BE THE PERMITTING AUTHORITY HERE. [02:11:48] >> I LOVE THE IDEA, I TELL YOU THAT. [02:11:52] >> AUDIENCE: [LAUGHING]. [02:11:53] >> I MEAN, WE HAD INITIAL DISCUSSIONS ABOUT THIS WHEN WE [02:11:56] WERE FIRST CONTEMPLATING THE ORDINANCE AND INVOLVING THE CITY [02:12:00] ATTORNEY'S OFFICE. I THINK MIKE EXPRESSED IT PRETTY WELL AT THE [02:12:05] LAST MEETING. IT WASN'T BLATANTLY OBVIOUS WHICH DEPARTMENT [02:12:11] SHOULD DO IT BUT MADE SENSE THOSE THAT ISSUE ENCROACHMENTS AND [02:12:15] RIGHTS OF WAY PERMITS TO BE INVOLVED ABOUT MAKING DECISIONS ABOUT [02:12:19] THE PROPER LOCATIONS FOR VENDING IN THE RIGHT-OF-WAY. [02:12:24] WE ISSUE PERMITS FOR PRIVATE PROPERTY OWNERS OR ACTIVITIES [02:12:30] RELATED TO WHAT HAPPENS ON PRIVATE PROPERTY. A -FRAME SIGNS MIGHT [02:12:35] BE AN EXAMPLE. WAIT A MINUTE. WHY IS THE COMMUNITY DEPARTMENT [02:12:39] NOT DOING A-FRAME SIGNS? IT IS RELATED TO BUSINESSES THAT FRONT [02:12:44] ON RIGHT-OF-WAY, AND WE ISSUE SIGN PERMITS THAT FITS IN THE WORLD [02:12:51] OF COMMUNITY DEVELOPMENT RELATED TO SIGNAGE AND BRICK AND MORTAR [02:12:55] BUSINESS THAT NEEDED THAT PERMIT. I'M FULLY CONFIDENT THAT THE [02:13:00] PUBLIC WORKS DEPARTMENT CAN TAKE CARE OF THIS. WE ARE CERTAINLY [02:13:04] WILLING TO HELP OUT AS NEEDED. I GUESS THAT IS MY THOUGHTS ON [02:13:08] IT. [02:13:09] >> THANK YOU, KEN. ARE YOU PERSUADED DIRECTOR RODRIGUEZ [02:13:15] AND MR. CITY ATTORNEY? [02:13:17] >> UM, THE -- AS WE EXPRESSED LAST TIME, I THINK THIS WAS [02:13:23] WHOEVER DRAW THE SHORT STRAW; RIGHT? [02:13:30] I SAY IT IN BOTH DEPARTMENTS, BE IMPOSSIBLE. IT REALLY [02:13:36] DEPENDS ON DIRECTION AT THIS TIME, REALLY UNKNOWN. I SUPPOSE [02:13:43] STAFFING NUMBERS AND THINGS OF THAT FASHION, BUT WE ARE -- THIS [02:13:48] -- THIS PERMIT FITS IN BOTH DEPARTMENTS. IT IS ONE OF THOSE [02:13:52] ISSUES THAT IS JUST US -- DIRECTOR EXPRESSED IT WASN'T EASY [02:14:00] COMING UP WITH THE DECISION. HOWEVER, IT WAS THROUGH A PREVIOUS [02:14:05] GROUP; RIGHT? [02:14:07] >> LET ME ASK ONE QUICK FOLLOWUP QUESTION. BOTH YOUR 16 of 75 [02:14:11] DEPARTMENT ISSUE PERMITS FOR ACTIVITIES THAT REQUIRE SUBMITTAL OF [02:14:16] PLANS ALONG THE REVIEW PROCESS AND ULTIMATE ISSUANCE OF PERMIT. [02:14:21] DO BOTH DEPARTMENTS ISSUE OVER-THE-COUNTER PERMITS ESSENTIALLY [02:14:26] THAT ARE A LOT MORE SUCCINCT AS THESE WOULD BE? IN OTHER WORDS, [02:14:30] IT IS NOT A PRIVATE DEVELOPMENT FOR SOMEBODY KNOCKING DOWN THE [02:14:34] HOUSE AND BUILDING TWO CONDOS ON THE LOT OR BUILDING A SIDEWALK [02:14:39] ALONG A STRETCH OF STREET OR WHATEVER ELSE A PUBLIC WORKS PROJECT [02:14:43] MIGHT BE. DO BOTH OF YOU FEEL YOU HAVE THE DEPARTMENTS CAPACITY [02:14:47] TO ISSUE SORT OF A LESS IN-DEPTH PERMIT THAN THIS? ONE THAT [02:14:52] MIGHT BE HIGHER VOLUME AND MORE STANDARDIZED? [02:14:57] >> WE DO A HIGH VOLUME OF THOSE TYPES OF PERMITS. [02:15:01] >> JUST PUBLIC WORKS. [02:15:03] >> TYPICALLY MINOR. YOU KNOW, BUILDING PERMITS THAT ARE -- [02:15:07] THEY LITERALLY WRITE DOWN WHAT THEY ARE PLANNING TO BUILD, AND WE [02:15:10] ISSUE PERMIT WATER HEATER AND WINDOW CHANGE OUT. WE DON'T NEED [02:15:15] PLANS FOR THOSE KIND OF PERMITS. [02:15:18] >> WE HAVE A HIGH VOLUME OF COUNTER ACTIVITY. THERE IS [02:15:21] CONSTANTLY PEOPLE THERE TRYING TO PULL A PERMIT OF SOME SORT. [02:15:27] THIS PERMIT CALLS IN THE ORDINANCE FOR A 30 -DAY REVIEW. SO THE [02:15:33] APPLICATION COMES IN. [02:15:35] WE REVIEW THE PROCESS, SO IT WILL TAKE -- AS STATED HERE, IT [02:15:43] WOULD TAKE SOME REVIEW TIME, RIGHT? MAYBE UNTIL WE GET THE WHOLE [02:15:50] PROCESS REALLY DOWN. YEAH. [02:15:51] >> OKAY. THANK YOU JOE AND KEN. [02:15:54] >> I WOULD SPEAK THAT THERE ARE DETERMINATIONS THAT NEED TO [02:15:57] BE MADE IN TERMS OF STANDARDS AND ORDINANCE IN TERMS OF IS THERE [02:16:01] ROOM ON THE SIDEWALK FOR A VENDOR WILL IT IMPEDE SIGHT DISTANCES [02:16:07] AND IMPEDE TRAFFIC? THOSE ARE THE TIP THINGS IF WE ISSUE PERMIT [02:16:12] WE CIRCULATE AT PUBLIC WORKS TO ANSWER THOSE QUESTIONS IT SEEMS [02:16:16] LESS DUPLICATIVE TO HAVE THEM ISSUE THE PERMIT, BUT -- [02:16:20] >> FAIR ENOUGH. I'M PERSUADED. THANK YOU, JOE AND KEN AND [02:16:24] MADAM MAYOR. [02:16:26] >> YES. MADAM MAYOR PRO TEM. [02:16:29] >> THANK YOU, MAYOR. THAT WAS ONE OF MY QUESTIONS. THE [02:16:32] ONLY THING I HEARD A LITTLE BIT ABOUT WAS CONCERNS FOR CAPACITY, [02:16:36] AND I ALSO HEARD THAT KEN SAID THEY WOULD BE WILLING TO HELP [02:16:39] SUPPORT WHILE IT GETS UP AND RUNNING. I'M CONVINCED AS WELL. MY [02:16:44] OTHER QUESTION WAS ABOUT --UM, HANG ON. OH, I KNOW THERE IS [02:16:50] CONCERN. I HAD SOME. I READ ABOUT SOME ABOUT ENFORCEMENT. I [02:16:55] DON'T KNOW IN ANTICIPATION, WE WILL PROBABLY HAVE PUBLIC COMMENT [02:17:00] THAT MIGHT TOUCH ON IT THAT. IS THERE ANYTHING WE CAN OFFER IN [02:17:05] TERMS OF THE PERMIT FEE OR BUDGET THAT WOULD BE REQUIRED TO MAKE [02:17:09] SURE WE HAVE SOME CAPACITY TO ENFORCE THESE RULES IN THIS [02:17:13] ORDINANCE? [02:17:18] >> I THINK AT THIS TIME UNTIL WE ACTUALLY START TO SEE [02:17:21] APPLICATIONS, IT IS HARD TO DETERMINE WHAT LEVEL WE NEED. THIS [02:17:25] WOULD CERTAINLY FALL WITHIN THE PLANNING COMMUNITY DEVELOPMENT 17 of 75 [02:17:29] BECAUSE THAT IS WHERE OUR CODE ENFORCEMENT IS. [02:17:32] SO IT IS HARD TO SAY. AND IF WE HAVE AN INFLUX, WHICH WE [02:17:37] DON'T EXPECT, WE WOULD HAVE TO COME BACK AND CONSIDER ADDITIONAL [02:17:40] RESOURCES. [02:17:41] >> WHICH COULD INCLUDE RAISING THE FEE POTENTIALLY IN [02:17:45] FUTURE -- OKAY. THANK YOU. [02:17:47] >> ALL RIGHT. DO MY COLLEAGUES HAVE ANY MORE QUESTIONS? [02:17:53] SEEING NONE, I WILL OPEN THIS UP FOR THE PUBLIC TO COMMENT. I [02:17:59] WILL ASK THE CLERK IF SHE HAS ANYMORE CARDS. [02:18:02] >> I DO. CAROLYN PETTY. [02:18:05] >> ALL RIGHT, CAROLYN. [02:18:08] >> HELLO, GOOD EVENING, EVERYBODY AND MAYOR AND COUNCIL AND [02:18:11] CITY ATTORNEY AND CITY MANAGER. HI. SO YEAH. SO GLAD YOU ASKED [02:18:16] THAT QUESTION. THAT WAS GOING TO BE ONE OF THE THINGS I WAS [02:18:20] GOING TO COMMENT ON HERMOSA BEACH CHAMBER OF COMMERCE. I [02:18:26] APPRECIATE WHAT THE CITY MANAGER SAID THAT WAS OUR REQUEST. I [02:18:30] WANT TO THANK STAFF FOR REVISIONS MADE TO THE ORDINANCE AND [02:18:33] INCORPORATE CONCERNS WE HAD AND WE APPRECIATE COMMENTS YOU HAD. [02:18:36] WE WANT TO SAY THANK YOU AND RECOGNIZE THAT. REALLY, THE OTHER [02:18:40] THING IS WE HAD TALKED INTERNALLY AS A CHAMBER AND WITH [02:18:44] BUSINESSES THE CONCERN TO COME BACK ABOUT CODE ENFORCEMENT. WE [02:18:48] DIDN'T RESEARCH VARIOUS CITIES IN LOS ANGELES, MANHATTAN BEACH, [02:18:53] NEWPORT BEACH, HUNTINGTON BEACH, AND LAGUNA BEACH. THEY ARE NOT [02:19:00] -- THEY ACTUALLY DID A PRETTY SOPHISTICATED STUDY. IT WAS [02:19:05] COMPLICATED. HUNTINGTON BEACH HASN'T BROUGHT IT BACK YET. IT IS [02:19:10] A SOLUTION. IF YOU INCLUDE THE FEE, YOU HAVE TO KEEP THE CITY [02:19:14] SEGREGATED, AND YOU CAN'T MAKE MONEY OFF IT. I WANT TO SAY, YES. [02:19:18] THANK YOU FOR ACKNOWLEDGING IF THERE ARE A LOT OF PERMITS PULLED [02:19:23] AND ANTICIPATION. THERE IS TREMENDOUS ACTIVITY. IT WOULD BE [02:19:28] GOOD TO BRING IT BACK. IT PUTS THE CITY IN DEFICIT INSURANCE [02:19:33] REQUIREMENTS TO PROTECT THE CITY AND 200 FEET BETWEEN VENDORS, [02:19:37] CODE ENFORCEMENT, 100 PEOPLE PULLING PERMITS. YOU HAVE TO FIGURE [02:19:42] SOMETHING OUT AND PECK ARE JOCKING FOR POSITION, WHICH IS A THING [02:19:45] WE SAID IN THE LAST MEETING WHEN WE MADE OUR COMMENTS. ANYWAY, [02:19:49] AS HERMOSA BEACH CHAMBER OF COMMERCE, I FEEL PRETTY GOOD ABOUT [02:19:53] WHAT WE ARE HEARING FROM YOU GUYS. I WANT TO SAY WE UNDERSTAND [02:19:56] YOU HAVE TO PASS IT, AND WE UNDERSTOOD THAT ALL ALONG. WE [02:19:59] APPRECIATE ALL OF YOUR CONSIDERATION AND THOUGHTFULNESS IN [02:20:03] POINTING THIS OUT FOR A FEW WEEKS AND PULLING TOGETHER SOMETHING [02:20:06] THAT IS A LITTLE MORE THOROUGH. SO THANK YOU. [02:20:09] >> ALL RIGHT. THANK YOU. NO MORE CARDS? JIM HAS [02:20:22] SOMETHING TO SAY. [02:20:23] >> I WILL SHOW MY AGE HERE ON THE ISSUE OF LORETA PLAZA. I [02:20:27] WAS ON THE PLANNING COMMISSION IN 1975 WHEN IT WAS APPROVED. I'M [02:20:32] ALMOST SURE WE DIDN'T CONSIDER COMMERCIAL USES FOR THEIR VENDORS [02:20:37] DOWN BELOW. [02:20:38] THE REASON THAT IT IS LAID OUT THE WAY IT IS AND PROBABLY 18 of 75 [02:20:42] WHY THERE ARE A WHOLE LOT OF RESTRICTIONS IS THE CITY OWNED A LOT [02:20:47] THERE. TWO ADJOINING LOTS WERE OWNED. THE OWNER OF THE [02:20:51] ADJOINING LOTS ASKED IF HE COULDN'T SPLIT HIS PROJECT WITH THE [02:20:56] CITY AND TRADE LOTS, BASICALLY. THE REASON BEING THAT HE HAD AN [02:21:01] IDEA, WHICH TURNED OUT TO BE WHAT YOU SEE THERE TODAY IN TERMS OF [02:21:05] LORETA PLAZA AS OPPOSED TO HAVING TWO STRAIGHT-ON BUSINESSES. I [02:21:11] THINK IT WAS JUST A MUTUAL AGREEMENT BETWEEN THE OWNER AND THE [02:21:16] CITY THAT WE DIDN'T ENFORCE A LOT OF RULES ON THEM BECAUSE WE [02:21:20] WERE TRYING TO ENCOURAGE A COMMERCIAL VENTURE THAT WOULD BE [02:21:26] SUCCESSFUL. OVER THE YEARS, WE HAVE SUCCEEDED MORESO THAN WE [02:21:30] WOULD HAVE THOUGHT. THAT THOUGHT EXPLAINS PERHAPS WHY THERE IS [02:21:35] BRIDGES OVER THE ROAD LIKE THERE IS. OKAY? [02:21:39] >> THANK YOU, JIM. ANYONE ELSE FOR PUBLIC COMMENT? SEEING [02:21:44] NO ONE. I WILL BRING IT BACK TO THE COUNCIL FOR FURTHER [02:21:47] DISCUSSION OR MAYBE EVEN A MOTION. COUNCILMEMBER DUCLOS? [02:21:52] >> YEAH, MADAM MAYOR. I MOVE THAT -- THAT WE INTRODUCE [02:21:59] UPON FIRST READING AN ORDINANCE TO REGULATE SIDEWALK VENDING [02:22:03] WITHIN THE CITY OF HERMOSA BEACH IN COMPLIANCE WITH SENATE BILL [02:22:08] NO. 946. AND THAT WE ADOPT A RESOLUTION THAT IS AMENDING THE [02:22:14] CITY'S COMPREHENSIVE FEE SCHEDULE TO INCLUDE ADMINISTRATIVE FINES [02:22:19] FOR SIDEWALK VENDING VIOLATIONS IN COMPLIANCE WITH SENATE BILL [02:22:23] NO. 946 AND TO ADOPT A RESOLUTION AMENDING THE CITY'S [02:22:31] COMPREHENSIVE FEE SCHEDULE TO INCLUDE A SIDEWALK VENDING PERMIT [02:22:35] APPLICATION FEE AND ANNUAL RENEWAL FEE. [02:22:39] >> DO WE HAVE A SECOND? [02:22:40] >> I WILL SECOND. [02:22:41] >> ALL RIGHT. [02:22:42] >> DID YOU WANT TO ADDRESS THE LORETA PLAZA THING? [02:22:46] >> YEAH. [02:22:47] >> AND AMEND ORDINANCE TO INCLUDE THAT? [02:22:49] >> PUT IT IN THE MAIN MOTION HERE WE INCLUDE. [02:22:52] >> TELL ME WHERE YOU WANT IT TO BE PROHIBITED ALL THE TIME [02:22:55] OR JUST AS PIER PLAZA IS LIMITED IS ALL WE NEED TO KNOW. [02:23:00] >> MADAM MAYOR, MAY I? [02:23:02] >> YES, COUNCILMEMBER MASSEY. [02:23:05] >> IF YOU LOOK, COUNCILMEMBER DUCLOS, ON PAGE 4 OF THE [02:23:12] DRAFT ORDINANCE BEFORE US, SECTION G, IT PROHIBITS SIDEWALK [02:23:17] VENDING AT PIER PLAZA DURING CERTAIN TIMES AND HOURS OF THE YEAR. [02:23:22] THE QUESTION IS: DO WE WANT TO HAVE RESTRICTIONS THAT APPLY TO [02:23:25] LORETA PLAZA THAT ARE LIMITED TO THE SAME DAYS AND TIMES OR [02:23:30] RESTRICT PROHIBIT SIDEWALK VENDING ON LORETA PLAZA THE REST OF [02:23:37] THE YEAR? MY SUGGESTION TO YOU, MAKER OF THE MOTION, WOULD BE WE [02:23:40] CALL OUT LORETA PLAZA SEPARATELY SO SIDEWALK VENDING IS [02:23:45] PROHIBITED ALL THE TIME ON THE PLAZA FOR REASONS THAT THE CITY [02:23:50] ATTORNEY LAID OUT EARLIER. WE WOULD ADD LORETA PLAZA AS OWN [02:23:55] SUBSECTION TO THE SECTION OF THE ORDINANCE RIGHT AFTER THE [02:23:58] SECTION THAT APPLIES TO PIER PLAZA. 19 of 75 [02:24:01] >> SECONDED. [02:24:02] >> YES, AND WE CAN RELETTER ALL OF IT. [02:24:05] >> CORRECT. THE MOTION IS AS-IS. [02:24:07] >> AMEND. [02:24:08] >> RIGHT. [02:24:09] >> YEAH. [02:24:10] >> I AGREE AND ACCEPT THAT AMENDMENT. THANK YOU. [02:24:14] >> ALL RIGHT. ANY FURTHER DISCUSSION? YES, COUNCILMEMBER [02:24:18] FANGARY? [02:24:19] >> THANK YOU, MADAM MAYOR. I WANT TO BRIEFLY ADDRESS AND [02:24:23] RESPOND TO A SUPPLEMENTAL PROVIDED BY MR. HOWARD LONGACRE [02:24:27] REGARDING LORETA PLAZA. HE HAS BEEN RAISING THIS ISSUE FOR YEARS [02:24:33] NOW ACCUSING ME AND MY WIFE OF BEING UNETHICAL . I TRIED TO [02:24:37] IGNORE IT AND JUST LET IT BE, BUT HE KEEPS SAYING THE SAME THING [02:24:41] OVER AND OVER AGAIN. IT IS REALLY FRUSTRATING AS I SIT HERE AS A [02:24:45] COUNCIL AND SERVE THIS COMMUNITY TO KEEP BEING BOMBARDED WITH [02:24:49] THESE COMPLETELY MADE-UP ALLEGATIONS. I INCLUDE IT AS A [02:24:55] SUPPLEMENTAL TO THIS AGENDA ITEM, A LETTER THAT WE RECEIVED AND [02:24:58] CITY ATTORNEY RECEIVED ON JULY 1ST OF 2015. JUST TO GIVE -- [02:25:03] AGAIN, I WANT TO LET HOWARD LAKER SAY WHATEVER HE WANTS TO SAY. [02:25:10] I SIT HERE, AND HE WRITES LETTERS AND ADDS A SUPPLEMENTAL [02:25:14] REGARDING ME AND MY WIFE. I FELT KEEPING QUIET IS NOT THE RIGHT [02:25:17] THING TO DO AND GIVES THE WRONG PRESIDENT I'M HIDING FROM THE [02:25:22] ACCUSATION HE IS MAKING. I WILL ANSWER IT NOW AND ONCE, AND HE [02:25:26] CAN FOCUS ON SOMETHING ELSE. [02:25:28] HE RAISES THE ISSUE THAT MY WIFE OWNS A PROPERTY ON LORETA [02:25:35] PLAZA, AND I SHOULD RECUSE MYSELF. THE ISSUE WAS RAISED BACK IN [02:25:40] 2015 AND RAISED WITH THE CITY ATTORNEY AT THE TIME AND ASKED THE [02:25:44] CITY ATTORNEY TO RAISE IT TO FPPC TO GET AN OFFICIAL DECISION IN [02:25:49] 2015. MY WIFE HAS PREVIOUSLY HAD OWNERSHIP IN THIS PROPERTY HAS [02:25:55] SINCE PASSED AWAY. TALKING FOUR YEARS LA TER AND HOWARD ACRE [02:26:00] DOESN'T SEEM TO GET THAT HE KEEPS HARPING ON A COMPLETELY TRIVIAL [02:26:04] ISSUE AND SEEMS ONE OF THE FEW PEOPLE OTHER THAN POLITICIANS THAT [02:26:08] LIKES TO HEAR HIMSELF TALK. IT IS FRUSTRATING TO ME. I KEEP [02:26:12] HEARING THE SAME THING OVER AND OVER AGAIN FOR THE LAST 4 YEARS [02:26:16] SUPPLEMENTAL -- JULY 1, 2015, VERY THOROUGH EVALUATION OF THE [02:26:22] CONFLICTS COUNCIL MEMBERS HAVE TO GO THROUGH IF THERE IS A [02:26:25] CONFLICT OF INTEREST AND, AGAIN, A 4-PAGE LETTER. I WON'T READ [02:26:28] IT, BUT I WILL READ THE QUESTION AND CONCLUSION, WHICH ARE VERY [02:26:32] BRIEF. THE QUESTION IS ME, COUNCILMEMBER FANGARY, PARTICIPATE IN [02:26:37] A DECISION RELATING TO THE DEVELOPMENT APPLICATION SUBMITT ED BY [02:26:42] PIERSIDE PROPERTY LLC, WHICH IS AN LLC THAT OWNS PROPERTY AT [02:26:46] ISSUE. THE ANSWER IS YES. COUNCILMEMBER DOESN'T HAVE [02:26:49] DISQUALIFYING INTEREST AND DECISION THAT WOULD RESULT IN THE [02:26:53] CONFLICT OF INTEREST. THIS WAS MADE 4 YEARS AGO. EVER SINCE [02:26:57] THEN, EVERY 2 OR 3 MONTHS HOWARD WRITES A LETTER TELLING ME AND [02:27:05] MY WIFE ARE UNETHICAL. I HAVE A JOB THAT REQUIRES ME TO BE 20 of 75 [02:27:09] PROFESSIONAL AND ETHICAL. IT IS EXHAUSTING. THANK YOU. [02:27:14] >> ALL RIGHT. THANK YOU. [02:27:16] >> BEFORE YOU CALL FOR THE VOTE. [02:27:17] >> YES. [02:27:18] >> IF I MAY READ THE TITLE OF THE ORDINANCE. THIS IS AN [02:27:21] ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA ADDING CHAPTER [02:27:26] 12.38 TO THE HERMOSA BEACH MUNICIPAL CODE SIDEWALK VENDING TO [02:27:35] ADOPT IN COMPLIANCE WITH SENATE BILL 946 AMENDING SECTIONS [02:27:41] 1.10.040, 5.64.030. 10.12.170. 10.32.170. 10.32.180. [02:27:59] 12.20.300. 12.24.020. AND 12.28.010. AND REPEALING SECTION [02:28:12] 12.12.070. [02:28:16] >> THANK YOU. [02:28:18] >> ALL RIGHT. WE HAVE A MOTION AND A SECOND. ALL THOSE IN [02:28:21] FAVOR? [02:28:22] >> AYE. [02:28:23] >> OPPOSED? MADAM CLERK. [02:28:28] >> OKAY. WE ARE AT MUNICIPAL MATTERS, ITEM 6A, AWARD OF [02:28:33] PRODUCTION AGREEMENT WITH 5B ARTISTS AND MEDIA FOR PRODUCTION AND [02:28:38] MANAGEMENT OF SUMMER BEACH CONCERT SERIES AND THE REPORT IS FROM [02:28:43] COMMUNITY RESOURCES MANAGER KELLY ORTA AND SUPPLEMENTAL PRODUCER [02:28:48] AGREEMENT FROM MANAGER ORDER IT THAT WAS RECEIVED TODAY. [02:28:52] >> ALL RIGHT. WELCOME, KELLY. [02:28:55] >> GOOD EVENING, MAYOR AND CITY COUNCIL. [02:28:59] >> GOOD EVENING. [02:29:00] >> THIS ITEM THIS EVENING IS TO APPROVE STAFF'S [02:29:03] RECOMMENDATION TO AWARD PRODUCTION AGREEMENT ARTIST AND MEDIA [02:29:06] PRODUCTION AND MANAGEMENT OF SUMMER BEACH CONCERT SERIES. AS YOU [02:29:12] KNOW, IT IS AN ANNUAL EVENT TAKING PLACE IN AUGUST -- PROPOSAL IN [02:29:19] JANUARY, WHICH THE COPY OF RFELP IS INCLUDED IN STAFF REPORT AND [02:29:27] FOLLOWED BY STAFF REVIEW AND THREE TOTAL PROPOSALS RECEIVED IN [02:29:32] RESPONSE TO RFP AND FOLLOWING INTERNAL REVIEW, WE ALSO HAD A [02:29:37] FORMAL INTERVIEW WHICH DID INCLUDE TWO EXTERNAL PANELISTS FROM [02:29:43] CONCERT AND EVENT INDUSTRY, WHICH WAS ENSURE UNBIASED [02:29:48] DETERMINATION AND REVIEW AND EVALUATION OF THE PROPOSALS. [02:29:53] CULMINATION OF THE STEPS LED TO -- INCLUDING EXTENSIVE EXPERIENCE [02:30:04] IN PLANNING AND MANAGEMENT OPERATION AND IN-HOUSE RESOURCES THAT [02:30:09] CAN BE ALLOCATED AS NEEDS TO PROVIDE A SUCCESSFUL CONCERT SERIES [02:30:15] AND DEMONSTRATED ABILITY SPONSORSHIP OPPORTUNITIES FINANCIALLY [02:30:20] FISCAL EVENT AND HAVE A CONCERT SERIES REMAINS COMMUNITY EVENT [02:30:27] FOR ALL AGES AND ELEVATE VISITOR EXPERIENCE FOR EVERYONE [02:30:32] ATTENDING AND FLEXIBLE AND ENJOYED BY COMMUNITY AND CITY OF [02:30:39] HERMOSA BEACH IS PROUD TO HOST. THE PROPOSAL INCLUDED AS [02:30:44] ATTACHMENT 3. EXACT DATES 2019 CONCERT SERIES HAS YET TO BE [02:30:51] DETERMINED. WE WILL CERTAINLY ANNOUNCE THOSE AS SOON AS POSSIBLE [02:30:54] WHEN WE CAN BEGIN LAYING GROUNDWORK TO GET THE COUNCIL SERIES [02:30:58] PLANNING STARTED. IN ADDITION TO TRADITIONAL SUNDAY CONCERTS, 5B [02:31:03] IS EXCITED TO COORDINATE ADDITIONAL EVENTS ON ALTERNATE DATES 21 of 75 [02:31:07] THAT WILL, AGAIN, REMAIN FREE AND OPEN TO THE COMMUNITY VERY [02:31:11] SIMILAR TO THE MOVIES AT THE BEACH EVENTS WE HAVE HAD SATURDAY [02:31:16] EVENINGS. WE ARE WORKING WITH THEM TO BRING CREATIVE APPROACHES [02:31:20] TO THAT OR REPLICATE SOME OF THE EVENTS. INCLUDED TODAY, WE [02:31:25] ADDED A SUPPLEMENTAL ITEM, WHICH IS LISTED ONLINE AS ATTACHMENT [02:31:29] 2, WHICH IS THE DRAFT PRODUCTION AGREEMENT. PRINCIPLE AGREEMENT [02:31:35] TERMS OF THAT INCLUDE A TWO-YEAR TERM WITH OPTION TO EXTEND FOR [02:31:40] ADDITIONAL 1 YEAR AND CONSIDERATION OF CITY TO COORDINATE [02:31:44] POTENTIAL OFFSITE BEER GARDEN NEAR THE BEACH ADDED REVENUE SOURCE [02:31:51] 5B IS TAKING ON FISCAL OR MONETARY RESPONSIBILITY. CITY'S [02:31:57] COMMITMENT TO PROVIDE THE MATS AS IT HAS DONE FOR SEVERAL YEARS [02:32:02] AND COMMITMENT FOR 5B TO FULLY FUND CONCERT SERIES WITH NO [02:32:08] EVENTS. OVERALL, STAFF HAS BEEN VERY IMPRESSED WITH 5B AND THEIR [02:32:12] TEAM. I'M REALLY EXCITED FOR THE POTENTIAL PARTNERSHIP. AS I [02:32:20] STATED, THEY BRING WITH THEM RESOURCES, EXPERIENCE, AND [02:32:23] DEDICATION TO PROVIDING A MEMORABLE EXPERIENCE FOR THE COMMUNITY. [02:32:28] I CAN'T EXPRESS ENOUGH HOW GREAT IT HAS WORKED FOR THEM THUS FAR [02:32:33] UP TO THIS POINT. I CERTAINLY THINK THEY HAVE THE DEDICATION AND [02:32:36] EXPERIENCE AND EXCITEMENT TO REALLY PUT ON A GREAT CONCERT SERIES [02:32:41] FOR OUR COMMUNITY. WE ARE REALLY EXCITED FOR THIS OPPORTUNITY. [02:32:45] I WOULD LIKE TO ASK IF IT DOES PLEASE THE COUNCIL WE HAVE [02:32:49] REPRESENTATIVES HERE THIS EVENING FROM 5B INCLUDING CHIEF [02:32:52] EXECUTIVE OFFICER CORY BRENNAN AND ARTISTIC MANAGER AND THEY HAVE [02:32:59] A FEW WORDS THEY WOULD LIKE TO SAY ABOUT POTENTIAL PARTNERSHIP [02:33:04] AND EXPERIENCE THUS FAR ABOUT THE EVENT, SO YOU CAN SPEAK WITH [02:33:08] THEM ABOUT THAT. WITH THAT, THAT CONCLUDED MY REPORT UNLESS YOU [02:33:13] HAVE ANY QUESTIONS. [02:33:14] >> ALL RIGHT. KELLY, IF POTENTIAL PRODUCES WOULD LIKE TO [02:33:17] STEP FORWARD AND SPEAK TO US, NOW WOULD BE YOUR TIME. [02:33:21] >> HEY NOW. [02:33:22] >> GOOD EVENING. [02:33:23] >> GOOD EVENING. I'M COREY BRENNAN AND THANKS FOR HAVING [02:33:27] US AND FOR THE KIND WORDS, KELLY. YOU KNOW, WE ARE REALLY [02:33:32] EXCITED TO TALK ABOUT THE SUMMER CONCERT SERIES. I FIRST CAME TO [02:33:36] HERMOSA WHEN I WAS 12 YEARS OLD AND BLOWN AWAY COMING FROM EAST [02:33:41] COAST AND SERVICE SHOPS AND STRAND AND PIER, THE ENVIRONMENT AND [02:33:46] CULTURE OF IT. I MOVED HERE 10 YEARS AGO AND MOVED HERE WITH [02:33:50] WIFE AND DAUGHTER. MY WIFE IS A MANAGER. WE ARE ALL ABOUT THE [02:33:55] COMMUNITY AND DO AS MUCH AS WE CAN FOR THE COMMUNITY. I STARTED [02:33:59] A COMPANY 8 OR 15 YEARS AGO 5B ARTIST MANAGEMENT. I HAVE BEEN IN [02:34:05] THE MUSIC BUSINESS FOR 27 YEARS. 5B PRODUCES MUSIC FESTIVALS ALL [02:34:11] OVER THE WORLD. FIRST ROCK FESTIVAL EVER IN BOGOTA, COLUMBIA [02:34:19] LAST YEAR, JAPAN, AND FRANCE. WE HAVE BEEN INVOLVED. THIS IS [02:34:22] JOSH FREEBAR AND CLAY BUSH ON THE SAME TEAM. WE HAVE DONE [02:34:27] FESTIVALS IN SACRAMENTO, SAN BERNARDINO, OMAHA NEBRASKA, [02:34:34] PHILADELPHIA, PENNSYLVANIA. WE WORK WITH THE CITY AND COMMUNITY [02:34:39] AND LOCAL VENDORS AND RESTAURANTS AND FIGURES AND ARE GREAT AT 22 of 75 [02:34:44] BOOKING TALENT. WE ARE GOOD AT WHAT WE DO, AND WE WOULD LOVE TO [02:34:50] DO. IF YOU HAVE QUESTIONS, FIRE. WE WILL ANSWER AS WE CAN. [02:34:56] >> SOUNDS LIKE COUNCILMEMBER DUCLOS HAS A QUESTION FOR YOU. [02:35:00] >> THANK YOU, MADAM MAYOR. YEAH. I GUESS A COUPLE [02:35:05] QUESTIONS THAT CAME UP TO ME WAS THE CONCEPT OF YOUR RELATIONSHIP [02:35:12] WITH KLROQ. [02:35:15] >> YEAH. [02:35:16] >> CAN YOU SPEAK TO HOW YOU ENVISION IT WORKING? [02:35:19] >> YES. [02:35:20] >> IF YOU DON'T MIND STEP FORWARD. [02:35:23] >> IN THE SENSE IT WOULD HELP BRING IN THE PRODUCTION AND [02:35:26] HELP ACQUIRE THE TALENT. TALENT HOUSE WOULD BE PRESENTED TO THE [02:35:30] COUNCIL FOR APPROVALS AND THE RADIO PLATFORM I THINK WOULD BE A [02:35:38] NICE BENEFIT TO WHAT WE HAVE HERE IN HERMOSA BEACH. [02:35:42] >> ARE YOU INVOLVED IN THE RELATION TO THE SELECTION OF [02:35:45] ACTS THAT ARE INVOLVED, OR I ASSUME THERE IS CROSS-PROMOTIONAL [02:35:50] STUFF THAT GOES ON THE AIR. [02:35:52] >> ABSOLUTELY. [02:35:53] >> LIVE BROADCASTING FROM THE VENUE, DO YOU ENVISION THAT? [02:35:57] >> THAT IS A COMPONENT TO BE DETERMINED, BUT THEY WOULD [02:36:00] PRESENT THE CONCERTS, AND THEY WOULD HAVE A PRODUCTION TEAM HELP [02:36:04] BUILD THE STAGE AND DEFINITELY HELP ACQUIRE THE TALENT FOR THE [02:36:10] EVENT. [02:36:14] >> RIGHT. I GUESS THE OTHER QUESTION IS IN TERMS OF KIND [02:36:18] OF ACTS YOU HAVE ENVISIONED. YOU HAVE LIVED IN THE TOWN AND YOU [02:36:23] HAVE KNOWN FOR A WHILE. I FIND IT INTERESTING, ROCK MEETS HEAVY [02:36:29] METAL. WILL WE BE IN THE MIDDLE SOMEWHERE? [02:36:32] >> WE WILL KEEP IT AS METAL AS POSSIBLE. PURELY SARCASM. [02:36:40] I UNDERSTAND THE QUESTION I AM ASKED A BIT. I AM A MUSIC GUY. I [02:36:46] LOVE ALL OF IT. I KNOW WHAT PEOPLE IN THE COMMUNITY WANT TO [02:36:50] HEAR. WE WILL TAILOR FOR THE COMMUNITY WHETHER IT MEANS A BLUES [02:36:55] ARTIST OR ALTERNATIVE ROCK OR REGULAR ARTIST. WE WILL WORK WITH [02:37:01] THE CITY TO GET THE RIGHT ACTS AT THE RIGHT TIME. WE KNOW HOW TO [02:37:06] GET THE ACTS. I MADE A FEW CALLS TO A FEW AGENCIES THAT BOOK [02:37:11] TALENT. WE CAN GET THE RIGHT ONES FOR THE CITY. WE CAN DO IT, [02:37:15] AND WE HAVE RELATIONSHIPS AND GOOD WILL OUT THERE IN THE INDUSTRY [02:37:19] TO DO IT. I UNDERSTAND THE QUESTION ABOUT ROCK AND METAL. THAT [02:37:22] IS WHAT 5B DOES. 5B EVENTS DOES ALL KINDS OF THINGS IN DIFFERENT [02:37:28] GENRES. [02:37:29] >> I LOOKED AT THE CLIP SELECTION YOU HAD IN TERMS OF [02:37:32] EVENTS THAT YOU STAGED. AND WHILE IT WAS CLEAR THAT THEY WERE [02:37:36] WELL-ORCHESTRATED AND WELL DONE AND EVERYBODY HAD A GOOD TIME, IT [02:37:41] OCCURS TO ME THAT IF A FAMILY SHOWED UP, CHILDREN WOULD HAVE TO [02:37:44] INSTANTLY GO INTO THERAPY. I'M RELIEVED TO HEAR YOU KNOW. I [02:37:51] WANTED TO GET THAT. [02:37:53] >> IT IS A FAMILY COMMUNITY. I WANT TO BRING MY DAUGHTER [02:37:56] WHO IS 13 AND SHE WANTS TO BRING HER FRIENDS. WE WILL TAILOR IT 23 of 75 [02:38:00] FOR THE COMMUNITY. THERE IS A WIDE SPECTRUM OF ARTISTS WE CAN [02:38:04] LOOK AT FROM EVERYTHING TO CLASSIC ROCK TO ALTERNATIVE. IF NOW [02:38:09] WE UNDERSTAND WHAT THE BOUNDARIES ARE, AND WE WILL RESPECT THE [02:38:13] BOUNDARIES. [02:38:14] >> GREAT. NOT SURE IF QUESTION FOR YOU OR STAFF IN TERMS [02:38:18] OF CONCEPT OF BEER GARDEN NOT CLEARLY EXPRESSED IN STAFF REPORT. [02:38:22] IF WE ARE TALKING ABOUT, ARE WE TALKING ABOUT A BEER GARDEN FOR [02:38:26] THE PUBLIC ACCESS TO A BEER GARDEN OR TALKING ABOUT ALCOHOL [02:38:36] PERMITTED FOR A GREEN ROOM SETTING? [02:38:39] >> WE ARE TALKING ABOUT A BEER GARDEN LIKE THEY WOULD HAVE [02:38:42] AT A HOMETOWN FAIR OR BEER GARDEN FOR ADULTS TO GO IN ACROSS THE [02:38:47] STREET FROM THE STRAND IN THE PARKING LOT AND GET A REFRESHMENT [02:38:51] AND STAND THERE AND GATHER WITH PEOPLE AND HAVE CONVERSATIONS AND [02:38:54] WALK BACK OVER AND HEAR MUSIC WHEN YOU ARE READY. [02:38:57] >> IF I'M NOT MISTAKEN, THAT IS A DISCUSSION THAT WOULD [02:39:01] CONTINUE AND WOULD NOT BE PART OF ANY DECISION THAT WE WOULD MAKE [02:39:05] TONIGHT; IS THAT CORRECT? [02:39:07] >> CORRECT. [02:39:08] >> OKAY. [02:39:09] >> WE ARE FINE WITH THAT. I MEAN, FOR US, WE ARE TRYING TO [02:39:13] FIND WAYS TO ENHANCE THE EXPERIENCE, AND WE HAVE MANY MORE WAYS [02:39:16] THAN THAT, BUT THAT IS A GOOD WAY TO ENHANCE THE EXPERIENCE AND [02:39:20] DRIVE MORE REVENUE TO IT TO PUT ON A GOOD EVENT. WE WANT TO PUT [02:39:25] THE BEST ON FOR THE COMMUNITY AND WANT TO MAKE SURE REVENUE IS [02:39:29] COMING IN TO DO IT. [02:39:30] >> THE DEMOGRAPHIC FOR KROQ, I READ SOMEWHERE, IS 15 TO 35. [02:39:36] IS THAT YOUR PRIMARY DEMOGRAPHIC? [02:39:39] >> 45. [02:39:40] >> MOVING UP A LITTLE FURTHER, SO OKAY. WELL, THANK YOU. [02:39:44] THAT IS THE ONLY QUESTION I HAD. [02:39:46] >> ADDING ONE THING. I'M COMING IN HERE. FESTIVALS, I [02:39:50] COME FROM SEPARATE TO WHAT COREY HAS DONE FROM I HAVE COME FROM [02:39:54] DOING STUFF WITH STEVIE NICKS AND CURATED FOR ALL-AGES EVENT, [02:39:59] FAMILY FRIENDLY ROBERT PLANTS OF WORLD AND STEVIE NICKS AND CITY [02:40:05] WORKING TOGETHER WITH YOU, WHAT IS IMPORTANT TO YOU AND [02:40:08] EXPERIENCE WHAT WILL MATTER AND WORK WITH HERMOSA BEACH. THAT IS [02:40:15] HOW WE WORK WITH EACH CITY. [02:40:18] >> THOSE I SEE WOULD BE CLEARLY ARTICULATED TO YOU, AND WE [02:40:23] HAVE A HISTORY OBVIOUSLY OF THE EVENT. I JUST THINK IT WAS FOR [02:40:27] GENERAL REASSURANCE. [02:40:29] >> YEAH. [02:40:30] >> FOR ANY OF THE PEOPLE MIGHT BE FRIGHTENED IN WHAT THEY [02:40:33] MIGHT SEE IN ONE OF THE OTHER EVENTS. [02:40:36] >> OR NOW BE DISAPPOINTED. [02:40:37] >> THEY WON'T SEE IT. [02:40:39] >> MY DAUGHTER IS NOT SCARRED, AND SHE IS DOING A -OKAY AND [02:40:43] HER FRIENDS ARE TOO. 24 of 75 [02:40:44] >> ALL RIGHT. COUNCILMEMBER MASSEY? [02:40:47] >> THANK YOU. I WILL KEEP IT SHORT. GREAT PROPOSAL. I'M [02:40:51] GLAD YOU MENTIONED YOUR DAUGHTER. I'M A DAD TOO. WE HAVE ISSUES [02:40:55] WITH ALCOHOL CONSUMPTION IN HERMOSA BEACH. IT IS NOT A SECRET. [02:41:00] MY QUESTION TO YOU IS CAN YOU PULL IT OFF WITHOUT ALCOHOL [02:41:03] SPONSORS AND WITHOUT A BEER GARDEN? LET ME FOLLOW UP AND SAY WE [02:41:08] HAVE SEVERAL LARGE EVENTS. ALCOHOL CONSUMPTION ON THE BEACH IS [02:41:12] CONSTANTLY AN ASK AND NOT ONE I PERSONALLY AM WILLING TO INDULGE. [02:41:17] I'M HAPPY TO HAVE STAFF FACILITATE AS MUCH AS WE CAN AND [02:41:22] HOSPITALITY ROOMS AND OTHERWISE TO ALLOW PEOPLE TO HAVE ACCESS TO [02:41:29] ALCOHOL IF THEY WANT TO DO SO BEFORE, DURING, OR AFTER THE EVENT. [02:41:33] I'M AMENABLE TO THE IDEA OF THE GOURMET FOOD TRUCKS. I WOULD [02:41:37] LIKE YOU TO THINK MORE IN TERMS OF IF WE COULD HAVE POP-UPS WITH [02:41:42] LOCAL RESTAURANTS OR ARTISTS AS OPPOSED TO FOOD TRUCKS FROM OUT [02:41:46] OF TOWN, AND SO WE CAN CROSS-POLLINATE OUR EXISTING BUSINESSES. [02:41:51] MY QUESTION TO YOU IS BECAUSE I WILL INCLUDE THIS IN MY [02:41:54] DISCUSSION WITH MY COLLEAGUES IS CAN YOU DO IT WITHOUT ALCOHOL [02:41:57] SPONSORS AND WITHOUT THE BEER GARDEN? [02:42:04] >> WE CAN DO IT WITHOUT ANY OF THAT. OF COURSE WE CAN DO [02:42:07] IT. FOR US, IT IS TRYING TO MAKE THE BEST EXPERIENCE POSSIBLE. [02:42:10] WE ARE NOT PUTTING UP A BEER GARDEN SAYING PEOPLE HAVE TO [02:42:15] OVER-INDULGE. IN THERE, CRAFT BEER GARDENS WITH CRAFT BEERS AND [02:42:19] UNIQUE WINES AND MAKE IT A MORE UNIQUE TASTING EXPERIENCE THAN [02:42:24] PEOPLE GOING AND DRINKING LOTS OF BEERS TO PARTY. IT IS NOT [02:42:28] THAT. IT IS MORE AN ADULT EXPERIENCE REVENUE FROM THAT ALLOWS TO [02:42:32] GET BETTER TALENT AND POSSIBLY HAVE BETTER EXPERIENCES TO GO WITH [02:42:36] THE OVERALL THEME WHAT WE ARE TRYING TO DO AND GET MORE CREATIVE. [02:42:41] THAT IS WHAT IT WOULD ALLOW. NOT IN THE DISCUSSION LONG ENOUGH [02:42:45] TO CRUNCH THE NUMBERS TO SAY PROPERLY, BUT I KNOW WE CAN DO IT [02:42:50] EITHER WAY BUT TO HELP DESIRE AND MAKE IT A BIGGER AND BETTER [02:42:54] EXPERIENCE. [02:42:55] >> I EXPECT YOU TO SAY HIGHER MARGIN ON BEER GARDEN. YOU [02:42:59] WOULD OPERATE AS OPPOSED TO A PARTNERSHIP WITH AN EXISTING BAR OR [02:43:04] RESTAURANT ON PLAZA FOR HOSPITAL ROOMS OR MULTIPLES OF THOSE. [02:43:08] >> YEAH. [02:43:09] >> WE WILL TAKE THAT INTO CONSIDERATION. I UNDERSTAND WHAT [02:43:11] YOU ARE SAYING AND LOVE YOUR PROPOSAL AND LOOK FORWARD TO, YOU [02:43:17] KNOW, HOPEFULLY A SUCCESSFUL PARTNERSHIP, IF THAT IS THE WAY WE [02:43:22] GO. IT IS A CONCERN OF MINE, AND ONE WE DISCUSS BECAUSE IT IS A [02:43:26] CONCERN WE HAVE TO CONSTANTLY DEAL WITH IN TOWN AND MANAGING [02:43:30] POLICE DEPARTMENT AND DEPLOY RESOURCES DOWNTOWN AND IN THE [02:43:35] COMMUNITY. THANK YOU. [02:43:37] >> I APPRECIATE THE DIALOGUE AND LOVE TO DISCUSS IT [02:43:41] INDIVIDUALLY AND IN WHATEVER FORM WE CAN DISCUSS IT. FOR ME, IT [02:43:44] IS MORE ABOUT THE EXPERIENCE OF TASTING CRAFT BEERS AND UNIQUE [02:43:48] WINES THAN IT IS GETTING 36-OUNCE CUPS AND DRINKING A BEER MORE [02:43:53] ABOUT THE OVERALL EXPERIENCE. I WOULD LOVE TO DISCUSS IT MORE 25 of 75 [02:43:56] WHEN THE TIME IS RIGHT. [02:43:57] >> THANK YOU. [02:43:58] >> ALL RIGHT. ANY OTHER QUESTIONS HERE? NO. SEEING NONE. [02:44:02] THANK YOU VERY MUCH FOR THE GREAT PRESENTATION. WE WILL OPEN UP [02:44:05] FOR PUBLIC COMMENT. MAY I ASK YOU TO COME UP LATER IF WE HAVE [02:44:09] ANOTHER QUESTION? THANK YOU GUYS VERY MUCH. [02:44:11] >> THANK YOU. [02:44:13] >> ALL RIGHT. MADAM CLERK DOES NOT HAVE ANY CARDS. IF [02:44:17] ANYONE IS IN THE AUDIENCE RIGHT NOW THAT WOULD LIKE TO SPEAK TO [02:44:20] THIS, YOU ARE WELCOME TO COME UP. SEEING NO ONE! WE WILL BRING [02:44:24] IT BACK FOR A DISCUSSION WITH THE COLLEAGUES HERE AND MAYBE A [02:44:33] MOTION. YES, COUNCILMEMBER DUCLOS? [02:44:36] >> THANK YOU, MAYOR. I HAVE ONE QUESTION FOR STAFF AND IN [02:44:40] RELATION TO THE STAFF REPORT. IN STAFF REPORT, YOU SUGGEST THERE [02:44:45] IS EXTENSIVE INPUT FROM PARKS AND REC COMMISSION THAT GOES BACK [02:44:49] TO NOVEMBER IF YOU COULD SPEAK TO THAT FOR A MINUTE BECAUSE AS I [02:44:55] RECALL IN A RECENT MEETING OF THAT COMMISSION, THERE WAS A [02:44:59] SUGGESTION THAT THEY WEREN'T ENGAGED IN THIS PROCESS. IF YOU [02:45:03] DON'T MIND. [02:45:04] >> SURE. SO ANY BELIEVE NOVEMBER IS THE PROPER -- I DON'T [02:45:09] HAVE IT PULLED UP. AT THAT MEETING, WE VERY QUICKLY TURNED [02:45:13] AROUND THE COUNCIL'S REQUEST TO HAVE THE COMMISSION PROVIDE INPUT [02:45:17] ON THE SCOPE OF THE RFP. COMMISSION JUST LOOKED AT JUST THE [02:45:21] SCOPE SECTION OF THE RFP AND PROVIDED INPUT ON JUST THAT PORTION [02:45:26] OF IT. THAT IS THE EXTENT OF THE INVOLVEMENT OF THE PROCESS [02:45:30] BECAUSE OF THE QUICK TIMELINE AND SHORT TURNAROUND WE HAD TO PUT [02:45:34] IT TOGETHER TO ALLOW POTENTIAL PRODUCER AS MUCH TIME AS POSSIBLE [02:45:39] TO REALLY PULL OFF A GREAT EVENT. WE HAVE BEEN PROVIDING UPDATES [02:45:46] TO THE COMMISSION HOW THE PROCESS IS GOING, BUT THAT WAS THE [02:45:49] EXTENT OF BEING INVOLVED IN THE PROCESS. [02:45:51] >> GOOD. THANK YOU FOR CLARIFYING THAT. MADAM MAYOR, I [02:45:56] HAD ONE OTHER COMMENT. I WANT TO COMPLEMENT THE CITY MANAGER FOR [02:46:03] AN ALMOST THAT HAS BEEN ADDED TO OUR STAFF REPORTS. THE GENERAL [02:46:07] PLAN CONSISTENCY ELEMENT THAT YOU HAVE BEEN DOING, I HAVE TO SAY [02:46:11] I -- IT ADDS SO MUCH TO THIS. IT GIVES THE IMPORTANT CONTEXT TO [02:46:18] THE THINGS WE DISCUSS. I REALLY WANTED YOU TO KNOW HOW MUCH I [02:46:22] APPRECIATED THAT. THANK YOU, MADAM MAYOR. [02:46:26] >> ALL RIGHT. ANY OTHER? YES. MAYOR PRO TEM? [02:46:29] >> THANK YOU, MADAM MAYOR. I WANT TO EXTEND MY SINCERE [02:46:34] THANKS TO KELLY AND CITY MANAGER AND GENERAL LOHENTHALL. THIS IS [02:46:44] A LONG YEAR AND SPENT LOTS OF TIME. I APPRECIATE YOUR EFFORTS IN [02:46:50] GETTING US TO THIS POINT. AND THANK YOU 5B FOR THE PRESENTATION [02:46:54] AND FOR BEING HERE TONIGHT AND GENEROUSLY ANSWERING ALL OUR [02:46:58] QUESTIONS AND CURIOSITIES. [02:47:00] I WANT TO HIGHLIGHT A COUPLE OF THINGS THAT I REALLY [02:47:03] APPRECIATED ABOUT WHAT HAS BEEN PRESENTED TO US. THAT WAS I [02:47:07] REALLY SENSED A STRONG INTENTION TO HAVE A PARTNERSHIP FOCUS WITH 26 of 75 [02:47:11] THE CITY AND HAVE A LONG RELATIONSHIP WITH THE CITY AND A [02:47:14] SUCCESSFUL ONE AND TO WORK WITH OUR LOCAL BUSINESSES TO WHATEVER [02:47:19] DEGREE WE COULD CREATE WIN/WIN EXPERIENCES. AS FAR AS -- NOT [02:47:25] SURE KELLY, IF YOU MISSED IT, BUT IF YOU DIDN'T, I WANT TO [02:47:32] ACCENTUATE, BUT THERE IS CONVERSATION -- ON THE BEACH FOR A [02:47:36] PERIOD OF TIME AND EXCITING TIME DURING THE SUMMER MIGHT BE SOME [02:47:40] OPPORTUNITIES TO LEVERAGE THAT SPACE IN DAYTIME OR ALTERNATE DAY [02:47:46] THAT MIGHT BE ANOTHER ADD FOR THE COMMUNITY IS ENJOYMENT. I [02:47:51] THINK THAT WOULD BE A WIN/WIN. ALSO, I'M OPEN TO THE DISCUSSIONS [02:47:58] OF BEER GARDENS PER-SE IF IT IS EXPLORED WITH THE STAFF WITH [02:48:02] IMPORTANT INPUTS AND PERSPECTIVES WE WANT TO BE CONSIDERED IN THE [02:48:05] PROCESS. I'M SENSITIVE TO THE PLACE-MAKING AND, YOU KNOW, [02:48:10] CREATING EVENTS THAT HAVE THE KIND OF DRAW THAT CREATE AN [02:48:14] ENVIRONMENT AND FEEL. I'M OPEN TO THAT AS A POSSIBLE AS WELL. [02:48:19] THANK YOU, MADAM MAYOR. [02:48:21] >> ALL RIGHT. ANY OTHER DISCUSSION? YES, COUNCILMEMBER [02:48:24] FANGARY? [02:48:25] >> THANK YOU, MAYOR. I LIKE THE PROPOSAL AND THINK IT [02:48:30] PROVIDES YOUR EXPERIENCE AND TRYING THIS WITH HERMOSA BEACH IS [02:48:35] EXCITING TO ME. I LOOK FORWARD TO THE PARTNERSHIP AND HEAR AND [02:48:40] SHARE COUNCILMEMBER MASSEY'S CONCERNS ABOUT ALCOHOL ON THE BEACH [02:48:44] IN THE CITY HOWEVER WAY IT IS PUT TOGETHER IN THE STAFF REPORT [02:48:48] PROVIDING A MEANS FOR MAINTAINING A BALANCE. SORRY. LOOKING AT [02:48:53] THE WRONG SECTION, I THINK. REQUEST FOR CONSIDERATION FOR USE OF [02:49:01] LOT A BEER GARDEN DURING CONCERT SERIES WE DISCUSSED BEFORE [02:49:07] HAVING THE ABILITY TO SERVE ALCOHOL ON THE BEACH -- IT WOULD [02:49:13] REQUIRE SIGNIFICANT MODIFICATIONS OF THE MUNICIPAL CODE WHICH I [02:49:16] HAVEN'T PREVIOUSLY BEEN SUPPORTIVE OF. USING LOT A FOR THAT [02:49:21] PURPOSE IS SOMETHING I WILL BE AMENABLE HOW YOU DESCRIBED IT IS [02:49:26] PUT TOGETHER MORE OF A TASTING AND EXPERIENCE OF DIFFERENT [02:49:29] PRODUCTS RATHER THAN GETTING PEOPLE DRUNK. WE CAN TRY IT FOR THE [02:49:33] FIRST YEAR MAYBE AND SEE HOW IT WORKS. I WOULD BE AMENABLE TO [02:49:38] TRYING IT AS WELL AND SEEING HOW IT WORKS UNDER THE SUPERVISION [02:49:43] OF OUR STAFF AND POLICE DEPARTMENT. THANK YOU, MADAM MAYOR. [02:49:47] >> ALL RIGHT. THANK YOU. DO WE HAVE A MOTION? [02:49:49] >> MADAM MAYOR, I WOULD BE HAPPY TO MAKE A MOTION. [02:49:53] >> OKAY. [02:49:54] >> A WORD PRODUCTION -- MANAGEMENT OF SUMMER BEACH CONCERT [02:50:00] SERIES AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT AND CITY [02:50:05] CLERK TO ATTEST SUBJECT TO APPROVAL BY CITY ATTORNEY. [02:50:08] >> I WILL SECOND. [02:50:09] >> WONDERFUL. I WILL ADD A BIG THANK YOU TO 5B AND THE [02:50:15] OTHER ORGANIZATIONS THAT APPLIED FOR THE RFP WITH SUCH SHORT [02:50:24] NOTICE. IT WAS A TALL ORDER. YOU ROSE TO THE OCCASION AND STOOD [02:50:27] OUT IN A REALLY GREAT WAY. WE SEE YOUR ENTHUSIASM AND [02:50:33] PROFESSIONALISM AND ABILITY TO RESOURCE GREAT ACTS FOR HERMOSA [02:50:39] BEACH, AND WE ARE REALLY EXCITED TO PARTNER WITH YOU GUYS. 27 of 75 [02:50:41] >> THANK YOU SO MUCH. [02:50:43] >> WITH THAT, I WILL -- [02:50:45] >> MADAM MAYOR, BRIEFLY. [02:50:48] >> YEAH. [02:50:49] >> I'M EXCITED FOR 5B CAPABILITIES. I WON'T SUPPORT THE [02:50:54] MOTION. IT IS IMPORTANT WE GIVE CLEAR DIRECTION ALCOHOL [02:50:58] SPONSORSHIP AND SERVICE IS NOT SOMETHING THAT WE WANT STAFF TO [02:51:02] NEGOTIATE AS PART OF THE CONTRACT WITH THAT WITH RESPECT TO [02:51:07] EVERYTHING ELSE. I LOVE THE PROPOSAL AND AM OPTIMISTIC IT WILL [02:51:12] BE GREAT, BUT THOSE ARE IMPORTANT ISSUES FOR ME. WITH THAT, I [02:51:16] WON'T SUPPORT IT. [02:51:17] >> QUESTIONS FROM STAFF? MADAM CITY MANAGER, IS THAT [02:51:23] ACCURATE? [02:51:24] >> SO I CAN BETTER UNDERSTAND COUNCILMEMBER MASSEY'S [02:51:27] REQUEST -- LOT A. I THINK IN MY CONVERSATIONS WITH KELLY, THOSE [02:51:33] ARE THE TYPES OF ARRANGEMENTS WE WOULD BE LOOKING FOR BUT NOT [02:51:36] LOOKING FOR ALCOHOL ON THE BEACH. WE ARE VERY CLEAR THAT, THAT [02:51:40] IS CURRENTLY NOT ALLOWED IN OUR MUNICIPAL CODE. WOULD THAT BE [02:51:44] AMENABLE TO YOU POSSIBLY? [02:51:46] >> I UNDERSTAND THE ISSUE. IT WOULDN'T. [02:51:50] >> OKAY. [02:51:51] >> I UNDERSTAND TWICE A YEAR FOR FIESTA WE HAVE A BEER [02:51:54] GARDEN DOWN THERE. THEY REQUESTED WE ADD ONE IN FRONT OF [02:51:58] MERMAID. WE DECLINED AND REQUESTED A WINE TASTING AREA WE MIGHT [02:52:03] HAVE ALLOWED AT ONE POINT, AND WE HAVE SAME ISSUE WITH AVP AND [02:52:08] REQUEST FROM PRIOR PRODUCER OF SUMMER CONCERTS. I FORESEE IF WE [02:52:14] ALLOW IT HERE, IT WILL BE ALL OF THE OTHER PRODUCERS WILL COME [02:52:18] FORWARD AND ASK US FOR THE SAME ALLOWANCE, AND VERY QUICKLY WE [02:52:22] WILL HAVE DIFFICULTY DRAWING LINES. AND RIGHT NOW, THE LINE I S [02:52:25] PRETTY CLEAR. TO DATE, THE SUMMER CONCERTS HAVE BEEN PRODUCED [02:52:29] WITHOUT A BEER GARDEN. THERE -- THERE IS AMPLE SPACE ON PIER [02:52:35] PLAZA AND AROUND DOWNTOWN HERMOSA FOR FOLKS TO GET DRINK AND FOOD [02:52:41] TO COME TO THE EVENT. I'M NOT CONCERNED WITH THE FOOD ASPECT. [02:52:47] I'M CONCERNED ABOUT THE ALCOHOL PORTION OF IT. [02:52:49] >> IF I MIGHT JUST SHARE ONE MORE PIECE. JUST IN [02:52:54] RECOGNITION OF THE TIME CONSTRAINT FROM THE TIME WE WERE ABLE TO [02:52:59] RELEASE THE RFP AND GET PROPOSALS AND ASSEMBLE INTERVIEW TEAM, I [02:53:05] DO THINK IT PUTS A PARTICULAR STRAIN ON YEAR 1. AND IF I [02:53:13] UNDERSTAND FROM THE PRODUCER'S STANDPOINT AND I UNDERSTAND WHAT [02:53:17] COUNCILMEMBER MASSEY IS STATING, I WANT TO MAKE SURE THIS IS A [02:53:22] UNIQUE SITUATION GIVEN THE TIMEFRAME AND NEW RELATIONSHIP, AND WE [02:53:26] WOULD LIKE TO HAVE A SUCCESSFUL FIRST YEAR AND PERHAPS THAT IS [02:53:30] SOMETHING WE CAN DISCUSS IN YEARS 2 AND 3 AND AT LEAST SEE HOW [02:53:33] THE FIRST YEAR GOES, IF YOU WOULD BE OPEN TO CONSIDERING THAT. [02:53:37] >> WELL, AS I UNDERSTAND IT, MADAM MAYOR, IT IS NOT PART OF [02:53:41] THE CURRENT MOTION. IT IS -- IT IS SOMETHING DEFINITELY THAT [02:53:49] WOULD BE A DIFFERENT AND SEPARATE DISCUSSIO N AND RIGHTFULLY SO. 28 of 75 [02:53:53] THIS IS CONSISTENT ISSUE IN OUR CITY. COUNCILMEMBER MASSEY SAID [02:53:59] IN TERMS OF TENSION OF TRYING TO ADD THE ELEMENTS, AND I SAY THIS [02:54:02] WITH A COMPLETE SENSE OF UNDERSTANDING OF WHERE THAT TENSION IS [02:54:06] COMING FROM, FROM THE PRODUCER SIDE. [02:54:10] AND THAT YOU HAVE GOT TO GENERATE REVENUE AND YOU HAVE IT IN [02:54:19] TERMS OF SPONSORSHIPS AND SO FORTH THIS IS THE ISSUE WE ARE [02:54:24] ADDRESSING WITH AVP AND NOT JUST ABOUT HOW WE WILL HANDLE THIS. [02:54:27] IT IS REALLY SORT OF HOW DO WE NAVIGATE THIS GOING FORWARD? THE [02:54:35] OTHER PART OF IT IS THE ENVIRONMENT AND ACTS THAT ARE PLAYING, [02:54:41] THERE IS AN EXPECTATION FOR THE ACTS THAT WILL BE ACCESS TO [02:54:46] ALCOHOL, I BELIEVE. AND FROM EVERYTHING I HAVE SEEN, THERE IS [02:54:50] THAT PART TOO. [02:54:51] SO I THINK THE CONCERN FOR ME IS THAT IF YOU HAVE THIS, [02:54:55] WHETHER IT IS TASTING OR WHATEVER, THOSE DRINKS MIGRATE OVER TO [02:54:59] THE BEACH. WE HAVE SEEN IT HAPPEN. [02:55:04] THE OTHER THING, ALTHOUGH I KNOW IT IS WITHIN THE CONTRACT [02:55:08] THAT IN TERMS OF SPONSORSHIPS, THAT THEY BE WHAT WE CONSIDER TO [02:55:12] BE APPROPRIATE SPONSORSHIPS. [02:55:15] TO DATE, WE HAVE BEEN ABLE TO AVOID HAVING A BEER COMPANY [02:55:20] SPONSORING SUMMER CONCERTS. I WOULD CERTAINLY HOPE THAT [02:55:25] CONTINUES. I UNDERSTAND THAT PUTS -- THAT PUTS A LOT OF PRESSURE [02:55:29] ON THE PRODUCER OF THE EVENTS. SPONSORSHIPS, YOU KNOW, ARE NOT [02:55:34] EASY TO COME BY. OBVIOUSLY, YOU HAVE GREAT RESOURCES AND GREAT [02:55:39] RESPECT FOR YOUR ABILITY TO PROD AUTO US A FIRST-CLASS EVENT AND [02:55:44] YOUR ABILITY TO GENERATE APPROPRIATE SPONSORSHIPS. THAT IS A [02:55:49] WHOLE OTHER QUESTION THAT IS AT THE STAFF LEVEL. I DON'T HA VE -- [02:55:53] I WANT TO KNOW I HAVE THE COMFORT LEVEL THAT MY STAFF WILL [02:56:00] UNDERSTAND THE CULTURE WE ARE TALKING ABOUT AND ISSUES WE HAVE [02:56:04] HAD THAT WILL BE ENGRAINED HERE IN TERMS OF OUR CITY IN TRYING TO [02:56:09] KEEP ALCOHOL OFF THE BEACH AND NOT TO PERMIT IT ARE VERY REAL. [02:56:14] THAT -- THAT ISSUE WAS AT HAND FROM THE VERY FIRST TIME THAT [02:56:18] WE PRODUCED THE VERY FIRST CONCERT ON THE BEACH. [02:56:22] I DON'T SUSPECT IT WILL GO AWAY OR IS LESS, BUT IT IS A [02:56:29] SEPARATE DISCUSSION, AND I WOULD BE GIVEN THE TIME CONSTRAINTS [02:56:32] AND EVERYTHING, MY INCLINATION IS CERTAINLY TO SUPPORT THE [02:56:37] MOTION. BUT AS IT RELATES TO ALCOHOL, I THINK THAT IS A LARGER [02:56:41] DISCUSSION THAT WE NEED TO HAVE AT A DIFFERENT TIME. [02:56:49] >> WELL, TO BE CRYSTAL CLEAR. NOW I'M CONFUSED. YOU [02:56:53] UNDERSTAND IT IS HAPPENING AT THE STAFF LEVEL, BUT YOU EXPECT WE [02:56:56] WILL COME BACK FOR A BIGGER DISCUSSION? [02:56:58] >> NO. [02:56:59] >> IN GENERAL. [02:57:00] >> NO. IF I'M READING THE MOTION, THE MOTION DOES NOT -- [02:57:05] MOTION RELATED TO ALCOHOL AND BEER GARDEN IS NOT IN THE MOTION TO [02:57:09] APPROVE THIS CONTRACT. [02:57:14] >> CORRECT. BUT MADAM CITY MANAGER, AM I UNDERSTANDING [02:57:18] THIS CORRECTLY? YOU ALL WILL COORDINATE THAT AT THE STAFF LEVEL 29 of 75 [02:57:22] OR ARE YOU COMING BACK TO US TO TALK ABOUT ALCOHOL OR A BEER [02:57:28] GARDEN, FOR EXAMPLE? [02:57:29] >> I'M TRYING TO FIND THE SECTION IN THE AGREEMENT. I [02:57:32] BELIEVE THE WAY IT IS WORDED IN THE AGREEMENT NOW IS THAT IN [02:57:36] REGARDS TO THE BEER GARDEN, IT WOULD BE WORKED ADMINISTRATIVELY. [02:57:40] STAFF WOULD WORK WITH THE EVENT PRODUCER TO SEE IF IT IS EVEN [02:57:45] POSSIBLE. IF IT IS, WE WOULD OBVIOUSLY PUT THE PROPER PROCEDURES [02:57:49] AND POLICIES IN PLACE TO MAKE IT SUCCESSFUL SIMILAR TO THE [02:57:56] FIESTA. [02:57:57] >> DOES THAT COME BACK TO US? NO. AT THE STAFF LEVEL. [02:58:01] >> ADMINISTRATIVELY. [02:58:03] >> OKAY. [02:58:04] >> AND UNDER THOSE CIRCUMSTANCES, I WOULD NOT BE ABLE TO [02:58:08] SUPPORT THE MOTION. [02:58:09] >> HE SAID YES. [02:58:10] >> HE SAID HE WOULD NOT BE ABLE TO SUPPORT IT. [02:58:14] >> OKAY. [02:58:15] >> MAYOR PRO TEM? [02:58:17] >> COUNCILMEMBER DUCLOS, BUT MOTION STILL STANDS EVEN [02:58:22] THOUGH HE STATED HE WOULDN'T SUPPORT IT. I READ IT, AND HE [02:58:26] SECONDED IT. [02:58:27] >> I DID NOT. [02:58:28] >> YOU DID NOT? WHO SECONDED IT? [02:58:30] >> HANNY DID. [02:58:31] >> I DID. [02:58:33] >> ALL RIGHT. I WANT TO ADD THAT I THINK IN MY MIND ONE OF [02:58:39] THESE, WE HAVE AN OPPORTUNITY TO DO, AND I WANT TO PUT IN WORD [02:58:43] FOR WE, AS A CITY, HAVE OPPORTUNITY TO EXPERIMENT A LITTLE BIT [02:58:47] WITH THE EVENT AND SUCCESS AND POTENTIAL FOR THE EVENT. I THINK [02:58:51] AT LEAST HISTORICALLY AS OUR NEW PRODUCER IS AWARE AND WILL [02:58:56] CONTINUE TO BECOME MORE AWARE, THAT THIS PARTICULAR SERIES IS A [02:59:00] FAMILY-FRIENDLY SERIES. THAT IS HOW IT WAS POSITIONED IN THE [02:59:05] RFP. IT IS NOT AN ALL-WEEKEND THING. IT IS SORT OF DIFFERENT. [02:59:09] I, PERSONALLY, I DON'T HAVE ANYTHING NECESSARILY AGAINST A BEER [02:59:15] OR WINE GARDEN THAT IS CURATED IN A WAY THAT HAS AN ATMOSPHERE, [02:59:21] YOU KNOW, SORT OF APPROPRIATE CLASS. THERE IS NOTHING [02:59:24] PARTICULARLY WRONG WITH THAT IN MY MIND. I WANTED TO ADD THAT AS [02:59:27] WE CONSIDER THIS, THAT WE CONSIDER THE NUANCES OF THE DIFFERENT [02:59:31] KINDS OF EVENTS WHERE THIS COULD BE ADDITIVE OR NOT. IF WE TRIED [02:59:37] IT, AND IT DOESN'T WORK, I'M SURE WE WOULDN'T WANT TO CONTINUE [02:59:40] IT. THAT IS ALL I WANTED TO ADD. [02:59:42] >> IF I MIGHT, MADAM MAYOR? [02:59:47] >> SURE. [02:59:48] >> IF YOU CAN ARTICULATE WHAT THE EVENT LOOKS LIKE AND WHO [02:59:52] ARE THE VENDORS THAT ARE WORKING THERE AND GET -- AND GIVE THE [02:59:56] CONTEXTUAL LOOK AT HOW THIS IS ENVISIONED, THAT IS ONE THING. [03:00:02] BASICALLY, WHAT WE ARE SAYING IS WHATEVER YOU COME UP WITH WILL 30 of 75 [03:00:09] BE FINE. THAT IS CONTRARY TO WHAT OUR RESPONSIBILITY IS. [03:00:13] >> WELL. [03:00:14] >> I DO BELIEVE -- I STILL BELIEVE STRONGLY IT NEEDS TO [03:00:18] COME BACK TO US. WE NEED TO SEE IT. IT DOESN'T MEAN IT NEEDS TO [03:00:22] -- YOU KNOW, IT WILL TAKE A TREMENDOUS AMOUNT OF TIME, BUT I WANT [03:00:26] TO SEE EXACTLY WHAT THE STAFF WORKING WITH THE EVENT PROMOTERS [03:00:30] COME UP WITH AND WHAT THEY -- WHAT YOU PROPOSE BEFORE I -- ON [03:00:36] SOMETHING AS SIGNIFICANT AS -- AS THIS. AS AN EXTENSION TO OUR [03:00:42] SUMMER CONCERTS WE HAVE BEEN DOING OVER A DOZEN YEARS. [03:00:47] >> DO YOU HAVE A RESPONSE TO THAT? [03:00:49] >> IN ORDER TO BE ABLE TO DO THAT, WE WOULD HAVE TO BE IN [03:00:54] OR BE ENGAGED WITH 5B. WE WOULD REQUIRE AN ACTION FROM THE [03:00:58] COUNCIL TO ALLOW US TO HAVE CONVERSATIONS AND NEGOTIATIONS. [03:01:02] >> WELL, THEN I WOULD RECOMMEND THAT THE MOTION-MAKER THINK [03:01:05] OF AMENDING THEIR MOTION SO THAT -- YOU KNOW, THERE IS NOT A [03:01:10] SENSE OF AMBIGUITY IN TERMS OF WHAT THIS ELEMENT IS. [03:01:14] >> WELL, I WAS JUST LOOKING AT -- I DON'T KNOW THAT IT IS [03:01:19] AMBIGUOUS. I THINK IT IS INCORPORATING OUR DISCUSSION, WHICH IS [03:01:23] BECOMING CRYSTAL CLEAR THAT IT SOUNDS LIKE COUNCIL MEMBERS WANT [03:01:30] THIS ITEM TO COME BACK ALTHOUGH NO. NO. WE DON'T WANT IT. [03:01:35] >> THAT IS NOT WHAT I'M SAYING. I THINK THESE GUYS ARE [03:01:38] SMART ENOUGH, AND THEY LIVE HERE AND WILL SEE IF THIS GOES DOWN [03:01:42] AS 32 VOTE INPUT WE HAVE GIVEN TO STAFF IS THIS IS THE ISSUE OF [03:01:47] CONCERN WITH US. THEY WANT TO BUILD A PARTNERSHIP. THEY WILL [03:01:51] TAKE THAT INTO CONSIDERATION. WE DON'T HAVE TIME TO GET IT [03:01:54] NEGOTIATED AND COME BACK TO COUNCIL FOR FURTHER APPROVAL, CALL [03:01:58] QUESTION, AND VOTE ON IT. 32 VOTE BASED ON DISCUSSION AND NATURE [03:02:02] OF IT. THEY ARE SMART ENOUGH TO UNDERSTAND IN NEGOTIATION AND [03:02:08] STAFF GETS THAT MESSAGE GOING FORWARD, AND I TRUST THAT THE EVENT [03:02:12] WILL BE A SUCCESS. [03:02:15] >> ALL RIGHT. [03:02:16] >> THANK YOU. I FOUND THE SECTION IN THE CONTRACT YOU ARE [03:02:19] REFERRING TO. IT IS 3C, I BELIEVE. IT READS: THE CITY AGREES [03:02:23] TO WORK IN GOOD FAITHFUL PRODUCERS TO CONSIDER THE LOT A OR OTHER [03:02:28] CITY FOR A BEER GARDEN ACTIVATED SOLELY DURING SUMMER CONCERT [03:02:33] EVENTS THIS PROVISION IS DEPENDENT ON APPROVAL CITY POLICE CHIEF [03:02:39] AND MANAGER APPROVAL AND IT WON'T BE REASONABLY WITHHELD. IT IS [03:02:44] PROVIDED IN THE STAFF REPORT THAT PROMOTERS ARE LOOKING TO [03:02:48] INCORPORATE THIS FOR DISCUSSION AND CONSIDERATION AND DECISION [03:02:51] TODAY. AS FAR AS THE ACTUAL ACTS THAT ARE BEING PROVIDED, ONCE [03:02:56] YOU SIGN UP THE TALENT, IT HAS ALWAYS BEEN TRADITIONALLY APPROVED [03:03:01] BY THE CITY MANAGER TO NOT COME BACK TO THE CITY COUNCIL FOR [03:03:05] APPROVAL. I'M OKAY WITH STAFF'S REPORT SAYING THIS IS SOMETHING [03:03:08] WE WANT TO CONSIDER INCLUDING THAT IN THE AGREEMENT. THE MOTION, [03:03:12] AS CURRENTLY DRAFTED OR CURRENTLY MADE, WOULD GIVE THAT [03:03:16] AUTHORIZATION TO STAFF WITH APPROVAL OF CITY POLICE CHIEF AND [03:03:20] CONSIDER THE MANAGERS TO APPROVE. 31 of 75 [03:03:23] COUNCIL CAN PROVIDE WHATEVER INPUT AND GUIDANCE AND CONCERNS [03:03:27] WE WANT TONIGHT. I FEEL UNCOMFORTABLE. WE ARE HERE IN APRIL AND [03:03:32] STAFF COME BACK TO US LATER ON AND PROVIDE DETAILS. THE ENTITY [03:03:39] HAS TO GO ON AND START PLANNING IT BACK IN JANUARY. I WOULDN'T [03:03:43] BE SUPPORTIVE COMING BACK IN JUNE OR JULY AND TALKING ABOUT [03:03:47] AUGUST CONCERTS. WE DON'T HAVE TIME TO DO IT. I MENTIONED WE [03:03:50] HAVE THE CONCERNS, AND I SHARE CONCERNS THAT COUNCILMEMBER MASSEY [03:03:55] RAISED. I SEE THIS AS AN OPPORTUNITY TO TRY OUT SOMETHING [03:03:58] DIFFERENT WITH THE UNDERSTANDING THERE IS CONCERN OF THE COUNCIL [03:04:01] AND GIVE IT A SHOT AT THE FIRST YEAR TO SEE HOW THAT WORKS OUT. [03:04:05] IF ANYTHING, IT WILL BE AMENABLE TO REVISING THE CONTRACT TO [03:04:10] LIMIT IT FIRST YEAR AND HAVE IT COME BACK BY CONSIDERATION FOR [03:04:13] FOLLOWING YEAR FOR NEXT SUMMER CONCERT OTHERWISE THE AGREEMENT [03:04:18] DRAFTED. I'M OKAY WITH SUPPORTING THE MOTIONS AND SUPPORTING THE [03:04:22] CONTRACT. [03:04:23] >> ALL RIGHT. [03:04:24] >> YEAH. MOTION STANDS AS READ. [03:04:25] >> OKAY. SO I TRUST STAFF TO WORK ON THIS WITH 5B. WE [03:04:33] KNOW WHAT A SUCCESSFUL BEER GARDEN LOOKS LIKE. THIS IS VERY [03:04:37] DIFFERENT THAN THE ASK FROM THE PREVIOUS PRODUCER OF SERVING [03:04:41] ALCOHOL ON THE BEACH, WHICH IS A MUCH BIGGER CONTEMPLATION. [03:04:45] STAFF OBVIOUSLY KNOWS WHAT IT IS LIKE TO RUN A SUCCESSFUL BEER [03:04:50] GARDEN, WHICH WE SEE AT THE FIESTA EVERY YEAR. YOU HAVE MY [03:04:54] SUPPORT. I WILL CALL THE QUESTION. ALL THOSE IN FAVOR SAY AYE. [03:04:59] >> AYE. [03:05:01] >> ALL THOSE OPPOSED? [03:05:02] >> NO. [03:05:03] >> ALL RIGHT. CONGRATULATIONS, 5B. WE LOOK FORWARD TO A [03:05:08] GREAT CONCERT SERIES IN THE SUMMER. [03:05:11] >> THANK YOU. [03:05:12] >> ITEM B, FEE WAIVER REQUEST. THE REPORT IS FROM THE [03:05:19] COMMUNITY RESOURCES MANAGER KELLY AORTA. [03:05:23] >> ALL RIGHT. YOU ARE UP, KELLY. [03:05:26] >> OKAY. ANNUALLY CITY MANAGES AND PLANS INDUCTION [03:05:32] CEREMONY THAT TAKES PLACE ON PIER PLAZA. -- [READING FROM TEXT], [03:06:00] WHICH HAS BEEN PROVIDED TO THE CITY AT NO ADDITIONAL COST. [03:06:05] SO ADDITIONAL EVENT DETAILS ON SURF FEST ARE INCLUDED IN [03:06:09] SPECIAL APPLICATIONS, WHICH IS INCLUDED IN YOUR STAFF REPORT AS [03:06:13] ATTACHMENT 1. FOR THIS PARTICULAR ITEM, SPIDER HAS REQUESTED FEE [03:06:18] WAIVERS CONSISTENT WITH PAST ACTION OF THE COUNCIL THAT DOES [03:06:22] INCLUDE 100% REDUCTION OF SPECIAL EVENT FEES AND 10% REDUCTION OF [03:06:29] IMPACT FEES. MOST RECENTLY AT CITY COUNCIL'S MARCH 12TH MEETING, [03:06:34] 50% FEE REDUCTION FOR VARIETY OF EVENTS AS STATED IN STAFF REPORT [03:06:41] IF SIMILAR ACTIONS APPLIED TO CURRENT FEE WAIVER REQUEST, IT [03:06:45] WOULD BE RESPONSIBLE FOR $5,856. THAT IS 15% FEE REDUCTION IN [03:06:53] TOTAL EVENT FEES. STAFF ASKS COUNCIL TO ADDITIONALLY CONSIDERED [03:06:58] SPIDERS -- WHICH INCLUDES THE PLACEMENT AND PURCHASE OF CHAIRS 32 of 75 [03:07:05] AND THE COORDINATION AND ASSISTANCE WITH RECEIVING AND GETTING [03:07:10] THE EVENT T-SHIRTS AND ART WORK FOR THE EVENT AS WELL AS USE OF [03:07:16] STAGE, WHICH I MENTIONED PREVIOUSLY THOSE ARE A FEW ENHANCEMENTS [03:07:21] AND PARTNERSHIP OPPORTUNITIES THEY HAVE EXTENDED TO OUR INDUCTION [03:07:25] CEREMONY. FURTHER CONSIDER ADDITIONAL FEE WAIVER CONSIDERATIONS [03:07:29] IT WOULD EQUATE TO HALF OF THE INFRASTRUCTURE COST THAT IN TOTAL [03:07:34] IS $4700. THEREFORE, ADDITIONAL REDUCTION OF FEES WOULD RESULT [03:07:41] IN $3,056 AND FEE REDUCTION OF -- FROM 1% SPECIAL FEE EVENT [03:07:54] CALCULATION. SO WE DO HAVE REPRESENTATIVES HERE FROM SPIDER [03:07:58] SURFBOARD HERE THIS EVENING AND IF YOU HAVE SPECIFIC QUESTIONS OF [03:08:02] THEM RELATED TO THE EVENT I'M UNABLE TO ANSWER. THAT CONCLUDES [03:08:06] MY REPORT UNLESS YOU HAVE ANY QUESTIONS. [03:08:08] >> DO MY COLLEAGUES HAVE ANY QUESTIONS? COUNCILMEMBER [03:08:13] DUCLOS? [03:08:14] >> THANK YOU, MADAM MAYOR. IN YOUR STAFF REPORT, YOU [03:08:18] MENTIONED THAT THE SUB-COMMITTEE THAT THE PARKS AND REC [03:08:26] COMMISSION FORMED LOOKING AT FEE STRUCTURE STUFF IS SUPPOSED TO [03:08:29] RETURN IT IS AT A COUPLE MONTHS. INTERPRET IT TO BE 2. DO WE [03:08:34] KNOW EXACTLY WHEN IT MIGHT HAPPEN? [03:08:36] >> WE HAVEN'T FORMALLY MAPPED IT OUT. WE HAVE SAT AND MET [03:08:40] TO DISCUSS FEE WAIVERS. WE ARE DOING A LITTLE OUTREACH ON TRYING [03:08:45] TO SEE IF THERE IS SIMILAR MODELS WE CAN POSSIBLY LOOK TO UPGRADE [03:08:50] OR UPDATE OUR POLICY WITH. [03:08:52] ALL THAT TO SAY THAT I WOULD ANTICIPATE 2 TO 3 MONTHS IS THE [03:08:56] TIMELINE WE ARE WORKING ON THAT IS TO COME BACK TO THE COUNCIL [03:09:00] AND IT WOULD INCLUDE COMING BACK TO THE COMMISSION FOR INPUT AS [03:09:04] WELL. WE LOOKED AT. [03:09:14] >> SHOWN HERE ARE THERE ANY OTHER AREAS THAT WE LOOKED AT [03:09:21] WHERE FEES MIGHT BE REDUCED IN STAFF'S MIND? FOR EXAMPLE, [03:09:26] REMOVING THE PARKING FEE FOR -- YOU KNOW, FROM SPACES THEY NEED. [03:09:33] >> YOU MEAN -- EXCUSE ME. YOU MEAN SPECIFIC TO THE SPIDER [03:09:40] EVENT? WE COULD. THOSE ARE INDIRECT COSTS WE COULD CONSIDER [03:09:44] THAT WE WERE TRYING TO BE CONSISTENT WITH THE COUNCIL'S RECENT [03:09:48] ACTION AND AS WELL AS TRYING TO PROVIDE ADDITIONAL FEE WAIVER [03:09:52] CONSIDERATIONS, WE COULD MONETIZE BASED ON SPIDERS. [03:09:57] >> I MENTION THAT ONE GIVEN THE FACT THIS SERVES OUR [03:10:01] BUSINESSES, SO IT SEEMED TO ME THAT -- THAT MIGHT BE WORTHY OF [03:10:08] CONSIDERATION. I -- WE CAN GET INTO THAT LATER. THAT IS ALL [03:10:15] FROM ME. THANK YOU, MADAM MAYOR. [03:10:17] >> ALL RIGHT. MADAM PRO TEM? [03:10:20] >> THANK YOU, MADAM MAYOR. THE QUESTION FOR KELLY, IT SAYS [03:10:26] AS OF 2016 FEE WAIVER HAS BEEN WAIVED FOR THIS EVENT. WHAT [03:10:35] HAPPENED BEFORE 2016? [03:10:37] >> IT DOESN'T APPEAR TO US THAT THEY -- PRIOR TO 2016 WE [03:10:41] DON'T HAVE SPECIAL EVENT POLICY THAT WOULD NOT IN TURN WE DIDN'T [03:10:45] HAVE A FEE WAIVER POLICY AT THAT POINT. IT WAS UNCLEAR WHETHER [03:10:50] ANY FEES WERE PAID BY SPIDER AT THAT POINT. I DON'T KNOW IF IT 33 of 75 [03:10:54] WAS ADMINISTRATIVELY WAIVED OR, YOU KNOW, UNFORTUNATELY THE ONLY [03:10:58] THING WE CAN ATTRIBUTE IS CREATED SPECIAL EVENT FOR THE POLICY [03:11:03] AROUND THAT TIME. [03:11:04] >> GOT IT. [03:11:05] >> WE ARE NOT SURE PROCEDURES THAT TOOK PLACE PRIOR. [03:11:08] >> THANK YOU. [03:11:09] >> DO WE HAVE ANY OTHER QUESTIONS? SEEING NONE. MADAM [03:11:14] CLERK, DO YOU HAVE ANY CARDS? NO. I WILL OPEN IT UP TO THE [03:11:18] PUBLIC FOR COMMENTS. [03:11:20] >> YANNI LANG, PARKS AND REC. COMMISSIONER, MAYOR, AND [03:11:29] ESTEEMED COUNCIL, I'M HERE TONIGHT TO REQUEST 100% FEE WAIVER -- [03:11:36] 10+ YEARS AGO SURFERS WALK OF FAME CONSISTED OF 50 FOLDER CHAIRS, [03:11:42] OUTDATED PA SYSTEM, ALOHA SHIRTS. SINCE SPIDER'S INVOLVEMENT, IT [03:11:50] HAS ELEVATED WITH A WORLD-CLASS STAGE AND SUPPORTED BY SURF [03:11:54] INDUSTRIES TOP VENDORS. IT HOSTS APPROXIMATELY 10,000 GUESTS [03:12:01] THROUGHOUT THE DAY THUS BECOMING ONE OF HERMOSA BEACH'S POPULAR [03:12:07] FAMILY-FRIENDLY EVENTS THAT IS RECOGNIZED WORLDWIDE. IT STOKES [03:12:12] OUT ENTIRE COMMUNITY BUT ALSO HAS SIGNIFICANT AND MEASURABLE [03:12:16] POSITIVE ECONOMIC BENEFITS ON DOWNTOWN HERMOSA FROM RETAIL DINING [03:12:23] BIKE RENTALS PLEASE KEEP IN MIND DURING THE MONTH OF APRIL 3RD OF [03:12:28] THE WORLD'S LARGEST FESTIVALS HAPPEN ONLY TWO HOURS AWAY. TWO [03:12:33] WEEKENDS OF COACHELLA ART AND MUSIC FESTIVAL, THEY SYPHON TOURISM [03:12:43] AND LOCALS AWAY FROM HERMOSA BEACH. THIS GIVES THEM A WAY TO [03:12:49] COME HERE DURING THIS COMPETITIVE TIME OF YEAR. I'M A SALES REP [03:12:54] WHO WORKS IN THE SURF INDUSTRY. THE INDUSTRY EXISTS IN A [03:12:59] SEPARATE BUBBLE. MIND YOU, THINGS HAVE GOTTEN BETTER. THE FACT [03:13:03] REMAINS THAT MOTHER NATURE IS IN CHARGE. WE HAD ONE OF THE [03:13:07] RAINIEST FIRST QUARTERS OF THE YEAR CREATING LOTS OF DIFFICULTY [03:13:11] FOR BEACH BUSINESS. IN CLOSING, SPIDERS GENEROSITY DOESN'T END [03:13:16] OR BEGIN WITH SURF FEST. THEY SPONSOR COUNTLESS COMMUNITY EVENTS [03:13:21] SUPPORTING YOUTH SOCCER, VOLLEYBALL. THIS EVENT IS THREE WEEKS [03:13:27] AWAY. SHORT NOTICE WITH BUDGETARY ADJUSTMENTS. IT IS A TRUE [03:13:32] COMMUNITY EFFORT THAT COULDN'T HAPPEN WITHOUT SUPPORT OF CITY [03:13:36] STAFF, HISTORICAL SOCIETY, SPIDER, AND YOU, THE CITY COUNCIL. AS [03:13:43] CHAIR OF THE SURFERS WALK OF FAME COMMUNITY, I'M ASKING YOU TO [03:13:48] GIVE WAIVERS FOR THIS YEAR'S SURF FESTIVAL. THANK YOU. [03:13:55] >> THANK YOU, YANNI. GOOD EVENING. [03:13:58] >> I'M RICHARD O'REILLY, A OWNER OF SPIDERS IN DOWNTOWN [03:14:08] HERMOSA. THANK YOU GUYS. YOU HAVE BEEN GOOD TO WORK ON THIS AND [03:14:12] COUNCIL HAS BEEN GREAT TO WORK ON IT. WE THINK IT IS A REALLY [03:14:15] IMPORTANT EVENT FOR THE CITY AND FOR BUSINESSES DOWNTOWN FOR THAT [03:14:19] DAY AND MORE FOR THE COMMUNITY. YOU KNOW, THE NUMBER OF KIDS [03:14:22] THAT HAVE BEEN ASKING ME SINCE JANUARY WHEN THIS WAS TELLS ME IT [03:14:26] IS IMPORTANT TO THOSE KIDS LOTS HAVE BEEN COMING SINCE THEY WERE [03:14:30] 5. NOW THEY ARE 15. IT IS YOUNG KIDS AND THEIR PARE NTS AND [03:14:35] FAMILIES WE NEED SO MUCH MORE OF THAT ON THE PLAZA. I CAN'T [03:14:39] EXPRESS IT ENOUGH. YANNI TOUCHED ON IT A LITTLE BIT WE HAD THE 34 of 75 [03:14:45] WORST JANUARY AND FEBRUARY WE EXPERIENCED IN 22 YEARS DOWN THERE. [03:14:49] THANK GOODNESS WE HAD A DECENT MARCH. WE ARE IN THE RED ON THIS [03:14:54] WHOLE THING. WE DESPERATELY NEED MORE EVENTS LIKE THIS, FAMILY [03:14:58] AND KID FRIENDLY, THAT SEND THE MESSAGE TO MANHATTAN AND REDONDO [03:15:02] AND LA THAT THE PLAZA IS SOMEWHERE YOU WANT TO BRING YOUR KIDS [03:15:09] AND PARENTS AND FRIENDS AND SHOW IT OFF. IT SHOULD BE THE LITTLE [03:15:16] BEACON OF HERMOSA I THOUGHT WE WOULD INTEND IT TO BE. WE START [03:15:24] WORKING ON THIS IN JANUARY. IT COSTS US A TON OF TIME AND LEAN [03:15:28] ON OUR STAFF IN A HUGE WAY AND RELATIONSHIPS THAT GO BACK WITH [03:15:32] SURF INDUSTRY 30 YEARS. WE ARE LEANING ON THEM AND EXPECT THEM [03:15:37] TO SHOW UP IN A BIG WAY AND GIVE TONS OF STUFF WITH THOSE KIDS. [03:15:41] WE ARE JEOPARDIZING THE RELATIONSHIPS, ESPECIALLY TO THE TUNE OF [03:15:45] THREE WEEKS AWAY. $8500 TO US, IF YOU TOLD US THAT WAS THE COST [03:15:53] FOR THIS THING, WE COULDN'T DO IT. WE WOULD WALK AWAY. IT WOULD [03:15:57] MAKE US LOOK SILLY TO VENDORS AND DISAPPOINT TONS OF KIDS OUT [03:16:02] THERE AND TO THE COMMUNITY. I THINK THAT IS ALL I HAVE TO SAY. [03:16:07] WE ARE WILLING TO ANSWER ANY QUESTIONS AND HAPPY TO EXPLAIN WHY [03:16:11] IT COSTS US SO MUCH AND WHERE ALL OF THE FEES GO. MORE THAN [03:16:15] ANYTHING, JUST REALLY ASKING FOR YOUR SUPPORT ON IT. WE WANT TO [03:16:18] FEEL THIS IS SOMETHING WE ARE WORKING ON TOGETHER. WE FELT THAT [03:16:21] WAY FOR A LONG TIME WHEN WE HAVE TO COME UP HERE AND BEG FOR THIS [03:16:25] EVERY YEAR LIKE WE DO WITH A WHOLE DIFFERENT SET OF FEES NOT [03:16:29] KNOWING WHAT WE ARE ASKING FOR OR WHERE WE ARE GOING. IT IS [03:16:32] FRUSTRATING FOR US TO FIND A WAY TO FIGURE OUT HOW TO WORK ON IT [03:16:36] BETTER AND EXPLANATION FEES WE SHOULD LOOK AT FOR A CONSISTENT [03:16:41] BASIS, IT WOULD BE BETTER FOR ALL OF US. GOOD? [03:16:45] >> THANK YOU. THANK YOU, GUYS. [03:16:47] >> ALL RIGHT. ANYONE ELSE FOR PUBLIC COMMENT? GOOD [03:16:53] EVENING. [03:16:54] >> GOOD EVENING, MAYOR. I DIDN'T FILL OUT A CARD. PUNISH [03:16:59] ME LATER. I THINK THIS IS A HIGHLY ICONIC EVENT FOR THE CITY AND [03:17:10] VERY IMPORTANT. IT REALLY ESTABLISHES ONE OF THE REALLY NICE [03:17:14] THINGS ABOUT HERMOSA BEACH. I THINK IT SHOULD BE SUPPORTED, AND [03:17:18] I THINK WHERE SOMEONE IS NOT MAKING A DIRECT KILLING ON INCOME ON [03:17:25] THIS, THERE AUGHT TO BE A BREAK ON THE FEES. [03:17:28] I WOULD PERSONALLY ASK YOU TO SUPPORT WAIVING THE FEES AND [03:17:33] KEEPING THIS EVENT GOING IN SPITE OF SOME OF THE HARDSHIPS THAT [03:17:38] HAVE BEEN EXPRESSED FOR THIS YEAR. I THINK IT IS REALLY [03:17:42] IMPORTANT TO THE IMAGE OF THE CITY AND TO THE COMMUNITY IT [03:17:47] REPRESENTS. I HOPE YOU ALL WILL WAIVE THE FEE. THANK YOU. [03:17:50] >> THANK YOU, CRAIG. ANYONE ELSE FOR PUBLIC COMMENT ON [03:17:53] THIS ITEM? SEEING NO ONE. I WILL CLOSE PUBLIC COMMENT AND BRING [03:17:57] IT BACK UP TO THE DAIS. I AM HAPPY TO JUST MAYBE START OFF WITH [03:18:05] A QUICK DISCUSSION ON THIS. I VIEW THIS AS A PARTNERSHIP WITH [03:18:10] SPIDER TO PUT ON SURF FEST. IT IS AN IMPORTANT EVENT AND FREE [03:18:14] AND FREE ENTERTAINMENT. I DON'T SEE IT MUCH DIFFERENT THAN A [03:18:18] PARTNERSHIP WE WERE JUST TALKING ABOUT ON SUMMER CONCERTS EVEN WE 35 of 75 [03:18:23] ARE NOT CHARGING THEM TO USE OUR BEACH TO PROVIDE A FREE EVENT [03:18:28] AND ENTERTAINMENT FOR OUR RESIDENTS. THE FACT IT IS OPEN TO THE [03:18:33] PUBLIC AND GIVING SWAG AWAY TO EVERYONE, IT BRINGS PEOPLE TO [03:18:38] HERMOSA BEACH FOR A VERY POSITIVE EVENT. I WOULD SUPPORT A FULL [03:18:43] FEE WAIVER. I WILL LOOK TO MY COLLEAGUES FOR MORE DISCUSSION ON [03:18:46] THIS ITEM. YES, MAYOR PRO TEM? [03:18:49] >> I'M HAPPY TO ADD TO THAT. I WANT TO START BY SAYING [03:18:53] THAT I'M ACTUALLY VERY APPRECIATIVE THAT THE CITY IS TAKING ON [03:18:58] THE TASK OF LOOKING AT ALL PERMITS AND EVENTS AND CONSISTENCY [03:19:03] WITH WHICH WE ARE TREATING THE CONSIDERATIONS. WE HAD A FEW [03:19:06] RECENTLY THAT YOU MENTIONED LAST MONTH. I'M KIND OF TROUBLED BY [03:19:13] QUICK DECISIONS RIGHT NOW BECAUSE I KEEP THINKING ALL THESE [03:19:17] EVENTS ARE NOT ALIKE WE NEED A NUANCED APPROACH TO LOOK AT VALUE [03:19:25] OF CONTRIBUTIONS THAT COME OUT OF THE EVENTS FOR THE CITY. I [03:19:30] THINK THE TIMELINE IS TOO SHORT TO INTRODUCE THIS NOW WITHOUT AN [03:19:34] OPPORTUNITY OF A LONG-TERM PARTNERSHIP TO PLAN AHEAD FOR THE [03:19:38] BUDGET CONSIDERATIONS THAT MAY BE IN THE FUTURE. [03:19:42] I'M LOOKING FORWARD TO THAT CONVERSATION WHEN WE GET TO THAT [03:19:46] PLACE. I SUPPORT A FULL FEE WAIVER THIS YEAR. THANK YOU. [03:19:51] >> COUNCILMEMBER DUCLOS? [03:19:54] >> THANK YOU, MADAM MAYOR. I KNOW IT WAS SUGGESTED? SOME [03:20:00] CORRESPONDENCE THAT THIS EVENT SHOULD BE A CITY -SPONSORED EVENT. [03:20:11] I AGREE. UNFORTUNATELY, WE DON'T HAVE THE CAPACITY TO PRODUCE [03:20:15] EVENTS. [03:20:16] IF WE DID, WE COULDN'T COME UP WITH A BETTER EVENT THAN THIS [03:20:21] ONE. WHEN I LOOK AT, FOR EXAMPLE, THE GENERAL PLAN CONSISTENCY, [03:20:25] IT SAYS COMMUNITY FRIENDLY EVENT, BUT THIS IS REALLY MUCH, MUCH [03:20:30] MORE THAN THAT. I MEAN, THIS IS AN EVENT THAT HAS A SENSE OF [03:20:34] AUTHENTICITY IN TERMS OF WHO WE ARE AS A CITY. THIS IS ABOUT [03:20:39] SORT OF OUR HERITAGE AS A CITY, AND THIS IS ABOUT THE THING THAT [03:20:43] MAKES US UNIQUE. WHAT MORE DO YOU WANT IN A COMMUNITY EVENT THAT [03:20:48] THE COMMUNITY EMBRACES AND PUTS ON? YOU KNOW, I HAVE TO SAY THAT [03:20:56] I'M DISAPPOINTED THAT THE CHAMBER WOULDN'T STEP UP AND CONTRIBUTE [03:21:02] IN SOME WAY TO AN EVENT THAT IS MORE AUTHENTIC THAN ANYTHING THAT [03:21:06] THEY PRODUCE. [03:21:07] YOU KNOW, WHICH DEALS WITH THEIR BUSINESSES. I THINK THAT [03:21:12] IS ALSO UNFORTUNATE. WHEN THAT HAPPENS, THE DEFAULT IS IT COMES [03:21:17] BACK TO THE CITY. [03:21:18] YOU KNOW, WE HAD THIS CONVERSATION EARLIER AND RENEWED [03:21:22] REALITY IS THAT WE CANNOT JUST BLANK -- YOU KNOW, DO WRITE A [03:21:28] BLANK CHECK AND JUST NOT CHARGE FOR THE SERVICES AND THE THINGS [03:21:33] THAT WE PROVIDE ANYMORE. WE HAVE TO COME UP WITH A NEW [03:21:37] STRUCTURE. ALL OF THAT SAID, THIS EVENT, SEEING THE WAY IT HAS [03:21:47] -- THOSE OF US THAT HAD THE OPPORTUNITY TO SEE IT EVOLVE FROM THE [03:21:51] FOLDING CHAIRS TO WHAT IT IS NOW, IT IS -- IT IS REALLY -- IT IS [03:21:55] IMPORTANT. IT IS UNIQUE. IT HAS SIGNIFICANT VALUE AND ECONOMIC [03:22:02] AND CULTURALLY AND OUR REPUTATION AS A CITY ACROSS THE BOARD. 36 of 75 [03:22:11] I'M IN FAVOR IN THIS INSTANCE OF WAIVING FEES. IT IS DIFFERENT [03:22:15] THAN ANY OTHER EVENTS WE HAVE IN TERMS OF ITS SUCCESS IS [03:22:19] IMPORTANT TO OUR SUCCESS AS A CITY. THEREFORE, I WILL BE [03:22:23] SUPPORTING THE WAIVER. THANK YOU, MADAM MAYOR. [03:22:27] >> ALL RIGHT. WELL SAID, COUNCILMEMBER MASSEY. [03:22:31] >> I THINK IT IS IMPORTANT TO BE CONSISTENT WITH THE WAY WE [03:22:35] HANDLED OTHER EVENTS. OUR COSTS OF THE CITY ARE GOING UP. WE [03:22:43] HAVE TO MAKE SURE THAT WE ARE GETTING APPROPRIATE VALUE FOR THE [03:22:47] USE OF OUR PUBLIC SPACES. MERIT OF THIS EVENT IS NOT AT ALL THE [03:22:52] ISSUE LIKE IT WASN'T WITH HEARTS OF HERMOSA BUT WHETHER THE CITY [03:22:57] CAN AFFORD IT AT THIS PARTICULAR POINT IN TIME. FOR THAT REASON, [03:23:01] I THINK IT IS IMPORTANT TO BE A CONSISTENT 50/50 PARTNERSHIP AND [03:23:07] FEE WAIVER. THAT IS WHAT I WILL SUPPORT. I WON'T SUPPORT THE [03:23:12] MOTION. I WILL MAKE A POINT WE NEED TO STRAIGHTEN OUT OUR FEE [03:23:17] WAIVER POLICY. WE NEED TO DO IT SOON. WE NEED TO LET THESE [03:23:22] FOLKS KNOW LIKE DICKY MENTIONED EXACTLY WHAT THEY CAN EXPECT IN [03:23:26] TERMS OF WHAT THEIR COSTS WILL BE AND WHETHER OR NOT THEY ARE [03:23:30] LIKELY TO GET THEIR FEE WAIVER GRANTED. THAT GOES FOR SURF FEST [03:23:34] AND EASTER SUNRISE SERVICE AND EASTER EGG HUNTS AND HEARTS OF [03:23:40] HERMOSA AND EVERYBODY THAT APPLIES FOR FEE WAIVER TO USE PUBLIC [03:23:45] SPACE IN THE CITY OF HERMOSA BEACH. THANK YOU, MADAM MAYOR. [03:23:49] >> COUNCILMEMBER FANGARY? [03:23:52] >> THANK YOU, MADAM MAYOR. I LOVE THIS EVENT AND ACTIVITY [03:23:56] AND VIBE THAT IT HAS. I KNOW THEY MENTIONED THE KIDS BEING OUT [03:24:00] THERE, HUNDREDS OF KIDS OUT THERE THE ENTIRE DAY. IT IS AN [03:24:03] AMAZING EVENT AND BRAND FOR HERMOSA BEACH, ABSOLUTELY. I REALLY [03:24:09] ENJOY IT. I HAVE BEEN ALWAYS CONSISTENTLY SUPPORTIVE OF THE FEE [03:24:16] WAIVER. AS COUNCILMEMBER MASSEY MENTIONED, WE STARTED A TREND [03:24:22] THIS YEAR TELLING PEOPLE WE HAVE TO DO THINGS DIFFERENTLY AND PUT [03:24:26] A SYSTEM IN PLACE WHERE VARIOUS APPLICATIONS ARE ADDRESSED. W E [03:24:30] STARTED LAST MEETING OR TWO MEETINGS AGO. THIS YEAR, WE WILL GO [03:24:34] FOR 50% WAIVER UNTIL WE GET THINGS FIGURED OUT AND HAVE SPECIFIC [03:24:39] CATEGORIES. LOOKING AT STAFF RECOMMENDATION FOR 50% WAIVER WOULD [03:24:44] HAVE BEEN MY RECOMMENDATION AND WOULD HAVE RESULTED IN A COST OF [03:24:56] [INDISCERNIBLE]. THAT IS MY SUPPORT. I UNDERSTAND THE THREE [03:25:01] COLLEAGUES TO THE RIGHT SUPPORTING THE ENTIRE WAIVER. IT IS [03:25:04] INCREDIBLE BRANDING FOR THE CITY OF HERMOSA BEACH, AND I LOVE [03:25:09] WHAT SPIDER HAS DONE OVER THE YEARS TO GET THE EVENT TO FLOURISH [03:25:13] AND BE NICER AND BIGGER AND MORE SUCCESSFUL EVERY YEAR TO BE [03:25:17] CONSISTENT WITH OTHER PEOPLE BEFORE US. IT PUTS COUNCIL IN A [03:25:22] DIFFICULT POSITION WHEN COME IN AND WANT 100% WAIVER. THE NEXT [03:25:27] PERSON THAT COMES IN, WELL, AM I NOT GOOD ENOUGH? WHY ARE YOU [03:25:31] NOT GIVING ME A FAIR TREATMENT? IT PUTS US IN A DIFFICULT [03:25:36] POSITION. WE ASKED OUR STAFF TO LOOK INTO IT AND HOPEFULL Y LATER [03:25:40] THIS YEAR WHEN EVENTS ARE 2020 COMING AROUND, WE WILL HAVE A [03:25:44] BETTER SYSTEM. IN THE MEANTIME, STARTED PROCESS DOING 50% UNTIL [03:25:50] MEANTIME UNTIL WE FIGURE IT OUT. 50% WAIVER AND PAYMENT OF 3506. 37 of 75 [03:25:57] UNFORTUNATELY, IT IS NOT 0 BUT REASONABLE AMOUNT TO BEAR SOME OF [03:26:02] THE CITY'S COSTS. I WOULD HAVE BEEN SUPPORTIVE OF STAFF [03:26:07] RECOMMENDATION. THREE OF MY COLLEAGUES ARE WILLING TO PUT 100% [03:26:11] WAIVER. I HAVE A FEELING THIS IS WHERE IT WILL GO. THANK YOU, [03:26:16] MADAM MAYOR. [03:26:17] >> THANK YOU. JUST TO SEEK CLARIFICATION FROM COLLEAGUES [03:26:21] AND STAFF AS WELL, IT IS A CONTEMPLATION OF FEE WAIVER AND COST [03:26:25] WAIVER SEPARATELY OR 50% OF THE SOUND STAGE WAS RECOMMENDED IN [03:26:33] THE STAFF REPORT AS A WAIVER OR CONTRIBUTION TO THE COST OR HOW [03:26:38] WOULD WE INTERPRET THAT? [03:26:40] >> RIGHT. COST OF THE STAGE, WHICH IS $4700 REGARDLESS. [03:26:45] THAT IS NOT A COST THAT THEY HAVE GIVEN TO THE CITY. THEY [03:26:49] PROVIDE THAT FOR SURF FESTIVAL AND ALLOW THE CITY TO -- WHAT [03:26:55] STAFF IS CONTEMPLATING IN THE STAFF REPORT IS IN ADDITION TO THE [03:27:00] 50% FEE WAIVER CONSISTENT WITH RECENT ACTION OF COUNCIL [03:27:06] CONSIDERING ESSENTIALLY ADDITIONAL FEE WAIVER OR REDUCTION OF 50% [03:27:13] OF THE COST OF THE STAGE SINCE IT IS A SHARED INFRASTRUCTURE [03:27:17] SPIDER IS PROVIDING TO THE CITY THAT WOULD RESULT IN THE 3,500 [03:27:24] DOLLAR AMOUNT. [03:27:25] >> OKAY. TO BE CLEAR, I'M FULLY SUPPORTIVE OF THE 100% FEE [03:27:30] WAIVER TO THE EXTENT THAT WE -- YOU CAN'T WAIVE 100% OF THE FEES. [03:27:36] SOME, THEY HAVE TO PAY $378. I'M IN SUPPORT OF PAYING HALF OF [03:27:42] THE COST OF THE STAGE, SO -- [03:27:44] >> IN ADDITION? [03:27:46] >> I WILL LOOK TO MY COLLEAGUES FOR -- [03:27:51] >> IS THAT EVEN BEFORE US IN THE STAFF REPORT? [03:27:54] >> YES. [03:27:55] >> MADAM CITY MANAGER? [03:27:59] >> IF I MIGHT TRY TO CLARIFY FOR THAT, SPIDER HASN'T ASKED [03:28:03] US TO PAY FOR THE COST OF THE STAGE. WHAT STAFF DID IN THE STAFF [03:28:08] REPORT IS TAKE INTO CONSIDERATION THE VALUE OF THE OFFER TO US. [03:28:13] THEY ALLOW US TO USE THE STAGE. WE DETERMINE THE VALUE OF THAT [03:28:17] SHOULD BE DEDUCTED FROM THE FEES. [03:28:23] >> OH, GOT IT. WE ARE TALKING ABOUT FEE WAIVERS AND THAT [03:28:28] IS WHAT WE VOTE ON. I WILL LOOK TO SOMEONE TO MAKE THE MOTION. [03:28:31] >> MADAM MAYOR, I MOVE THAT CITY COUNCIL -- I MOVE THAT WE [03:28:40] WAIVE THE EVENT FEES FOR THE SPIDER SURFBOARD FOR SURF FEST ON [03:28:48] SATURDAY, APRIL 27TH. [03:28:50] >> DO WE HAVE A SECOND? [03:28:52] >> SECOND. [03:28:54] >> MADAM MAYOR, JUST FOR CLARIFICATION. [03:28:56] >> YES. [03:28:57] >> TABLE 1 CHARACTERIZES A CERTAIN CATEGORY OF FEES AS [03:29:01] SPECIAL EVENT FEES AND SECOND CATEGORY IS IMPACT FEES. JUST FOR [03:29:06] PURPOSES OF CLARITY ON THE MOTION, IF YOU ARE CARVING OUT ONE OF [03:29:10] THOSE, THAT IS PERFECTLY FINE, BUT I WANTED YOU TO BE AWARE OF [03:29:13] THAT. 38 of 75 [03:29:14] >> SO IN THE MOTION, WE ARE WAIVING BOTH APPARENTLY? [03:29:17] >> EXCEPT FOR THE APPICATION. [03:29:19] >> IS THAT HOW WE ARE INTERPRETING IT? [03:29:22] >> SPECIAL EVENT FEES AND 10% OF THE IMPACT FEES. AM I [03:29:29] UNDERSTANDING THAT RIGHT? [03:29:30] >> HOW YOU JUST DESCRIBED IT IS WHAT THE FEE WAIVER POLICY. [03:29:34] >> I WOULD AMEND MY MOTION TO THAT. [03:29:38] >> SO FOR CLARITY, IT WOULD BE THAT FINAL COLUMN IN TABLE [03:29:42] 1, WHICH WOULD MEAN THAT SPIDER WOULD BE REQUIRED TO PAY $378. [03:29:50] >> YEAH. [03:29:51] >> OKAY. [03:29:53] >> AGREE. [03:29:54] >> ALL RIGHT. SO ALL THOSE IN FAVOR? [03:29:57] >> AYE. [03:29:58] >> OPPOSED? [03:29:59] >> NO. [03:30:00] >> NO. [03:30:04] >> OKAY. MADAM CLERK? [03:30:06] >> ITEM 6C WAS REMOVED FROM THE AGENDA AND WILL BE ON THE [03:30:11] APRIL 23RD MEETING. ITEM 6D, APPROVAL TO INVESTIGATE THE [03:30:19] FEASIBILITY OF NORTH FRANCISCA AVENUE FOR HER ON THE DRAIN STORM [03:30:25] WATER INFILTRATION PROJECT. THE PROJECT IS FROM ENVIRONMENTAL [03:30:31] ANALYST CHRISTIE MORRIS AND SUPPLEMENTAL E -MAIL FROM DAVE AND [03:30:38] FROM PETER TUCKER. THEY WERE RECEIVED TODAY. [03:30:42] >> GOOD EVENING, MADAM MAYOR AND CITY COUNCIL. I WILL GET [03:30:48] STARTED. AT THE LAST MEETING, MARCH 26TH, CITY COUNCIL [03:30:53] CONSIDERED ON [INDISCERNIBLE] HERMOSA GREENBELT INFILTRATION [03:30:57] PROJECT AND DISCUSSED HOW WE COULD ACHIEVE COMPLIANCE WITH [03:31:02] DEADLINES AND MANAGEMENT PROGRAM AND MAINTAIN -- GRANT FUNDING. [03:31:10] STAFF PRESENTED THE FOLLOWING OPTIONS TO CITY COUNCIL FOR [03:31:16] CONSIDERATION ONE IS EXISTING PROJECT EXISTING GREENBELT LOCATION [03:31:19] AND SECOND PROCEEDING WITH PROJECT AT ALTERNATIVE LOCATION WITHIN [03:31:24] CITY'S JURISDICTION -- OR THIRD OPTION WAS INITIATING A [03:31:30] DISSOLUTION OR AMENDMENT AT MOU AND NEGOTIATE A SUITABLE [03:31:37] SUBSTITUTE OR REVISE MOU WITH REDONDO AND MANHATTAN BEACH ON THIS [03:31:45] CURRENT MOU OR -- THESE OPTIONS WERE OUTLINED PRIOR TO CITY [03:31:55] COUNCIL RECEIVING A LETTER AT 5:00 P.M. FROM BILL GRAND, WHO [03:32:03] AUTHORIZED THE CITY -- THIS IS AN ALTERNATIVE LOCATION FOR THE [03:32:09] PROJECT AFTER SIGNIFICANT DISCUSSION AND COMMUNITY FEEDBACK [03:32:13] COUNCIL APPROVED INITIATING AMENDMENT -- MOU FOR COST SHARING FOR [03:32:20] PROJECT DISDAIN OF THE PROJECT SPECIFICALLY NOT CONSTRUCTION AND [03:32:24] NEGOTIATE A SUITABLE SUBSTITUTE OR REVISED MOU IN PROJECT WITH [03:32:29] THE CITY PARTNERS. FOLLOWING THE MEETING STAFF CONVENED -- STAFF [03:32:37] DIRECTION AND HOW TO PROCEED WITH INVESTIGATING FEASIBILITY OF [03:32:41] NORTH FRANCISCA AVENUE IN REDONDO BEACH. EXPLORING THE [03:32:47] FEASIBILITY OF THE SITE. SCC IS CURRENTLY MOST EXPEDITIOUS WAY [03:32:52] TO MEET COMPLIANCE DEADLINES AND MAINTAIN GRANT FUNDING. 39 of 75 [03:32:58] STIPULATED THIS CITY WOULD HAVE TO BE FULLY FUNDED IN THE CITY OF [03:33:03] HERMOSA BEACH AND ONCE THE SITE IS DETERMINED TO BE FEASIBLE. [03:33:08] MARCH 29TH, CITY NOTIFIED STATE BOARD GROUP INVESTIGATE [03:33:15] FEASIBILITY AND DEVELOP PROJECT AND STATE BOARD WAS SUPPORTIVE OF [03:33:20] THIS DIRECTION -- COST PROPOSAL FOR ADDITIONAL SERVICES. [03:33:34] [READING FROM TEXT]. [03:33:36] PREVIOUS SITE INVESTIGATIONS AT GREENBELT LOCATION INCLUDING [03:33:41] G TECHNICAL ANALYSIS AND UTILITIES RESEARCH INDICATE NORTH [03:33:48] FRANCESCA AVENUE IS A FEASIBLE LOCATION. THERE ARE CONCERNS [03:33:51] REGARDING REALIGNMENT PLANS BROUGHT UP BY REDONDO BEACH STAFF AND [03:33:57] NUMBER OF UTILITIES TO BE NAVIGATED AND SOLE CONTAMINATION. WE [03:34:06] HAVEN'T CONFIRMED ANY CONTAMINATION UNDER FRANCISCA STREET SITE. [03:34:16] [READING FROM TEXT]. AGREEMENT WITH THE CITY AND CITY TO FUND [03:34:22] THIS INVESTIGATION UP TO AMOUNT OF -- STAFF RECOMMENDS TETRA TECH [03:34:29] ADDRESS PREVIOUSLY IDENTIFIED CONCERNS IMMEDIATELY SUCH AS SITE [03:34:36] CONTAMINATION AND UTILITIES AND PROCEED THROUGH ITERATIVE PROCESS [03:34:41] WHERE ONCE CONSENTS ARE ADDRESSED MOVE ON TO THE NEXT SET OF [03:34:46] TASKS IF IN THE BIT OF WORK. IF THIS SITE IS DETERMINED TO [03:34:51] INFEASIBLE, WORK WOULD BE DISCONTINUED IMMEDIATELY. THAT [03:34:54] CONCLUDED MY STAFF REPORT. [03:35:00] >> THANK YOU, CHRISTIE. LOOKING TO MY COLLEAGUES FOR [03:35:04] QUESTIONS YOU MAY HAVE RIGHT NOW. YEAH. MAYOR PRO TEM. [03:35:08] >> THANK YOU, MADAM MAYOR. [03:35:17] >> I RECALLED THIS WHILE WE CONSIDER THE POSSIBLE NEW SITE [03:35:21] IN REDONDO, WE WOULD CONTINUE TO CONSIDER SITES IN HERMOSA IN [03:35:29] CASE WE STILL NEED THAT. WHAT DOES THAT REQUIRE US TO DO RIGHT [03:35:32] NOW AT THIS POINT? I KNOW WE HAD SEVERAL SITES WHERE WE HAD A [03:35:37] SENSE OF THEIR VIABILITY. DO WE NEED TO DO ANYTHING FURTHER IN [03:35:40] ADDITION TO WHAT IS GOING ON IN FRANCISCA TO CONSIDER SITES IN [03:35:46] HERMOSA THAT MIGHT COME BACK ON THE TABLE? [03:35:50] >> INITIAL EXPLORATION WOULD BE TO SEE IF WE COULD SITE THE [03:35:55] WHOLE PROJECT IN FRANCISCA STREET. IF FEASIBLE WE WOULD DO SOIL [03:36:01] BORINGS TO LOOK AT POTENTIAL SOIL CONTAMINATION AND POT HOLING TO [03:36:05] LOOK AT UTILITIES UNDERNEATH THE STREET AT 10 DIFFERENT LOCATIONS [03:36:10] ONCE THAT IS DONE. THAT IS THE FIRST STEPS AND DETERMINE IT WAS [03:36:14] FEASIBLE TO DO A PROJECT, THERE WE WOULD HAVE TO DETERMINE IF WE [03:36:17] COULD DO A WHOLE PROJECT THERE IF PROJECT COULD BE SITED THERE WE [03:36:22] WOULD THEN GO INTO THE DESIGN PROCESS BEFORE THAT HAPPENED WE [03:36:25] WOULD GO BACK TO RESPECTIVE COUNCILS AND AMENDING MOU AND LOOK TO [03:36:32] COST SHARE ADDITIONAL DESIGN OF COSTS BEING PRESENTED TO US BY [03:36:36] TETRA TECH CITY WOULD PAY FOR FEASIBILITY PORTION AND CITY [03:36:42] UNDERSTANDS ADDITIONAL DESIGN COST FORMULA AND REDISTRIBUTE THOSE [03:36:48] IN SAME WAY THAT WE HAVE DONE PREVIOUSLY. WITH THAT PROCESS, [03:36:53] GOING INTO DESIGN, THIS IS A CEQA PROCESS. WITHIN THAT, THAT [03:36:58] REQUIRES US TO LOOK AT ALTERNATIVE SITES. ALTERNATIVE SITES ONCE [03:37:03] WE ALREADY EXPLORED IN HERMOSA BEACH. AT THAT TIME, WE WOULD [03:37:10] DETERMINE WHAT SIZE WE WOULD NEED AND UNDERSTAND WHAT SIZE OF 40 of 75 [03:37:14] PROJECT COULD BE UNDER FRANCISCA AND WHAT REMAINING PROJECT SIZE [03:37:19] WOULD NEED TO BE TO BETTER INFORM LOCATIONS IF IN HERMOSA BEACH [03:37:23] AND ONES WE HAVEN'T LOOKED AT PREVIOUSLY TO BE A SMALLER PROJECT. [03:37:28] >> I'M HEARING IT IS ITERATIVE. NOTHING WILL BE NEEDED [03:37:32] UNTIL WE HAVE A DECISION POINT SOMEWHERE IN THE PROCESS OF [03:37:35] CONSIDERING REDONDO BEACH SITE, AND WE WILL PIVOT ACCORDINGLY. [03:37:40] ALL RIGHT. THANK YOU. [03:37:41] >> ALL RIGHT. DO WE HAVE ANY -- COUNCILMEMBER DUCLOS? [03:37:45] >> THANK YOU, MADAM MAYOR. SOME CORRESPONDENCE WE [03:37:51] RECEIVED, THE ISSUE CAME UP. THE ISSUE OF CONTAMINATION THAT WAS [03:37:59] NOT SPECIFIED OR DIDN'T FEEL IT WAS SPECIFIED ENOUGH. [03:38:04] THERE WAS SUGGESTION OF REALIGNMENT OF THE STREET IN [03:38:09] FRANCISCA. DID YOU WANT TO SPEAK TO THAT? I DIDN'T SEE IT. [03:38:13] MAYBE THERE WAS AN ANSWER TO IT. [03:38:16] >> YEAH. AS I MENTIONED IN THE STAFF REPORT REGARDING [03:38:19] CONTAMINATION, IT IS SPECULATIVE BASED ON THE FACT THIS KNOWN [03:38:24] AREAS ON AAS SITE WHERE THERE HAS BEEN CONTAMINANTS OF CONCERN [03:38:29] IDENTIFIED IN THE TOP SOIL. WE WOULD WANT TO ESTABLISH THAT [03:38:32] THERE IS NO CONTAMINANTS OF CONCERN UNDERNEATH FRANCISCA STREET. [03:38:37] YOU WOULD GO IN INITIALLY AND DO SOIL BORINGS ALONG THE STREET TO [03:38:42] LOOK AT THE SOILS. THE OTHER QUESTION YOU HAD REGARDING [03:38:46] REALIGNMENT OF STREETS WHEN WE FIRST WENT AND MET WITH REDONDO [03:38:52] BEACH STAFF TO DISCUSS IS THIS POTENTIAL SITE FOR PROJECT INITIAL [03:38:57] RESPONSE TO US WAS STREET WE ARE LOOKING AT POTENTIALLY [03:39:01] REALIGNING IN DIFFERENT DIRECTION IN SUBSEQUENT DISCUSSIONS IF [03:39:05] THIS IS SOMETHING THAT MOVES FORWARD. THEY DON'T HAVE MEDIATE [03:39:09] PLANS FOR THAT. IT IS SOMETHING THEY HAD BEEN DISCUSSING. [03:39:12] IF THIS PROCEEDS THAT PROCESS, THEY COULD WORK WITH IT. [03:39:16] THEN THE OTHER CONCERN THAT CAME UP WAS THE UTILITIES. WE WOULD [03:39:20] NEED TO UNDERSTAND. WE KNOW THERE IS A LOT OF UTILITIES UNDER [03:39:24] THAT STREET, AND WE NEED TO IDENTIFY THE LOCATIONS AND IF WE [03:39:27] COULD BUILD THE PROJECT AROUND THE UTILITIES. WE KNEW THAT THERE [03:39:31] WERE A LARGE NUMBER OF UTILITIES UNDER THE GREENBELT LOCATION AND [03:39:38] THAT WAS SOMETHING THAT CAN BE BUILT AROUND. IT IS NOT A STOP [03:39:45] FOR THE PROJECT. IT MEANS YOU HAVE TO BE A LITTLE BIT MORE [03:39:49] CREATIVE WITH THE DESIGN. THEY CAN DEFINITELY BE NAVIGATED. [03:39:53] WITH THAT SAID, THEY MAY THEN RESTRICT THE SIZE OF THE PROJECT IF [03:39:57] WE HAVE TO DO SOME EXTRAORDINARY DESIGNS. POTHOLING WOULD BE [03:40:08] SECOND STEP IN FEASIBILITY AND POTHOLES ALONG THE STREET AND [03:40:14] IDENTIFY THE UTILITIES AND DEPTH OF THEM. [03:40:17] >> THANK YOU, MADAM MAYOR. [03:40:20] >> ALL RIGHT. ANY OTHER QUESTIONS? YES, COUNCILMEMBER [03:40:25] FANGARY? [03:40:26] >> THANK YOU, MADAM MAYOR. DO WE KNOW HOW MUCH MONEY WAS [03:40:30] SPENT IN EVALUATING WHETHER OR NOT THE GREENBELT WAS A VIABLE [03:40:34] OPTION BEFORE THE DESIGN FOR PROJECT ON GREENBELT WAS PUT [03:40:38] TOGETHER. 41 of 75 [03:40:39] >> YEAH. IT WAS IN THE PREVIOUS STAFF REPORT THAT IS [03:40:42] REFERENCED IN THE STAFF REPORT $232,000, APPROXIMATELY. [03:40:46] >> I THINK -- IF I UNDERSTAND THE NUMBER CORRECTLY, THAT IS [03:40:49] NOT MY QUESTION. THE QUESTION IS BEFORE, GO BACK 2015 WHEN [03:40:54] GREENBELT LOCATION WAS PROPOSED AND COUNCIL APPROVED THE RIGHT [03:40:59] LOCATION WE DID THE DESIGN. BEFORE 2015, DO WE KNOW HOW MUCH [03:41:03] MONEY WAS SPENT BY. [03:41:05] >> YES. [03:41:06] >> I THINK IT WAS [INDISCERNIBLE] AT THE TIME TO DETERMINE [03:41:08] THAT THE GREENBELT WAS A VIABLE OPTION AND GO AHEAD AND DO THE [03:41:13] DESIGN. [03:41:14] >> I CAN LOOK IT UP. I DON'T HAVE IT WITH ME. [03:41:17] >> OKAY. 230,000 WAS ACTUAL DESIGN WORK SPENT BY TETRA [03:41:22] TECH AFTER 2015. [03:41:24] >> EXACTLY. [03:41:25] >> OKAY. WE ARE NOT TRYING TO DO THAT HERE AND DECIDE [03:41:29] WHETHER OR NOT STREET IS VIABLE PROJECT FOR THE SITE AND FULLY [03:41:34] DESIGN IT. [03:41:35] >> NOT AT THIS STAGE ITERATIVE PROCESS. [03:41:37] >> RIGHT. [03:41:38] >> IF WE DETERMINE WE HAVE A PROJECT ON THAT STREET, WE [03:41:42] WOULD NEED TO LOOK AT ADDITIONAL DESIGN COSTS THERE WILL BE [03:41:46] ADDITIONAL ENGINEERING SHEETS AND DESIGN AND HOW WE COST SHARE [03:41:53] THOSE WE HAVE FINALLY BEEN TALKING ON A STAFF LEVEL. ON A STAFF [03:41:58] LEVEL THEY SUGGESTED WE CAN GO BACK TO MOU AND LOOK AT COST [03:42:03] SHARING FORMULA CURRENTLY IN MOU AND USE IT FOR ADDITIONAL DESIGN [03:42:07] COSTS. THAT IS SOMETHING WE NEED TO GO TO ALL OF THE CITY [03:42:11] COUNCILS AND DISCUSS. [03:42:15] >> OKAY. IF WE PROCEED TONIGHT WITH STAFF'S RECOMMENDATION [03:42:19] TO GET WORK DONE AND SPEND 160,000 TO DO EVALUATION AND [03:42:24] EVALUATION COMES BACK AND SAYS THIS STREET CAN WORK. THIS IS [03:42:28] WHAT YOU DO AS FAR AS UTILITIES. IT IS DOABLE. GO BACK TO [03:42:33] REDONDO BEACH. THIS IS GREAT. WE WILL START WORKING ON THE [03:42:38] PROJECT. REDONDO COMES BACK. WE CHANGED OUR MIND. WE DON'T [03:42:43] WANT TO DO IT. IT IMPACTS RESIDENTS. WHAT ASSURANCES DO WE HAVE [03:42:49] AFTER WE SPEND 160,000 TO EVALUATE STREET AND COMES BACK [03:42:54] POSITIVE? STREET CAN BE USED FOR PROJECT THAT REDONDO BEACH [03:42:59] WOULD BE AMENABLE TO IT. [03:43:01] >> I THINK BASED ON COUNCIL'S DIRECTION FROM LAST MEETING, [03:43:05] WE HAVE MOU. CURRENTLY, IT WOULD TAKE A MONTH AND A HALF OR [03:43:16] TWO MONTHS TO RUN IT THROUGH THE CITY COUNCILS. WE WOULD [03:43:20] STRAIGHT AWAY START THE PROCESS OF AMENDING MOU TO TAKE INTO [03:43:27] ACCOUNT HERMOSA BEACH WOULD BE DOING ALL OF THE PAYMENT FOR THE [03:43:32] FEASIBILITY STUDY. WE WOULD KNOW EARLY ON TOO IF WE CAN ALSO DO [03:43:38] COST SHARE ADDITIONAL DESIGN COST IF IT IS DETERMINED TO BE A [03:43:43] FEASIBLE LOCATION. THAT IS SOMETHING WE WOULD START STRAIGHT [03:43:46] AWAY THAT IS AMENDED MOU WITH RESPECTED CITY COUNCILS. 42 of 75 [03:43:52] >> HOW CAN WE PROPOSE TO AMEND MOU IF WE DON'T HAVE ANOTHER [03:43:58] PROJECT LOCATION CHOSEN? ISN'T THAT PART OF MOU? [03:44:03] >> MOU IS FOR COST SHARING PROJECT ON HERONDO DRAIN. WITH [03:44:08] THAT, WE CAN INITIATE AMENDING MOU AND IDENTIFYING THE FACT [03:44:15] HERMOSA BEACH WILL PAY FOR THE IMPACT FEASIBILITY STUDY AND [03:44:20] DESIGN COSTS FEASIBLE WOULD BE COST SHARED AMONG THE CITIES. [03:44:24] >> OKAY. THE MOU WOULD INCLUDE WE HAVEN'T DONE THE PROCESS [03:44:28] YET, BUT MOU INCLUDE A COMMITMENT TO REDONDO BEACH, FOR EXAMPLE, [03:44:34] ASSUMING WE GO THROUGH THIS PROCESS, AND WE HAVE EVIDENCE IT [03:44:37] WOULD WORK THAT THEY WOULD AGREE TO IT? [03:44:40] >> WE WOULD WANT -- ONCE IT IS DETERMINED TO BE FEASIBLE, [03:44:45] REDONDO BEACH, TO TAKE OVER THE DESIGN. IT IS IN THEIR CITY. IN [03:44:49] FOLLOWUP DISCUSSION, HERMOSA BEACH WAS RESPONSIBLE FOR [03:44:55] DETERMINING THE SITE WAS FEASIBLE OR THAT IS THE FEEDBACK WE GOT [03:45:01] FROM THE STAFF IN THE CITIES. THEY WERE HAPPY FOR US TO [03:45:05] DETERMINE IT IS FEASIBLE. ONCE THAT IS THE CASE, WE WANT REDONDO [03:45:10] TO ASSUME THE PROJECT, IT IS WITHIN THEIR JURISDICTION. [03:45:16] >> ALL RIGHT. LAST QUESTION. AS WE ARE ASKED TO FRONT [03:45:20] $160,000 TO EVALUATE. THAT IS SOMETHING WE DON'T KNOW WHETHER IT [03:45:25] WILL WORK OR NOT AND TIMING ISSUES RELATING TO COMPLIANCE AND [03:45:29] FUNDING GRANTS, ET CETERA. [03:45:31] WHAT IS STAFF'S THOUGHTS ABOUT OPTIONS OF DOING WHAT STAFF [03:45:37] IS RECOMMENDING IN STAFF REPORT OR AMENDING MOUS AND WORKING [03:45:42] THROUGH AMENDMENTS OF MOUS AND COME BACK FOR ONCE WE HAVE MOUS [03:45:47] AND SUPPORT FROM OTHER PARTNER CITIES. COME BACK NOW. EVERYBODY [03:45:52] IS ON BOARD. HERMOSA BEACH WANTS TO PAY $160,000 TO GET THE WORK [03:46:00] DONE. [03:46:01] >> WE DISCUSSED THIS ADMINISTRATIVELY REGARDING TIMING FOR [03:46:04] THAT 1 OR MONTH AND A HALF OR 2 MONTHS TO DO THAT AMENDMENT [03:46:09] BEFORE WE COULD START ON WORK ON THIS ROUTE. THEN WITH RESPECT [03:46:18] TO OTHER CITIES, THEY SIGNALLED TO US THEY WANT US TO START THE [03:46:22] FEASIBLE STUDY WITHOUT AMENDING MOU. YOU ARE ON [INDISCERNIBLE] [03:46:28] YOU MIGHT BE ABLE TO TALK TO THIS A LITTLE MORE ARTICULATELY. [03:46:32] I THINK WE WERE ALONG THE LINES OF IF WE TRY TO RETAIN GRANT [03:46:37] AND SHOW GOOD FAITH TO THE STATE WE ARE MOVING FORWARD I DON'T [03:46:41] KNOW IF ANOTHER MONTH AND A HALF OR TWO-MONTH DELAY BEFORE WE CAN [03:46:46] ESTABLISH IF FEASIBILITY OF THE SITE IS SOMETHING THAT THEY WOULD [03:46:50] BE AGREEABLE TO. I DON'T KNOW IF IT IS US SHOWING WE ARE IN GOOD [03:46:55] FAITH AND TRYING TO MOVE THIS PROJECT FORWARD MAYBE YOU CAN. [03:46:59] >> I THINK THAT CAPTURES IT ACCURATELY. IT IS -- IF WE [03:47:04] LOOKED AT REDONDO BEACH LETTER THE LETTER THE MAYOR HAD SENT IT [03:47:09] INDICATED THEIR EXPECTATION THAT HERMOSA BEACH BE PREPARED TO PAY [03:47:15] FOR THE FULL AMOUNT OF THE FEASIBILITY STUDY OF THE NEW SITE. [03:47:19] ON OUR STAFF-TO-STAFF CALL, THAT IS THE INDICATION THAT WE [03:47:25] HAVE GOTTEN FROM PUBLIC WORKS DIRECTORS FROM THE OTHER CITY. [03:47:29] THEY WOULD BE RECOMMENDING TO THEIR CITIES THAT HERMOSA BEACH PAY [03:47:33] FOR THAT. HOWEVER, AS YOU KNOW, THAT MIGHT NOT BE WHAT THE 43 of 75 [03:47:36] COUNCIL ENDS UP DECIDING. THAT IS THE PART I'M NOT CERTAIN [03:47:40] ABOUT. WE ARE ONLY SPEAKING TO STAFF. [03:47:42] >> OKAY. THEN I KNOW I SAID LAST QUESTION BUT THIS IS MY [03:47:47] REAL LAST QUESTION. THE ISSUE OF POTENTIAL ENVIRONMENTAL [03:47:53] CONTAMINATION, COUNCILMEMBER DUCLOS REFERRED TO HAS TETRA TECH [03:47:59] LOOKED AT -- TO EVALUATE WHETHER OR NOT THE EXTENT OF THE [03:48:04] CONTAMINATION ON THE -- YES. PROPERTY GOES INTO FRANCISCA STREET [03:48:08] OR NOT. HAVE WE DONE THE PRELIMINARY REVIEW OR NOT LOOKED AT IT [03:48:13] AT ALL? [03:48:14] >> YES. IT IS IN POCKETS AROUND THEIR PARCEL. THERE IS NO [03:48:18] INDICATION THAT IT WOULD BE. THE FACT IT IS THERE IS SOMETHING [03:48:21] THAT WE WOULD WANT TO LOOK AT INITIALLY. IT WOULD RULE THE SITE [03:48:26] OUT IF IT WAS DETERMINED THERE WERE CONTAMINATED SOILS ON THE [03:48:33] SIDE. [03:48:34] >> CLARIFYING INFORMATION, AAS POWER PLANT IS CONTAMINATION [03:48:38] OF IT IS ON THIRD PARCEL AND DOESN'T EXTEND BEYOND PROPERTY [03:48:43] BOUNDARIES? [03:48:44] >> FROM WHAT WE KNOW. [03:48:46] >> THANK YOU, MADAM MAYOR. [03:48:48] >> ANY QUESTIONS? SEEING NONE. I WILL OPEN THIS UP TO THE [03:48:51] PUBLIC FOR COMMENT. [03:48:53] >> NONE. [03:48:54] >> NO CARDS. EVERYONE IS SHAKING THEIR HEAD. THEY DON'T [03:48:58] WANT TO SPEAK ON THIS. I WILL BRING IT BACK UP TO THE COUNCIL [03:49:02] HERE FOR DISCUSSION. COUNCILMEMBER MASSEY? [03:49:05] >> THANK YOU, MADAM MAYOR. I FEEL STRONGLY ABOUT THIS. I [03:49:09] THINK AS AN ORGANIZATION WE HAVE TO HARMONIZE OUR MESSAGE WE ARE [03:49:15] DELIVERING TO OUR MOU PARTNERS WE WAITED A SIGNIFICANT AMOUNT OF [03:49:20] TIME BEFORE WE SENT LETTER REQUESTING TO EVALUATE FRANCISCA [03:49:25] STREET AND RESPONSE CAME SO LATE IN THE GAME IT WASN'T ABLE TO BE [03:49:28] ACCOUNTED FOR IN OUR DISCUSSION TO AMEND OR DISSOLVE THE MOU. [03:49:34] THEN WE FOLLOWED THAT UP VERY QUICKLY WITH A COMMUNICATION TO THE [03:49:38] STATE BOARD AND A COMMUNICATION TO OUR MOU PARTNERS, WHICH WERE [03:49:42] NOT EXACTLY ON THE SAME PAGE. [03:49:44] AT THIS POINT IT APPEARS AS IF STAFF OF MOU PARTNERS ARE [03:49:52] PROCEEDING IN THE DISCUSSION AS IF THEY ARE ASSIGNING [03:49:56] RESPONSIBILITY TO THE CITY OF HERMOSA BEACH FOR THE NEED TO [03:50:01] CORRECT COURSE, WHICH IS A SHARED RESPONSIBILITY OF EWHIP AND [03:50:05] OVERALL PARTNERS FOR ESTIMATING COSTS OF THIS OVERALL PROJECT. [03:50:12] I'M WILLING AS SHOW OF GOOD FAITH AND INTENT TO COLLABORATE [03:50:16] THROUGH MOU TO AGREE TO PAY FOR THE FEASIBILITY STUDY OF [03:50:21] FRANCISCA BUT ONLY AS PART OF AN AMENDED MOU. WE NEED A [03:50:25] COMMITMENT FROM OUR MOU PARTNERS THAT REDONDO BEACH, WHICH [03:50:31] CONTRIBUTES THE MAJORITY OF STORM WATER TO THE PROJECT WILL TAKE [03:50:36] OVER AS LEAD AGENCY, AND WE WILL PAY FOR ASSESSMENT OF FRANCISCA [03:50:40] STREET AND ALL THEIR COSTS WILL BE SHARED ACCORDING TO [03:50:44] COST-SHARING PROVISIONS OF MOU. THE REASON I FEEL THAT WAY IN 44 of 75 [03:50:50] ADDITION TO THE FACT THIS IS A SHARED RESPONSIBILITY AND I'M [03:50:53] WILLING TO MAKE A SHOWING OF GOOD FAITH IS THAT OUR COUNCIL [03:50:58] DIRECTION WAS CLEAR. WE WILL AMEND THE MOU OR WE WILL DISSOLVE [03:51:03] IT. [03:51:04] IF WE GO FORWARD AND COMMIT TO PAYING FOR ASSESSMENT OF [03:51:08] FRANCISCA STREET AND KEEPING CITY OF HERMOSA BEACH AS LEAD AGENCY [03:51:14] ON THIS PROJECT IF WE DETERMINE THAT FRANCISCA STREET IS NOT [03:51:18] FEASIBLE. WE HAVE NOT ADVANCED THE BALL TOWARDS AMENDING OR [03:51:22] DISSOLVING THE MOU AT ALL. WE MIGHT BE STUCK IN A SITUATION [03:51:27] WHERE FRANCISCA STREET IS FOUND AFTER WE SPENT MONEY NOT TO BE [03:51:34] FEASIBLE -- AND EACH DO THEIR OWN PROJECTS TO DO THEIR OWN STORM [03:51:38] WATER CONTRIBUTION IF. THAT IS ULTIMATELY WHAT THEY DECIDE, I'M [03:51:42] NOT WILLING TO TAKE THE RISK. I'M WILLING TO PAY FOR THE [03:51:45] FEASIBILITY OF THE STREET IN EXCHANGE FOR AMENDMENT OF MOU THAT [03:51:50] TRANSFERS LEAD -- CITY OF REDONDO BEACH SO WHETHER OR NOT [03:51:55] FRANCISCA STREET IS DEEMED TO BE FEASIBLE EVERYBODY ON MOU IS [03:52:01] CLEAR THE PATH FORWARD WILL BE THROUGH THE CITY OF REDONDO BEACH [03:52:06] EITHER TO DEVELOP PROJECT OF FRANCISCA STREET OR FIND A SUITABLE [03:52:12] ALTERNATIVE. THANK YOU, MADAM MAYOR. [03:52:16] >> ALL RIGHT. [03:52:26] >> I THINK THAT AS YOU CAN TELL FROM THE TYPE OF QUESTIONS [03:52:29] I WAS ASKING THAT IS EXACTLY MY INCLINATION. YOU KNOW, $160,000 [03:52:37] IS A SIGNIFICANT AMOUNT OF MONEY FOR THE CITY TO SPEND. I DON'T [03:52:40] SEE A CLEAR PATH OF ASSURANCE THIS WILL SOLVE THE ISSUE. IT WILL [03:52:45] GIVE US MORE INFORMATION, BUT ONCE WE GET THAT INFORMATION AND [03:52:48] EVEN IF THE INFORMATION IS POSITIVE, THERE IS NO ASSURANCES IN MY [03:52:53] MIND WHERE THE NEXT STEP IS GOING TO BE. THEY HAVE TO GO BACK TO [03:52:56] AT LEAST THREE OTHER CITIES PARTICULARLY, SPECIFICALLY REDONDO [03:53:02] BEACH FOR PRIMARY APPROVAL, AND I CAN'T IN GOOD FAI TH HAVE US [03:53:07] GOING DOWN THAT PATH AUTHORIZING THAT MONEY TO BE SPENT WITHOUT [03:53:11] ASSURANCES WHAT THE NEXT STEPS WILL BE. WE ENTERED INTO [03:53:15] ENGAGEMENT WITH MOU PARTNERS WE ARE ENGAGING WITH THEM IN [03:53:19] COMMUNICATIONS AND MEETINGS AND WHAT HAVE YOU BUT COMMUNICATION [03:53:24] REGARDING MOU AS SOON AS POSSIBLE AND GET IT GOING THROUGH WITH [03:53:28] PROCESS PRIMARILY OBVIOUSLY WITH REDONDO BEACH WE FEEL THAT WILL [03:53:32] BE MOST LIKELY CANDIDATE FOR DISCUSSION OF POTENTIAL ALTERNATE [03:53:37] LOCATION AND WITH THE OTHER TWO PARTNERS AND HAVE AN MOU [03:53:41] AMENDMENT IN PLACE OR DRAFT FOR DISCUSSION EITHER WITH [03:53:45] SUB-COMMITTEES OR WITH THE ENTIRE COUNCILS. AT THIS STAGE, I [03:53:50] JUST DON'T SEE US SPENDING $160,000 AND HOPING THINGS GO DOWN THE [03:53:55] PATH WE HOPE IT GOES DOWN. I HOPE IT DOES BUT DON'T THINK WE [03:53:59] SHOULD DO IT AT THIS STAGE UNTIL WE HAVE SOMETHING CLARIFIED. [03:54:03] LASTLY, I SHARED WITH MY COLLEAGUES BUT WILL LET EVERYBODY KNOW [03:54:08] THAT DUE TO COUNCIL MASSEY'S INTENSIVE KNOWLEDGE AND EXPERIENCE [03:54:13] WITH GROUNDWATER, I'M DECIDING TO STEP DOWN FROM THE [03:54:17] SUB-COMMITTEE INFILTRATION PROJECT AND SUGGEST HE TAKE OVER THAT [03:54:22] ROLL WITH THE SUB-COMMITTEE TO GO FORWARD. I WILL MAKE THAT 45 of 75 [03:54:26] MOTION WHEN THE TIME COMES. THANK YOU, MAYOR. [03:54:29] >> ALL RIGHT. YES. COUNCILMEMBER DUCLOS? [03:54:33] >> THANK YOU, MADAM MAYOR. AFTER HEARING COUNCILMEMBER [03:54:37] MASSEY'S SORT OF DESCRIPTION OF THE DECISION, I GUESS MY DECISION [03:54:49] WOULD DIFFER IN THE SENSE THAT I THINK WE TOOK THIS DIRECTION [03:54:56] WITH THE UNDERSTANDING THAT WE WOULD TAKE ON THE FEASIBILITY [03:55:00] STUDY. THE MOTION CARRIED BASED ON THAT INFORMATION. I THINK [03:55:05] PUTTING CONDITIONS ON THAT NOW IN TERMS OF HOW WE WILL SPEND IT [03:55:09] IS -- COULD BE A PERILOUS EXPERIMENT. WE KNEW GOING IN THIS HAS [03:55:22] A LOT OF POTENTIAL ROADBLOCKS FOR US. MY INCLINATION IS WE HAD [03:55:27] MADE A COMMITMENT TO DO THE STUDY AND PAY FOR IT. I THINK I'M IN [03:55:36] FAVOR OF GOING AHEAD AND RECOMMENDED. OBVIOUSLY, THAT DISCUSSION [03:55:40] OF HOW AND WHAT HAPPENS AFTER THAT IS MORE AN APPROPRIATE TIME. [03:55:48] TO DO IT NOW WHEN I DON'T THINK THERE IS ANY -- I DON'T NEED ANY [03:55:52] REAL STRONG COMMITMENT ON THEIR SIDE OR INTEREST ON THEIR SIDE IN [03:55:57] RELATION TO THIS PROJECT. IT IS REALLY SORT OF OUR THING. [03:56:00] SO THAT IS SORT OF MY FEELING ON IT. I'M -- I'M FINE WITH [03:56:05] THE MOTION AS OR THE RECOMMENDATION AS STATED. THANK YOU, MADAM [03:56:11] MAYOR. [03:56:12] >> ALL RIGHT. DID YOU HAVE FURTHER COMMENTS? IS THERE A [03:56:18] SCENARIO WHERE WE COULD BE THE LEAD THROUGH THE FEASIBILITY STUDY [03:56:23] AND TRANSFER RESPONSIBILITY THEREAFTER REGARDLESS OF IF THE SITE [03:56:29] IS FEASIBLE OR NOT? [03:56:33] >> WE CURRENTLY HAVE A PROFESSIONAL SERVICE AGREEMENT WITH [03:56:37] TETRA TECH. WE CAN DO THAT BASED ON THE LETTER WE RECEIVED FROM [03:56:41] MAYOR BRAND WHO GAVE US COMMISSION TO PROCEED WITH EXPLORATORY [03:56:47] STUDIES AND THEY WOULD ISSUE PERMITS AND RIGHT-OF-WAY ACCESS TO [03:56:51] THE SITE. THAT IS, I THINK, THE THOUGHTS OF THE STAFF FROM THE [03:56:55] OTHER CITIES IS THAT WE WOULD GO AHEAD AND DO SOME EXPLORATORY [03:57:00] WORK. THEN THEY WOULD FEEL MORE COMFORTABLE GOING TO THE CITY [03:57:05] COUNCILS TO AMEND MOU KNOWING THERE WAS A LITTLE MORE COMMITMENT [03:57:09] FROM THE CITY OF HERMOSA BEACH AND ALSO THERE WAS SOME [03:57:13] FEASIBILITY IN THE SITE OR THEY SUGGESTED THEY CAN LOOK AT [03:57:16] ALTERNATIVE WAYS FOR THEM TO COMPLY WITH EWHIP IF WE GO DOWN THE [03:57:22] ROUTE OF DISSOLVING MOU FOR COST SHARING. THAT IS, LIKE I SAID, [03:57:27] FROM THE SENSE THAT WE GOT. WE ONLY HAD THE STAFF-TO-STAFF [03:57:31] INTERACTIONS. I KNOW THAT YOU HAVE PROBABLY HAD INTERACTIONS [03:57:38] WITH ELECTED OFFICIALS, BUT THAT IS DIRECT FEEDBACK WE HAVE GOT [03:57:41] WE ARE ABLE TO PUT IN THE STAFF REPORT AS CERTAINTY. [03:57:45] >> WE COULD PROVIDE DIRECTION TO AMEND MOU AND KEEP US AS [03:57:50] LEAD AGENCY THROUGH FEASIBILITY STUDY. WE CAN CONTINUE TO MOVE [03:57:55] THE BALL FORWARD AS QUICKLY AS POSSIBLE AND TRANSFER [03:58:00] RESPONSIBILITY TO REDONDO BEACH AFTER THE STUDY IS COMPLETED. [03:58:04] >> YES. [03:58:05] >> OKAY. COUNCILMEMBER MASSEY, IS THAT SOMETHING YOU COULD [03:58:09] SUPPORT? [03:58:10] >> I DON'T THINK SO. I DON'T SEE WHY IT IS NECESSARY. I 46 of 75 [03:58:14] THINK THAT WE NEED TO KNOW NOW WHETHER THEY ARE WILLING TO TAKE [03:58:18] ON THE PROJECT WHETHER OR NOT FRANCISCA STREET IS VIABLE. [03:58:23] >> IT WOULD. [03:58:24] >> IT IS NOT A BIG DEAL EVEN IF THEIR LEAD AGENCY, WE FUND [03:58:29] THE ASSESSMENT. THEY CONTROL IT. IT IS NOT -- I HAVEN'T HEARD [03:58:33] ANY REASON TO BELIEVE THAT US BEING LEAD AGENCY IS THE ISSUE THEY [03:58:39] ARE MOST CONCERNED ABOUT AS OPPOSED TO US FUNDING THE ASSESSMENT. [03:58:44] FROM MY PERSPECTIVE, YOU KNOW, WHAT WE HEARD FROM THEM IS THAT IF [03:58:49] WE DON'T AGREE TO PAY FOR THE FEASIBILITY STUDY OF FRANCISCA [03:58:54] STREET, THEY WILL RECOMMEND TO THEIR COUNCILS TO DISSOLVE THE [03:58:57] MOU. THEY LAID DOWN THE GAUNTLET. I THINK THE APPROPRIATE [03:59:02] RESPONSE FROM US IS WE WILL DO THAT PROVIDED YOU ARE WILLING TO [03:59:05] AMEND THE MOU. IF YOU ARE NOT WILLING TO AMEND MOU AND DISSOLVE [03:59:11] IT, I WOULD RATHER SPEND THAT 157,000 DOLLARS WORKING OUT HOW [03:59:18] HERMOSA BEACH WILL COVER ITS PORTION. [03:59:21] >> OKAY. BACK TO CHRISTIE. WILL -- I GUESS UNDER EITHER [03:59:29] SCENARIO, IF WE AMEND THE MOU, IT WILL TAKE TIME AND HAS TO GO TO [03:59:34] EACH OF THE CITY COUNCILS REGARDLESS. ALL RIGHT. OKAY. DO WE [03:59:39] HAVE A MOTION? [03:59:40] >> YES, MADAM MAYOR. I'M HAPPY TO MAKE A MOTION. I MOVE [03:59:45] THAT WE DIRECT STAFF AND THE MAYOR AS APPROPRIATE TO REVISE THE [03:59:51] PROPOSED AMENDED MOU WE PREVIOUSLY PROVIDED TO OUR MOU PARTNERS [03:59:58] TO PROVIDE THAT THE CITY OF HERMOSA BEACH WILL PAY FOR THE CITY [04:00:03] OF THE FEASIBILITY OF FRANCISCA STREET AS A LOCATION FOR WHAT HAS [04:00:08] BEEN TERMED THE HERONDO INFILTRATION PROJECT IN PROPOSED AMENDED [04:00:14] MOU AND THE REST OF THE PROVISIONS OF PROPOSED REVISION OF THE [04:00:21] MOU WILL STAY THE SAME AND LETTER ACCOMPANYING PROPOSED REVISED [04:00:26] AMENDED MOU INDICATE TO MOU PARTNERS THAT WE ARE WILLING TO PAY [04:00:34] FOR THE STUDY OF THE FEASIBILITY OF FRANCISCA STREET AS PART OF [04:00:39] THE AMENDED MOU WE ARE PROPOSING TO THEM, WHICH TRANSFERS LEAD [04:00:44] AGENCY STATUS TO THE CITY OF REDONDO BEACH. [04:00:48] >> I WILL SECOND THAT. [04:00:50] >> CAN I ASK FOR A FRIENDLY AMENDMENT OR CLARIFICATION THAT [04:00:53] WE STATE AN AMOUNT NOT TO EXCEED THE 157,7 19? [04:01:00] >> THAT IS ACCEPTED, YES. [04:01:02] >> ACCEPTED. [04:01:03] >> ALL RIGHT. ANYMORE DISCUSSION? [04:01:05] >> YES, MADAM MAYOR. [04:01:07] >> COUNCILMEMBER FANGARY? [04:01:09] >> QUESTION TO STAFF, THE 157,000 NUMBER THAT CHRISTIE, IF [04:01:14] I UNDERSTAND THE PROPOSAL I REVIEWED WAS PART OF A SCOPE OF WORK [04:01:19] ASSUMING WE ARE PROCEEDING TO DO THE WORK ON THE STREET; RIGHT? [04:01:22] IS THERE A SMALLER SCALE OF WORK TETRA TECH CAN DO TO DETERMINE [04:01:31] IT CAN BE DONE ON THE STREET SHORT OF FINISHING UP THE PROCESS OF [04:01:36] ALMOST DESIGNING IT THERE? SEEMS LIKE A HIGHER NUMBER FOR ME TO [04:01:40] SAY WHETHER OR NOT CAN YOU PHYSICALLY DO IT ON THE STREET OR NOT [04:01:43] SEEMS IT IS ALMOST DOING A BIG PORTION OF THE DESIGN FOR PROJECT 47 of 75 [04:01:48] UNDER $160,000. [04:01:50] >> IN THE SCOPE OF WORK PROVIDED IN THE ATTACHED STAFF [04:01:55] REPORT 157,000 DOLLARS IS SUM OF ACTUAL SITE INVESTIGATION THAT [04:02:01] IS ABOUT 99,000, WHICH I NEED TO CONFIRM WITH TETRA TECH. THE [04:02:09] CITY OF REDONDO BEACH ASKED FOR ADDITIONAL POTHOLING OF THE [04:02:15] UTILITIES $57,000 WAS ACTUALLY PREPARING THE FEASIBILITY REPORT [04:02:23] THAT WE PREVIOUSLY CALLED THE PRELIMINARY DESIGN REPORT FOR THE [04:02:28] GREENBELT PROJECT. IT IS THE SAME REPORT THAT WOULD LEAD INTO [04:02:31] THE CEQA AND DESIGN PROCESS. TO ANSWER YOUR QUESTION, THAT CAN [04:02:35] BE BROKEN DOWN INTO $100,000 OF SIDE INVESTIGATION TO BE BROKEN [04:02:44] DOWN INTO SPECIFICS IN TERMS OF TYPES OF STUDIES WHETHER [04:02:47] GEOTECHNICAL AND POTHOLING AND SOIL BORINGS. WE COULD GET EVEN [04:02:53] MORE SPECIFIC AND YOU KNOW JUST INITIALLY START WITH THE TWO [04:03:01] STUDIES THAT WOULD IDENTIFY RIGHT AWAY WITH CONSTRAINTS OF SITES [04:03:07] THAT WE PREVIOUSLY IDENTIFIED. [04:03:09] >> THANK YOU. TO FOLLOW UP ON THE FRIENDLY AMENDMENT OUR [04:03:14] PREFERENCE, I THINK WOULD BE TO LIMIT THE WORK WE ARE ASKING [04:03:17] TETRA TECH TO DO AND HERMOSA BEACH'S COMMITMENT TO FUND THE WORK [04:03:23] TO THE EXTENT WHETHER OR NOT THE PROJECT CAN BE SITED ON THAT [04:03:27] STREET OR NOT AND NOT GO INTO SPECIFIC DESIGN PARAMETERS OF THE [04:03:32] PROJECT, WHICH THOSE SHOULD BE PART OF THE MOU COST -- SHARING [04:03:36] PART. I AGREE WITH NOT TO EXCEED AMOUNT, BUT IT ALSO SHOULD BE [04:03:41] PROVIDED WITH DIALOGUE OF TETRA TECH OVERLOOKING TO TELL US WHAT [04:03:46] TO DO. THE PROJECT CAN BE DONE ON THE STREET OR NOT AND DON'T DO [04:03:50] ANY OTHER POTENTIALLY IN THE FUTURE HELP DESIGN FEATURES. THIS [04:03:55] WOULD WORK AS FAR AS GEOLOGY AND CONTAMINATION AND DEPTH OF [04:04:00] GROUNDWATER AND THINGS THEY NEED TO DO. I'M HOPING THAT NUMBER [04:04:03] SHOULD BE LESS THAN 157,000. WE SHOULD DEFINITELY MAX IT. [04:04:11] >> OKAY. COUNCILMEMBER DUCLOS? [04:04:14] >> YES. FOR STAFF TO BE CLEAR ON THIS. IN TERMS OF [04:04:18] COMMUNICATION WITH THE STATE BOARD REGARDING OUR GRANT, AND THAT [04:04:25] CONVERSATION WAS WE WERE GOING TO EXPLORE DOING THE FEASIBILITY [04:04:30] STUDY. IT WASN'T SPECIFIED IN THERE WE WOULD BE DOING A [04:04:34] FEASIBILITY STUDY. [04:04:35] >> THAT IS CORRECT. [04:04:37] >> THEIR APPROVAL TO ALLOW US TO CONTINUE WITH THAT MONEY [04:04:43] WAS BASED ON THAT ASSUMPTION. CORRECT? [04:04:45] >> THAT'S CORRECT. I HAVE A REAL PROBLEM OF ADDING A [04:04:49] PRECONDITION. TO DOING WHAT WE SAID WE WERE GOING TO DO NOT [04:04:56] KNOWING THE INCLINATION OF REDONDO BEACH OR OTHER PARTNERS IN [04:05:02] RELATION TO THAT. IF THEY SAY NO, DO THIS CONDITION THAT WE [04:05:08] PLACED ON HERE, THIS WHOLE THING FALLS APART COMPLETELY. WE WILL [04:05:13] LOSE THAT GRANT VERY LIKELY. DO YOU AGREE OR NOT AGREE? [04:05:18] >> MARY OMADA HAD DISCUSSIONS WITH DEPUTY DIRECTOR AND [04:05:25] [INDISCERNIBLE] OF FINANCIAL ASSISTANCE TO LET HER KNOW MOVING [04:05:29] FORWARD AS QUICKLY AS WE CAN IN GOOD FAITH. THEY ARE [04:05:33] CONVERSATIONS I HAVEN'T HAD. I DON'T KNOW TEMPERATURE FOR 48 of 75 [04:05:37] TELLING THEM THAT WE ARE GOING TO GO AHEAD AND, YOU KNOW, SPEND [04:05:40] ANOTHER MONTH AND A HALF TO TWO MONTHS TO TRY TO SEE IF THE OTHER [04:05:44] CITIES WILL AMEND THE MOU. I CAN'T ANSWER THAT QUESTION. I [04:05:50] DIDN'T HAVE THE CONVERSATIONS. WE WOULD NEED TO GO BACK TO THE [04:05:54] STATE AS SOON AS POSSIBLE AND SAY WE WILL BE A LITTLE LONGER IN [04:05:59] GETTING EVERYONE ON BOARD BY AMENDING MOU IN HOPING THAT THEY [04:06:03] WILL BE LOOKING FORWARD TO WHAT THE SUCCESS OF THE PROJECT IS AND [04:06:08] THEY WILL SUPPORT THAT DECISION. I DON'T KNOW AT THIS TIME. I [04:06:11] HAVEN'T HAD THESE CONVERSATIONS. [04:06:14] >> SO, MADAM MAYOR, I'M NOT COMFORTABLE WITH THE MOTION. I [04:06:19] WILL NOT SUPPORT IT AS SUGGESTED. SEEMS TO ME THAT WE SORT OF [04:06:29] PUT OURSELVES IN THIS SITUATION HERE. WE HAVE SO MANY BARRIERS [04:06:39] TO OVERCOME HERE TO GET WHERE WE WANT TO GO. WE ARE AT RISK OF [04:06:44] LOSING THE $3.5 MILLION GRANT THAT COULD GO AWAY TOMORROW. A [04:06:50] NUMBER OF PEOPLE WOULD LOVE TO HAVE IT, I'M SURE. WE WOULD START [04:06:55] FROM SQUARE 1. I DON'T UNDERSTAND IT. UNTIL I CAN GET SOME [04:07:01] COMPREHENSION WHY THAT IS A -- I SAY THAT KNOWING COUNCILMEMBER [04:07:09] MASSEY IS A SKILLED NEGOTIATOR. I REALLY RESPECT THAT, BUT I [04:07:13] DON'T UNDERSTAND WHY WE ARE ADDING ADDITIONAL CONDITIONS TO THIS. [04:07:17] IT DOESN'T MAKE SENSE TO ME, AND IT IS VERY RISKY. I WON'T [04:07:21] SUPPORT IT. THANK YOU, MADAM MAYOR. [04:07:24] >> COUNCILMEMBER MASSEY? [04:07:25] >> THANK YOU. COUNCILMEMBER DUCLOS RAISES A LEGITIMATE [04:07:30] QUESTION. I HAVE TWO RESPONSES. WE HAVE TO BE CONSISTENT IN [04:07:34] MESSAGING WE ARE SENDING OUT. WHAT WE ARE DOING WITH THE [04:07:38] DECISION THAT IS BEFORE US RIGHT NOW IS DOING THAT LETTER WE SENT [04:07:41] TO THE STATE RIGHT AFTER LAST MEETING AT WHICH WE DIRECTED WE [04:07:48] WOULD AMEND OR DISSOLVE MOU IS NOT WE WOULD DISSOLVE OR AMEND [04:07:54] MOU, BUT WE SIMPLY WILL TAKE REDONDO'S -- WITHOUT AMENDING OR [04:08:02] DISSOLVING MOU. THAT WAS NOT CONSISTENT WITH COUNCIL DIRECTION. [04:08:07] WE NEED TO GOING FORWARD AND SEND A CONSISTENT MESSAGE WITH [04:08:12] RESPECT TO WHAT THE STATE BOARD EXPECTS. AS LONG AS WE HAVE A [04:08:17] PATH AND ARE MOVING FORWARD IN GOOD FAITH IS WHAT THE STATE BOARD [04:08:20] IS LOOKING FOR AS FAR AS I CAN UNDERSTAND IT. AND PROPOSAL IN [04:08:27] THE MOTION SETS OUT A PATH THAT GETS US CLEARLY TO THE KEY [04:08:32] DECISION POINTS WHERE WE DECIDE WHETHER OR NOT WE WILL PROCEED AS [04:08:36] A GROUP OF MOU PARTIES OR PROCEED SEPARATELY. GOING FORWARD, [04:08:42] COMMITTING TO -- POTENTIALLY FINDING OUT SIX OR HOWEVER MANY [04:08:48] MONTHS DOWN THE ROAD FRANCISCA STREET IS NOT VIABLE AND NOT [04:08:53] HAVING A PATH FORWARD AND COMING BACK HERE AND HAVING SAME [04:08:57] DISCUSSION AGAIN WHAT SHOULD WE DO AMEND OR DISSOLVE THE MOU? [04:09:01] THAT IS A QUESTION WE HAVE TO ANSWER NOW. [04:09:04] >> WHY NOT LOOK TO THE CITY ATTORNEY WHO HOPEFULLY QUICKLY [04:09:08] GOT UP TO SPEED. THANK YOU FOR STEPPING IN A MUCH YOUNGER [04:09:13] VERSION OF MIKE. NO. [04:09:15] >> WE USUALLY GET OLDER DURING THE MEETINGS. [04:09:19] >> WOULD IT BE YOUR RECOMMENDATION TO TAKE THE PATH THAT 49 of 75 [04:09:24] COUNCILMEMBER MASSEY IS SUGGESTING TO AGO AHEAD AND AMEND MOU AND [04:09:31] OFFER THAT WELL WE RECEIVED LEGAL ADVICE? WE HAVE TO AMEND MOU [04:09:36] BEFORE WE GO AHEAD AND PAY FOR THE FEASIBILITY STUDY ON [04:09:41] FRANCISCA. [04:09:43] >> I MEAN, THAT IS ONE OPTION. I MUST ADMIT I'M DEFINITELY [04:09:49] PINCH HITTING HERE. I REVIEWED THE MOU BRIEFLY. RIGHT NOW, IT [04:09:53] PROVIDES DECENT AMENDMENT LANGUAGE THAT IS DEFINITELY AN OPTION [04:10:01] THAT WE COULD EXPLORE WITH COUNCIL DIRECTION. [04:10:04] >> OKAY. ALL RIGHT. WELL, I AGREE WITH COUNCILMEMBER [04:10:12] MASSEY. I THINK WE ARE GOING TO BE -- I WILL SAY THE LANGUAGE IN [04:10:16] THE LETTER TO OUR PARTNERS WAS A LOT MORE SPECIFIC THAN THE [04:10:22] LETTER TO THE STATE WATER BOARD. WE NEEDED TO GIVE HER QUICK [04:10:27] REASSURANCE. OBVIOUSLY, WE ARE TAKING A PATH FORWARD, AND WE [04:10:31] DIDN'T GET INTO THE SAME LEVEL OF DETAIL WE DID WITH OUR [04:10:35] PARTNERS. MY GOODNESS. CITY MANAGER AND CITY ATTORNEY WERE [04:10:39] WORKING REALLY HARD ON THOSE LETTERS AND TRYING TO GET THEM OUT [04:10:43] AS QUICKLY AS POSSIBLE. I'M VERY HAPPY TO CONTINUE THE DIALOGUE [04:10:47] WITH LESLIE LONDON AND THE STATE WATER BOARD AND LET HER KNOW WE [04:10:54] ARE TRYING TO TAKE A PRUDENT STEP FORWARD SO WE DON'T COME BACK. [04:10:59] AND WE WILL BE AT SQUARE 1, POTENTIALLY, IF THIS SITE IS NOT [04:11:05] FEASIBLE. WHAT SHE EXPRESSED TO ME IS THEY DON'T WANT THE GRANT [04:11:09] MONEY BACK. THEY WANT TO BE ABLE TO PUT IT TOWARDS THIS PROJECT [04:11:12] OR A PROJECT THAT WE CAN USE FOR THE REDONDO STORM DRAIN. I [04:11:22] THINK IF WE KEEP IN COMMUNICATION AND SHOW THE DUE DILIGENCE IN [04:11:26] MAKING THE EFFORT THIS ADVANCES IT THAT. I AM HOPEFUL SHE WILL [04:11:33] STAY OPTIMISTIC. ALL RIGHT. YEAH? [04:11:37] >> I WANT TO ADD, I THINK, THANK YOU FOR THE COMMENTS. [04:11:41] THAT IS ONE OF MY QUESTIONS YOU HAD TALKED OR COMMUNICATED WITH [04:11:45] HER. I THINK THE EXTRA DEFINITION IS REALLY IMPORTANT. I THINK, [04:11:49] TO YOUR POINT, AND IN WHAT YOU JUST RELAYED, THERE IS A HIGH [04:11:54] MOTIVATION TO WORK TOGETHER TO MAKE SURE IT IS IMPORTANT IT BE [04:11:58] NAILED DOWN DIRECTLY, SO WE ARE ALL VERY, VERY CLEAR ABOUT WHAT [04:12:02] HAPPENS NEXT. I CONTINUE TO SUPPORT THE MOTION. [04:12:05] >> WE HAVE A MOTION AND A SECOND. SOUNDS LIKE WE ARE [04:12:08] TAKING A SEPARATE MOTION ON THE SUB-COMMITTEE ITEM? OKAY. [04:12:13] >> MADAM MAYOR? [04:12:15] >> YES. [04:12:16] >> CAN WE HAVE THE MOTION REPEATED? IS THAT POSSIBLE? [04:12:18] >> YES. COUNCILMEMBER MASSEY, GO AHEAD AND -- [04:12:23] >> WE DO HAVE CLOSED CAPTIONING. I CAN PULL IT UP. [04:12:28] >> I WOULD PREFER NOT TO CLUTTER THE RECORD BY REPEATING [04:12:32] IT. IT WAS A LITTLE BIT LENGTHY, BUT IF YOU HAVE ANY COMMENTS OR [04:12:37] QUESTIONS, I'M HAPPY TO ENGAGE. [04:12:42] >> SO -- [04:12:43] >> THE CLERK CAN READ IT BACK. THAT IS NOT A BAD IDEA. [04:12:47] >> MADAM CLERK, YOU WANT TO READ IT BACK TO US? [04:12:51] >> I CAN READ YOU WHAT I HAVE. 50 of 75 [04:12:54] >> THERE WE GO. [04:12:55] >> TO DIRECT STAFF AND THE MAYOR TO REVISE THE PROPOSED [04:13:03] AMENDED MOU TO PROVIDE THAT THE CITY OF HERMOSA BEACH WILL PAY [04:13:08] FOR THE FEASIBILITY STUDY AND THAT THE REST OF THE PROVISIONS OF [04:13:18] THE MOU WILL REMAIN THE SAME AND THAT THE LETTER SAY THAT WE ARE [04:13:23] WILLING TO PAY FOR THE FEASIBILITY STUDY AND THAT THE CITY OF [04:13:32] REDONDO BEACH WILL ASSUME LEADERSHIP. I'M KIND OF MUDDLED AT [04:13:39] THIS POINT. [04:13:40] >> WE ARE WILLING TO PAY FOR THE FEASIBILITY STUDY WE ARE [04:13:47] DESIGNATED MOU THAT -- FEASIBILITY OF THE PROJECT. [04:13:53] >> FOR A COST NOT TO EXCEED THE MONEY THAT WAS PART OF THE [04:13:57] FRIENDLY AMENDMENT. [04:13:59] >> RIGHT. [04:14:00] >> CORRECT. [04:14:01] >> ALL RIGHT. ARE WE GOOD? ALL THOSE IN FAVOR? [04:14:06] >> AYE. [04:14:07] >> OPPOSED? [04:14:08] >> NO. [04:14:09] >> ALL RIGHT. WE HAVE A SECOND PART TO THAT? [04:14:13] >> YES, MADAM MAYOR, IF I MAY. [04:14:16] >> GO AHEAD. [04:14:21] >> MY SCREEN HAS TO. [04:14:23] >> FROZEN. [04:14:24] >> YEAH. I'M GOOD. MADAM MAYOR, I WILL RECOMMEND THAT THE [04:14:28] STAFF, THAT THE CITY COUNCIL APPOINT AN INFILTRATION PROJECT [04:14:34] COUNCIL SUB-COMMITTEE COMPRISED OF THE MAYOR AND COUNCILMEMBER [04:14:41] MASSEY TO WORK WITH STAFF GOING FORWARD TO ADDRESS UPCOMING [04:14:48] ISSUES AND NEGOTIATIONS WITH THE MOU PARTNERS AND TO RETURN TO [04:14:53] COUNCIL AS NEEDED FOR FURTHER COUNCIL DIRECTION AND [04:14:58] AUTHORIZATION. [04:14:59] >> ALL RIGHT. DO WE HAVE A SECOND? [04:15:01] >> SECOND. [04:15:02] >> ALL THOSE IN FAVOR? [04:15:04] >> AYE. [04:15:05] >> OPPOSED? NONE. ALL RIGHT. MADAM CLERK? [04:15:12] >> ITEM 6A, NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC [04:15:18] MANAGEMENT PLAN DRAFT SCOPE OF WORK. [04:15:21] >> MADAM MAYOR, BEFORE WE GO ON, I WOULD LIKE TO MAKE A [04:15:25] MOTION THAT WE CONTINUE THE MEETING UNTIL 11:30. [04:15:30] >> DO WE HAVE A SECOND? [04:15:31] >> SECOND. [04:15:32] >> ALL THOSE IN FAVOR? [04:15:34] >> AYE. [04:15:35] >> AYE. [04:15:37] >> SORRY, MADAM CLERK. [04:15:39] >> THAT IS OKAY. [04:15:40] >> THE REPORT IS FROM OUR CITY MANAGER. THERE IS SIX -- 51 of 75 [04:15:46] EXCUSE ME. ONE SUPPLEMENTAL LETTER RECEIVED FROM SCOTT DAVEY [04:15:52] YESTERDAY. [04:15:53] >> THANK YOU, MADAM CLERK AND MADAM MAYOR AND COUNCIL [04:15:57] MEMBERS. I WANTED TO PROVIDE A BRIEF INTRODUCTION TO THIS ITEM [04:16:02] WE HAVE SINCE TIME THAT YOUR BODY AS WELL AS THE SCHOOL BOARD [04:16:06] SIGNED THE MOU. WE HAVE BEEN WORKING DILIGENTLY WITH THE SCHOOL [04:16:11] DISTRICT STAFF TO DRAFT A SCOPE OF WORK THAT WOULD BE ALIGNED [04:16:16] WITH WHAT BOTH ENTITIES WOULD BE IN SUPPORT OF TO START THE WORK [04:16:23] ON THE TRAFFIC MANAGEMENT PLAN. WE ARE BRINGING FORWARD TO YOU [04:16:26] THE LANGUAGE FOR THE DRAFT SCOPE OF WORK. TOMORROW, UPON YOUR [04:16:31] APPROVAL, THE SCHOOL BOARD WILL ALSO BE CONSIDERING THE SAME ITEM [04:16:36] WHICH WOULD BE AT THEIR MEETING TOMORROW. IT IS A SHORT [04:16:45] TURNAROUND. WE WANT TO DO AN AGGRESSIVE TIMELINE THAT ADDRESSES [04:16:50] MOU DESIGNED FOR THE SCHOOL DISTRICT. LEANNE ANDERSON, I WOULD [04:16:57] LIKE TO PROVIDE A BRIEF PRESENTATION. [04:17:00] >> GOOD EVENING. [04:17:01] >> GOOD EVENING. [04:17:02] >> BEFORE COUNCIL FOR CONSIDERATION THIS EVENING IS A [04:17:04] RECOMMENDATION TO PROVIDE INPUT ON SCOPE OF WORK FOR DEVELOPMENT [04:17:08] OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR NORTH SCHOOL AND [04:17:12] DIRECT STAFF TO ISSUE REQUEST FOR PROPOSALS FOR DEVELOPMENT OF [04:17:16] TRAFFIC MANAGEMENT PLAN BASED ON SCOPE OF WORK WITH YOUR INPUT [04:17:20] AND SCHOOL BOARD'S INTO AND TERMS IDENTIFIED IN MEMORANDUM OF [04:17:26] UNDERSTANDING. THE SCHOOL BOARD SIGNED IT -- TO WORK TOGETHER [04:17:33] COLLABORATIVELY TO SAFELY MANAGE TRANSPORTATION TRAFFIC AND [04:17:38] STUDENT LOADING AND UNLOADING ACTIVITIES AT NORTH SCHOOL. [04:17:42] FULFILLING ACCOMPLISHMENTS OF MOU -- AND MOU DESCRIBES PROCESS [04:17:50] FOR CITY OF SCHOOL DISTRICT MUTUALLY AGREE UPON SCOPE OF WORK FOR [04:17:56] REQUEST FOR PROPOSALS TO HIRE TRAFFIC ENGINEER TRANSPORTATION [04:18:01] PARTY OWNER AND THIRD EXPERTISE TO MANAGE PREPARATION OF THE [04:18:06] PLAN. WE WILL BE AS OUR CITY MANAGER MENTIONED BEFORE BY THE [04:18:14] SCHOOL BOARD TOMORROW EVENING. BASED ON TERMS OF MOU STAFF AND [04:18:18] CITY OF SCHOOL DISTRICT HAVE PREPARED SCOPE OF WORK AND IS [04:18:22] SEEKING FEEDBACK FROM THE TWO BODIES PRIOR TO RELEASING RFP. -- [04:18:34] SO WE ARE ALL ON THE SAME PAGE ABOUT THE TASKS AND CONCEPTS OF [04:18:40] WHAT IS IT WE ARE STUDYING? WITHIN THE SCOPE OF WORK, WE [04:18:43] IDENTIFIED PROJECT GOALS AND STUDY AREA BOUNDARY, WHICH WAS [04:18:48] ESSENTIALLY ESTABLISHED THROUGH MOU THAT WOULD BE LOOKING AT SAME [04:18:54] STUDY AREA AS WAS STUDIED NEXT IR. WE HAVE DRAWN BOX AROUND THAT [04:19:00] AREA TO ENSURE WE ARE NOT EXPANDING SCOPE OF WORK TO BE LOOKED AT [04:19:08] TO GET TOO FAR AWAY FROM NORTH SCHOOL AREA. PROJECT OR SCOPE OF [04:19:13] WORK INCLUDES RELEVANT PLANS POLICIES PROGRAMS OR PROJECTS, WHICH [04:19:18] IS INTENDED TO HELP INFORM PROPOSERS DEVELOPMENT OF APPROACH AND [04:19:23] BUDGET AND SCHEDULE SO THEY ARE NOT DUPLICATING WORK THAT HAS [04:19:29] BEEN DONE. OUR DATA THAT HAS BEEN COLLECTED, THEY HAVE A GOOD [04:19:33] BASE LEVEL OF UNDERSTANDING AS THEY WORK ON RESPONDING TO [04:19:36] REQUESTS OF PROPOSALS PROPOSAL SCOPE OF WORK IDENTIFIES SEVEN 52 of 75 [04:19:42] TASKS FOR DEVELOPMENT OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN [04:19:46] PROJECT MANAGEMENT AND ADMINISTRATION. THIS PROJECT WILL BE [04:19:50] JOINTLY MANAGED AND ADMINISTRATED BY BOTH CITY AND SCHOOL [04:19:54] DISTRICT. RATHER THAN HAVING LEAD AGENCY, WE WILL JOINTLY ISSUE [04:19:59] RFP AND INTERVIEWING AND JOINTLY SELECTING THAT TASK THERE IS [04:20:05] MAKING SURE WE ARE ON THE SAME PAGE ABOUT HOW THE PROCESS MOVES [04:20:10] FORWARD, COMMUNITY ENGAGEMENT AND CORE COMPONENTS OF THIS TERMS [04:20:15] OF COMMUNITY ENGAGEMENT LISTED OUT OF MOU AND PERFORM STAKEHOLDER [04:20:21] GROUP PART OF THIS PROCESS AND CONDUCT COMMUNITY MEETING PART OF [04:20:27] THE PROCESS THAT IS LISTED IN SCOPE OF WORK AND DATA COLLECTION [04:20:31] AND ANALYSIS IS INTENDED TO HAVE PROPOSERS LOOK AT ALL OF THE [04:20:35] DATA THAT HAS ALREADY BEEN COLLECTED AND IDENTIFY OTHER AREAS [04:20:39] THAT DATA NEEDS TO BE COLLECTED EVALUATED ANALYZED SO THAT THEY [04:20:44] CAN PROVIDE RECOMMENDATIONS ON MEASURES TO HELP IMPROVE TRAFFIC [04:20:49] FLOW AND CIRCULATION WITHIN NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN [04:20:54] AND THEY HAVE TO, OF COURSE, DEVELOP THAT PLAN AND BRING IT [04:20:58] BEFORE THE BOARD AND CITY COUNCIL FOR REVIEW AND APPROVAL. AND [04:21:02] THE LAST TASK WE IDENTIFIED HERE IS DEVELOPMENT OF PEDESTRIAN [04:21:07] SCHOOL ROUTE PLAN AND RECOMMENDED VEHICLE TRAVEL ROUTES MAP AND [04:21:12] TRANSPORTATION MANAGEMENT PROGRAM THAT ARE ESSENTIALLY SUBSETS OF [04:21:17] THE -- WE BELIEVE MUCH OF WHAT NEIGHBORHOOD TRAFFIC MANAGEMENT [04:21:22] PLAN WILL IDENTIFY AND BUILD THE BASE FOR THE PLANS TO BE [04:21:26] DEVELOPED. WE ADDED THAT TASK TO BE COMPLETED AS NEIGHBORHOOD [04:21:30] TRAFFIC MANAGEMENT PLAN IS TO BE DEVELOPED. FINALLY WITH WORK TO [04:21:35] BE PERFORMED AND PROVIDED BY SCHOOL DISTRICT. THIS IS SOMETHING [04:21:39] WE WANT TO RECOGNIZE RESOURCE CONSTRAINTS FROM STAFF AND BOTH [04:21:44] CITY AND SCHOOL DISTRICT AND MAKE IT CLEAR WHAT THE TWO AGENCIES [04:21:48] ARE EXPECTED TO PROVIDE IN TERMS OF WORK ON THIS PROJECT SO THAT [04:21:52] PROPOSERS KNOW THAT THEY EITHER NEED TO IDENTIFY THOSE AS [04:21:57] ADDITIONAL RESOURCES THAT THEY WILL PROVIDE AND EXPECTATIONS ARE [04:22:01] CLEAR IN TERMS OF STAFF INVOLVEMENT FROM BOTH CITY AND SCHOOL [04:22:05] DISTRICT. WITH THAT, I'M HAPPY TO ANSWER QUESTIONS OR PROVIDE [04:22:09] ANY ADDITIONAL DETAIL ON COMPONENTS PROVIDED IN ATTACHMENTS. [04:22:15] >> THANK YOU, LEANNE. LOOKING TO COLLEAGUES FOR QUESTIONS [04:22:19] YOU MAY HAVE. COUNCILMEMBER MASSEY? [04:22:22] >> THANK YOU, MADAM MAYOR. LEANNE FRIEND SCOTT DAVEY GAVE [04:22:29] COMMENTS. WE DISCUSSED THEM WITH YOU PRIOR TO THE MEETING TO GET [04:22:32] A SENSE FOR BENEFIT OF THE PUBLIC ABOUT HOW AND TO WHAT EXTENT, [04:22:37] IF AT ALL, YOU BELIEVE THE COMMENTS CAN BE OR SHOULD BE [04:22:42] INCORPORATED INTO THE DOCUMENT. [04:22:46] >> IN MY STACK OF PAPERS FOR THE NEXT ITEM, WHICH, I THINK, [04:22:54] THOSE NOTES GOT ADDED INTO. SO SCOTT PROVIDED COMMENTS RELATED [04:23:07] TO CONSISTENCY WITH GENERAL PLAN. AND FROM OUR PERSPECTIVE WE [04:23:16] BELIEVE DEVELOPMENT OF NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN IS [04:23:19] EFFORT TO MINIMIZE BURDEN ON ADJACENT NEIGHBORHOODS AND ONLY [04:23:25] SOLUTION TO MINIMIZING IMPACT IS NOT ON THE ONSIGHT. WE ARE [04:23:29] OBLIGATED YOU KNOW TO RELY ON TENANTS OF MOU THAT WERE AGREED TO 53 of 75 [04:23:35] BY BOTH PARTIES. SOME SUGGESTIONS SCOTT PROVIDED WERE REFERRING [04:23:40] TO ONSITE LOADING AND UNLOADING THAT WE FELT MIGHT NOT BE [04:23:46] PRESENTED IN TERMS OF IF WE ADD THAT INTO THE SCOPE OF WORK WOULD [04:23:51] NOT BE RECEIVED WELL FROM THE SCHOOL DISTRICT GIVEN TERMS OF MOU [04:23:55] WE HAVE SET UP AND SAME WITH THE STUDY AREA. AREAS, AS I [04:23:59] MENTIONED, AREAS WITHIN THE BOUNDARIES OF PROJECT STUDY AREA EVEN [04:24:04] IF TRAFFIC COUNTS WEREN'T STUDIED AT LOCATIONS THROUGH SCHOOL [04:24:09] DISTRICTS EIR WE CAN PRESENT SOLUTIONS AND IDENTIFY ADDITIONAL [04:24:14] ANALYSIS AS PART OF THE PROCESS. [04:24:16] FOR AREAS LIKE HERMOSA AVENUE THAT ARE OUTSIDE OF WHAT WAS [04:24:21] STUDIED AS PART OF EIR SINCE THAT IS WHAT WE AGREED TO WITH MOU [04:24:27] WE DIDN'T FEEL THAT WAS APPROPRIATED TO INCORPORATE INTO THE [04:24:31] PROJECT STUDY AREA. [04:24:32] IN TERMS OF THE STAKEHOLDER GROUP, SO WE -- WE ARE STILL [04:24:39] WORKING THROUGH THE EXACT NUMBER OF PEOPLE THAT WOULD BE INVOLVED [04:24:44] IN THE STAKEHOLDER GROUP AND PROCESS OF HAVING BOTH PARTIES [04:24:49] IDENTIFY MEMBERS TO BE INVOLVED IN THAT GROUP WE REALLY WANT THEM [04:24:52] TO SERVE AS A SOUNDING BOARD ON AREAS OF CONCERN ON HELPING TO [04:24:57] PROPOSE RECOMMENDATIONS AND PRIORITIZE THE PRIORITIZATION TO HELP [04:25:04] CONSULTANTS THAT ARE HIRED TO COMPLETE THE WORK. AT THE SAME [04:25:09] TIME, WE ALSO FEEL THAT IT IS IMPORTANT THAT IN ORDER TO SET UP [04:25:14] WHOEVER WE HIRE FOR SUCCESS, WE CAN'T THROW THEM INTO THE FIRE [04:25:18] IMMEDIATELY. WE NEED TO GIVE THEM A LITTLE TIME TO UNDERSTAND [04:25:21] THE CONDITIONS FROM -- WITHOUT A TON OF OUTSIDE INFLUENCE THEY [04:25:27] CAN STUDY THROUGH DOCUMENTS AVAILABLE AND DO SOME OF THEIR OWN [04:25:32] SITE WORK AND HAVE SOME PERSPECTIVES SO THEY ARE EQUIPPED WHEN WE [04:25:37] BRING THE STAKEHOLDER TOGETHER TO HAVE A DISCUSSION THAT THEY CAN [04:25:41] EFFECTIVELY FACILITATE. [04:25:43] >> NOT TO INTERRUPT YOU. I WANT TO BUILD OFF OF THAT. HE [04:25:47] MENTIONED IN LETTER ABOUT A GREAT EXAMPLE OF A COMMUNITY GROUP [04:25:51] THAT HAD GREAT SUCCESS WAS FIRE SERVICES COMMITTEE. [04:25:55] >> UH-HUH. [04:25:56] >> WE TALKED ABOUT THAT IN OUR MEETING. SCOTT, WHO IS [04:26:01] LIKELY LISTENING RIGHT NOW, THAT WAS THE GROUP THAT WE KEPT [04:26:05] POINTING BACK TO. WE WILL TRY TO EMULATE THE SUCCESSES WE HAD [04:26:10] THAT WITH THAT GROUP. [04:26:12] >> ABSOLUTELY. IN TERMS OF QUESTIONS ON DATA COLLECTION [04:26:16] AND ANALYSIS, THE TRAFFIC QUEUEING, WHY WASN'T IT SPECIFICALLY [04:26:23] MENTIONED OR RELATED? IT IS SOMETHING WE CAN ADD INTO IT GIVEN [04:26:28] IT IS ALSO IDENTIFIED AS SOMETHING THAT WE WOULD LOOK TOWARDS [04:26:34] ADAPTIVE MANAGEMENT PLAN OF LOOKING AND REEVALUATION. IT WOULD [04:26:40] BE IMPORTANT TO HAVE A BASE LINE OF UNDERSTANDING WHAT QUEUING [04:26:44] WOULD LOOK LIKE UNDER EXISTING OR ANTICIPATED CONDITIONS SO WE [04:26:51] KNOW HOW TO EFFECTIVELY DO THAT. THE SYSTEMS FOR MONITORING AND [04:26:59] HOW THEY WOULD BE IMPLEMENTED. THOSE ARE THINGS WE WOULD HAVE [04:27:03] THE CONSULTANT HIRE AND THOSE ARE ADDRESSED THROUGH ADAPTIVE [04:27:08] MANAGEMENT PLAN FOR MONITORING AND REEVALUATION. 54 of 75 [04:27:14] >> THANK YOU, MADAM MAYOR. [04:27:16] >> OKAY. ANY OTHER QUESTIONS? MAYOR PRO TEM? [04:27:19] >> I WANT TO SAY I REALLY APPRECIATE THE EFFORTS. THIS IS [04:27:24] VERY GOOD DUE DILIGENCE, IN MY OPINION, AND WHAT IS COMING [04:27:29] TOGETHER. I THINK IT IS IMPORTANT AND WANT TO THANK ANY [04:27:33] COMMUNITY MEMBERS TRACKING CLOSELY WITH THIS AND PROVIDING [04:27:37] CONTINUOUS INPUT AND STAFF'S RESPONSE TO THAT. I APPRECIATED [04:27:43] RESPONSES THIS AFTERNOON. I THINK IT IS IMPORTANT AND HEARTENED [04:27:51] AND FEELING CONFIDENT ABOUT WHERE THIS HAS HEADED. I WANT TO [04:27:54] GIVE YOU THAT AND THANK YOU ALL FOR YOUR EFFORTS. ALL RIGHT. [04:27:59] ANY OTHER QUESTIONS? COUNCILMEMBER DUCLOS? [04:28:06] >> THANK YOU, MADAM MAYOR PRO TEM. YOU TALKED ABOUT HOW [04:28:11] MOVING FORWARD WE ARE DOING THINGS JOINTLY AND IN SYNC, WHICH IS [04:28:16] NOT THE WAY THAT IT HAS BEEN IN THE PAST. MAYBE MORE OF A [04:28:22] QUESTION HERE WITH MY COLLEAGUES ON WORKING GROUP NOT THEM OR US [04:28:27] DOING A DRAFT. WE ARE CLEAR THINGS WE ARE DOING IS WE ARE [04:28:32] WORKING ON COLLECTIVE DOCUMENTS. THEY UNDERSTAND IT, AND THAT IS [04:28:36] HOW IT IS WORKING? [04:28:38] >> YEAH. WE HAD A GOOD MEETING A COUPLE WEEKS AGO, MAYBE A [04:28:43] WEEK AND A HALF AGO, TO TALK ABOUT SCOPE OF WORK AND THE PROCESS [04:28:47] AND STAKEHOLDERS. I THOUGHT IT WAS A PRODUCTIVE AND [04:28:51] COLLABORATIVE MEETING WE HAD. [04:28:52] >> THANK YOU. AND THANK YOU, MADAM MAYOR. [04:28:57] >> ALL RIGHT. ANY QUESTIONS? OPENING IT UP TO PUBLIC [04:29:01] COMMENT. MADAM CLERK DOESN'T HAVE SPEAKER CARDS. [04:29:07] >> DAVE. [04:29:08] >> OH, DAVE GREYSON, COME ON UP. [04:29:11] >> DAVID GREYSON, HERMOSA BEACH. I'M LOOKING FORWARD TO [04:29:18] SEEING THE PROCESS, HOW IT GOES OUT. THERE IS A LIST OF [04:29:26] POTENTIAL CRITERIA OPTIONS THAT WILL BE EVALUATED. ONE I DIDN'T [04:29:31] SEE LISTED THERE WAS TO LOOK AT EFFECT OR IMPACTS ON NEARBY [04:29:37] RESIDENTS IN THE COMMUNITY. I'M SURE THERE WILL BE AN [04:29:42] OPPORTUNITY IN THE PROCESS FOR THE CRITERIA TO BE DEVELOPED WITH [04:29:46] THEIR INPUT. THAT IS GOOD. THANK YOU. [04:29:48] >> THANK YOU. ANYONE ELSE? SEEING NO ONE. I WILL BRING [04:29:51] IT BACK OVER HERE FOR A MOTION MAYBE. [04:29:55] >> MAYOR PRO TEM? [04:30:03] >> THANK YOU, MADAM MAYOR. LOOKING TO MAKE SURE WHAT OUR [04:30:08] MOTION IS. OKAY. MADAM MAYOR, I MOVE THAT THE CITY COUNCIL [04:30:15] DIRECT STAFF TO ISSUE REQUEST FOR PROPOSALS FOR DEVELOPMENT OF [04:30:18] NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN BASED ON SCOPE OF WORK AND [04:30:23] TERMS IDENTIFIED AS MEMORANDUM OF UNDERSTANDING. [04:30:26] >> I WILL SECOND, MADAM MAYOR. [04:30:29] >> ALL RIGHT. WE ARE TAKING INTO ACCOUNT. SORRY. FOR [04:30:33] CLARIFICATION SOME OF THE COMMENTS OBVIOUSLY THAT WE DISCUSSED [04:30:36] HERE AND THAT DAVEY BROUGHT UP, ET CETERA? [04:30:39] >> UH-HUH. 55 of 75 [04:30:40] >> OKAY. YES, COUNCILMEMBER FANGARY? [04:30:44] >> THANK YOU, MADAM MAYOR. I WON'T SUPPORT THE MOTION. I [04:30:48] HAVEN'T SUPPORTED THE PROCESS. THE CITY AND SCHOOL BOARD HAVE [04:30:52] BEEN GOING FORWARD. I WON'T GO THROUGH ALL OF THE REASONS AGAIN, [04:30:56] BUT COLLEAGUES ARE AWARE OF REASONS BEHIND IT, SO QUALIFICATIONS, [04:31:00] I WON'T SUPPORT THE MOTION. [04:31:02] >> THANK YOU FOR CLARIFICATION. I WILL CALL THE QUESTION. [04:31:04] ALL THOSE IN FAVOR? [04:31:05] >> AYE. [04:31:08] >> OPPOSED? [04:31:09] >> NO. [04:31:10] >> OKAY. MADAM CLERK? [04:31:13] >> ITEM 6F, UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF [04:31:19] DOCKLESS SCOOTER AND BIKE CHAIR IN HERMOSA BEACH AND [04:31:23] CONSIDERATION OF REGULATORY OPTIONS TO PERMIT AND REGULATE [04:31:28] OPERATION OF DOCUMENT SCOOTERS AND [READING FROM TEXT]. IT IS [04:31:34] FROM ENVIRONMENTALIST LEANNE SINGLETON. [04:31:39] >> WELCOME BACK. [04:31:41] >> I'M HOPING YOU CAN BEAR WITH ME TONIGHT. I'M BEFORE YOU [04:31:45] THIS EVENING TO PROVIDE AN UPDATE ON WORK OVER THE LAST SEVERAL [04:31:51] MONTHS WITH EDUCATION AND -- I'M ALSO HERE THIS EVENING TO [04:32:10] PROVIDE AN UPDATE ON WORKING WITH OUR NEIGHBORING CITIES TO DO [04:32:16] DRAFT SHARED MOBILITY GUIDELINES, PROPOSED SOUTH BAY SHARED [04:32:21] MOBILITY PROGRAM, AND SEEKING INPUT ON GUIDELINES AND INTEREST TO [04:32:25] PARTICIPATE IN PILOT PROGRAM WITH NEIGHBORING CITIES. I WANT TO [04:32:30] START BRIEFLY WITH WHAT OUR EFFORTS HAVE BEEN OVER LAST [04:32:35] SIX MONTHS SINCE TEMPORARY BAN WAS PUT IN PLACE OR RELATED TO [04:32:39] OUTREACH AND ENFORCEMENT. WE HAVE BEEN -- WHILE WE HAVE BEEN [04:32:46] SIMULTANEOUSLY WORKING WITH NEIGHBORING CITIES ON THE DRAFT [04:32:50] GUIDELINES TERMS OF STAFF EFFORTS TOWARDS ENFORCEMENT EDUCATION [04:32:55] AND DEVELOPMENT OF GUIDELINES WE PROVIDE AN ATTACHMENT IN HERE [04:33:00] THAT DOCUMENTS SOME EFFORTS STAFF HAS GONE THROUGH. SINCE THE [04:33:04] ORDINANCE WAS PUT IN FRONT OF COUNCIL AND ADOPTED AND WENT INTO [04:33:09] EFFECT, OUR TEAM FROM CITY MANAGERS OFFICE AND FROM CODE [04:33:13] ENFORCEMENT AND POLICE DEPARTMENT HAVE BEEN WORKING [04:33:17] COLLABORATIVELY ON KIND OF WORKING THROUGH EDUCATION AND [04:33:21] ENFORCEMENT AND COORDINATION WITH THE SHARED MOBILITY COMPANIES [04:33:25] TO CARRY OUT THAT BAN. [04:33:29] ONE OF THE FIRST ITEMS PROVIDED IN THE ATTACHMENT IS WHAT WE [04:33:34] CALL A QUICK REFERENCE GUIDE FOR OFFICERS AND CODE ENFORCEMENT [04:33:39] SINGLE PAGE, FRONT AND BACK, THAT DETAILS IN MORE GENERAL TERMS [04:33:44] NOT CODE TERMS. WHEN ARE RULES AND REGULATIONS REGARDING NOT [04:33:52] ONLY SHARED MOBILITY DEVICES AND ALSO ELECTRIC EQUIPMENT AND [04:33:57] GENERIC BICYCLE AND SKATEBOARD AND SCOOTER REGULATIONS FROM BOTH [04:34:04] CITY MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE. WHEN OUR TEAM [04:34:11] INTERACTS WITH FOLKS FROM EDUCATIONAL ENFORCEMENT OR PERSPECTIVE, [04:34:17] THEY ARE ABLE TO REFERENCE QUICKLY THE APPROPRIATE CODES AND 56 of 75 [04:34:20] REGULATIONS ESPECIALLY SINCE THOSE CHANGED OR EVOLVED OVER TIME. [04:34:26] ALSO WITHIN THERE WE HAVE -- WE HAVE SHARED SOME OF THE SOCIAL [04:34:30] MEDIA EDUCATIONAL CAMPAIGNS WE HAVE BEEN POSTING. I WILL TELL [04:34:35] YOU THOSE ALWAYS GENERATE A LOT OF DISCUSSION. I DON'T KNOW WHAT [04:34:40] IT IS ABOUT THE POSTS IN PARTICULAR. [04:34:42] IT GENERATES A TON OF DISCUSSION ON SOCIAL MEDIA. [04:34:46] EVERYONE HAS AN OPINION ABOUT WHAT SHOULD OR SHOULDN'T BE ON [04:34:53] THE STRAND ABOUT BICYCLING IN GENERAL AND ALL OUR PUBLIC SPACES [04:35:00] FOLKS ARE ENGAGED WE INCLUDED DRAFT SIGNAGE WE ARE HOPING TO [04:35:04] PREPARE AND ACTUALLY POST OUT ALONG THE STRAND IN THE NEXT MONTH. [04:35:09] AND LET FOLKS NO HE ABOUT GO HERMOSA APP OR SERVICE REQUEST [04:35:16] APP AND MODULE WE ADDED IN THERE SO FOLKS CAN REPORT PARKED OR [04:35:21] ABANDONED SCOOTERS OR BIKES. [04:35:24] AS I MENTIONED WE HAVE DONE A FAIR AMOUNT OF CONTACT AND [04:35:32] COORDINATION SO FOLLOWING IMPLEMENTATION OF TEMPORARY BAN STAFF [04:35:37] WORKED TO ESTABLISH AND MAINTAIN CONTACT WITH SHARED MOBILITY [04:35:41] OPERATORS PARTICULARLY NOSE THAT HAVE ACTIVE PROGRAMS IN LA AND [04:35:46] LONG BEACH AND SANTA MONICA. IT HAPPENED WHERE SOMEONE IS RIDING [04:35:52] FROM ONE DESTINATION TO ANOTHER AND WE SEE EQUIPMENT HERE IN [04:35:55] HERMOSA BEACH. [04:35:57] THE SHARED MOBILITY OPERATORS HAVE BEEN NOTIFIED OF HERMOSA [04:36:01] BEACH PROCEDURES AND LETTING FOLKS KNOW WHEN WE DO SEE OR OBSERVE [04:36:07] EQUIPMENT IN HERMOSA BEACH AND ASKING THEM TO RETRIEVE EQUIPMENT [04:36:13] WITHIN TWO HOURS OF RECEIVING NOTICE THROUGH THEIR APP A PHONE [04:36:17] NUMBER OR VIA E-MAIL DURING DAYTIME HOURS NOTING THAT WE DO [04:36:22] OTHERWISE WILL MOVE EQUIPMENT PARTICULARLY IF IN A HAZARDOUS [04:36:29] LOCATION ALONG THE STRAND OR PLAZA. OUR PRACTICE HAS GENERALLY [04:36:35] BEEN TO MOVE THEM UP HERE AWAY FROM MORE OF THE HIGH ACTIVITY [04:36:40] AREAS AND THAT THE OPERATORS HAVE BEEN COMING AND PICKING THOSE [04:36:44] UP WHEN WE HAVE BEEN NOTIFYING THEM. [04:36:46] EQUIPMENT THAT IS NOT COLLECTED IN TIMELY MANNER AS YOU [04:36:51] ADOPTED IS NOW SUBJECT TO IMPOUND FEE OF $130. THAT IS A [04:36:58] REQUIRED PAYMENT FROM AN AUTHORIZED REPRESENTATIVE OF THE COMPANY [04:37:04] TO RELEASE THAT EQUIPMENT. IN TERMS OF OTHER EDUCATION AND [04:37:08] ENFORCEMENT WE CONTINUE TO MAKE AVAILABLE COMMUNITY INTEREST [04:37:12] SURVEY ON BIKE SHARE AND SCOOTER. WE HAVE CONTINUED TO RECEIVE [04:37:18] INPUT AND RESPONSES ON THAT AS WE HAVE GONE ALONG. I WILL SHIFT [04:37:23] GEARS HERE BRIEFLY FROM WHAT WE HAVE BEEN DOING IN THE LAST SIX [04:37:28] MONTHS NOTING THAT WE WILL CONTINUE TO DO ALL OF THESE ITEMS WE [04:37:33] HAVE IDENTIFIED AND INCLUDING RAMPING UP SOME OF THIS AS WE GET [04:37:37] INTO BUSIER SUMMER MONTHS AND TALK BRIEFLY AND SWITCH GEARS INTO [04:37:46] MOBILITY GUIDELINES THAT HAVE BEEN DRAFTED. -- CITIES HAVE BEEN [04:37:55] MEETING ON. I CALL IT MONTHLY. IT ENDS UP BEING SLIGHTLY MORE [04:37:59] THAN MONTHLY. WE ARE WORKING HARD TO TRY TO GET THESE GUIDELINES [04:38:04] WRAPPED UP IN A WAY TO BE PRESENTED TO PRODUCE A DRAFT SET OF [04:38:09] SHARED MOBILITY GUIDELINES REVIEW AND INPUT BY COUNCIL AND PUBLIC [04:38:13] GUIDELINES SEEK TO MAXIMIZE CONSISTENCY ACROSS -- HOWEVER, EACH 57 of 75 [04:38:20] CITY HAS ABILITY TO PROVIDE INPUT ON GUIDELINES THAT CAN EITHER [04:38:24] BE CONSIDERED ACROSS ALL CITIES OR CUSTOMIZED AS CITY SPECIFIC [04:38:29] REGULATIONS BASED ON UNIQUE CONDITIONS OR CONCERNS WE HAVE WITH [04:38:35] CERTAIN AREAS OR PARKING STYLES WE CAN CUSTOMIZE THEM FOR OUR [04:38:41] CITY. -- CITY OF SANTA MONICA, LA, PORTLAND, AND CULVER CITY. [04:38:54] AREAS OF CONCERN THAT HAVE BEEN IDENTIFIED THROUGH PREVIOUS [04:38:58] COUNCIL DISCUSSION INPUT FROM CITY RISK MANAGER AND CITY ATTORNEY [04:39:04] AND COMMUNITY DIALOGUE ON THE TOPIC. PROVIDED AS ATTACHMENT 4 IN [04:39:10] STAFF REPORT. WE BRIEFLY SUMMARIZE DESCRIPTIONS OF THE SECTIONS. [04:39:16] I WILL RUN THROUGH NAMES OF THEM IF ANY OF YOU WOULD LIKE ME TO [04:39:21] DO MORE DETAIL ON, I'M HAPPY TO DO SO. SECTIONS INCLUDE THE [04:39:26] PURPOSE OR AUTHORITY OF CITIES TO IMPLEMENT A PROGRAM AND [04:39:31] DEFINITIONS SO CITIES AND OPERATORS ARE WORKING FROM SAME [04:39:34] DEFINITIONS. DEPLOYMENT AND PARKING AND FLEET SIZE AND MIX. [04:39:42] EDUCATION ENFORCEMENT SAFETY OPERATIONS AND MAINTENANCE AND DATA [04:39:48] EXPERIENCE AND QUALIFICATION INSURANCE INDEMNIFICATION [04:39:54] APPLICATION AND -- I MENTIONED STAFF FROM CITIES OF AROUND THE [04:40:01] AREA -- HERMOSA AND MANHATTAN REDONDO AND TORRANCE HAVE TEMPORARY [04:40:11] BANS ON SHARED MOBILE RIGHT NOW. EL SEGUNDO CITY COUNCIL [04:40:19] CONSIDERED THE DRAFT GUIDELINES AT MEETING MARCH 19TH AND [04:40:24] RECOMMENDED PARTICIPATION WITH NEIGHBORING CITIES. THEY ARE THE [04:40:28] SAME AS YOURS. STAFF BELIEVED THIS PROGRAM CAN ONLY BE EFFECTIVE [04:40:32] IF IT IS IMPLEMENTED IN MULTIPLE CITIES GIVEN SIZE OF THE CITIES [04:40:39] AND GIVEN KIND OF THE CROSS TRAVEL NATURE OF LOTS OF FOLKS THAT [04:40:43] GO FROM CITY TO CITY. STAFF IN MANHATTAN AND REDONDO ARE [04:40:52] PLANNING MEETINGS THIS MONTH TO RECEIVE DIRECTION ON A COMMON [04:40:57] PILOT PROGRAM AND TO BRIEFLY TALK THROUGH THE PROCESS WE [04:41:02] DEVELOPED OR HAVE PROPOSED IS THAT THE -- RATHER THAN REQUESTING [04:41:08] APPLICATIONS FOR EACH INDIVIDUAL CITY FROM ALL OF THE OPERATORS [04:41:11] SOUTH BAY CITY'S COG HAS PROPOSED TO TAKE ON THE TASK OR ROLE FOR [04:41:17] ANY CITY INTERESTED IN PARTICIPATING. THE NEXT COUPLE MONTHS [04:41:23] HEAR FROM EACH CITY WHAT THEIR INTEREST AND PARTICIPATION IS [04:41:26] BASED ON THAT ISSUE OR REQUEST FROM APPLICATIONS FOR OPERATORS [04:41:34] AND RELY ON CITIES PLANNING TO PARTICIPATE TO EVALUATE AND RANK [04:41:38] TOP COMPANIES AT WHICH POINT THE SOUTH BAY GROUP WOULD IDENTIFY [04:41:45] TWO OR THREE OPERATORS THAT WOULD BE INVITED TO PARTICIPATE IN OR [04:41:49] SUBMIT APPLICATIONS TO INDIVIDUAL CITIES. THE REGULATORY PROCESS [04:41:54] OF THE CITY TO ISSUE A PERMIT IS NOT SOMETHING THAT COULD BE DONE [04:42:01] AT MULTI-JURISDICTIONAL OR COG LEVEL NEED TO HAVE AT LOCAL LEVEL [04:42:06] AND THERE IT WOULD BE ISSUANCE OF PERMITS AND LAUNCH OF A PILOT [04:42:11] PROGRAM. [04:42:12] SO FOR COUNCIL THIS EVENING, WE INCLUDED THERE IS A LOT OF [04:42:18] CONTENT IN HERE. WE KIND OF TRIED TO DISTILL IT DOWN INTO TWO [04:42:23] KEY QUESTIONS FOR YOUR DISCUSSION AND CONSIDERATION. FIRST IS, [04:42:26] IS THERE INTEREST IN PARTICIPATING IN A SOUTH BAY SHARED MOBILITY [04:42:32] PROGRAM AND WHAT, IF ANY, ADDITIONAL REGULATIONS, DETAILS, OR [04:42:36] INFORMATION SHOULD BE INCORPORATED INTO THE GUIDELINES THAT HAVE 58 of 75 [04:42:39] BEEN DRAFTED TO DATE? BASED ON COUNCIL DIRECTION OF THE ITEMS [04:42:46] STAFF WILL LOOK AT PREPARING MUNICIPAL CODE REGULATIONS AND [04:42:51] MEASURES RELATED TO OPERATION OR CONTINUATION ON A BAN ON SHARED [04:42:56] MOBILITY DEVICES. EITHER WAY, ADDITIONAL MUNICIPAL CODE CHANGES [04:43:02] THAT WOULD NEED TO BE DEVELOPED AND PRESENTED BACK TO COUNCIL IN [04:43:07] COMING MONTHS. WITH THAT I'M HAPPY TO ANSWER QUESTIONS. WE ALSO [04:43:11] -- I WANT TO NOTE PETER ALSTROM FROM POLICE DEPARTMENT IS HERE. [04:43:16] THIS IS HIS FIRST COUNCIL MEETING. BE NICE TO HIM TO ANSWER [04:43:22] QUESTIONS FROM POLICE DEPARTMENT PERSPECTIVE. [04:43:25] >> ALL RIGHT. WE ARE A LOT OF FUN, AS YOU CAN SEE. [04:43:29] >> AUDIENCE: [LAUGHING]. [04:43:30] >> A LOT OF YOUR BANG FOR YOUR BUCK AT THE COUNCIL [04:43:34] MEETINGS. [04:43:35] >> ANY QUESTIONS? YES. COUNCILMEMBER FANGARY? [04:43:42] >> YOUR HONOR, I GOT RESPONSES. NOT SURE FROM YOU OR [04:43:45] SOMEBODY ELSE. I WANT TO ELABORATE ON SOME OF THEM. THIS IS [04:43:49] RELATED TO ENFORCEMENT. GARY MIGHT BE UP. I ASKED THE QUESTION [04:43:54] ABOUT IN PRIOR MEETINGS I RAISED CONCERNS WITH CITY MANAGER AND [04:44:00] STAFF ABOUT ADVISABLY SEEING MORE MOTORIZED VEHICLES ON THE [04:44:06] STRAND AND HEARING FROM COMMUNITY CONCERNS AND PUBLIC SAFETY, ET [04:44:10] CETERA. I HAVE BEEN ASKING WHAT ARE WE DOING ABOUT THIS? I [04:44:15] UNDERSTAND THERE ARE RESOURCE ISSUES. I ASKED THE QUESTION [04:44:19] EARLIER TODAY OR YESTERDAY ABOUT AS FAR AS ENFORCEMENT HAS GONE, [04:44:28] HOW MANY HAVE WE ISSUED FOR RIDING BICYCLES AND SCOOTERS IN 2018? [04:44:35] THE YEAR-TO-DATE ANSWER I GOT WAS WE WARNED 30 INDIVIDUALS LAST [04:44:41] WEEKEND THAT IS ASSUMPTION OF 0 FOR 2019 FOR MOTORIZED VEHICLES [04:44:50] ON THE STRAND. [04:44:51] >> RIGHT. IT IS NOT ABOUT ISSUING CITATIONS BUT WARNING [04:44:56] PEOPLE GOING OFF THE STRAND. CSOS AND CODE ENFORCEMENT THAT [04:45:03] PATROL THE STRAND REGULARLY. [04:45:06] >> OKAY. QUESTION TO BOTH OF YOU, WE HAD THE MOST SERIOUS [04:45:10] CONVERSATION ABOUT THIS STARTING IN AUGUST 2018. HERE WE ARE, [04:45:14] APRIL 2019. MY QUESTION IS HOW MUCH MORE DO WE HAVE TO DO BEFORE [04:45:21] WE START ISSUING TICKETS? I HAVE NO PROBLEM GETTING PARKING [04:45:26] TICKETS. I GET ONE ALMOST EVERY OTHER WEEK. YOU HAVE MECHANISM [04:45:30] AND MACHINES TO DO IT. ORDINANCE 2019 MINUTES TO CONFIRM, I [04:45:39] THINK WE PASSED ORDINANCE THAT INCLUDES A CIVIL PENALTY. IS THAT [04:45:44] ACCURATE AND YOUR RECOLLECTION? [04:45:46] >> I BELIEVE ADMINISTRATIVE CITATION CONSISTENT WITH OTHER [04:45:51] CITATIONS. [04:45:52] >> PASSED IN AUGUST 2019, AND I SEE NUMBERS OF VEHICLES [04:45:56] INCREASING MONTH-TO-MONTH, AND HERE WE ARE IN APRIL AND SUMMER IS [04:46:00] ABOUT TO START AND HAVEN'T ISSUED A SINGLE. WE LIKE TO WARN. [04:46:06] HOW MUCH WARNING DO WE GIVE TO PEOPLE WE ARE SERIOUS. WE NEED [04:46:11] YOU TO GET OFF YOUR BIKE IF NOT SUPPOSED TO BE RIDING IT. I [04:46:17] STAND ON STRAND AND HEAR ZIPPING BIKES GOING THROUGH. I DON'T [04:46:21] HAVE A SPEEDOMETER. I DON'T KNOW HOW FAST THEY ARE. THE SOUND 59 of 75 [04:46:24] AND SPEED OF THEM IS ALARMING TO ME. I KEEP SAYING THE SAME [04:46:28] THING AND WARN PEOPLE AND TELL THEM TO SLOW DOWN. I DON'T WANT [04:46:32] TO WAIT UNTIL SOMEONE SIGNIFICANTLY GETS HURT BEFORE WE GET [04:46:38] SERIOUS ABOUT IT. [04:46:39] >> UNDERSTOOD. MY TENURE STARTED HERE IN NOVEMBER. I HAD [04:46:44] RATHER LENGTHY DISCUSSIONS WITH ACTING CHIEF MCKINNON AND [04:46:51] [INDISCERNIBLE]. WE HAVE TAKEN APPROACH OF FOLLOWING THROUGH ON [04:46:56] EDUCATIONAL COMPONENT FIRST. WE DON'T TAKE ISSUING ANY [04:47:01] INFRACTION CITATION LIGHTLY. I KNOW IN MY DISCUSSIONS WITH THE [04:47:08] THREE OF THEM THAT THERE HAS BEEN A PLAN PARTICULARLY SINCE WE [04:47:14] MOVED INTO WARMER SUMMER MONTHS TO COORDINATE POLICE OFFICER [04:47:20] SCHEDULES AND COMMUNITY SERVICE OFFICE SCHEDULES TO BE ON THE AT [04:47:28] THE SAME TIME SO WHEN CSOS ARE AND POLICE UNIFORMS ONSITE TO [04:47:35] PROVIDE SUPPORT AS WELL. THAT IS THE APPROACH THAT, I [04:47:38] UNDERSTAND, LIEUTENANTS AND CAPTAIN HAVE WANTED TO TAKE AS WE [04:47:45] MOVE FORWARD. I KNOW, AGAIN, AS WARMER MONTHS HAVE STARTED TO [04:47:49] MOVE IN THAT WE ARE WORKING TO PUT THAT TOGETHER. [04:47:58] >> OKAY. DO YOU HAVE A SENSE OF -- AGAIN, NOT TRYING TO DO [04:48:02] FOR THE CITY, BUT DO YOU HAVE A SENSE OF IN MAY OR JUNE ISSUING [04:48:07] CITATIONS TO PEOPLE THAT VIOLATE OUR LAWS? YOU ARE SAYING WE [04:48:11] DON'T TAKE INFRACTIONS LIGHTLY, BUT I GET TICKETS ON MY CAR ALL [04:48:16] THE TIME. PEOPLE COMPLY WITH THE RULES. WE DON'T DO IT WITH [04:48:22] PUBLIC SAFETY ON THE STRAND. I'M MISSING THE LOGIC. [04:48:26] >> WITH RESPECT TO THE TIMEFRAME, I DON'T HAVE AN EXACT [04:48:31] TIMEFRAME. I KNOW IN DISCUSSIONS WITH THREE OF THEM, THAT PLAN [04:48:35] HAS BEEN TO DO IT IN THE NEXT SEVERAL WEEKS. [04:48:39] >> OKAY. [04:48:40] >> AGAIN, AS WE MOVED INTO THE WARMER DAYS. [04:48:44] >> SORRY TO INTERRUPT YOU FOR ONE SECOND. WE HAVE CITY [04:48:48] MANAGER WITH A COMMENT? [04:48:50] >> I WILL FOLLOW UP WITH ACTING CHIEF MCKINNON AND REFLECT [04:48:59] WITH POLICE DEPARTMENT MAJORITY INTEREST IF COUNCIL IS INDICATING [04:49:04] SUCH TO GO AHEAD AND ISSUE CITATIONS AND CONSIDER EDUCATION AND [04:49:08] OUTREACH STAGE OF OUR EFFORTS TO BE COMPLETE IF THAT IS THE WISH [04:49:14] OF THE COUNCIL. [04:49:16] >> DO YOU MIND IF I INTERRUPT YOUR QUESTION? I HAVE TO ASK [04:49:20] ONE. [04:49:21] >> NOT AT ALL. [04:49:23] >> HOW LONG HAVE WE BEEN GIVING WARNINGS IN THE LAST -- [04:49:29] >> SINCE MY TENURE WOULD HAVE GONE, SO MIDDLE OF THE MONTH. [04:49:35] >> SO ALMOST SIX MONTHS? [04:49:37] >> YES. [04:49:38] >> THANK YOU. [04:49:39] >> MADAM MAYOR? [04:49:41] >> YES. [04:49:42] >> TO HELP PETER AND CHIEF MCKINNON AND CONSIDER ETE [04:49:48] MANAGER AND VICE CHAIR FANGARY IS CONCERNED, YOU DON'T -- 60 of 75 [04:49:56] COMPLAINING ABOUT THE AMOUNT OF EXCESSIVE SPEED ON THE STRAND AND [04:50:00] MOTOR VEHICLES ON THE STRAND. ANECDOTALLY, I SEE IT ALL THE [04:50:06] TIME. I WILL SEE A 20-SOMETHING-YEAR-OLD KID RIPPING BY ON [04:50:11] ELECTRIC SKATEBOARD OR SOMETHING ON THE STRAND AND NOT ALLOWED. [04:50:17] IGNORANCE OF THE LAW IS NO EXCUSE. FROM DAY WE SET SPEED LIMITS [04:50:23] ON THE STRAND AND DAY WE SAID NO MOTORIZED VEHICLES ON THE [04:50:28] STRAND, WE COULD HAVE BEEN WRITING TICKETS WITH POLICE [04:50:32] DEPARTMENT. AS I UNDERSTAND IT, WE ARE PRETTY FORGIVING FOR [04:50:36] VEHICULAR INFRACTIONS IN THE CITY. MOST SPEEDING AND STOP SIGNS [04:50:42] AND STUFF ENDS UP BEING CITY OF HERMOSA. PEOPLE COMPLAIN TO [04:50:50] EVERY CORNER OF THE CITY ABOUT HOW FAST PEOPLE GO THROUGH [04:50:54] RESIDENTIAL NEIGHBORHOODS AND VEHICLES AND DON'T STOP AT STOP [04:50:58] SIGNS AND HOW MUCH DANGER IT POSES. SO -- OR MOTOR VEHICLES ON [04:51:07] THE STREETS, I THINK WE, AS A CITY, NEED TO START HITTING PEOPLE [04:51:12] WITH TICKETS. THAT IS DEFINITELY TRUE FROM MY PERSPECTIVE FOR [04:51:16] THE STRAND. DAYS OF EDUCATION AND WARNINGS HAS TO END ON ALL OF [04:51:23] THAT STUFF. THE STRAND HAS BEEN THERE FOR A LONG, LONG TIME. [04:51:28] PEOPLE HAVE KNOWN YOU ARE NOT TO TAKE MOTORIZED VEHICLES [04:51:32] THERE KNOW SPEED LIMIT POSTED AND NO LONGER ANY EXCUSE OR FURTHER [04:51:38] EDUCATION TIME TO ENFORCE GOES FOR STRAND AND RESIDENTIAL STREETS [04:51:43] AS WELL. [04:51:44] >> YOU HAVE MAJORITY OF COUNCIL NODDING HEADS. HERE, I [04:51:48] THINK COUNCILMEMBER DUCLOS HAS A COMMENT ON THIS. [04:51:53] >> I DON'T. [04:51:54] >> HE IS NOT DONE. [04:51:55] >> I WILL WAIT. [04:51:56] >> OKAY. THANK YOU. [04:51:57] >> COUNCILMEMBER FANGARY? [04:52:00] >> THANK YOU FOR THE MAJORITY OF COUNCIL TO GIVE INPUT ON [04:52:04] THAT. I'M NOT. ALONG LINES OF BOTH EDUCATION AND ENFORCEMENT, [04:52:10] SOME QUESTIONS WE ASKED ALSO WAS ABOUT SIGNS. ISSUE CAME BEFORE [04:52:18] US, AND WE ARE STILL WORKING ON IT. MY INPUT FOR WHATEVER IT IS [04:52:22] WORTH TO THE EXTENT WE INCREASE SIGNAGE TO CONTINUE WITH THE [04:52:27] EDUCATION AND CONJUNCTION WITH ENFORCEMENT WOULD BE HELPFUL AND [04:52:31] UNDERSTAND PROCESS PUTTING SIGNS TOGETHER AND DEPENDING HOW [04:52:35] MEETING GOES TONIGHT SIGNS MAY SAY THINGS DIFFERENTLY. I URGE [04:52:39] YOU WHATEVER HAPPENS AT THE CONCLUSION OF THE MEETING TODAY THAT [04:52:42] WE INCLUDE SIGNAGE AND ADDITION TO ENFORCEMENT SO WE ARE PROPERLY [04:52:48] INFORMING PEOPLE. I WAS KIND OF JOKINGLY USED TO LAUGH AT THE [04:52:53] TIME YEARS AGO. BENCHES AT PIER PLAZA AND BENCHES HAD NO SMOKING [04:53:00] SIGN ON IT. SOMEBODY COMES UP SMOKING. I DIDN'T KNOW WE WEREN'T [04:53:05] SUPPOSED TO HERE. LOOK BEHIND YOU, AND IT IS ON THE BOOK. I [04:53:10] DON'T SEE SIGN OF MOTORIZED VEHICLES EVIDENCE. I WOULD INCREASE [04:53:17] THE SIGNAGE. AND LASTLY, QUESTIONS AND STAFF HAS POINTED OUT [04:53:23] PILOT PROGRAM WITH IMPLEMENTED STAFF ADDITIONALLY RECOMMENDED WE [04:53:28] SEEK PROVIDERS OR STAFF AMBASSADORS THAT CAN DO REGULATION ON [04:53:37] REDUCING STRAND PARKING PRACTICES AND RIDER. I DON'T KNOW IF WE 61 of 75 [04:53:43] GOT INPUT FROM POTENTIAL FUTURE PARTNERS TO BE AMENABLE TO DO IT, [04:53:49] BUT IT WOULD BE AWESOME. [04:53:50] WE TALKED ABOUT THIS WITH SOME OPERATORS. SOME OF THEM ARE [04:53:54] HERE AND CAN SPEAK TO THAT AS WELL. [04:53:56] >> EXCELLENT. THANK YOU, MADAM MAYOR. [04:54:00] >> ALL RIGHT. COUNCILMEMBER DUCLOS? [04:54:03] >> THANK YOU. WE ARE ALL CONCERNED ABOUT THE SPEEDING [04:54:06] ISSUE. I KNOW ONE OF THE THINGS THIS PROGRAM LOOKS AT IS UNIQUE [04:54:16] RISK FACTORS TO CITIES. NOT ALL CITIES ARE THE SAME. I THINK WE [04:54:21] HAVE A UNIQUE SITUATION IN TERMS OF WITH OUR STRAND, AND IT IS A [04:54:30] MIXED USE PATHWAY HIGHLY USED AND ALWAYS HAD ISSUES RELATED TO [04:54:37] BICYCLES AND PEDESTRIANS AND THAT MIX. AND NOW WITH INTEGRATION [04:54:42] OF OTHER ELEMENTS, IT IS BECOMING REALLY DIFFICULT. I NOTICED IN [04:54:46] THE WAY THAT THE PILOT MOBILITY AGREEMENT IS. IT IS THE [04:54:55] COMPANY'S RESPONSIBILITY FOR EDUCATING THE PUBLIC. IN SOME [04:55:00] DISCUSSION HERE, I LEARNED WHILE THAT IS TRUE, IT IS THEIR [04:55:05] RESPONSIBILITY AND ALSO SOMETHING THAT THEY WORK WITH CITIES ON [04:55:08] IN TERMS OF THEIR UNIQUE SITUATIONS AND THEIR NEEDS. IN TERMS OF [04:55:14] LOOKING AT UNIQUE CONDITIONS, I WOULD LIKE TO HEAR FROM SOME [04:55:18] SERVICE PROVIDERS DIFFERENT WAYS IN WHICH THEY WORK WITH PROBLEMS [04:55:23] SUCH AS THIS. [04:55:24] THAT WE HAVE HERE. IT SEEMS TO ME SPEEDING ISSUE IS [04:55:32] CRITICAL, AND WE GET PEOPLE TO RESPECT THE EIGHT MILES AN HOUR. [04:55:38] I HAVE TO SAY THAT WE HAVE EIGHT MILES AN HOUR BECAUSE I [04:55:43] PROPOSED THAT TO CITY COUNCIL YEARS AGO WHEN THINKING OF LIFTING [04:55:49] ALL SPEED LIMITS. I BROUGHT THEM A MODEL WHAT WAS BEING DONE IN [04:55:54] SAN DIEGO AND MISSION BEACH AFTER A MILLION DOLLAR STUDY. [04:55:59] I WAS HAPPY TO SAY THEY ADOPTED IT THEN. PEOPLE ALWAYS [04:56:03] WONDER WHERE EIGHT MILES AN HOUR COMES FROM. [04:56:06] >> THIS GUY. [04:56:07] >> AUDIENCE: [LAUGHING]. [04:56:08] >> YEAH. I WILL TAKE OWNERSHIP OF THAT ONE. THE -- AT ANY [04:56:15] RATE, THERE IS A COUPLE THINGS I WOULD LIKE TO MENTION. YOU SAID [04:56:21] KEY POINT AREAS. EDUCATION IS A BIG ONE. HOW THESE COMPANIES [04:56:27] NOW, WHO -- WE WANT TO BENEFIT FROM EXPERIENCES COMPANIES HAVE [04:56:34] HAD OF TRYING TO REGULATE SAFETY ISSUES AND WORKING WITH THEM TO [04:56:44] ADDRESS UNIQUE CONDITIONS. WE ARE NOT LIKE OUR NEIGHBORING [04:56:48] CITIES. OUR STRAND IS DIFFERENT THAN WHAT YOU WOULD FIND IN [04:56:51] MANHATTAN AND REDONDO BEACH AND COMPLETELY DIFFERENT THAN WHAT [04:56:56] YOU WOULD FIND IN THE MAJORITY OF COG CITIES. WHEN THEY COME UP [04:57:06] HERE, I PERSONALLY WOULD REALLY LIKE TO HEAR ABOUT THAT. THEN [04:57:13] THIS ISSUE HOW FLEETS ARE REGULATED YOU SUGGESTED A PARTICULAR [04:57:17] NUMBER IN TERMS OF WHAT THAT IS. I KNOW THERE IS A STRATEGY ON [04:57:24] THAT. HEARING ABOUT THAT FOR ME WOULD BE REALLY HELPFUL. [04:57:28] AND YOU -- WE CAN'T TALK ABOUT TICKETING, AND WE CAN'T TALK [04:57:32] ABOUT REGULATING WITHOUT INCORPORATING THE CONVERSATION IN [04:57:40] RELATION TO SIGNAGE. WE -- I AM NOT PARTICULARLY -- I'M NOT 62 of 75 [04:57:45] OPPOSED TO THE IDEA OF GIVING PEOPLE WARNINGS BUT SHOULD SAY THAT [04:57:50] NEXT TIME IT WILL BE A TICKET I HAVE NO IDEA IF IT IS A VERBAL OR [04:58:02] PHYSICAL WARNING OR GIVING INSTRUCTIONS THAT YOU ARE GETTING A [04:58:06] WARNING NOW BUT AT A CERTAIN POINT YOU HAVE TO GIVE THEM. IT IS [04:58:10] CERTAINLY WARNING IT IS COMING, AND IT IS HERE. I WILL TELL YOU [04:58:16] -- THE FACT OF THE MATTER YEARS AGO WHEN CITY FIRST PUT SPEED [04:58:21] LIMIT ON STRAPPED AT EIGHT MILES AN HOUR, A PERSON WAS TICKETED [04:58:26] FOR GOING 20 MILES AN HOUR ON THEIR BIKE ON THE STRAND. LOCAL [04:58:31] MEDIA WROTE A STORY ON IT. I SWEAR TO YOU PEOPLE SLOWED DOWN. [04:58:36] WE KNOW ENFORCEMENT WORKS, AND WE HAVE TO DO IT, BUT IT IS SORT [04:58:41] OF LIKE THE CARROT. YOU KNOW? [04:58:43] YOU WANT TO AMEND BEHAVIOR. I WOULD BE INTERESTED TO KNOW [04:58:48] IN WHAT CONTEXT ARE THEY DOING THE WARNINGS? [04:58:55] >> THEY ARE VERBAL WARNINGS AT THIS TIME. [04:58:58] >> THAT IS JUST NOT ENOUGH. PLEASE DON'T DO IT. NEXT TIME [04:59:02] WHEN YOU DO IT WITH YOUR CHILDREN, WE KNOW HOW IT WORKS. I WOULD [04:59:06] -- YOU KNOW, LIKE A SIGN THAT SAYS SPEEDING WILL COST YOU X [04:59:15] DOLLARS OR SOMETHING THAT PEOPLE REALIZE IS COMING HAS TO BE PART [04:59:18] OF THE STRATEGY MOVING FORWARD. AGAIN, I LOOK TO SOME OF THE [04:59:23] EXISTING COMPANIES OUT HERE THAT ARE DEALING WITH SAFETY ISSUES [04:59:27] AND OTHER CITIES IN TERMS OF AMENDING BEHAVIOR IN TERMS OF HOW WE [04:59:33] MIGHT DO THAT. SEEMS TO ME THAT WILL BE OUR GREATEST CHALLENGE [04:59:39] IF IN RELATION TO TRYING TO -- WE HAVE NEVER BEEN SUCCESSFUL IN [04:59:43] EFFECTING BEHAVIOR CHANGE WE NEED IN TERMS OF PEOPLE ABIDING BY [04:59:48] AND DRIVING OR WRITING SENSIBLY ON THE STRAND. LIKE I SAY, GOING [04:59:57] BACK BEFORE ELECTRIC VEHICLES STARTED SHOWING UP, THIS WAS AN [05:00:01] ISSUE IN THE CITY WE HAVEN'T PROPERLY ADDRESSED. THIS IS THE [05:00:06] TIME. I WANT TO SAY THESE INDIVIDUALS WILL COME UP HERE AND TALK [05:00:11] ABOUT THEIR COMPANIES AND SO FORTH AND SO ON. I WOULD BE [05:00:18] INTERESTED TO KNOW IN EDUCATIONAL COMPONENT DIFFERENT STRATEGIES [05:00:22] THEY USE TO ASSIST CITIES INFORMATIONALLY OR FINANCIALLY IN TERMS [05:00:28] OF RESOURCES TOO THAT CAN BE PUT TOWARDS DOING THAT. [05:00:31] >> ALL RIGHT. [05:00:33] >> THANK YOU. [05:00:34] >> ANY OTHER QUESTIONS? [05:00:36] >> MAYOR PRO TEM? [05:00:37] >> THANK YOU. QUICK QUESTION ON PROPOSED SIGNAGE EXAMPLE, [05:00:43] LEANNE, WHERE THERE IS WORDS AT BOTTOM THAT SAY ON STRAND PIER OR [05:00:49] PIER PLAZA WHILE IT IS IN USE. IS THAT COMMON THING MOTORIZED [05:00:58] OWNER WOULD CONSIDER? WOULD THEY RECOGNIZE THAT? I UNDERSTAND [05:01:04] POWER IS ON OR OFF. [05:01:06] >> RIGHT. WITH ELECTRIC SCOOTERS AND SKATEBOARDS, IT WOULD [05:01:13] BE DIFFICULT TO MANEUVER WITHOUT POWER AND USE BUT SEVERAL [05:01:18] BICYCLES YOU CAN HAVE POWER OR PEDAL ASSIST ON IT TURNED OFF. [05:01:24] THOSE FOLKS THAT IS PART OF WHAT WE ADOPTED IN MUNICIPAL CODE. [05:01:30] THERE WAS CONCERN FROM FOLKS THAT SAY I RIDE MY BIKE UP AND DOWN [05:01:34] THE STRAND AND BIKE PATH FROM HERE TO SANTA MONICA. TO NOT BE 63 of 75 [05:01:41] ABLE TO USE THAT COMPONENT WOULD ESSENTIALLY FORCE ME TO THE [05:01:47] STREET EVEN THOUGH WE TURNED IT OFF. WE MADE THAT AMENDMENT THAT [05:01:52] ESSENTIALLY IF THEY OPERATE WITHOUT THE POWERS IN USE AND OPERATE [05:01:58] AT THE SPEED LIMIT IT IS OPERATING AS A NORMAL BIKE. [05:02:04] >> OKAY. THE QUESTION IS IN RELATIONSHIP TO CLARITY ABOUT [05:02:07] THE SIGN AND KEEP THINKING ABOUT THE CLEAREST WAY TO SAY THAT, [05:02:12] THE MOST POSSIBLE SWATH OF PEOPLE ON THESE DEVICES WOULD [05:02:16] UNDERSTAND IT IS WHERE I WAS GOING. I HAD ONE OTHER QUESTION [05:02:20] ABOUT -- IT IS FUNNY. I JUST -- WE GET THESE THINGS IN THE MAIL. [05:02:26] THIS CAME THIS WEEK WESTERN ARTICLE THERE IS SOMETHING IN THIS [05:02:32] ISSUE ABOUT SCOOTERS BEHAVING BADLY. LOTS OF CONCERN ABOUT THIS [05:02:38] AND ONE THING TALKED ABOUT WAS INTOXICATED RIDERS. I DON'T KNOW [05:02:44] HOW MUCH IT HAS COME UP IN ALL OF THE WORK YOU HAVE DONE BUT [05:02:48] SEEMS LIKE AN ELEVATED CONCERN THAT NEEDS TO BE MANAGED FOR TO [05:02:58] YOU HAVE A COMMENT ON THAT? COULD WE CITE SOMEONE FOR SPEED OR [05:03:03] INTOXICATED WRITING? [05:03:06] >> UNFORTUNATELY, I DON'T KNOW THE ANSWER TO THAT. I WOULD [05:03:10] HAVE TO REFER TO ACTING CHIEF MCKINNON AND PHILLIPS AND CHIDE ON [05:03:17] THAT MATTER. [05:03:18] >> OKAY. [05:03:19] >> I WOULD JUMP IN AND SAY IT WOULD BE THE SAME ON [05:03:22] PRIVATELY OWNED SKATEBOARD OR SCOOTER YOU COULD CITE FOR BEING [05:03:30] UNDER THE INFLUENCE THESE ARE SPECIALIZED VEHICLES. [05:03:35] >> IT MIGHT COME UP AS AN ISSUE HERE. [05:03:38] >> RIGHT. I WANT TO COMMENT I HAVE SEEN PROBLEMATIC IN [05:03:44] SOME CITIES LIKE THIS EQUIPMENT HAS BEEN ALLOWED WITHOUT [05:03:49] GUIDELINES AND REGULATIONS. THE CITY OF SAN DIEGO IS AN EXAMPLE [05:03:58] OF THAT. THEY CAN BE OUT THERE 24/7. THERE IS NOT OPERATING [05:04:04] HOURS. ADOPTING GUIDELINES THAT ADDRESS SOME OF THE SAFETY [05:04:08] CONCERNS INCLUDE NIGHTTIME WRITING WON'T ADDRESS 100% OF THE [05:04:14] INFLUENCE, BUT IT WILL GRAB A LARGER COMPONENT OF THAT BY [05:04:21] ESTABLISHING PRETTY COOL OPERATING HOURS. [05:04:25] >> SECOND COMMENTS OF CONCERN ABOUT CITATIONS AND MORE [05:04:30] BROADLY THAN JUST ELECTRIC VEHICLES. WE HAVE LOTS IN TOWN AND [05:04:36] THIS GOES WITHOUT SAYING BUT THIS HAS COME UP A LOT IN ONE OF THE [05:04:41] THOUGHTS GIVEN OUR LIMITED OFFICERS OUT. AND CSOS AND SO ON. [05:04:49] THERE MIGHT BE A FOCUS OF CONCENTRATION IN A DIFFERENT AREA. NO [05:04:54] IMPLICATION THAT WE NO HE THAT THINGS CAN BE COVERED ALL THE [05:04:58] TIME. IF YOU GOT A REPUTATION FOR BEING ON SITE ON AT LEAST [05:05:03] OCCASIONALLY ON A LOCATION WRITING SPEEDING TICKETS ON EIGHTH [05:05:10] STREET FOR EXAMPLE AND ON THE STRAND, WORD WOULD GET AROUND. YOU [05:05:14] WILL GET A TICKET. I WANTED TO SAY I AGREE. [05:05:18] >> THANK YOU. [05:05:19] >> THANK YOU FOR THAT. [05:05:20] >> YOU CLEARLY FEEL VERY PASSIONATE ABOUT THAT. [05:05:24] >> I UNDERSTAND IT HAS BEEN HEARD. [05:05:26] >> I OFFER TO THE CHIEF WHATEVER TRAINING WE NEED TO GET 64 of 75 [05:05:30] GIVE US THE SITE PAD, WE ARE HERE TO ASSESS. [05:05:34] >> IF WE WRITE ENOUGH TICKETS, WE COULD FUND SOME PEOPLE [05:05:38] TOGETHER. [05:05:39] >> YES. [05:05:40] >> ONE LAST COMMENT, COUNCILMEMBER. THANK YOU, MADAM [05:05:46] MAYOR. ONE THING THAT WORKED BEFORE, I FORGET THE TERMINOLOGY. [05:05:50] YOU GET PARTIERS FROM OTHER CITIES TO STEP IN, IN ONE CITY AND DO [05:05:56] MULTIPLE ENFORCEMENTS. A YEAR AGO, WE HAD 10 OR 15 MOTORCYCLES [05:06:04] AND CARS ON PIER PLAZA AND IN DOWNTOWN AREA, AND ONE THING WE [05:06:12] PROMOTED WAS NO SMOKING. DOCTOR, SOMEBODY LIT UP A CIGARETTE AND [05:06:19] GOT ON A SPEAKER AND SAID SMOKING IS NOT ALLOWED HERE. POINT [05:06:23] ACROSS, PERSON SMOKING KNEW ABOUT IT AND EVERYBODY THAT COULD [05:06:29] HEAR KNEW IT IS NOT ALLOWED. IF YOU CAN GET SEVERAL POLICE [05:06:35] OFFICERS AND CSOS AND PARTNER CITIES SAYING, HEY, THIS WEEKEND WE [05:06:41] WILL DO HERMOSA BEACH OR -- IF IT MAKES THE NEWS PEOPLE READ THE [05:06:51] NEWS. PEOPLE KNOW THEY ARE ACTUALLY GETTING TICKETS AND CITED [05:06:57] AND THEY LOOK AT NEXT TIME THEY ARE NEEDED OUT THERE WHAT THEY [05:07:02] HAVE TO DO. [05:07:03] >> THANK YOU. [05:07:04] >> ALL RIGHT. NO MORE QUESTIONS. WE ARE GOING OPEN IT UP [05:07:09] FOR PUBLIC COMMENT. WE HAVE CARDS. [05:07:11] >> WE DO. [05:07:12] >> MADAM CLERK. [05:07:14] >> FIRST IS CARLA O. I APOLOGIZE. AND FOLLOWING HER, [05:07:22] STEVE COLLINS WOULD BE NEXT. [05:07:24] >> ALL RIGHT. WELCOME CARLA. [05:07:27] >> HI THERE. GOOD EVENING. I'M CARLA, 1A. I'M COMMUNITY [05:07:35] AFFAIRS FOR LA REGION. FIRST AND FOREMOST, THANK YOU FOR [05:07:40] ALLOWING ME TO SPEAK. I'M HERE TO GIVE PUBLIC COMMENT REGARDING [05:07:48] DOCKLESS SCOOTERS. PROVIDING AFFORDABLE, CONVENIENT, AND [05:07:55] ENVIRONMENTAL MODES OF TRANSPORTATION. [INDISCERNIBLE] WAS [05:08:03] FOUNDED IN GENERAL 2017 AND IN THE PAST TWO YEARS SEEN LIME GROW [05:08:10] IN PRESENCE, AND WE HAVE PROVIDED OVER 35 MILLION RIDES TO RIDERS [05:08:16] ACROSS THE WORLD. PEOPLE ARE CHOOSING TO TRAVEL BY SCOOTER NOT [05:08:22] ONLY BECAUSE IT IS EASY AND AFFORDABLE, BUT THEY ARE FUNCTIONAL. [05:08:31] 30% ARE USING THEM TO GET TO SCHOOL AND WORK AND 35% ARE USING [05:08:36] THEM TO GET TO DINING AND ENTERTAINMENT. WE HAVE SOME CONCERNS [05:08:42] OVERALL LIME IS ENCOURAGE BY FIRST STEP THAT SB COG DRAFT [05:08:49] GUIDELINES REPRESENTS THEY ARE A REFLECTION OF SINCERE EFFORT OF [05:08:57] THE COG -- DOCUMENT SHARED MOBILITY SYSTEMS TO EXIST IN THE SOUTH [05:09:02] BAY COMMUNITIES WE LOOK FORWARD TO PROVIDING ADDITIONAL FEEDBACK [05:09:06] TO STAFF. LIME CAN BRING TRANSPORTATION OPTIONS TO HERMOSA BEACH [05:09:13] RESIDENTS WE ARE. HOPEFULLY, WE CAN WORK WITH YOU TO MAKE IT A [05:09:17] REALITY. CONSIDER LIMES RESPECTFUL RECOMMENDATION THAT YOU VOTE [05:09:22] TO MOVE FORWARD WITH PARTICIPATING IN SOUTH BAY SHARED MOBILITY [05:09:27] PILOT PROGRAM. THANKS FOR YOUR TIME AND ALLOWING LIME TO BE PART [05:09:33] OF THE DECISION-MAKING PROCESS. 65 of 75 [05:09:34] >> THANK YOU. [05:09:39] >> STEVE? [05:09:40] >> AFTER STEVE IS DAVID. [05:09:44] >> THANK YOU. [05:09:45] >> GOOD EVENING, MAYOR ARMATO AND MEMBERS OF THE COUNCIL [05:09:52] AND STAFF. I'M STEVE COLLINS AND RESIDENT OF REDONDO BEACH. [05:10:00] BIKE COALITION AND -- AND I'M HERE TO SPEAK ON BEHALF OF MY [05:10:11] COMPANY. DOCKLESS BIKE SHORE WAS A PANACEA AND TOOK US BY STORM [05:10:16] AND WOULD SOLVE OUR TRANSPORTATION PROBLEMS SMALL TRIPS AND LAST [05:10:21] MILE SOLUTION TODAY USE OF DOCKLESS BIKE SHARES IS GONE LIME THAT [05:10:26] SPOKE HERE PULLED ALL BIKES OUT OF SEATTLE AND SANTA MONICA TREND [05:10:32] ACROSS COUNTRY IS THE SAME PEOPLE ARE NOT INTERESTED IN RIDING [05:10:35] BIKES FROM POINT A TO POINT B. CONVERSATION MOVED TO SCOOTERS [05:10:41] CONCERNED IN SCOOTERS TRADITIONAL BIKE BUSINESS OPERATORS HAVE [05:10:46] NOT BEEN ABLE TO KEEP RIDERS OFF THE STRAND OR SIDEWALKS WE TALK [05:10:50] ABOUT EDUCATION WHO AMONG US BY AGE 10 DIDN'T KNOW WE ARE NOT [05:10:55] SUPPOSED TO RIDE OUR SCOOTERS ON A SIDEWALK. IT IS LIP SERVICE. [05:11:01] THEY DON'T MEAN IT ON THE STRAND TO SEE THE STRAND. IF THEY [05:11:07] CAN'T KEEP SCOOTERS OFF THERE, WE HAVE TO GET IN THAT BUSINESS. [05:11:12] WE DON'T WANT TO. IT IS UNSAFE. STATISTICS I SHARED WITH YOU [05:11:17] EARLIER BY E-MAIL. SANTA MONICA, 241 PEOPLE WENT TO THE [05:11:25] EMERGENCY ROOM BECAUSE OF SANTA MONICA PROGRAM FOR SCOOTER SHARE. [05:11:30] HAD THEY NOT HAVE HAD A PROGRAM, THOSE 249 PEOPLE WOULDN'T HAVE [05:11:35] GONE TO THE HOSPITAL. THIS IS A CALCULATION THAT DOESN'T GET [05:11:38] TALKED ABOUT ENOUGH. SEATBELTS AND SMOKING AND HELMET LAWS, THIS [05:11:43] IS THE BIGGEST STEP BACKWARDS IN PUBLIC SAFETY I CAN RECALL IN MY [05:11:50] LIFETIME. IF SANTA MONICA HAVE APPARATUS ON SIDEWALKS, WE [05:11:56] PRESUMED THEY VETTED THOSE VEHICLES. PEOPLE COME TO THEIR TOWN, [05:12:01] AND THEY CAN TRUST THAT SANTA MONICA CAN HANDLE THEM. THEY [05:12:07] CAN'T. THEY ARE TOO FAST AND NOT SUITABLE FOR RIDING OVER [05:12:12] POTHOLES AND RUNNING INTO CURBS AND PEOPLE HAVE LOTS OF SOLO [05:12:16] ACCIDENTS AND THIS IS NOT GETTING ATTENTION. WE ARE GUNG HO FOR [05:12:20] LAST MILE THING PAY ATTENTION TO MORE IMPORTANT COSTS HOW MANY [05:12:24] PEOPLE WILL WE TRADE WELL-BEING OF FOR THIS EXPERIMENT? [05:12:31] COG PLAN NEEDS ADDITIONAL WORK. IT IS NOT READY. THEY [05:12:37] WON'T ENFORCE LAWS ON THE STRAND, WHICH, I THINK, WILL BE A [05:12:42] PROBLEM FOR US. WE HAVE TO DO LOTS OF WORK ON COG PROGRAM BEFORE [05:12:46] WE CONSIDER ADOPTING IT. THANK YOU. [05:12:48] >> THANK YOU, STEVE. DAVID? [05:12:51] >> AFTER DAVID IS TIM. [05:12:56] >> I WILL MAKE REMARKS THAT MIGHT FACILITATE HOW YOU THINK [05:13:01] OR TALK ABOUT THIS. WE KNOW THIS IS COMING AND YOU READ A LOT [05:13:07] ABOUT IT IN THE MEDIA. I'M GLAD WE ARE WORKING THROUGH THE COG. [05:13:11] IT IS BETTER TO GET AHEAD OF IT THAN NOT BE AHEAD OF IT. THE [05:13:15] CONCEPT I WANT TO SHARE IS THIS CAN BE A DIFFICULT TOPIC TO TALK [05:13:19] ABOUT SOMETIMES. SO MANY DIFFERENT FACETS TO IT AND TECHNOLOGIES [05:13:24] COMING INTO PLAY. WE SEEM TO HAVE DIFFERENT OPTIONS. JUST 66 of 75 [05:13:31] TALKING ABOUT IT LET ALONE REGULATING IT AND HARMONIZING. IT IS [05:13:36] A CHALLENGE. THE WAY I LOOK AT IT IS THERE ARE THREE [05:13:40] CHARACTERISTICS SPN. IT IS SHARED. IT COULD BE POWERED OR IT [05:13:47] COULD BE NOT A BIKE. THAT IS IT IS A LESS TRADITIONAL TYPE OF A [05:13:52] DEVICE. THE THING WITH THE SHARED IS THE PEOPLE DON'T HAVE IT [05:13:57] WITH THEM NECESSARILY ALL THE TIME GOING FROM POINT A TO B. AND [05:14:03] ONE THING YOU GET WITH THAT, A LOT IS CLUTTER THAT SHOWS UP AND [05:14:07] CHANCES IT CAN BE OBSTACLE IN YOUR WAY AND OTHER PROBLEMS WITH [05:14:11] THAT THING WITH IT BEING POWERED. IT CAN GO FAST NOT THAT OTHER [05:14:16] THINGS CAN'T. [05:14:19] IT COULD BE LOUD AND SOMETHING YOU ARE NOT USED TO. HAS [05:14:23] ENHANCED RISK IN TERMS OF SAFETY HAZARDS. [05:14:28] THIRD THING, BIKES. PEOPLE ARE USED TO IT RIDING THEM. [05:14:33] RODE ALL THEIR LIVE AND RULES OF THE ROAD TO NOT OPERATE IN THE [05:14:37] STREETS AND VEHICLE CODES RELATED TO OTHER DEVICES NOT ALWAYS [05:14:43] CLEAR HOW IT WORKS IN PRACTICE. WHAT HAPPENS IS OPTIONS HAVE [05:14:48] MULTIPLE CHARACTERISTICS. YOU HAVE A LIME SCOOTER THAT IS [05:14:53] POWERED AND NOT A BIKE AND SHARED. IT HELPS IN YOUR MIND WHEN [05:15:01] GIVEN AN ITEM THINK OF SPM, WHICH OF THE THREE CHARACTERISTICS IS [05:15:06] THERE YOU HAVE TO DEAL WITH IN TRYING TO EVALUATE IT. THAT IS [05:15:13] SOMETHING HELPING ME. I NOTICED ONLINE SURVEY. HOW DO YOU FEEL [05:15:21] ABOUT DEVICES. PEOPLE WERE CONFUSED WITH MIXING ELECTRIC BIKES [05:15:29] WITH SCOOTERS. I THOUGHT I WOULD SHARE MY WAY OF LOOKING AT IT. [05:15:33] IT ALSO GOES TO THESE TEND TO ENHANCE EXISTING PROBLEMS. [05:15:38] SOMEBODY COULD BE RIDING 20 MILES PER HOUR ON STRAND, AND IT IS [05:15:44] STILL A PROBLEM. IN A WAY, IT IS HARD TO TALK ABOUT IT AND [05:15:50] REGULATE IT, AND IT SEEMS TO BE MORE COMPLEX AND ENHANCES ALL [05:15:55] PROBLEMS WE HAVE. GOOD LUCK WITH THE CHALLENGE. [05:15:58] >> THANK YOU. [05:16:06] >> TIM? [05:16:07] >> GOOD EVENING. I AM TIM, AND I KNOW IT IS LATE. I WOULD [05:16:12] LIKE TO KEEP IT SHORT. -- DRAFTED OVER THE PAST SIX MONTHS. WE [05:16:17] HAVE A FEW CONCERNS BUT WORKING GROUP IS WORKING WITH PROVIDERS [05:16:22] TO HAVE A SUCCESSFUL PILOT PROGRAM. I ASK FOR OPERATORS [05:16:28] RESPONSES, AND FIRST IS THE STRAND. I KNOW COMMUNITY DOESN'T [05:16:31] WANT MOTOR DEVICES ON THE BIKE PATH. WE HAVE TECHNOLOGY TO BRING [05:16:35] DOWN SPEEDS, SO MOTOR IS INEFFECTIVE THUS MAKING SCOOTER ONLY [05:16:40] MOVE VIA HUMAN POWER. PARKING LOCATIONS AROUND THE CITY [05:16:46] ENCOURAGE THEM TO PARK IN THOSE LOCATIONS. WE WORK WITH EACH [05:16:53] UNIQUE COMMUNITY TO WORK ON THOSE NEEDS. YOU CAN'T PARK ANYWHERE [05:17:00] ON BEACH BIKE PATH. I SHARED WITH A COUPLE OF YOU STUDY DONE BY [05:17:10] SAN JOSE STATE UNIVERSITY SHOWED 90% NOW PARK IN APPROPRIATE [05:17:16] LOCATIONS EDUCATION WORKS WE APPROACH TWO YEARS OPERATIONS AND [05:17:21] CONSTANT [INDISCERNIBLE] OF RIDERS SHOWED US RIDER EDUCATION AND [05:17:27] -- WE WORK WITH POLICE AGENCIES WE DO CONSTANT SOCIAL MEDIA AND [05:17:39] CAMPAIGNS TO EDUCATE WRITERS AND COMMUNITY EVENTS. I CAN'T REACH [05:17:46] PRIVATE PEOPLE USING DEVICES BUT PUBLIC ONES AND EDUCATE THEM ON 67 of 75 [05:17:54] -- OUTREACH EDUCATION EVENTS IN COMMUNITY WE -- IS [READING FROM [05:18:02] TEXT] WE DID IT WITH 311 IN LA. SCOOTER IS REPORT INCORRECTLY [05:18:07] PARKED IT GOES TOT OPERATOR TO RESOLVE AND COMMUNITY REPORT [05:18:12] IMPROPER BEHAVIOR AND PARKING AND SEEN THAT AFTER WE DO RIDER [05:18:17] EDUCATION. AFTER WE DO RIDER EDUCATION AND E-MAIL BEHAVIOR [05:18:23] CHANGES THIS WON'T BE SAN DIEGO OR OTHER CITIES SEEN SCOOTERS [05:18:29] EVERYWHERE. -- ENCOURAGES PEOPLE TO USE SHARED MOBILITY OVER A [05:18:36] CAR. ONE THING THAT GOT LOST IN THE CONVERSATIONS NIGHT IS DATA [05:18:40] I ASK YOU DATA SHARED PROVIDERS -- SUSTAINABILITY AND CARMEN [05:18:50] NEUTRAL. SHOW THE WORLD IS SHOWING US THAT 1/3 OF RIDERS WOULD [05:18:55] HAVE USED PERSONAL CAR OR UBER OR LYFT IF DIDN'T WANT -- SUPPORT [05:19:01] SUSTAINABLE AFFORDABLE SAFE CONVENIENT WAYS OWE GET FROM POINT [05:19:05] THE A TO POINT B WITHOUT JUMPING IN A CAR. THANK YOU FOR YOUR [05:19:11] TIME. [05:19:12] >> THANK YOU, TIM. ANYONE ELSE FOR PUBLIC COMMENT? SEEING [05:19:16] NO ONE. I WILL CLOSE PUBLIC COMMENT AND BRING IT BACK UP HERE [05:19:20] FOR DISCUSSION. WHO WOULD LIKE TO START US OFF? COUNCILMEMBER [05:19:25] MASSEY? [05:19:26] >> OF COURSE. [05:19:27] >> AUDIENCE: [LAUGHING]. [05:19:28] >> OKAY. I TALKED TO BOTH SIDES OF THE DEBATE THAT WANTED [05:19:39] TO ENGAGE, AND I THOUGHT ABOUT THIS A LOT AND CONSIDERED PUBLIC [05:19:43] COMMENT A BIT. AS I SHARED WITH A COUPLE PEOPLE WHO SPOKE WITH [05:19:49] TODAY ON EITHER SIDE OF THE ISSUE. MY POSITION IS AS IT WAS WHEN [05:19:53] WE SPOKE ABOUT THIS LAST TIME. I THINK IT IS PROBABLY BEST [05:19:57] ENCAPSULATED BY CIVIC VIDEO YOU CAN FIND ON EASY RIDER WEBSITE. [05:20:07] A COUPLE OTHER PEOPLE WHOSE NAMES ESCAPE ME IN A MINUTE. TOPIC [05:20:13] THEY DISCUSSED IS SHARED MOBILITY DEVICES AND SCOOTER SHARE. [05:20:17] CONSENSUS WAS FOLKS WERE SUPPORTIVE OF IT RECOGNIZING IT CAN BE A [05:20:23] NUISANCE AND CAN CREATE PUBLIC SAFETY ISSUES IF WELL-MANAGED THEY [05:20:30] HAVE SIGNIFICANT UPSIDE TO COMMUNITIES IN TERMS OF EXPANDING [05:20:34] TRANSPORTATION OPTIONS AND ACHIEVING BROADER GOALS OF [05:20:39] SUSTAINABILITY AND SO ON. IT ENCAPSULATES WHERE I AM COG [05:20:45] GUIDELINES NEED SOME WORK, I THINK. I THINK IT IS PRIMARILY [05:20:50] SECTION 8, WHICH IS ENFORCEMENT. IT SAYS THAT CITIES WILL [05:20:54] ENFORCE. I WOULD LIKE PROVISIONS IN THERE THAT REQUIRE [05:21:02] STATE-OF-THE-ART DEPLOYMENT OF THE TECHNOLOGY THAT PROVIDERS HAVE [05:21:07] TO IDENTIFY AND RID THE PLATFORM OF VIOLATORS WHETHER PEOPLE WHO [05:21:16] PARK IN THE WRONG PLACE AND WHETHER PEOPLE THAT RIDE IN THE WRONG [05:21:20] PLACE. ULTIMATELY, RIDING OFF THE STREET AND PARKING OFF THE [05:21:24] STREET ARE WHERE THE PROBLEMS HAPPEN IT SEEMS TO ME. IF RIDING [05:21:28] ON THE STREET YOU ARE LIKE ANY OTHER VEHICLE IF RIDING ON STRAND [05:21:32] PIER PLAZA, LORETO PLAZA, OR AT PARKS OR SIDEWALKS. YOU ARE A [05:21:41] PROBLEM. WE DON'T WANT YOU IN HERMOSA BEACH, AND LIME AND BIRD [05:21:46] DON'T WANT YOU RIDING THEIR SCOOTERS. THEY ARE NOT ONLY [05:21:50] LIABILITY FROM RIDING SCOOTERS BUT FROM REPRESENTATIONAL [05:21:58] PERSPECTIVE. GUIDELINES OF HERMOSA BEACH WOULD PUT DOWN NEED TO 68 of 75 [05:22:04] ARE THAT THE INDUSTRY STATE OF THE ART IN TERMS OF TECHNOLOGY [05:22:10] THEY APPLY TO MAKE SURE PEOPLE USING THEIR SCOOTERS ARE USING [05:22:14] THEM CONSISTENT WITH NOT ONLY OPERATOR EXPECTATIONS BUT OUR [05:22:19] EXPECTATIONS AS A COMMUNITY ARE DEPLOYED TO MAXIMUM EFFECT TO [05:22:25] MAKE SURE PEOPLE USING SCOOTERS WILL PARK AND USE THEM [05:22:30] RESPONSIBLY. [05:22:31] TWO OTHER THINGS I WILL MENTION. [05:22:42] HELMETS, STATE LAW DOESN'T REQUIRE HELMETS TO BE USED ON [05:22:48] UNSHARED SCOOTERS. I WOULD LIKE US TO REQUIRE OPERATORS TO [05:22:52] INCENTIVIZE SCOOTERS. EXCUSE ME. USE OF HELMETS MONETARILY. [05:23:05] DISCOUNT FOR USERS TO DEMONSTRATE THEY ARE USING A HELMET. NOT [05:23:10] SURE IF PERCENTAGE DISCOUNT OR BIRD IS DOING PILOT IN FLORIDA AS [05:23:15] I UNDERSTAND IT FROM TIM, A DOLLAR DISCOUNT OFTEN RIDES FOR [05:23:20] PEOPLE TO USE THEIR HELMETS. WE HAVE TO PROVIDE FINANCIAL [05:23:25] INCENTIVE FOR PEOPLE TO USE HELMETS. I THINK PEOPLE THAT USE [05:23:28] THESE MOST AND FOR LONGEST TRIPS WILL BE PEOPLE THAT USE THEM FOR [05:23:33] COMMUTING PURPOSES AND OTHERWISE THEY ARE THE TYPE OF USER THAT [05:23:36] IS LIKELY TO SAVE SIGNIFICANT MONEY IF THEY ARE USING THEM [05:23:40] FREQUENTLY ENOUGH BY WEARING A HELMET THAT KIND INCENTIVE WILL BE [05:23:45] MEANINGFUL IN INCREASING BEHAVIOR AND SAFETY OF USAGE AND WITH [05:23:50] RESPECT TO REVENUE BIRD PREVIOUSLY ADVISED THAT THEY HAD A [05:23:57] PROGRAM BY WHICH THEY WOULD PAY CITIES IN WHICH THEY OPERATED A [05:24:01] DOLLAR PER SCOOTER PER DAY THAT IS NO LONGER THE CASE. IN [05:24:13] LOOKING AT HOW YOU WOULD HAVE REVENUE THAT GOES TO ABILI TY TO [05:24:16] PRODUCE COG GUIDELINES CONSISTENT WITH COMMUNITY EXPECTATIONS, I [05:24:23] LOOK FOR COMPARATIVE ANALYSIS AS TO HOW RENTAL CARS ARE TAXED. [05:24:31] THEY ARE A DIFFERENT MODE OF TRANSPORTATION BUT RENTED FOR PERIOD [05:24:36] OF TIME TO GET YOU FROM POINT A TO POINT B AND USAGE FOR TIME [05:24:41] PERIOD YOU RENT IT. CLOSEST ANALOG I COULD FIND WAS ENTERPRISE [05:24:46] CAR RENTAL WE HAVE AT PCH AT 7TH OR 9TH STREET OR 6TH OR 7TH. I [05:24:56] CLICKED THROUGH TO SEE WHAT RENTING A CAR WOULD BE TO SEE WHAT [05:25:02] THE TAXES WERE ENTERPRISE WEBSITE WHEN YOU RENT A CAR. IN [05:25:07] ADDITION TO THE RENTAL FEE, YOU ARE CHARGED A SALES TAX OF 9.5%. [05:25:15] NOT SURE HOW IT IS CALCULATED -- AND HERMOSA BEACH CITY TAX. I [05:25:24] TALKED TO TIM ABOUT THAT. MY UNDERSTANDING CLEARLY IS ANY [05:25:31] OPERATOR RENTING SCOOTER RIDE IN ANY EVENT SCOOTER RIDES IN [05:25:47] HERMOSA BEACH WOULD GENERATE SCOOTER REVENUE WE WILL GET OUR [05:25:56] PORTION OF THAT BACK ON TOP OF THAT, WE AS A CITY HAVE THE [05:26:00] ABILITY TO ASSESS A PER RIDE FEE. SO FOR EXAMPLE PORTLAND OREGON [05:26:08] ASSESSES $0.25 PER RIDE FEE. WE CAN DO BETTER THAN THAT NO [05:26:17] OFFERS TO BIRD AND LIME IN THE AUDIENCE. I THINK WE CAN PROBABLY [05:26:21] ASSESS A $0.30 PER RIDE FEE OR SOMETHING LIKE THAT. WE ARE A [05:26:26] HIGHLY DESIRABLE MARKET. THIS IS A PROFITABLE ENTERPRISE. WE [05:26:37] DESERVE TO GENERATE REVENUE TO ENFORCE IT TO USE IT PROPERLY TO [05:26:44] ACHIEVE GOALS WE HAVE WITHOUT COMPROMISING WHAT COMMUNITY [05:26:48] EXPECTATIONS ARE THANKS TO REPRESENTATIVES FROM BIRD AND LIME AND [05:26:53] STEVE COLLINS FOR BEING HERE AND PROVIDING DETAILED INFORMATION 69 of 75 [05:26:58] FOR HIS THOUGHTS THANKS LEANNE FOR WORKING WITH COG WE HAVE TO GO [05:27:03] BACK TO COG AND BEEF UP SECTION 8 IN TERMS OF ENFORCEMENTS AND [05:27:08] REST OF MY COMMENTS HAVE TO BE INCORPORATED INTO COG GUIDELINES [05:27:13] IF COG MEMBERS ARE WILLING OR MOVE FORWARD TO OPT INTO THE PILOT [05:27:18] PROGRAM WHICH I'M SUPPORTIVE OF THAT OUR RULES FOR CITY OF [05:27:22] HERMOSA BEACH CAPTURE THE THOUGHTS THANK YOU. [05:27:27] >> THANK YOU FOR LEADING OFF THE DISCUSSION. COUNCILMEMBER [05:27:31] DUCLOS? [05:27:32] >> THANK YOU, MADAM MAYOR. A COUPLE OF THINGS. THIS PLAN [05:27:39] PROPOSED IS PILOT MOBILITY PLAN THAT IS 12 MONTHS AND TEMPORARY [05:27:47] PLAN. SO PEOPLE ARE CLEAR WHAT WE ARE TALKING ABOUT HERE IS NOT [05:27:53] AUTHORIZING THE PLAN, BUT DO WE WANT TO PARTICIPATE MOVING [05:27:57] FORWARD? SEEMS TO ME PRETTY CLEAR WE SHOULD JOIN THIS EFFORT AND [05:28:13] SEE WHERE IT TAKES US IN TERMS OF WHEN THEY RETURN WITH. [05:28:20] COMPLETE CONFIDENCE IN TERMS OF STAFF AND LEANNE AND HER ABILITY [05:28:24] TO ARTICULATE HER NEEDS AND MAKE SURE IT IS A PLAN TO CARVE O UT [05:28:29] OUR SPECIFIC INTEREST. I SHARE WITH COUNCILMEMBER MASSEY'S [05:28:44] IMPORTANCE INCENTIVIZING HELMETS BIRD AND OTHERS HAVE PROGRAMS [05:28:49] THAT DO THAT, SO I WOULD WANT TO SEE ALL OF THE WAYS WHICH WE [05:28:52] COULD MAXIMIZE THAT. I AGREE ENFORCEMENT IS IMPORTANT IN TERMS [05:29:02] TO LOOK AT AND ALSO EDUCATION FROM A LOCAL ASPECT. I WOULD LIKE [05:29:07] TO SEE WHATEVER THE PLAN IS FOR EDUCATION IS TAILORED AND IS [05:29:11] WORKING IN CONCERT WITH THE CITY IN TERMS OF MAKING SURE IT MEETS [05:29:16] OUR NEEDS MOVING FORWARD. PEOPLE TEND TO MAKE LOTS OF [05:29:22] ASSUMPTIONS IN TERMS OF ALL OF A SUDDEN WE WILL BE OVERRAN ON THE [05:29:26] STRAND THERE ARE AREAS THAT ELECTRIC VEHICLES ARE PROHIBITIVE. [05:29:31] THAT IS ONE OF THEM AS OUR PLAZA AND PIER AND SIDEWALKS AND SO [05:29:37] FORTH. I DON'T THINK WE SHOULD MAKE ANY ASSUMPTIONS THAT ALL OF [05:29:41] A SUDDEN THAT WILL CHANGE. WE KNOW IT WILL INCREASE. I THINK WE [05:29:45] CAN'T -- YOU KNOW, I THINK WE ALL HAVE BEEN WAITING YOU KNOW FOR [05:29:49] THE PLAN TO EMERGE YOU KNOW FOR CITIES. LOTS OF CITIES LIKE [05:29:55] OURSELVES HAVE BEEN SITTING BACK WAITING TO SEE THIS NEW [05:30:00] DISRUPTIVE TECHNOLOGY HOW DOES IT SETTLE OUT AND WORK FOR OUR [05:30:05] CITIES WE ARE NOT THERE YET REMAINS TO BE SEEN FOR A GREAT [05:30:10] MEASURE WE DEFINITELY SHOULD BE PART OF THE PROCESS MOVING [05:30:15] FORWARD AND TO FIGURE OUT A WAY IT CAN WORK FOR US. [05:30:21] ALSO, HOW WE CAN BENEFIT FROM WHAT BRINGING THIS IN WILL DO [05:30:29] IN TERMS OF FINANCIALLY AND OTHERWISE AND IN TERMS OF THINGS THAT [05:30:34] WILL HELP US AS A CITY TO DEAL WITH A PROBLEM THAT WILL CONTINUE [05:30:42] TO BE EMERGING. WE KNOW THAT WE KEEP TALKING ABOUT THESE [05:30:49] ELECTRIC SCOOTERS AND SO FORTH AS A SPECIFIC EXAMPLE. WE DON'T [05:30:55] LOOK AT THE FACT THAT YOU KNOW WE ALSO HAVE THIS TRAM END [05:30:59] INCREASE OF ALL KINDS OF ELECTRIC COMPONENTS FROM SKATEBOARDS TO [05:31:05] ELECTRIC BIKES TO WHATEVER THAT ARE PRIVATELY OWNED. I WAS AT -- [05:31:11] THE PLAZA, I THINK IT WAS LAST WEEK. I SAW A KID ON A PRIVATE [05:31:21] SCOOTER MUST NOT HAVE BEEN OF AGE GOING 30 OR 40 MILES DOWN THE [05:31:26] MIDDLE OF THAT. NOT THAT YOU COULD STOP HIM TO TELL HIM; RIGHT? 70 of 75 [05:31:30] SO WE KNOW THEY ARE THERE, AND IT IS ISSUE. WE SHOULD AVAIL [05:31:37] ON AS MUCH INPUT AS WE CAN GET IN TERMS OF HOW WE MIGHT MANAGE [05:31:43] IT. YES. I BELIEVE WE SHOULD PARTICIPATE MOVING FORWARD WITH [05:31:49] HOLDING JUDGMENT ON FINAL PRODUCT ONCE WE SEE IT AND ADDITIONAL [05:31:56] THINGS REALLY MAKING SURE THAT THE PLAN MEETS OUR NEEDS IF IT [05:32:02] COMES BACK TO US AND TAKES CONSIDERATION IN TERMS OF OUR [05:32:07] PARTICULAR CONCERNS. THANK YOU, MADAM MAYOR. [05:32:10] >> THANK YOU. I WILL OFFER MY $0.02 REALLY QUICKLY. I [05:32:14] HAVE CONCERNS ABOUT MOVING FORWARD WITH A JOINT OR SHARED PROGRAM [05:32:23] WITH NEIGHBORING CITIES RIGHT NOW. BIRD WAS ANY THINK FOUR [05:32:28] CITIES A YEAR AGO. NOW THEY ARE IN 128. LET'S LET THEM KEEP [05:32:33] GROWING AND IRONING OUT THE KINKS NOT ON US BUT IN OTHER CITIES [05:32:39] THAT HAVE THE CAPACITY TO DO THIS. I THINK WE HAVE HEARD OUR OWN [05:32:45] ENFORCEMENT ISSUES. WE ARE NOT THERE YET. WE ARE IN THE WARNING [05:32:50] STAGE. NOW WE NEED TO RAMP UP AND IMPLEMENT CITATIONS WHICH NOW [05:32:55] SOUND LIKE AND WE HEARD IT BEFORE, THE CSO OFFICERS DON'T WANT TO [05:33:01] BE IN A CONFRONTATIONAL SITUATION AND HAVE TO DEAL WITH THAT [05:33:07] WITHOUT AN OFFICER THERE. I SEE THEIR CONCERN. WE HAD THE SAME [05:33:13] CONVERSATION ABOUT CITATIONS FOR DRUNK IN PUBLIC WHAT IF [05:33:20] CONFRONTATION OCCURS? THEY AREN'T EQUIPPED TO HANDLE THOSE NOT [05:33:27] SAYING EVERY SCOOTER WILL BE VIOLENT BUT IN ANY EVENT. I THINK [05:33:31] WE NEED TO GET A BETTER GRASP ON THIS. PUSHING THIS OUT MAYBE A [05:33:37] COUPLE MONTHS OR TOWARDS END OF SUMMER AND SEE WHERE SHARED [05:33:45] MOBILITY SECTOR IS AT THAT POINT. I WILL SAY THAT PEOPLE WILL [05:33:49] USE IT ON THE SIDEWALK. THEY DO IT EVERY DAY IN BRENTWOOD. IT [05:33:55] DRIVES ME NUTS. BY THE WAY, NOBODY WILL WEAR A HELMET. NOBODY [05:34:01] WEARS A HELMET. STEVE, ARTICLE YOU SENT BY UCLA. EVERYBODY [05:34:08] SHOULD READ IT. IT CAME OUT IN JANUARY. IT IS SCARY. FRANKLY, [05:34:13] IF WE ARE GOING TO MINIMIZE RISK OF INJURY, WE HAVE TO REALLY [05:34:17] HAVE A FIRM GRASP ON THINGS HERE IN TOWN BEFORE WE START INVITING [05:34:25] HUNDREDS AND HUNDREDS OF SCOOTERS INTO THE COMMUNITY. IT IS [05:34:32] RIGHT HERE. RESEARCHERS EXAMINE DATA FROM 249 PEOPLE WHO [05:34:36] RETREATED AT EMERGENCY DEPARTMENTS OF JUST UCLA AND SANTA MONICA [05:34:42] AND RONALD REAGAN BETWEEN SEPTEMBER 1ST AND AUGUST 31ST, 1/3 [05:34:51] ARRIVED BY AMBULANCE, WHICH WAS INDICATION OF THEIR INJURIES. IT [05:34:57] CREATES CLUTTER THAT. I DON'T KNOW OUR CODE ENFORCEMENT STAFF IS [05:35:01] EQUIPPED TO HANDLE WHEN YOU TALK ABOUT HUNDREDS OF SCOOTERS AND [05:35:10] POTENTIALLY BIKES COMING INTO TOWN. I DO THINK WE HAVE AN ISSUE [05:35:16] WITH INTOXICATED FOLKS. EVEN DURING THE DAY AND ON THE WEEKENDS [05:35:24] AND POTENTIALLY HOPPING ON TO ONE OF THESE THINGS INCREASING THE [05:35:30] RISK NOT ONLY TO THEMSELVES BUT TO OTHER PEOPLE TRAVERSING [05:35:34] THROUGH TOWN. [05:35:35] I'M HAPPY TO BRING THIS BACK IN A FEW MONTHS ONCE WE HAVE A [05:35:41] BETTER GRASP ON OUR OWN CODE ENFORCEMENT AND CITATION ISSUANCE. [05:35:47] AND THE WHOLE MARKET GETS A LITTLE MORE REFINED AND WE CAN [05:35:53] LOOK TO OTHER CITIES FOR EXEMPLARY EXAMPLES AS TO HOW WE CAN MOVE [05:35:59] THIS FORWARD WITH THE CITIES. THOSE ARE MY $0.02. 71 of 75 [05:36:03] COUNCILMEMBER FANGARY? [05:36:12] >> THANK YOU, MAYOR. I WANTED TO MENTION I HAVE SPOKEN TO [05:36:16] TIM EARLIER TODAY FROM BURT AND ALSO DON'T KNOW IF WE COLLECTED [05:36:22] RECEIPT. I RECEIVED NUMEROUS E-MAILS FROM PEOPLE ENCOURAGING US [05:36:26] TO PLEASE CONSIDER USING SCOOTERS OR EVALUATE USING THEM. I WILL [05:36:31] MENTION SOME COMMENTS AND THOUGHTS BASED ON MY CONVERSATIONS. [05:36:36] AND BASED ON MY REVIEW OF THE STAFF REPORT, I THINK IT IS VERY [05:36:40] THOROUGH AND HELPFUL TO ISSUES WE TALKED ABOUT BEFORE AND WOULD [05:36:46] LOOK TO TALK ABOUT NOW. I'M OKAY WITH US CONTINUING WORKING WITH [05:36:52] SOUTH BAY COG TO EVALUATE ISSUE AND PARTNER WITH OTHER CITIES TO [05:36:58] EVALUATE WHERE WE GO. THERE ARE THINGS WE NEED TO BE AWARE OF. [05:37:06] I WILL THROW THOUGHTS ABOUT US TO CONSIDER AND FACTOR INTO OUR [05:37:10] EFFORTS [INDISCERNIBLE] IS AVAILABLE TO LIMIT SCOOTERS FROM AREAS [05:37:15] WE DON'T WANT THEM TO BE. STRAND IS ONE AREA THAT IMMEDIATELY [05:37:20] COMES TO MIND AND FROM MY DISCUSSION FROM BIRD THERE IS A PROCESS [05:37:24] TO NOT PERMIT A WRITER TO LOCK OR CLOSE YOUR RIDE IN CERTAIN [05:37:30] AREAS SO YOU CAN'T LEAVE YOUR SCOOTER THERE. PROGRAM AND WRITER [05:37:44] CAN'T TERMINATE RIDE ON AREAS. WE DON'T WANT THEM TO LEAVE [05:37:48] SCOOTERS THERE. THERE IS SPEED LIMIT THAT CAN BE PROGRAMS INTO [05:37:52] THERE. WE DON'T WANT THEM TO BE ON STRAND BUT IN AREA THAT HAS A [05:37:57] 10 OR 15-MINUTE OR 15 MILES AN HOUR LIMIT TO BE PROGRAMS INTO THE [05:38:03] SOFTWARE. [05:38:04] I HAD A DISCUSSION WITH BIRD TODAY ABOUT WHAT HAPPENS IF A [05:38:12] SCOOTER IS NOT LOCKED EXAMPLE IS TAKING SCOOTERS OUT AND BAR IN [05:38:18] HERMOSA BEACH AREA DOESN'T ALLOW ME TO LOCK THE SCOOTER. I WILL [05:38:24] GO HAVE A BEER AND GO BACK LATER. IT IS NOT IN THE AREA WHERE IT [05:38:33] IS SUPPOSED TO BE LEFT. IT IS NOT SOMETHING OPERATORS CAN DO, [05:38:37] HAVE A TRIGGER IF SCOOTER IS NOT LOCKED WITHIN 28 OR 38 MINUTES [05:38:43] NOT USED IN THE TIMEFRAME BURT CALLED THEM BIRD WATCHERS. THEY [05:38:50] COME AND FIND BIRD IF IN AREA NOT SUPPOSED TO BE THERE. FOR ME, [05:38:54] ALSO, I THOUGHT ABOUT IT TODAY. IT COULD CREATE A SAFETY HAZARD [05:39:00] OR ISSUE IF SOMEBODY DIDN'T LOCK IT BECAUSE THEY GOT INJURED IT [05:39:04] IS SITTING AROUND FOR 20 MINUTES ACTUAL INJURIES NEEDING HELP NOT [05:39:09] BIRD WATCHERS WILL BE 911 BUT IF PROCESS TO MONITOR SCOOTERS THAT [05:39:15] ARE NOT LOCKED MAY ALSO BE BENEFIT FOR PUBLIC SAFETY. I DON'T [05:39:19] KNOW THE QUESTION ABOUT HELMETS. I DON'T SEE THEM ANYWHERE. [05:39:23] THEY ARE ALL OVER DOWNTOWN LA. I DON'T KNOW ENOUGH ABOUT HELMETS [05:39:28] OR ISSUE HELMETS WOULD BE SAFER. I DON'T SEE IT SIGNIFICANTLY [05:39:33] CHANGING. IT IS MY VIEWPOINT. SANTA MONICA AND CULVER CITY -- I [05:39:44] URGE OUR STAFF OR SOUTH BAY GOVERNMENTS IF WORKING THROUGH TO [05:39:48] CONNECT WITH SANTA MONICA AND CULVER CITY TO SEE WHAT WORKS FOR [05:39:55] THEM AND WHAT DOESN'T. EXAMPLE, I HAD A CONVERSATION TODAY ABOUT [05:39:59] BIRD AND WALKED TO GET MY BUS RIDE AND BUS STOP AT DOWNTOWN LA. [05:40:05] EIGHT BIRDS LAYING ON THE SIDEWALK WHERE BUS STOP IS RIGHT WHERE [05:40:09] PEOPLE LINE UP TO GET THE BUS. THE COMMUNITY TELLS US ABOUT [05:40:14] CLUTTER AND LEFT WHERE THEY ARE NOT SUPPOSED TO BE. THE SOLUTION [05:40:18] AND DESIGNATING OR PARTING SPOTS WOULD BE A GOOD WAY TO DO IT IF 72 of 75 [05:40:24] ALLOWED ANYWHERE IN THE SIDEWALK WILL. A IS EXTREME OF MILLIONS [05:40:29] OF PEOPLE BEING THERE IF WE HAVE AREA 5 OR 6 OF THE SCOOTERS AT [05:40:35] SOMEBODY'S FRONT YARD OR DOOR PEOPLE WOULDN'T BE VERY HAPPY ABOUT [05:40:39] THAT. I DON'T KNOW WHAT THE ANSWER IS. I LIKE STAFF'S [05:40:43] RECOMMENDATION ABOUT ENGAGING WITH OPERATORS FOR TRAINING AND [05:40:49] EDUCATION. I DON'T KNOW IF BIRD WATCHERS PROVIDE MY [05:40:53] UNDERSTANDING IS THEY SEEK EQUIPMENT LEFT SOMEWHERE AND IF THEY [05:40:57] PROVIDE TRAINING THAT WOULD BE HELPFUL AS WELL. PUBLIC SAFETY [05:41:02] ISSUE UNDERSTANDING IS FROM BIRD I HEARD TODAY PERCENTAGE OF [05:41:06] INJURIES RIDE .0007% THAT IS ACCURATE AND LOOKS LIKE A GOOD [05:41:16] NUMBER TO ME DON'T HAVE DATA TO COMPARE BETWEEN BIKE SCOOTERS AND [05:41:20] VEHICLE ACCIDENTS MAYBE TOO EARLY INTO THAT WOULD BE WORTH US [05:41:25] LOOKING INTO. WORKING WITH SOUTH BAY COUNCIL OF GOVERNMENTS IS A [05:41:31] GOOD TOOL. THEY HAVE LOTS OF CITIES THEY ARE WORKING WITH AND [05:41:36] PEOPLE ON STAFF. LEANNE, YOU ARE WORKING WITH THAT AND HAVE LOTS [05:41:39] OF BACKGROUND ON THE STUFF AS WELL. AS FAR AS PUBLIC SAFETY AND [05:41:44] TRAINING MY UNDERSTANDING IS IN CASE TO BIRDS THEY HAVE TUTORIAL [05:41:50] PROGRAM YOU HAVE TO WATCH THAT IS A MINUTE AND A HALF I DON'T [05:41:54] KNOW HOW MUCH TO LEARN MY UNDERSTANDING TAKES THREE TO [05:41:58] FIVE MINUTES NEW OPERATOR TO GO BE SIGNED ON AND IN THE ROAD [05:42:02] ESSENTIALLY IN FIVE MINUTES LIKE SPEED AND GETTING ON ROAD DON'T [05:42:07] KNOW IF FIVE MONTHS SOMEBODY NEVER BEEN ON SCOOTER TO BE SAFELY [05:42:12] ON SCOOTER AND COMFORTABLE WITH WHERE THEY ARE GOING. [05:42:16] LASTLY, IF WE DECIDE TO GO WITH A TRIAL PROGRAM MY RECOMMENDATION [05:42:21] LOOKING AT AMOUNT OF SCOOTERS DOWNTOWN OR LA AREA, MY [05:42:28] RECOMMENDATION WOULD BE TO STICK WITH TWO OPERATORS AND ONE [05:42:32] OPERATORS WOULD BE TOO MUCH OF A MONOPOLY. 3 OR 4 TOO MUCH. I [05:42:38] RECOGNIZED CASE OF THREE DIFFERENT NAMES OF SCOOTER OPERATORS IN [05:42:43] DOWNTOWN LA. YOU HAVE TWO OPERATORS MAYBE SO YOU HAVE SOME KIND [05:42:48] OF COMPETITION BUT DON'T GO TO MONOPOLY OR 4 OR 5 AND THEY HAVE [05:42:54] THEM ALL OVER THE PLACE. CONCLUDES MY COMMENTS THANK YOU MAYOR. [05:42:58] >> THANK YOU. MAYOR PRO TEM? [05:43:01] >> GREAT COMMENTS. I THINK WHERE I STAND IS IT IS [05:43:08] IMPORTANT WE PARTICIPATE IN A PILOT THAT IS IN OUR REGION. I [05:43:12] DON'T SEE MOBILE SOLUTIONS WORKING WITHOUT A COORDINATED EFFORT. [05:43:16] I DON'T KNOW IF LEANNE OR ANYBODY HERE KNOWS WHAT WE EXPECT [05:43:22] RECENT ACTIVITY OF NEIGHBORING CITIES. THEY ARE QUEUING UP [05:43:31] TONIGHT, YOU SAID? [05:43:32] >> YES. MY UNDERSTANDING IS MANHATTAN AND REDONDO ARE BOTH [05:43:37] PLANNING ON TAKING THIS BACK. I THINK THIS MONTH, BUT IT MAY [05:43:40] HAVE -- YOU KNOW, AGENDAS ARE ALWAYS A LITTLE FLUID. MAY HAVE [05:43:45] MOVED TO FIRST MEETINGS IN MAY. MANHATTAN BEACH TOOK TO [05:43:53] TRANSPORTATION COMMITTEE I BELIEVE OR TAKING IT THIS WEEK AND [05:43:58] EVERYONE IS WORKING TOGETHER ON THIS AND RECOGNIZING THAT A [05:44:01] PROGRAM LIKE THIS ONLY WORKS IF EVERYONE PARTICIPATES. [05:44:04] >> RIGHT. YOU ANSWERED MY LAST EXPERIENCE. THEY ENGAGED [05:44:09] YOU HAVE BEEN IN THIS EFFORT. OKAY. I HAD A THOUGHT, MAYOR 73 of 75 [05:44:17] ARMATO SPOKE TO THAT IS FEASIBILITY OF IT THAT IS THE TIME OF THE [05:44:21] PILOT. I THINK GIVEN IT IS UNWIELDY AND LOTS OF EDUCATION AND [05:44:26] PIECES COMING TOGETHER IF THERE WAS SOME WAY TO PROPOSE THERE [05:44:32] MIGHT BE AN AFTER-SUMMER START TO A PILOT? THAT WOULD SEEM TO BE [05:44:38] A MUCH MORE MANAGEABLE SCENARIO THAN STARTING AT THE BEGINNING OF [05:44:45] SUMMER CYCLE WHEN EVERYBODY IS FREE WHEELING IT NO PUN INTENDED. [05:44:51] >> ON THAT POINT, I WANTED TO NOTE WE HAVE TALKED ABOUT [05:44:54] THAT AS A GROUP. WE HAVEN'T SET OKAY. HERE IS EXACTLY WHEN WE [05:44:58] WOULD PROPOSE TO LAUNCH A PILOT PROGRAM. WE RECOGNIZE THIS [05:45:03] PROCESS WE LAID OUT WILL TAKE US SEVERAL MONTHS AND BEING [05:45:06] SENSITIVE TO THE FACT WE DON'T WANT TO LAUNCH A PROGRAM SAME [05:45:12] WEEKEND AVP IS HERE. YOU DON'T WANT IT TO BE AT A TIME WHERE WE [05:45:17] CAN FOCUS ON THAT AND MANAGE THAT AND NOT BE WORKING WITH A [05:45:22] NUMBER OF OTHER EVENTS. I THINK EARLIEST WE LOOKED AT THAT, WE [05:45:26] COULD EVEN TALK ABOUT LAUNCHING WOULD HAVE BEEN AUGUST. I THINK [05:45:33] BASED ON DIRECTION YOU PROVIDED, WE CAN CERTAINLY BRING IT BACK [05:45:37] TO PROPOSE TO NEIGHBORING CITIES. [05:45:41] >> OKAY. LAST CURIOSITY IN LISTENING TO EVERYONE'S [05:45:50] OPINIONS WHAT IF WE ENTER A PILOT AND SOMETHING WENT AWRY IS [05:45:55] THERE ESCAPE CLAUSE WRITTEN INTO PILOT LANGUAGE. [05:46:01] >> THERE IS. EXCUSE ME. THE IDEA OF HAVING CITIES ISSUE [05:46:05] PERMITS ON INDIVIDUAL WE IDENTIFY OPERATORS AND PERMITS ON [05:46:12] INDIVIDUAL BASIS WOULD ALLOW US TO ESSENTIALLY REVOKE THE PERMIT [05:46:17] WITHIN GUIDELINES. IT IS IN SECTION 8, PAGE 11, LAST BULLET JUST [05:46:25] BEFORE 6. WE TALK ABOUT IN ALL OF THESE WE TALK ABOUT DIFFERENT [05:46:33] WAYS TO COURSE CORRECT STARTING WITH CITATIONS AND PENALTIES AND [05:46:37] RELOCATION AND IMPOUNDMENT. PERMIT SUSPENSION AND REVOCATION AND [05:46:43] PROGRAM TERMINATION THAT ARE OUR ESCALATING OPPORTUNITIES IN THE [05:46:48] EVENT WE WOULD NEED TO MAKE CHANGES. [05:46:53] >> GREAT. IT IS A LEARNING PROCESS. THANK YOU FOR THE [05:46:58] WORK. I WILL PASS IT TO THE MAYOR. [05:47:01] >> WE ARE TEEING UP FOR A MOTION HERE TO GO THROUGH THE [05:47:04] ACTIONS. WE HAVE RECEIVED THE UPDATE AND PROVIDED INPUT. DOES [05:47:10] STAFF NEED CLARIFICATION ON THE TOP-LEVEL ITEMS THAT WERE [05:47:16] DISCUSSED? [05:47:20] >> I THINK A MOTION THAT WOULD PROVIDE DIRECTION AS TO [05:47:26] WHETHER OR NOT TO PARTICIPATE IN CONTINUING TO PARTICIPATE IN [05:47:29] THIS PROCESS WITH THE OTHER CITIES WOULD BE A GOOD START. WE CAN [05:47:34] THEN TAKE THAT DIRECTION WITH THE COMMENTS PROVIDED HERE TONIGHT [05:47:38] ON SOME DIFFERENT AREAS OF THE GUIDELINES. [05:47:42] >> WE WOULD BE AGREE TO MOVE FORWARD WITH PARTICIPATING [05:47:46] WITH THE UNDERSTANDING THAT AT SOME POINT A DOCUMENT OF COMPLETED [05:47:51] DOCUMENT WILL RETURN HERE FOR FINAL APPROVAL AND AT THAT TIME WE [05:47:54] CAN DECIDE WHETHER WE -- IF WE ARE SATISFIED WE MOVE FORWARD. [05:47:59] THAT IS SORT OF THE START POINT FOR THE 12-MONTH PERIOD? [05:48:04] >> WE CAN BRING BACK FINAL GUIDELINES PERHAPS ONCE OTHER [05:48:12] CITIES HAVE GONE THROUGH THEIR PROCESSES SO WE INCORPORATE INPUT 74 of 75 [05:48:15] FROM EACH OF THE DIFFERENT CITIES THAT OPT TO PART TO BRING BACK [05:48:21] TO COUNCIL FOR FINAL APPROVAL. [05:48:23] >> YOU DON'T NEED IT IN THIS MOTION. [05:48:26] >> NO. WHAT WE WOULD PLAN TO DO IS BRING BACK ONCE ISSUED [05:48:30] THE REQUEST FOR APPLICATIONS AT COG LEVEL AND EVALUATED THEM WE [05:48:35] WOULD LIKELY BRING THE RECOMMENDATIONS BACK TO THE CITY COUNCIL. [05:48:39] >> IN TERMS OF WHICH SERVICE PROVIDERS AND ALL THAT STUFF. [05:48:44] >> RIGHT. THERE YOU COULD SEE PART OF STRATEGY IN [05:48:50] DEVELOPING GUIDELINES WE DIDN'T WANT TO JUST LIST OUT, BUT WE [05:48:54] WANT IT SEE PERHAPS BECAUSE OUR CONCERN THERE IS WE WOULD SIMPLY [05:48:59] BE TOLD WE CAN DO THAT AND THAT AND THAT. WHEN YOU LOOK AT [05:49:07] GUIDELINES WE FLIPPED IT AROUND SUBMIT YOUR PLAN OR ENFORCEMENT [05:49:14] COMING FROM OPERATORS TO HELP US EVALUATE DIFFERENT OPERATIONAL [05:49:18] APPROACHES TO EDUCATION AND ENFORCEMENT AND PARTICIPATING IN [05:49:21] EVENTS THAT ALL OF THOSE ARE THINGS WE CAN EVALUATE THERE. WE [05:49:30] WOULD CERTAINLY BRING THE PROPOSALS BACK IN TERMS OF [05:49:33] RECOMMENDATIONS AND WE CAN BRING BACK FINAL GUIDELINES IF THAT IS [05:49:37] THE DIRECTION FROM COUNCIL. [05:49:38] >> GREAT. MADAM. [05:49:40] >> TO CLARIFY, WE WON'T COME BACK WITH GUIDELINES AND SAY [05:49:44] HERMOSA BEACH IS NOT PARTICIPATING. WE ARE SIGNALING TO [05:49:49] NEIGHBORING CITIES WE WILL BE PART OF THIS PILOT PROGRAM. [05:49:53] >> I THINK THAT WOULD BE GOOD DIRECTION TO SAY THAT WE ARE [05:49:56] PLANNING TO PARTICIPATE. WE CAN AT ANY TIME CHANGE DIRECTION IF [05:50:02] THERE ARE SIGNIFICANT REVISIONS OR CONCERNS OR ALL OF THE OTHER [05:50:08] CITIES SAY WE DON'T WANT TO INCORPORATE ANY OF THE [05:50:12] RECOMMENDATIONS THAT HERMOSA BEACH CITY HAS PROVIDED. [05:50:17] >> I WILL CERTAINLY BE HAPPY TO ATTEMPT A MOTION. [05:50:21] >> 3 AND 4, I THINK. [05:50:23] >> I MOTION THAT WE CONTINUE PARTICIPATION IN THE SOUTH BAY [05:50:29] SHARED MOBILITY PILOT PROGRAM AND THAT DIRECT STAFF TO PREPARE [05:50:35] MUNICIPAL CODE CHANGES AND ESTABLISH APPROPRIATE FEES AND OTHER [05:50:40] REGULATORY MEASURES RELATED TO OPERATION OF SHARED MOBILITY [05:50:44] DEVICES BASED ON THE DIRECTION PROVIDED AND RECOMMENDATIONS [05:50:49] PROVIDED THIS EVENING TO STAFF INCLUDING RETURNING AT A FUTURE [05:50:56] DATE WITH FINAL GUIDELINES AND OTHER ELEMENTS OF THE PLAN PRIOR [05:51:04] TO IT GOING FORWARD DOES THAT MAKE SENSE? [05:51:08] >> DO WE HAVE A SECOND? [05:51:09] >> I SECOND. [05:51:10] >> ALL RIGHT. ANY DISCUSSION? [05:51:13] >> JUST A -- MADAM MAYOR, CLARIFYING QUESTION. OUR [05:51:18] DIRECTION TO STAFF IS TO TAKE FEEDBACK FROM THOSE OF US [05:51:23] SUPPORTIVE IN CONTINUING TO PARTICIPATE IN COGS SHARED GUIDELINE [05:51:28] MOBILITY GUIDELINES? [05:51:29] >> OR ALL FEEDBACK. [05:51:31] >> BACK TO THE COG AND GET -- YOU KNOW, GET THAT [05:51:35] INCORPORATED INTO SHARED MOBILITY GUIDELINES THAT PRESUMABLY WILL 75 of 75 [05:51:39] BE REVISED BASED UPON ALL OF THE INPUT OF THE CITIES GOING OUT [05:51:45] SHARED GUIDELINES WILL COME BACK TO US ALONG WITH MUNICIPAL CODE [05:51:51] CHANGES AND REGULATORY -- AS A PACKAGE WE CAN MAKE THE DECISION [05:51:57] WHETHER TO OPT INTO THE PILOT PROGRAM. THAT IS WHAT THE MOTION [05:52:01] IS. [05:52:02] >> THAT IS MY UNDERSTANDING WHAT I WAS TRYING TO ACHIEVE. [05:52:05] >> TO MAYOR'S COMMENT, INPUT OF FOLKS WHO HAVE CONCERNS [05:52:09] ABOUT THIS THE COGS SHARED MOBILITY GUIDELINES AND PILOT PROGRAM. [05:52:16] >> THANKS. ALL THOSE IN FAVOR? [05:52:20] >> AYE. [05:52:21] >> AYE. [05:52:22] >> OPPOSED? [05:52:24] >> NAY. MADAM CLERK? [05:52:27] >> WE ARE ON ITEM 7, MISCELLANEOUS ITEMS. THERE IS UPDATES [05:52:34] FROM CITY COUNCIL AD HOC SUB-COMMITTEES AND STANDING COMMITTEE [05:52:40] DELEGATES AND ALTERNATES IF THERE ARE ANY. [05:52:43] >> INFILTRATION SUB-COMMITTEE UPDATE EVERYONE HEARD AND SAW [05:52:49] TONIGHT. NEXT WEEK DOWNTOWN SUB COMMITTEE MEETS UPDATE AFTER [05:52:54] THAT FOR NEXT MEETING WE WILL HAVE AN UPDATE AND SUMMER CONCERTS [05:52:59] WAS OBVIOUSLY UPDATED NIGHT. ANY OTHERS? NO. ALL RIGHT. I [05:53:09] THINK WE CAN MOVE ON. [05:53:11] >> OKAY. THEN ITEM 8A IS TENTATIVE FUTURE AGENDA ITEMS. [05:53:21] >> ALL RIGHT. DO MY COLLEAGUES HAVE QUESTIONS OR CONCERNS [05:53:32] ON FUTURE AGENDA? ALL RIGHT. SEEING NONE. IT LOOKS LIKE WE [05:53:41] HAVE REACHED THE END OF OUR ROAD. NO. THE END OF OUR MEETING. [05:53:47] THIS MEETING IS ADJOURNED. NEXT REGULAR CITY COUNCIL MEETING IS [05:53:52] TUESDAY, APRIL 23RD WITH CLOSED SESSION AT 6:00 P.M. FOLLOWED BY [05:53:58] REGULAR MEETING AT 7:00 P.M. RIGHT HERE AT COUNCIL CHAMBERS. [05:54:04] THANK YOU EVERYONE WHO STAYED TO THE END. CRAIG AND DAVID AND [05:54:09] KEVIN, THANK YOU GUYS. GOODNIGHT. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 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 April 9th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Please come forward if you have comments on the closed session agenda. 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. 19-0225 MINUTES: Approval of minutes of Closed Session held on March 26, 2019. 2. 19-0229 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager (Initial 6 month review per contract) ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the April 9th 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? Annual Wyland National Mayor’s Challenge for Water: The 8th Annual Wyland National Mayor’s Challenge for Water Conservation has started, but it’s only here until the end of April. Do your part this Earth Month by taking a few minutes to go to www.mywaterpledge.com and make your pledge to conserve water and energy on behalf of our city and enter to win 100s of prizes. Saturday, April 20th from 10am-1pm: Join the California School Boards Association, Moms Demand Action and March for Our Lives for a townhall at Culver City High School, Robert Frost Auditorium to mark the 20th Anniversary of Columbine to discuss our youth, schools and gun safety. School shootings often make the front pages but gun accidents and suicides by gun are also heavily impacting our children. School Board members, teachers, parents, students, safety experts, elected officials and medical community members will gather to share resources, information and to network around creating a safer future for our children! Monday, April 22nd from 3:30pm–5:30pm: Come out to the Hermosa Beach Skate Park to support the annual community favorite fundraiser event, SK8 for Schools. You’ll see local kids and maybe some skateboarding pro’s whizzing around the skate park, performing tricks. Donations and pledges will be accepted, and all monies received will benefit the Hermosa Beach School District. Everyone is welcome to Skate and be sure to bring elbow pads, knee pads and a helmet. Free refreshments will be provided and EVERY person who makes a donation will receive a gift. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 APPROVAL OF AGENDA [Suja to announce that item 6c will be pushed to the April 23rd Council meeting] PROCLAMATIONS / PRESENTATIONS a) 19-0216 RECOGNIZING CITY VOLUNTEERS DURING NATIONAL VOLUNTEER WEEK APRIL 7-13, 2019 • City Clerk reads title • Mayor invites volunteer program coordinators to podium to provide remarks o Brandy Villanueva, Hermosa Beach CERT o Peter Alstrom, Volunteers in Policing o Kristy Morris, Community Garden Volunteers o Kambria Vint, Hermosa 5-0 Volunteers (not able to attend) • Volunteer Program Coordinators invite City volunteers up • Mayor presents Proclamations to volunteer groups • Photo Opportunity b) 19-0217 PROCLAMATION ESTABLISHING BEACH CITIES TRANSIT GET ON BOARD DAY IN HERMOSA BEACH ON APRIL 25, 2019 • City Clerk reads title • Mayor invites Leslie Scott to podium to speak • Mayor presents Proclamation to Leslie • Photo Opportunity MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 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 City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 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. a) REPORT WRITTEN COMMUNICATION 19-0219 Recommendation:Staff recommends that the City Council receive and file the written communication. Attachments: 1. Letter from Anthony Higgins regarding speaker-card.pdf 2. Letter from Anthony Higgins regarding right to ask questions.pdf 3. Letter from Anthony Higgins regarding cure & correct response.pdf 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 CITY COUNCIL MEETING MINUTES 19-0222 (Deputy City Clerk Linda Abbott) Recommendation:Staff recommends that the City Council: 1. Approve meeting minutes from the following meetings: a. Special meeting of March 18, 2019 b. Special meeting of March 26, 2019 2. Approve a revision on the November 22, 2016 meeting minutes, previously approved by Council on October 9, 2018. Item 5a's ACTION contained an erroneous phrase, redlined in the attachment. Attachments: 1. 031819 min draft.docx 2. 032619 draft min.docx 3. 112216 Reg mtg-redline deletion 5a.docx b) REPORT CHECK REGISTERS City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 19-0211 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 03-14-19 2. 03-21-19 3. 03-25-19 c) REPORT 19-0218 APPROVAL OF ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SENATE BILL 1) PROJECT LIST FOR THE CITY OF HERMOSA BEACH FOR FISCAL YEAR 2019-20 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Approve a resolution to adopt the Road Repair and Accountability Act of 2017 Project List for FY 2019-2020; and 2. Direct staff to submit the Project List and supporting documentation to the California Transportation Commission by May 1, 2019. Attachments: 1. City Council Resolution for SB 1 Project List 040319.docx 2. LSR project list.pdf d) REPORT REQUEST FOR APPROVAL OF CLASSIFICATION SPECIFICATION 19-0223 FOR PUBLIC WORKS INSPECTOR; ESTABLISH THE POSITION IN THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT CALIFORNIA TEAMSTERS LOCAL 911, AND ESTABLISH A SALARY RANGE (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council: 1. Approve the class specification for Public Works Inspector; 2. Determine that the bargaining unit for this classification is the General and Supervisory Employees Bargaining Unit, California Teamsters Local 911; and 3. Establish the five-step salary range for this position as $5,675 to $6,899 per month as approved in the FY 2018-2019 budget. Attachments: 1. June 12, 2018 City Council Meeting Video 2. Public Works Inspectro Class Specification 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 a) REPORT CONSIDERATION OF AN ORDINANCE REGULATING 19-0224 SIDEWALK VENDING IN COMPLIANCE WITH SB 946 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Introduce, upon first reading, an ordinance to regulate sidewalk vending within the City of Hermosa Beach in compliance with Senate Bill No. 946; 2. Adopt a resolution amending the City's comprehensive fee schedule to include administrative fines for sidewalk vending violations in compliance with Senate Bill No. 946; and 3. Adopt a resolution amending the City's comprehensive fee schedule to include a sidewalk vending permit application fee and annual renewal fee. Attachments: 1. HB Sidewalk Vending Ordinance_4.3.19-c1 (1).DOCX 2. Sidewalk Vending administrative Fine Reso.pdf 3. Sidewalk vending Permit application and renewal fee reso.pdf 4. March 12, 2019 Staff Report.pdf 5. Sidewalk Vending-Map.pdf 6. MUNICIPAL MATTERS a) REPORT AWARD OF PRODUCTION AGREEMENT WITH 19-0227 5B ARTISTS + MEDIA FOR PRODUCTION AND MANAGEMENT OF THE SUMMER BEACH CONCERT SERIES (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council: 1. Award a Production Agreement with 5B Artists + Media for the production and management of the Summer Beach Concert Series; and 2. Authorize the City Manager to execute the Agreement and the City Clerk to attest subject to approval by the City Attorney. Attachments: 1. Summer Concert Series Request for Proposal 2. 5B Artists + Media Proposal b) REPORT CONSIDERATION OF SPECIAL EVENT FEE WAIVER REQUESTS 19-0215 FOR SPYDER SURF FEST ON SATURDAY, APRIL 27 (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council consider a special event fee waiver request totaling $8,206 from Spyder Surfboards for 'Surf Fest' on Saturday, April 27. Attachments: 1. Spyder Surf Fest Special Event Application 2. Spyder Surf Fest Fee Waiver Application 3. Letter from Dennis Jarvis c) REPORT AWARD OF CONSTRUCTION CONTRACT FOR CIP 14-173, 19-0221 8TH STREET IMPROVEMENTS PROJECT (Acting Public Works Director Lucho Rodriguez) City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 Recommendation:Staff recommends that the City Council: 1. Award a construction contract to Concept Consultant, Inc. for CIP14-173 8th Street Improvements Project in the amount of $561,950.50; 2. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; 3. Authorize a 20% project contingency for a total construction budget of $674,340.60; and 4. Authorize the Acting Director of Public Works to file a Notice of Completion following final completion of the project. Attachments: 1. BID opening log sheet 2. Low Bidder Documents 3. Draft Agreement d) REPORT APPROVAL TO INVESTIGATE THE FEASIBILITY OF 19-0230 NORTH FRANCISCA AVENUE FOR THE HERONDO DRAIN STORM WATER INFILTRATION PROJECT (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Authorize Tetra Tech to explore the feasibility of North Francisca Avenue to further develop an infiltration project at this location and appropriate funding from the Storm Drain Fund for an amount not to exceed $157,719 for this analysis; and 2. Appoint an Infiltration Project Council subcommittee comprised of two Councilmembers and provide direction as needed. Attachments: 1. Approved MOU_Cost Sharing (Signed).pdf 2. 2019-03-29 Letter-from-HB-to-SWRCB.pdf 3. Hermosa Beach CO-3 Add'l Scope and Fee (002).pdf 4. Link to March 26, 2019 Staff Report and Attachments e) REPORT 19-0209 NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN DRAFT SCOPE OF WORK (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council: 1. Review and provide input on the draft Scope of Work for the development of the Neighborhood Traffic Management Plan (NTMP) for North School; and 2. Direct staff to issue a Request for Proposals for the development of the Neighborhood Traffic Management Plan based on the Scope of Work and the terms identified in the Memorandum of Understanding. Attachments: 1. City and School District Signed Memorandum of Understanding 2. MOU Timeline.pdf 3. Draft North School NTMP Scope of Work f) REPORT 19-0167 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF City Council Regular Meeting Agenda April 9, 2019 Page 2 City of Hermosa Beach Printed on 4/5/2019 DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH AND CONSIDERATION OF REGULATORY OPTIONS TO PERMIT AND REGULATE THE OPERATION OF DOCKLESS SCOOTER AND BIKESHARE OPERATIONS IN THE CITY (Environmental Analyst Leeanne Singleton) Recommendation:Staff recommends that the City Council: 1. Receive an update on the City's implementation efforts related to the temporary ban of shared mobility devices; 2. Provide input on the South Bay Shared Mobility Guidelines; 3. Consider participation in a South Bay Shared Mobility Pilot Program; and 4. Direct Staff to prepare municipal code changes, establish appropriate fees, and other regulatory measures related to the operation of shared mobility devices based on the direction provided for Recommendations 2 and 3. Attachments: 1. November 2017 Staff Report 2. August 2018 Staff Report 3. Hermosa Beach Education and Enforcement Efforts on Shared Mobility Devices and Electric/Motorized Equipment 4. South Bay Shared Mobility Guidelines Draft.pdf 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 19-0213 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) 19-0220 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 This meeting is adjourned. The next Regular City Council meeting is Tuesday, April 23rd with Closed Session at 6pm followed by the Regular meeting at 7pm in the Council Chambers. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0224 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 CONSIDERATION OF AN ORDINANCE REGULATING SIDEWALK VENDING IN COMPLIANCE WITH SB 946 (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Introduce, upon first reading, an ordinance to regulate sidewalk vending within the City of Hermosa Beach in compliance with Senate Bill No. 946; 2.Adopt a resolution amending the City’s comprehensive fee schedule to include administrative fines for sidewalk vending violations in compliance with Senate Bill No. 946; and 3.Adopt a resolution amending the City’s comprehensive fee schedule to include a sidewalk vending permit application fee and annual renewal fee. Background: On March 12, 2019, during a regular meeting of the Hermosa Beach City Council, the Council held a public hearing on a proposed ordinance to regulate sidewalk vending. The regulations would implement SB 946, which state that local jurisdictions may not prohibit or regulate sidewalk vendors in the public right-of-way or in public parks except in accordance with the new state law. Absent substantially compliant local regulations, sidewalk vending would be permitted in the City as a largely unregulated activity. Background on SB 946 and a detailed analysis of the City’s implementing ordinance was set forth in the March 12 staff report, furnished here as Attachment 4. The proposed ordinance would allow the City to regulate sidewalk vending through a permitting program operated by the Department of Public Works. After considering proposed program details, councilmembers requested further investigation into vendor operating and permitting requirements, including requisite levels of insurance coverage, and more information about restricted vending locations, including possible “blackout days.” The revised ordinance reflects the Council’s input on these areas of concern as adapted by staff for consistency with SB 946’s requirement that local regulations be “directly related to objective health, safety, or welfare concerns.” Analysis: In response to Councilmembers’ suggested edits and requests for more information, staff City of Hermosa Beach Printed on 4/5/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0224 investigated the following issues, revising the proposed ordinance as appropriate: Section 12.38.030. Restricted Vending Locations. ·In response to Councilmembers’ suggestion that the qualifying language opening this section- “[e]xcept as otherwise permitted. . .”- be removed, the Community Development Department raised concerns that the City may require discretion to allow some types of vending in otherwise restricted locations in conjunction with City-sponsored events. For this reason, this language was retained in the ordinance. ·The following sites were added to the City’s list of restricted vending locations: o (F.) The Pier Head; o (G.) Pier Plaza from the Saturday of Memorial Day Weekend to Labor Day, on weekend nights, and on the day of the Hermosa Beach St. Patrick’s Day Parade; o (L.) Within one block of the designated locations for Fiesta Hermosa during the days on which the event is scheduled to take place. ·The following clarification was made to the provision concerning vending on private property (which falls outside the scope of SB 946 and this ordinance): o (U.) On private property in a residential zone; o (V.) On private property in a commercial zone without the consent of the property owner and a City-issued permit. Section 12.38.040(A)(10). Required Insurance. ·The liability insurance required in the proposed ordinance reflects the levels of coverage recommended for sidewalk vending by the City’s risk pool, Independent Cities Risk Management Authority (“ICRMA”). The coverage amounts are designed to capture the objective level of risk posed by the activity. Although the Council retains discretion to reduce the required level of coverage, ICRMA representatives have indicated that such an action would increase the City’s risk exposure in the event of any injury to the public arising from permitted sidewalk vending. ·However, in response to Councilmembers’ concerns about prohibitive premiums for sidewalk vendors, staff has worked with ICRMA to find an affordable liability insurance policy for sidewalk vending. This policy, offered through the Special Events Liability Insurance Program, would offer vendors more affordable premiums than what is available on the open market for the same levels of recommended coverage ($1million per occurrence and $2 million aggregate). Staff is currently working with ICRMA representatives to ensure the program would extend to sidewalk vendors. Section 12.38.090. Operating Requirements. ·The proposed ordinance was revised to clarify that the sale of certain goods otherwise legally sold within the City may not be sold by mobile vendors. A provision was also added to confirm that any sales prohibited by law (which would include sales prohibited by the City’s municipal City of Hermosa Beach Printed on 4/5/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0224 code) are likewise prohibited for sidewalk vendors. The language in Section 12.38.090 (A) was accordingly revised to read as follows: o (4) Do NOT sell or offer for sale lottery tickets, alcohol, adult oriented material, or tobacco or electronic cigarette products; o (5) Do NOT sell or offer for sale any illegal merchandise. General Plan Consistency: PLAN Hermosa (the City’s combined General Pan and Local Coastal Program) was adopted in August 2017. The City recognizes and supports the need to maintain a strong, diverse and vibrant local economy. The proposed ordinance is supported by the following General Plan policies: ·Governance 6.5 Creative economy. Prioritize strategies that will create an economy full of diverse talents, trades and goods for the city. For long lasting economic success, a range of services, arts, entertainment and retail should be supported on all scales of the city’s economy. ·Governance 6.6 Pop-up shops. Develop plans and programs for underutilized spaces, such as vacant buildings, utility corridors, parkways, etc., for temporary retail, restaurant, and community-promoting uses. ·Governance 6.7 Retail base. Encourage economic development reflective of the character of Hermosa Beach with small and medium retail development within Hermosa Beach in order to create a stronger tax base and increase the City’s tax revenue. ·Land Use 1.7 Compatibility of uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses. ·Mobility 7.1 Safe public rights-of-way. Encourage that all public rights-of-way are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. ·Parks and Open Space 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open space to ensure activities do not impact general use and enjoyment. ·Parks and Open Space 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise. Fiscal Impact: Costs associated with issuance and administration of sidewalk vendor permits are proposed to be recovered through a fee, as outlined in Attachment 3. Staff recommends an initial application fee of $325 and an annual renewal fee of $325 in order to cover the administrative time for processing the permits. Revenue will be estimated once staff is able to determine the demand for the permit. There may be indirect impacts associated with additional enforcement, but those costs are not expected to exceed the City’s current resources. City of Hermosa Beach Printed on 4/5/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0224 Staff recommends the adoption of the administrative fines, as outlined in Attachment 2. The main objective of the administrative fines is to encourage compliance, not to generate revenue. Any revenue associated with the administrative fines will be estimated once staff is able to determine the number of administrative citations. Attachments: 1.Sidewalk Vending Ordinance 2.Sidewalk Vending Administrative Fine Resolution 3.Sidewalk Vending Permit Application and Renewal Fees Resolution. 4.March 12, 2019 Staff Report. 5.Map of Restricted Vending Locations. Respectfully Submitted by: Kathy Shin, Assistant City Attorney Concur: Lucho Rodriguez, Acting Public Works Director Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/5/2019Page 4 of 4 powered by Legistar™ ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 12.38 TO THE HERMOSA BEACH MUNICIPAL CODE (SIDEWALK VENDING) TO ADOPT SIDEWALK VENDING REGULATIONS IN COMPLIANCE WITH SENATE BILL NO. 946; AMENDING SECTIONS 1.10.040, 5.64.030, 10.12.170, 10.32.170, 10.32.180, 12.20.300, 12.24.020, AND 12.28.010; AND REPEALING SECTION 12.12.070 The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Findings. The City Council makes the following findings in support of this ordinance: A. Senate Bill 946, which took effect on January 1, 2019, provides that cities and counties may not regulate sidewalk vending except in accordance with sections 51038 and 51039 of the California Government Code. B. California Government Code section 51038 generally requires local regulation of sidewalk vending to be “directly related to objective health, safety, or welfare concerns.” C. The City seeks to adopt a sidewalk vending program and to amend its Municipal Code to ensure compliance with the requirements of state law. D. Regulating sidewalk vending will benefit the entire Hermosa Beach community as it will encourage entrepreneurship and provide for equal economic opportunities while ensuring orderly commerce and protection of the public safety and welfare. E. The City of Hermosa Beach is a steward of magnificent coastal resources, which the City manages alongside dense land uses and a right-of-way network designed to promote the mobility of pedestrians, bicyclists, motorists, children, persons with disabilities, users of public transportation, seniors, as well as commercial vendors. F. Unless properly regulated, vending in the public right-of-way and in public parks creates the potential for increased safety hazards including, but not limited to, interfering with the ability of persons with disabilities and other pedestrians to follow a safe path of travel, interfering with the performance of police, firefighter, and emergency medical personnel services; contributing to traffic congestion; and encouraging pedestrians to step into roadways to maintain the flow of traffic. G. Regulations of sidewalk vendors are also necessary to prevent hazardous or unsanitary conditions and to ensure that trash and debris generated by vending operations are properly discarded and do not become a pollutant. Ordinance No. ___ Page 2 of 15 ________________ H. The permit requirements of this Chapter are necessary to collect adequate information about vending operations within city limits, to facilitate contact between the City and its vendors, and to ensure that vending does not adversely affect the public welfare. I. Sidewalk vendors are reasonably required to maintain at least five (5) feet of clearance for pedestrian passage at their vending locations consistent with the City’s requirement for permitted commercial encroachments in the public right-of- way. A five-foot clearance complies with disability access standards and further ensures the safe flow of pedestrian traffic. J. Restricting sidewalk vending near school grounds and near the Community Center, a public recreational facility offering a variety of community programming for all ages, is necessary to avoid disrupting the day-to-day operations of these land uses and to guard against increased traffic and safety concerns when these facilities are in use. Unrestricted sidewalk vending at such locations would result in overcrowded sidewalks and compromised public safety as minors walk into the street to avoid pedestrian traffic. K. Restricting sidewalk vending on the Strand, Hermosa Avenue (between 10th and 14th Street), and Pier Plaza is necessary because the high volume of pedestrians, cyclists, and tourists at these locations often results in overcrowded sidewalks. Unrestricted vending on crowded sidewalks compromises disability access, emergency access, and the flow of traffic and traffic safety. L. Restricting sidewalk vending in public parks, including restricting vending to the paved pedestrian paths therein, is necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks. M. Restricting sidewalk vending in the Hermosa Valley Greenbelt and in Noble Park is necessary to ensure the public’s use and enjoyment of its open space resources consistent with the legislative mandate of the Open Space Lands Act. N. Restricting sidewalk vending on the beach, Municipal Pier, and Pier Head ensures the public’s access to the City’s coastal resources and protects public recreational use on oceanfront lands as mandated by the California Coastal Act. O. Restricting vending in residential areas and vendors’ use of sound amplifying equipment is necessary to protect residents from excessive noise and traffic impacts and to protect the welfare of the City’s densely developed community. P. The City Council hereby adopts this ordinance pursuant to its authority under Government Code section 51038 and finds that the regulation of sidewalk vendors set forth herein is directly related to the City’s protection of the health, safety, and welfare of its residents, businesses, and visitors. Ordinance No. ___ Page 3 of 15 ________________ Section 2. Chapter 12.38 is hereby added to Title 12 of the Hermosa Beach Municipal Code to read as follows: Chapter 12.38 SIDEWALK VENDING Sections: 12.38.010 Definitions. 12.38.020 Permit Required. 12.38.030 Restricted Vending Locations. 12.38.040 Application Procedure. 12.38.050 Grounds for Denial. 12.38.060 Term and Renewal. 12.38.070 Permit Nontransferable. 12.38.080 Exemptions. 12.38.090 Operating Requirements. 12.38.100 Sidewalk Vending in Parks. 12.38.110 Permit Revocation. 12.38.120 Appeal Procedures. 12.38.130 Penalties and Ability-to-pay Determinations. 12.38.010 Definitions. For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. “City” means the City of Hermosa Beach. “Park” means any public park or playground owned or operated by the City. “Person” means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company. “Roaming sidewalk vendor” means a sidewalk vendor who operates by traveling from place to place and stopping in a location only to complete a transaction. “Sidewalk” means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel. “Sidewalk vendor” or “vendor” means a person who sells or offers for sale food or Ordinance No. ___ Page 4 of 15 ________________ merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk within the City. “Sidewalk vending” refers to commercial activity conducted by a sidewalk vendor. “Special event permit” means a permit issued pursuant to Chapter 12.30 of the Hermosa Beach Municipal Code for the temporary use of, or encroachment on, a sidewalk or other public area. “Stationary sidewalk vendor” means a sidewalk vendor who operates from a fixed location. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. 12.38.020 Permit required. No person shall engage in sidewalk vending without first obtaining a sidewalk vending permit issued pursuant to this Chapter and a business license issued pursuant to Chapter 5.04. 12.38.030 Restricted vending locations. Except as otherwise permitted, no sidewalk vendor shall operate in the following locations: A. Any public property other than a sidewalk, including, but not limited to, streets, alleys, streets without sidewalks, and City-owned parking structures; B. The Strand; C. Hermosa Avenue, between 10th and 14th Street; D. The beach; E. The Municipal Pier; F. The Pier Head; G. Pier Plaza from The Saturday of Memorial Day Weekend to Labor Day, on weekend nights (Friday and Saturday nights from 6:00 P.M. to 2:00 A.M the following day, and Sunday nights from 6:00 P.M. to 12:00 A.M. midnight), and on the day of the Hermosa Beach St. Patrick’s Day Parade; H. The Hermosa Valley Greenbelt; Ordinance No. ___ Page 5 of 15 ________________ I. Noble Park; J. Within one block of a certified farmers’ market or a swap meet during the limited operating hours of these events; K. Within one block of an area designated for a special event permit, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s special event permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. A prohibition on vending pursuant to this paragraph shall only be effective for the limited duration of the special event permit; L. Within one block of the designated locations for Fiesta Hermosa during the days on which the event is scheduled to take place; M. Within 300 feet of any public or private school grounds between 7:00 a.m. and 6:00 p.m. on school days, and while the same is in use, including for afterschool child care, enrichment classes and sports; N. Within 300 feet of the Hermosa Beach Community Center between 7:00 a.m. and 6:00 p.m. on school days, and on days when the Community Theater and Second Story Theater are in use for theater programing, during the limited hours of these scheduled events; O. Within 15 feet of any street intersection; P. Within 10 feet of any fire hydrant, fire call box, or other emergency facility; Q. Within 10 feet of any curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone; R. Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public; S. Within 10 feet of any driveway or driveway apron; T. Upon or within any roadway, median strip, or dividing section; U. On private property in a residential zone; V. On private property in a commercial zone without the consent of the property owner and a City-issued permit; or W. Within 200 feet of another vendor. 12.38.040 Application procedure. Ordinance No. ___ Page 6 of 15 ________________ A. Any and each person seeking a permit pursuant to this Chapter shall submit a completed application, on a City-approved form, to the Public Works Department. Said application shall contain the following information: 1. The applicant’s legal name, current mailing address, and telephone number; 2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 3. A copy of a California's driver's license or identification number, or an individual taxpayer identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; 4. A description of the food and/or merchandise to be offered for sale; 5. A copy of the applicant’s California seller’s permit issued by the California Department of Tax and Fee Administration, if applicable; 6. If a vendor of food, proof of all required approvals from the Los Angeles County Department of Public Health, including a current Mobile Food Facility permit; 7. A description, map, or drawing of the location(s) in which the applicant proposes to operate; 8. The dimensions of the vending cart; 9. A statement of the days and hours of proposed vending operations,and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor; 10.Proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage, and two million dollars ($2,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured; 11.An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity; 12.Certification by the applicant, under penalty of perjury, that the information Ordinance No. ___ Page 7 of 15 ________________ contained in the application is true to his or her knowledge and belief; and 13.Such other information as the Director of Public Works deems necessary for the administration or enforcement of this Chapter as specified on the required application form. B. Applications shall not be accepted unless accompanied by payment of an application fee that the City Council may establish by separate resolution in an amount not to exceed the City’s reasonable cost of providing the services required by this Chapter. 12.38.050 Grounds for denial. A. Within thirty (30) days of receiving a completed application for a sidewalk vendor permit the Public Works Department shall notify the applicant in writing of its determination to approve or deny the application. If an application is denied, the reasons for denial shall be set forth in the written notice to the applicant. B. The Public Works Department shall approve a permit application unless substantial evidence supports a finding of one or more of the following grounds for denial: 1. The application seeks authorization for vending at a restricted location under Section 12.38.030. 2. The proposed vending location encroaches on a public sidewalk without maintaining a minimum five-foot clearance. 3. The applicant’s vending operation, as described in the application, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building and safety laws of the State of California or of the City. 4. The applicant does not possess all state and local permits necessary for the proposed vending operation. 5. The applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application. 6. The applicant has had a permit issued pursuant to this Chapter revoked within the preceding twelve (12) months. 7. The applicant is required to register as a sex offender pursuant to California Penal Code section 290. 8. Within three (3) years of the date of the application, the applicant has been convicted in a court of competent jurisidiction or pled nolo Ordinance No. ___ Page 8 of 15 ________________ contendere to any felony offenses involving the sale of a controlled substance as specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058. 9. The applicant is indebted to the City for any unpaid fee or fine. 12.38.060 Term and renewal. A. A sidewalk vending permit issued pursuant to this Chapter shall be valid for one (1) year from the date of issuance, unless it is revoked prior to that date in accordance with the provisions of this Chapter. B. Each sidewalk vendor who seeks to renew a permit issued pursuant to this Chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the Public Works Department no later than thirty (30) calendar days prior to the expiration of the vendor’s current permit. Unless timely renewed, any permit issued pursuant to this Chapter shall expire and become null and void at the end of its term. C. An application to renew a permit issued pursuant to this Chapter may be denied by the Public Works Department upon the grounds set forth in Section 12.38.050. 12.38.070 Permit nontransferable. A sidewalk vending permit shall not be transferable to any person or be valid for vending operations in any location(s) other than that location designated on the permit for the term stated. 12.38.080 Exemptions. A sidewalk vending permit shall not be required for the following activities: 1. Catering services for an event exclusively on private property, which is not open to the public; 2. Events permitted pursuant to a special event permit, including but not limited to a certified farmers’ market, swap meet, and outdoor concerts. 12.38.090 Operating requirements. A. All sidewalk vendors are subject to the following requirements: 1. Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation; 2. Keep current the information furnished to the City under Section Ordinance No. ___ Page 9 of 15 ________________ 12.38.060(A); 3. Display any permit issued pursuant to this Chapter at all times while vending; 4. Do NOT sell or offer for sale lottery tickets, alcohol, adult oriented material, or tobacco or electronic cigarette products; 5. Do NOT sell or offer for sale any illegal merchandise; 6. Maintain an unobstructed pedestrian access route of at least five (5) feet in width at the sidewalk vending location; 7. Ensure that no equipment or objects used in connection with sidewalk vending operations are stored or left unattended in public spaces or in any portion of the public right-of-way. (Any equipment or objects left in public spaces or in the public rightof-way overnight, or outside the hours of permitted sidewalk vending, will be considered discarded and may be seized or disposed of by the city.); 8. Ensure that no signs, tables, chairs, shade structure, fences, or other furnishings not previously approved for use in a sidewalk vending permit are used in connection with vending operations, including any unapproved exterior storage of merchandise or equipment used by the vendor; 9. Ensure that no entertainment, music, visual media, or any sound amplifying device is used in connection with the vending activity unless previously approved in the vending permit; 10.Ensure that water lines, electrical lines, or gas lines are not used or attached in connection with vending operations; 11.Maintain reasonable financial responsibility to conduct sidewalk vending operations in accordance with Section 12.38.040(A)(10); 12.Maintain vending operations and conveyances in clean, sanitary condition; and 13.Ensure proper clean-up of vending sites, including removal of any trash or litter generated by the permitted sale of food or merchandise. (Vendors must operate with their own trash receptacles and are prohibited from placing waste or litter generated by their operations in street trashcans.) B. Stationary sidewalk vendors are prohibited from operating in any exclusively residential zone and may only operate at the location(s) designated in the permit issued pursuant to this Chapter during the periods of operation designated in the permit. Ordinance No. ___ Page 10 of 15 ________________ C. Roaming sidewalk vendors may not operate within exclusively residential zones between the hours of 8:00 p.m. and 8:00 a.m. 12.38.100 Sidewalk Vending in Parks. A stationary sidewalk vendor is prohibited from operating in a park if the City has entered into an exclusive agreement for the sale of food or merchandise by a concessionaire in that park. In all other circumstances, sidewalk vendors may operate in parks subject to the requirements of this Chapter, which include and are in addition to the following requirements: 1. Cease vending operations one (1) hour prior to park closure; 2. Operate only on a sidewalk or surfaced pedestrian path, and not on grass turf, dirt paths, or other unpaved trails or paths; 3. Maintain an unobstructed pedestrian access route of at least five (5) feet in width at the vending location; 4. Ensure that vending operations are not blocking the entrances to any buildings, driveways, or vehicle parking spaces; 5. Refrain from operating within one block of a certified farmers’ market, a swap meet, or an event held pursuant to a special event permit; and 6. Ensure proper clean-up of vending sites, including removal of any trash or litter generated by the permitted sale of food or merchandise. (Vendors must operate with their own trash receptacles and are prohibited from placing waste or litter generated by their operations in park trashcans.) 12.38.110 Permit revocation. A sidewalk vendor permit issued pursuant to this Chapter may be revoked after the permittee is afforded written notice and an opportunity to be heard respecting a citation for the permittee’s fourth or subsequent violation of the requirements set forth in this Chapter. 12.38.120 Appeal procedures. A. Any person aggrieved by a decision denying or revoking a permit pursuant to this Chapter may appeal the decision to the City Council within ten (10) days after notice of the decision has been mailed to the applicant’s address. Appeals shall be taken by filing a written appeal statement with the Public Works Department setting forth the grounds for the appeal. A timely appeal shall stay the enforcement of any decision to revoke a permit. Absent a timely appeal, the decision of the public works director shall be final ten (10) days after notice of the decision has been mailed to the applicant. Ordinance No. ___ Page 11 of 15 ________________ B. Upon receipt of a timely, written request for an appeal, Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. Written notice of hearing shall be given to the appellant at least ten (10) days prior to the hearing date. At the hearing, the appellant and the City may be represented by legal counsel, and each party may present relevant evidence, provide sworn testimony, and call witnesses. The City Council shall not be bound by the traditional rules of evidence, and hearsay evidence may be presented at the hearing, although such evidence may not be the sole basis for the Council’s decision. Within forty (40) calendar days of the conclusion of the hearing, the Council shall announce its determination to sustain or overrule the director’s decision based on written findings of the applicant’s or permittee’s compliance with the requirements of this chapter. The Council’s decision shall be final. 12.38.130 Penalties and Ability-to-pay Determinations. A. A violation of this Chapter is not punishable as an infraction or misdemeanor, and no person shall be subject to arrest for sidewalk vending in violation of this Chapter unless said person has violated a law for which a person may be arrested. B. A violation of this Chapter shall be punishable only by an administrative fine according to a fee schedule adopted by resolution of the City Council and according to the procedures for administrative citations set forth in Sections 1.10.060 through 1.10.090 of this code consistent with this Section. C. Notwithstanding any other provision of this code, failure to pay an administrative fine assessed under this Section is not punishable as an infraction or misdemeanor, and additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. D. When assessing an administrative fine under this Section, the City will take into consideration a person’s ability to pay the fine. Any fine issued under this Section will be accompanied by notice of and instruction regarding the right to request an ability-to-pay determination. 1. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 2. If a person is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works Director will limit the total amount of the person’s administrative fine to 20 percent of the total amount and may: i. Allow the person to complete community service in lieu of paying the Ordinance No. ___ Page 12 of 15 ________________ total administrative fine; or ii. Waive the administrative fine; or iii. Offer an alternative disposition. Section 3. Section 1.10.040 of Chapter 1.10 of Title 1 of the Hermosa Beach Municipal Code—entitled “Administrative Citations”—is hereby amended to add subsection (A)(20) to read as follows: “20. Chapter 12.40: Sidewalk Vending” Subsection (B) of Section 1.10.040 is hereby amended to read as follows: “Exclusive of subsection (A)(20), any person who violates the same provision, or fails to comply with the same requirement, of the sections of this Code set forth in subsection (A) of this section more than three (3) times within a twelve (12) month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve (12) month period. Any person who violates or fails to comply with the sections of this Code set forth in subsection (A) of this section and who possesses no photo identification or refuses to identify himself/herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.” Section 4. Section 5.64.030 of Chapter 5.64 of Title 5 of the Hermosa Beach Municipal Code—entitled “Limitations on manner of solicitations”—is hereby amended to read as follows: “A. No person to whom a registration statement is issued pursuant to this section or any of its employees, agents or solicitors shall: 1. Solicit between the hours of seven p.m. and nine a.m.; 2. Solicit at any house, apartment or other dwelling or any business premises to which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant thereof; 3. Persistently and importunately request any business from any member of the public after such member of the public expresses the desire not to contribute; 4. Intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place or any place open to the public generally. B. Any person who engages in sidewalk vending as defined in Chapter 12.38 shall be subject to the permit requirements of that chapter in addition to the requirements for a business license under Chapter 5.04.” Ordinance No. ___ Page 13 of 15 ________________ Section 5. Section 10.12.170(A) of Chapter 10.12 of Title 10 of the Hermosa Beach Municipal Code—entitled “Operation of bicycles, skateboards and other wheeled devices in certain areas”—is hereby amended to read as follows: “A. Prohibited on Sidewalks in Commercial Zone - Exceptions. It is unlawful for any person to ride or operate any wheeled vehicle or device, propelled by human or motorized power, including bicycles, skateboards, roller skates and electric personal assistive mobility devices ("EPAMD")(as defined in Vehicle Code Section 313), on or over any sidewalk or part of a sidewalk within a commercial zone in the city, except: 1. Conveyances, including EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code; 2. The Strand walkway, subject to the requirements of Sections 12.20.220 and 12.20.230; 3. EPAMDs operated by federal, state, or local government personnel in the performance of official duties; and 4. Conveyances operated by permitted sidewalk vendors.” Section 10.32.170 of Chapter 10.32 of Title 10 of the Hermosa Beach Municipal Code—entitled “Vendors’ wagons and pushcarts--parking and standing”—is hereby amended to read as follows: “Vendors’ vehicles--parking and standing Except as otherwise provided in Sections 10.32.180 to 10.32.200, no person shall stand or park any motor vehicle from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, on any portion of any street within this city except that such vehicles may stand or park within a legal parking space only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this section shall not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution.” Section 10.32.180 of Chapter 10.32 of Title 10 of the Hermosa Beach Municipal Code—entitled “Vendors’ wagons and pushcarts--designation of standing location”—is hereby amended to read as follows: “Vendors’ vehicles--designation of standing location No person shall park or stand on any street any motor vehicle from which tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale without first obtaining a permit to do so from the city council. The city traffic engineer shall designate the specific location in which such vehicle shall stand.” Ordinance No. ___ Page 14 of 15 ________________ Section 6. Section 12.12.070 of Chapter 12.12 of Title 12 of the Hermosa Beach Municipal Code—entitled “Placing wagons, stands in streets for purposes of sale or display or goods”—is hereby repealed. Section 12.20.300 of Chapter 12.20 of Title 12 of the Hermosa Beach Municipal Code—entitled “Solicitation”—is hereby amended to read as follows: “A. Except as provided in subsection (D) of this section, no person shall solicit, peddle, offer for sale or conduct or consummate the sale of any service on the beach or the Strand. B. Except as provided in subsection (D) of this section, no person shall sell or offer for sale any commodity, merchandise, wares, product, foods, refreshments or beverages on the beach or the Strand absent a sidewalk vending permit issued pursuant to Chapter 12.38.” Section 12.24.020 of Chapter 12.24 of Title 12 of the Hermosa Beach Municipal Code—entitled “Permit to sell goods”—is hereby amended in its entirety to read as follows: “12.24.020 Solicitations. The sale or offering for sale of any food or merchandise is not permitted on the municipal pier in accordance with the restrictions on sidewalk vending governed by Chapter 12.38. All other solicitations are subject to the requirements for a business license governed by Chapter 5.64.” Subsections (J) and (N) of Section 12.28.010 of Chapter 12.28 of Title 12 of the Hermosa Beach Municipal Code—entitled “Park regulations generally”—is hereby amended to read as follows: “Within the limits of any public park or playground, no person shall: J. Sell or offer for sale any merchandise, article or thing, whatsoever, without a sidewalk vending permit issued pursuant to Chapter 12.38; . . . N. Practice, carry on, conduct or solicit for any trade, occupation, business or profession or circulate any petition of whatsoever kind or character without the permission of the city manager or, if applicable, a sidewalk vending permit issued pursuant to Chapter 12.38;” Section 7. Severability. If any provision of this ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision hereof. The City Council of the Ordinance No. ___ Page 15 of 15 ________________ City of Hermosa Beach hereby declares that it would have adopted this ordinance despite any partial invalidity of its provisions. Section 8. Effective Date. This ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. Section 9. 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 _____________ 2019. VOTE:AYES: NOES: ABSTAIN: ABSENT: ______________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: __________________________ City Clerk City Attorney RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE TO INCLUDE ADMINISTRATIVE FINES FOR SIDEWALK VENDING VIOLATIONS IN COMPLIANCE WITH SENATE BILL NO. 946 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: Section 1. Recitals. 1. Upon adoption of Ordinance No.____, Chapter 12.38 of the Hermosa Beach Municipal Code will govern the permitting and regulation of sidewalk vending in the public right-of-way and within City parks, consistent with Senate Bill No. 946. 2. Chapter 12.38 provides that any violations of the sidewalk vending ordinance may not be punished as an infraction or misdemeanor and that any assessed administrative fines shall be in the amounts set forth in state law. Section 2. The schedule of administrative fines for Chapter 12.38 sidewalk vending violations shall be as follows: A. Vending without a sidewalk vending permit will be punished by an administrative fine not to exceed the following amounts: 1. $250 for a first violation. 2. $500 for a second violation within one year of the first violation. 3. $1,000 for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the Department of Public Works, the administrative fine assessed under this paragraph will be reduced to the corresponding administrative fine set forth in paragraph (B). B. Any other violations of Chapter 12.38 of the Hermosa Beach Municipal Code will be punished by an administrative fine not to exceed the following amounts: 1. $100 for a first violation. 2. $200 for a second violation within one year of the first violation. 3. $500 for each additional violation within one year of the first violation. 4. The Public Works Director may revoke a sidewalk vending permit for the remainder of the permit’s term upon the fourth or subsequent violations. Section 3. The Mayor shall sign and the City Clerk shall attest to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this ____ day of March 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ______________________________ _______________________________ City Clerk City Attorney RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH FEES FOR THE ISSUANCE OF SIDEWALK VENDING PERMITS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: Section 1. Recitals. 1. Upon adoption of Ordinance No.____, Chapter 12.38 of the Hermosa Beach Municipal Code will govern the permitting and regulation of sidewalk vending in the public right-of-way and within City parks, consistent with Senate Bill No. 946. 2. Chapter 12.38 provides that any person seeking to engage in sidewalk vending in the City shall obtain a permit issued by the Department of Public Works. 3. The permits are intended to ensure that permit applicants meet the regulatory requirements set forth in the ordinance, including ensuring that stationary sidewalk vendors have selected suitable locations for vending within the City; accordingly, issuing sidewalk vending permits will require significant staff time. 4. The City is entitled to recover its costs in administering a sidewalk vending regulatory program, including the costs for staff time, and desires to do so by means of applicant- paid fees. 5. The proposed application fees do not exceed the City’s reasonable costs to provide the service of reviewing sidewalk vending applications and issuing regulatory permits. Section 2. The City’s Master Fee Schedule is hereby amended to add the following application fees for sidewalk vending permits issued pursuant to Chapter 12.38 of the Hermosa Beach Municipal Code. Sidewalk Vending Permit Fee Initial Permit $325.00 Annual Renewal $325.00 Section 3. The Mayor shall sign and the City Clerk shall attest to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this ____ day of March 2019. ________________________________________________________________________ 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 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 12, 2019 CONSIDERATION OF AN ORDINANCE REGULATING SIDEWALK VENDING IN COMPLIANCE WITH SB 946 (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Introduce, upon first reading, an ordinance to regulate sidewalk vending within the City of Hermosa Beach in compliance with Senate Bill No. 946; and 2.Adopt a resolution amending the City’s comprehensive fee schedule to include administrative fines for sidewalk vending violations in compliance with Senate Bill No. 946;and 3.Adopt a resolution amending the City’s comprehensive fee schedule to include a sidewalk vending permit application fee and annual renewal fee. Executive Summary: Senate Bill 946 (“SB 946”), which took effect January 1, 2019, makes the regulation and criminalization of sidewalk vending a matter of statewide concern. Accordingly, cities and counties may no longer prohibit or regulate sidewalk vendors in the public right-of-way or in public parks except in accordance with the new state law, and enforcement of local sidewalk vending ordinances is limited to administrative fines (as opposed to criminal penalties). Sections of the Hermosa Beach Municipal Code relating to sidewalk vending are currently in conflict with the requirements of SB 946. If the City wishes to regulate sidewalk vending, it will need to adopt regulations that are consistent with state law. Absent substantially compliant local regulations, the default rules set forth in state law will apply-potentially allowing for unregulated sidewalk vending in the public right-of-way and within public parks. Background: SB 946 (Gov. Code sections 51036-51039) was enacted to promote entrepreneurship and to provide economic development opportunities for immigrant and low-income communities. The Legislature found that sidewalk vending increases access to desired goods (such as culturally significant food and merchandise) and that sidewalk vending contributes to safe and dynamic public spaces. Based on these findings, the Legislature sought to decriminalize sidewalk vending and to encourage local authorities to properly regulate the activity. To this end, a city or county may no longer prohibit or File #:REPORT 19-0141,Version:1 City of Hermosa Beach Printed on 4/2/2019Page 1 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 regulate sidewalk vending in the public right-of-way or in public parks except in accordance with the new state law. For purposes of SB 946, a “sidewalk vendor” refers to a person who sells “food or merchandise” from any “non-motorized conveyance” (such as a pushcart, a stand, or even from one’s person) upon “a public sidewalk or other pedestrian path.”1 A sidewalk vendor can be roaming or stationary. (Note that food trucks and other forms of motorized vending along roadways or public areas not designated for pedestrian travel (e.g., parking lots) are not covered by the new law.) Decriminalizing ViolationsWhile the decriminalization of street vending has been the subject of public discussion in California for a long time, the federal government’s recent escalation of deportations added urgency to the Legislature’s action. Last year, activists were galvanized when a woman in Rancho Cucamonga was arrested and detained by immigration authorities for selling corn in a city park. To avoid state complicity in the federal deportation of individuals for infractions and misdemeanors, SB 946 prohibits California cities from criminalizing sidewalk vending violations. Rather, state law now sets forth a mandated schedule of administrative fines as the only permissible penalty for vending violations and also requires ability-to-pay determinations when assessing fines. Justifying Regulation In addition to decriminalizing the activity, SB 946 restricts a city’s authority to prohibit sidewalk vending outright. State law now recognizes sidewalk vending as a legitimate way of earning a living and any regulation of the activity must be in accordance with the following requirements of SB 946: ·Generally, a city may only regulate the time, place, and manner of sidewalk vending for reasons “directly related to objective health, safety, or welfare concerns.” For example, a city may prohibit vending in a location that cannot accommodate both the activity and the minimum clearance required by objective state and federal disability access standards. ·“Perceived community animus or economic competition” does not constitute an objective public concern, and a city cannot require sidewalk vendors to obtain the consent or approval of residents or local businesses before being permitted to operate. Therefore, complaints by existing business owners cannot justify local regulation under SB 946. ·Sidewalk vendors of food remain subject to County health and safety regulations and permit requirements and other provisions of the California Retail Food Code. _______________________ 1 Government Code section 51036(a). In other words, public locations affected by SB 946 are as follows: City of Hermosa Beach Printed on 4/2/2019Page 2 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 ·Residential zones. Stationary sidewalk vendors may be prohibited outright in residential zones. However, roaming sidewalk vendors (those vendors who do not operate from a fixed location) may only be restricted for reasons directly related to objective health, safety, or welfare concerns (e.g., reasonable restrictions on hours of operation would be permissible). ·The public right-of-way. Restrictions must be justified as directly related to objective health, safety, or welfare concerns. ·Permitted temporary events. Cities may prohibit vending within the “immediate vicinity” of a permitted special event, included a certified farmers’ market or swap meet,during the limited duration of the event. ·Public parks (including recreational facilities). Stationary sidewalk vendors may be prohibited outright from operating in any park for which the city has entered an exclusive concessionaire agreement. Otherwise, vendors may be subject to any of the following types of restrictions: o Directly related to objective health, safety, or welfare concerns; o Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or o Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Issuing Permits In addition to justified regulations, a city may control sidewalk vending under the new law through a local permitting program. Pursuant to such a program, a city may require vendors to obtain a regulatory permit and business license before being permitted to operate. Any vendor identification collected by a city as part of its sidewalk vending permit application is deemed confidential. Staff is thus prohibited from making such records available for public inspection or otherwise disclosing the information except as required to administer the city’s permit program or to comply with a state law or a court order. Amending Existing Code Provisions SB 946 does not require local authorities to adopt a new regulatory program for sidewalk vending if an existing program substantially complies with the new state requirements. However, absent compliant regulations, a city may not cite, fine, or prosecute a person for violating sidewalk vending ordinances that are inconsistent with state law. Analysis: The existing provisions of the Hermosa Beach Municipal Code (“HBMC”) relating to sidewalk vending are in conflict with the law enacted by SB 946. Therefore, the attached ordinance proposes to amend the HBMC and regulate sidewalk vending in the City through a permitting program managed City of Hermosa Beach Printed on 4/2/2019Page 3 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 by the City’s Department of Public Works. Summary of Proposed Amendments to the HBMC Key provisions of the proposed permitting program include the following: ·Legislative findings. The proposed ordinance recites findings by the City Council-based on the circumstances of the Hermosa Beach community and concerns for its welfare-to justify the City’s restrictions on sidewalk vending. ·Definition of Sidewalk. SB 946 defines a sidewalk vendor as one who operates “upon a public sidewalk or other pedestrian path.” In turn, the proposed ordinance defines “sidewalk” to encompass standard sidewalks as well as paved pedestrian paths or walkways. Accordingly, vending on grass turf, unpaved trails, dirt paths, or other areas not designed for pedestrian travel would not be permitted. ·Restricted vending locations. 1)Generally, sidewalk vending is only permitted on sidewalks and paved pedestrian paths and walkways. 2)For reasons of public safety, vending permits may not be issued for locations that the Council has identified as “overcrowded,” including the Strand and Hermosa Avenue, between 10th and 14th Streets. 3)To protect the public’s use and enjoyment of natural resources and recreational opportunities, and consistent with California Coastal Act and the Open Space Lands Act, permits may not be issued for sidewalk vending on the beach, the Municipal Pier, the Hermosa Beach Greenbelt, and in Noble Park. 4)For reasons of public safety, the proposed ordinance requires sidewalk vendors to maintain a minimum distance of 300 feet from any public or private school ground and from the Hermosa Beach Community Center on school days, between 7:00 a.m. and 6:00 p.m. and when the Community Theater and 2nd Story Theater facilities are in use. The chosen distance and hours of restriction are based on comparable restrictions in administrative permits issued for temporary minor special events. HBMC section 17.42.150(D). 5)Consistent with state law, the proposed ordinance restricts sidewalk vending within one block of a certified farmers’ markets and other permitted events. 6)For reasons of public safety, the proposed ordinance imposes a number of distance restrictions from street intersections, fire hydrants, emergency exits, and other sensitive locations related to emergency services and motor and pedestrian traffic safety. 7)For reasons of public safety, the proposed ordinance also requires that stationary sidewalk vendors operate at a distance of at least 200 feet from another sidewalk vendor to avoid a concentration in a single location that might limit accessibility for pedestrians, affect traffic flows on the right-of-way, and pose a traffic safety hazard. ·Permit applications. To the extent the City requires applicants to show some form of personal identification, SB 946 requires the City to accept a California driver’s license or identification number, an individual taxpayer identification number or a municipal identification City of Hermosa Beach Printed on 4/2/2019Page 4 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 number (in lieu of a social security number). Any such applicant identification collected by the City shall be kept confidential and shall not be available for public inspection or otherwise disclosed except as required to administer the City’s permit program or to comply with state law or a court order. ·Business license required. In addition to a regulatory permit, sidewalk vendors are required to obtain a business license by which the City may assess a business tax. ·Operating requirements. Although sidewalk vendors will be not be required to obtain commercial encroachment permits (which are largely reserved for brick-and-mortar business owners extending their operations into the right-of-way adjacent to an existing storefront), sidewalk vendors will be subject to applicable local restrictions on commercial encroachments as codified in Chapter 12.16 of the municipal code. These restrictions include a mandated five (5) foot clearance for proposed vending locations, compliance with other laws and disability access requirements, restrictions against amplified sound and noise constituting a public nuisance, and requirements to maintain vending locations in clean, sanitary condition with proper trash disposal. o State law provides that restrictions on sidewalk vending hours in commercial areas shall not be more restrictive than the restrictions imposed on other businesses or uses on the same street. There are no such applicable hours restrictions for sidewalk vendors in Hermosa Beach. o State law distinguishes between “stationary sidewalk vendors” and “roaming sidewalk vendors.” The key regulatory difference between the two is that stationary vendors may be prohibited from operating in residential zones, while roaming vendors may operate therein according to restricted hours of operation. ·Sidewalk vending in parks.The City has not entered any concessionaire agreement with a third party vendor providing for the vendor’s exclusive right to sell or offer for sale food or merchandise in City parks. Therefore, the proposed ordinance largely regulates sidewalk vending in parks according to the other requirements for vending within the City. ·Grounds for revocation.Consistent with state law, a permit may be revoked for the fourth or subsequent violation of the proposed ordinance. ·Appeals. Permit denials and revocations may be appealed to Council. ·Penalties.Consistent with SB 946, permit violations, including sidewalk vending without a permit, will only be punished by an administrative fine, and actual fee assessments will take into consideration a person’s ability to pay the fine. Violators will also be notified of their right to request an ability-to-pay determination. In addition to the above, the attached ordinance amends existing sections of the Hermosa Beach Municipal Code for consistency with the new chapter governing sidewalk vendors and in compliance with state law. Sections from Chapter 10.32 governing street vending have also been amended for clarity. Summary of Proposed Resolution Amending the City’s Administrative Fee Schedule City of Hermosa Beach Printed on 4/2/2019Page 5 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 The schedule of administrative fines mandated by state law is as follows: A.Vending without a sidewalk vending permit will be punished by an administrative fine not to exceed the following amounts: 1.$250 for a first violation. 2.$500 for a second violation within one year of the first violation. 3.$1,000 for each additional violation within one year of the first violation. 4.Upon proof of a valid permit issued by the Department of Public Works, the administrative fine assessed under this paragraph will be reduced to the corresponding administrative fine set forth in paragraph (B). B.Any other violations of Chapter 12.38 of the Hermosa Beach Municipal Code will be punished by an administrative fine not to exceed the following amounts: 1.$100 for a first violation. 2.$200 for a second violation within one year of the first violation. 3.$500 for each additional violation within one year of the first violation. 4.The Public Works Director may revoke a sidewalk vending permit for the remainder of the permit’s term upon the fourth or subsequent violations. General Plan Consistency: PLAN Hermosa (the City’s combined General Pan and Local Coastal Program) was adopted in August 2017. The City recognizes and supports the need to maintain a strong, diverse and vibrant local economy. The proposed ordinance is supported by the following General Plan policies: ·Governance 6.5 Creative economy. Prioritize strategies that will create an economy full of diverse talents, trades and goods for the city. For long lasting economic success, a range of services, arts, entertainment and retail should be supported on all scales of the city’s economy. ·Governance 6.6 Pop-up shops. Develop plans and programs for underutilized spaces, such as vacant buildings, utility corridors, parkways, etc., for temporary retail, restaurant, and community-promoting uses. ·Governance 6.7 Retail base. Encourage economic development reflective of the character of Hermosa Beach with small and medium retail development within Hermosa Beach in order to create a stronger tax base and increase the City’s tax revenue. ·Land Use 1.7 Compatibility of uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses. ·Mobility 7.1 Safe public right-of-ways. Encourage that all public right-of-ways are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. ·Parks and Open Space 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open space to ensure activities do not impact general use and enjoyment. ·Parks and Open Space 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise. City of Hermosa Beach Printed on 4/2/2019Page 6 of 7 powered by Legistar™ File #:REPORT 19-0141,Version:1 Fiscal Impact: Costs associated with issuance and administration of sidewalk vendor permits are proposed to be recovered through a fee, as outlined in Attachment 3. Staff recommends an initial application fee of $325 and an annual renewal fee of $325 in order to cover the administrative time for processing the permits. Revenue will be estimated once staff is able to determine the demand for the permit. There may be indirect impacts associated with additional enforcement, but those costs are not expected to exceed the City’s current resources. Staff recommends the adoption of the administrative fines, as outlined in Attachment 2. The main objective of the administrative fines is to encourage compliance, not to generate revenue. Any revenue associated with the administrative fines will be estimated once staff is able to determine the number of administrative citations. Attachments: 1. Sidewalk Vending Ordinance 2. Sidewalk Vending Administrative Fine Resolution 3. Sidewalk Vending Permit Application and Renewal Fees Resolution. Respectfully Submitted by: Kathy Shin, Assistant City Attorney Concur: Lucho Rodriguez, Acting Public Works Director Concur: Kelly Orta, Community Resources Manager 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 4/2/2019Page 7 of 7 powered by Legistar™ Restricted Vending Locations The Strand and Herm osa Ave from 10th to 14th St, Pier Plaza Public Properties The Beach, The Pier, Pier Head, Greenbelt, Noble Park 300' around C ommunity Center 300' around Schools Parks - W ithin one block of farmer's m arket or swap meet during operating hours of these events - W ithin one block of designated special events - W ithin 15' of any street intersection - W ithin 10' of any fire hydrant, fire call box or other em ergency facility - W ithin 10' of any curb designated as w hite, yellow, green, blue, or red zone, or a bus zone - W ithin 10' of any entrance or emergency exit of any building or business - W ithin 10' of any driveway or driveway apron - U pon or within any roadway, median strip, or dividing section - On private property in a residential zone - On private property in a commercial zone without the consent of the property owner and a City-issued permit - W ithin 200' of another vendor Restricted Roaming Vending Locations Residential Streets Only roam ing sidewalk vendors will be permitted on these streets for limited duration. DATE: APRIL 9, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KEN ROBERTSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUPPLEMENTAL ATTACHMENT, 5(a) – SIDEWALK VENDING MAP The attached map replaces the previously attached map to more accurately reflect the locations where sidewalk vending may be permitted pursuant the terms of the proposed ordinance. The map clearly identifies areas where sidewalk vending is proposed to be prohibited, and generally identifies other “restricted” areas where vending may be permitted subject to the restrictions listed. CIT Y OF HERMOSA BEACH MEMORANDUM DATE: APRIL 9, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KEN ROBERTSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUPPLEMENTAL ATTACHMENT, 5(a) – SIDEWALK VENDING MAP The attached map replaces the previously attached map to more accurately reflect the locations where sidewalk vending may be permitted pursuant the terms of the proposed ordinance. The map clearly identifies areas where sidewalk vending is proposed to be prohibited, and generally ide ntifies other “restricted” areas where vending may be permitted subject to the restrictions listed. CIT Y O F H E R M O S A B E A C H M E M O R A N D U M Restricted Vending Locations Pier Plaza (Prohibited summer months and weekend nights) 300' around C ommunity Center (Prohibited during school hours and other events) 300' around Schools (Prohibited during school hours from 7am to 6pm) Parks (only allowed on paved walkways) Sidewalks in Commercial Areas - W ithin one block of farmer's m arket or swap meet during operating hours of these events - W ithin one block of designated special events - W ithin 15' of any street intersection - W ithin 10' of any fire hydrant, fire call box or other em ergency facility - W ithin 10' of any curb designated as w hite, yellow, green, blue, or red zone, or a bus zone - W ithin 10' of any entrance or emergency exit of any building or business - W ithin 10' of any driveway or driveway apron - U pon or within any roadway, median strip, or dividing section - On private property in a residential zone - On private property in a commercial zone without the consent of the property owner and a City-issued permit - W ithin 200' of another vendor - M ust maintain 5' clearance on sidewalk Restricted Roaming Vending Locations Residential Zone Only roam ing sidewalk vendors will be permitted on these streets from 8am to 8pm Pro hibited Vending Locations The Strand and Herm osa Ave from 10th St to 14th St Public Properties The Beach, The Pier, Pier Head, Greenbelt, Noble Park Written Communication from H. Longacre to the 7-PM, April 9, 2019 Regular Hermosa Beach City Council Meeting’s Agenda Public Hearing Item-5a ‘Sidewalk Vending Ordinance Consideration’ Page 1 of 3 City Manager's office and City Clerk: Please include this written supplemental with the 7-PM, April 9, 2019, Regular City Council meeting agenda Public Hearing Item-5-a, ‘Sidewalk Vending Ordinance Consideration’. Thank You. April 8, 2019 To: Hermosa Beach City Council (Stacey Armato, Mary Campbell Collins, Hany Fangary, Justin Massey, and Jeff Duclos), City Clerk, and City Manager. From: Howard Longacre, Hermosa Beach Resident. Re: Possibly missing city-owned public property inclusion in the staff item’s attachment-5 map of Public Hearing 5-a. Honorable Councilmembers and others: The following comments by me are given freely, and they are entirely my views and opinions on all that I've stated herein. Staff item direct link presently for Public Hearing 5-a; “ https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=3911356&GUID=133149E0-B79D-4C9B-BF5C-9A9B3C9387E7 “ Attachment number-5 with the staff report for Public Hearing 5-a gives a map of the city indicating the various area designations vis-à-vis the proposed sidewalk vending ordinance and which direct link to said map is presently; “ https://hermosabeach.legistar.com/View.ashx?M=F&ID=7145339&GUID=82D6E0F3-ED50-402D-92DA-52AFEAD21D81 “ Below follows a snag from said map with “Loreto Plaza” on the north side of ‘Pier Plaza’ circled in red by me. This supplemental thus pertains to the missing indication on said map of Loreto Plaza, a city-owned lot. Written Communication from H. Longacre to the 7-PM, April 9, 2019 Regular Hermosa Beach City Council Meeting’s Agenda Public Hearing Item-5a ‘Sidewalk Vending Ordinance Consideration’ Page 2 of 3 Should not the city-owned lot “Loreto Plaza” also be colored in green or maroon? Some background on all of this: Loreto Plaza is the city-owned lot that is located between two properties/lots fronting the north side of Pier Plaza that are apparently owned by close relatives of Councilman Hany Fangary’s wife. There had-been, or has-been for months, possibly still ongoing negotiations during council closed-sessions regarding a supposed air-rights lease over this “Loreto Plaza” city-owned lot. Councilman Hany Fangary initially had been ludicrously participating in the negotiations regarding the air lease. He supposedly no longer is participating in such. Again, how could Fangary had not known how outrageous that participation was? The negotiations might just as well been held in open-session? Notwithstanding, the fact that previous city councils had allowed the “Loreto Plaza” city- owned lot situation to ever come about in the first place, given such a strange state of the two surrounding properties to the city-owned lot, is unconscionable. I personally believe it is time for the air lease scam to end, and for all the stuff that’s been built over the city-owned lot to be removed. The lot has become a de facto virtually 100% free use of the entire public property (notwithstanding the air-lease) by the two adjoining properties. Most people evidently have no understanding these days that the lot in between these two properties, i.e., the “Loreto Plaza” lot, is owned by the people. For all intent and purpose it’s a public park! It should be noted that originally there was only a bridge walkway allowed above the city- owned lot and then outdoor tables appeared on the bridge and walkway, and then awnings covering the tables on the north end of the bridges, and then structures replacing the awnings, and then stucco walls and enclosures/roofs, all built in the air space that’s “rented”. Most of this as I recall was accomplished by prior owners of the two adjacent properties, and their tenants while prior city councils looked the other way, with then after-the-fact quasi-permits perhaps issued. It’s been a mess as long as I can recall, going back to the early ‘80s. However, and notwithstanding the mess, as an aside, Councilman Hany Fangary should have absolutely no say in any approvals with respect to any other project(s) located within a 300’ foot radius of the corners of the two properties surrounding Loreto P laza, as located on the Pier Plaza. And in fact Councilman Hany Fangary’s Form-700 filings with the City Clerk, from his earliest city involvements with Hermosa Beach elected office, should clearly display, per Written Communication from H. Longacre to the 7-PM, April 9, 2019 Regular Hermosa Beach City Council Meeting’s Agenda Public Hearing Item-5a ‘Sidewalk Vending Ordinance Consideration’ Page 3 of 3 California FPPC reasonable standards, 50% of his wife’s financial/beneficial entanglements with perhaps her extensive family network. Fangary’s recusal within a 300-foot radius of the properties adjoining Loreto Plaza would most-certainly include the ‘Pier and Strand’ proposed obscene hotel and bars pig- development, which to remind all again, has not received a single approval from the city and which development’s so-called ‘Cart-Before-The-Horse’ EIR approach is another absolutely absurd thing allowed by Hermosa councils, but fortunately with clear statements made by City Attorney Jenkins in a public meeting that the developer’s pursuit of the obtaining an EIR first, was 100% strictly at his own risk and full cost and was without any approvals whatever. Clearly any such gigantic land-aggregating pig-project, if ever permitted to be built, will set a new ultra-high-density precedent for projects in the Pier Plaza and downtown area and which will thusly have a significant effect on increasing the valuation of properties located in such Pier Plaza and downtown area, while representing a monumental degradation to the beachfront residential properties due to all the negative effects. Such increase in value would pertain to the two commercial properties adjoining the city- owned lot “Loreto Plaza”, which then obviously would be purchased by the owner’s of the adjoining lots. Thus there is no question as to why it is so apparent that Councilman Hany Fangary seems to be the most obsessed wheeler-dealer with the Strand & Pier developer. This is outrageous especially given that the City Attorney advised the councilmembers that they should stay away from such interactions with the developer due to all the approvals such development would have to receive in public hearings prior to rea ching the City Council. If all cannot appreciate the absolute ethical conflict of interest that Councilman Hany Fangary has, given his wife’s close relatives ownership of the two surrounding properties of the city-owned “Loreto Plaza” lot, then what understanding of ethics are left in Hermosa Beach? With regard to this supplemental submittal then, why was not the city-owned “Loreto Plaza’ property colored green or maroon in the attached map, given that all the other city-owned properties and open spaces appear to be colored properly. Was the map-maker instructed by someone not to make it obvious that “Loreto Plaza” is a city-owned property? *** End of written communication. *** STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 428 J Street • Suite 620 • Sacramento, C A 95814-2329 (916) 322-5660 • Fax (916) 322 -0886 July 1, 2015 Michael Jenkins City Attorney City of Hermosa Beach Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Re: Your Request for Advice Our File No. A-15-116 Dear Mr. Jenkins: This letter is in response to your request for advice on behalf of Hermosa Beach City Councilmember Hany Fangary regarding his duties under the conflict-of-interest provisions of the Political Reform Act (the “Act”).1 Please note that we are only providing advice under the conflict of interest provisions of the Act and not under other general conflict of interest prohibitions such as common law conflict of interest or Section 1090. QUESTION May Councilmember Fangary participate in decisions relating to the development application submitted by Pierside Properties, LLC (“PPL”)? CONCLUSION Yes. The councilmember does not have a disqualifying interest in the decision that would result in a conflict of interest. FACTS The City of Hermosa Beach is a general law city in Los Angeles County with a population of roughly 20,000. A privately owned, commercially developed parcel of property in the City located adjacent to the City-owned Pier Plaza called Loreto Plaza will be the subject of a development application in the near future. The property is owned by PPL. 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. Al l regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 4/9/19 AGENDA, ITEM 5a - ORDINANCE REGULATING SIDEWALK VENDING SUPPLEMENTAL INFORMATION SUBMITTED BY COUNCILMEMBER HANY FANGARY ON 4/9/19 AT 2:37 P.M. File No. A-15-116 Page No. 2 A distant relative of Councilmember Fangary (the husband of Councilmember Fangary’s wife’s first cousin – now deceased – hereafter the “applicant”) has an ownership or other interest in PPL, the entity that owns the property. Neither Councilmember Fangary nor his wife has a financial interest, or any other interest, in the property or PPL, nor any business or financial relationship with the PPL or the applicant. You note:  The Councilmember has no interest in the PPL property and does not own property within 500 feet of the property.  The Councilmember has no ownership or any other interest in PPL; he and his wife have no financial or business relationship with PPL or the applicant.  Neither PPL nor the applicant is a source of income or gifts to the councilmember or his wife in the past 12 months.  Neither the councilmember nor his wife anticipates receiving future income from PPL or the applicant. ANALYSIS The Act’s conflict-of-interest provisions ensure that public officials “perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.” (Section 81001(b).) Specifically, Section 87100 prohibits any public official from making, participating in making, or otherwise using his or her official position to influence a governmental decision in which the official has a financial interest. Section 87103 defines a “financial interest” as follows: “A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family,[2] or on any of the following: “(a) Any business entity in which the public official has a direct or indirect[3] investment worth two thousand dollars ($2,000) or more. A public official always has an interest in his or her personal finances. A governmental decision will have an effect on this interest if the decision will result in the personal expenses, income, assets, or liabilities of the official or his or her immediate family increasing or decreasing. The financial effect is material if the official or the official’s immediate family member will receive a measurable financial benefit or loss from the decision. (Regulation 18702.5) Section 82029 defines “immediate family” as the spouse and dependent children. Regulation 18229.1 defines a “dependent child” or “dependent children” as a child (including an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return . “For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10- File No. A-15-116 Page No. 3 “(b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more. “(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made. “(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. “(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating [four hundred and sixty dollars ($460)]4 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made.” You provided the following facts about the councilmember, PPL, and the applicant:  Investments and business positions: The Councilmember has no direct or indirect investment interest in PPL, nor is he employed by PPL.  Real property: The Councilmember has no direct to indirect interest in the property that is the subject of the PPL application, or any property within 500 feet of the subject property.  Source of income or gifts: Nether PPL nor the applicant has been a source of income or gifts to the councilmember or his immediate family in the past 12 months. Since the Act only prohibits financial conflicts of interest, the councilmember would not have a conflict of interest in the PPL application. percent interest or greater.” (Section 87103.) 4 The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the Commission to equal the same amount determined by the Commission pursuant to subdivision (f) of Section 89503. The quote above has been modified with the current figure. File No. A-15-116 Page No. 4 If you have other questions on this matter, please contact me at (916) 322-5660. Sincerely, Hyla P. Wagner General Counsel /s/ By: John W. Wallace Assistant General Counsel Legal Division JWW:jgl City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0227 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 AWARD OF PRODUCTION AGREEMENT WITH 5B ARTISTS + MEDIA FOR PRODUCTION AND MANAGEMENT OF THE SUMMER BEACH CONCERT SERIES (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council: 1.Award a Production Agreement with 5B Artists + Media for the production and management of the Summer Beach Concert Series; and 2.Authorize the City Manager to execute the Agreement and the City Clerk to attest subject to approval by the City Attorney. Executive Summary: The City has hosted a Summer Beach Concert Series (Concert Series),which consists of concerts at the beach each Sunday in August,since 2010.The Summer Beach Concert series is an event enjoyed by a broad audience base and is attended by people of all ages.At the expiration of the production agreement with the previous producer,the City issued a Request for Proposals (RFP)for the Concert Series beginning in 2019.Three proposals were received and following thoughtful evaluation that included multiple reviews and an interview,staff recommends that City Council award a Production Agreement for the production and management of the Summer Beach Concert Series to 5B Artists + Media. Background: At its regular meeting of December 6,2017,the City Council discussed options for future production of the Summer Beach Concert Series,appointed Mayor Stacey Armato and Pro Tem Mary Campbell to a Summer Concert Series Subcommittee to evaluate various opportunities and options.Following months of Subcommittee outreach and meetings with staff and the previous producer,on October 23, 2018,the City Council approved the Subcommittee’s recommendation to issue a Request for Proposals (RFP)to identify the highest quality and value production services available to the City. This recommendation also included a request for input on the scope of the RFP from the Parks, Recreation and Community Resources Advisory Commission (Commission),which was provided at City of Hermosa Beach Printed on 4/5/2019Page 1 of 5 powered by Legistar™ Staff Report REPORT 19-0227 its regular meeting on November 6, 2018. As a result of the holiday season and the time necessary to include the extensive input from the Commission as well as incorporating a peer review period to ensure it was all-encompassing,the RFP (Attachment 1)was released on Thursday,January 17,2019.A venue site visit was held on Monday,January 28 which included representatives from six production companies.The deadline for submission of proposals was Monday,February 25,at which time staff received a total of three (3) proposals.Following an evaluation by staff from the Community Resources Department and City Manager’s Office,it was determined that all three proposals were eligible for an interview,with interviews being held on Tuesday,March 12.To ensure an unbiased approach to this final evaluation, in addition to City staff,the three-person interview panel included two external panelists from the concert and event industry. Analysis: Following the issuance of the RFP for the Concert Series,proposals were received from KBH Entertainment,Colure &Diamond,and 5B Artists +Media.The submitted proposals were reviewed by staff to identify the most responsive qualified firm that has event production and management experience based on demonstrated competence,experience on similar events and activations,and professional qualifications.Of the three companies that submitted a proposal,staff recommends that City Council award an agreement to 5B Artists + Media. 5B Artists + Media was determined to be superior for a variety of reasons, including its: ·Extensive experience in the planning,management and operation of large outdoor music events and festivals; ·In-house resources that can be allocated, as needed, to provide a successful Concert Series; ·Confidence in and a demonstrated ability to obtain sponsorship opportunities that provide a fiscally responsible event; ·Strong desire to have the Concert Series remain a community event for all ages while applying creative approaches to elevate the visitor experience; and ·Overall flexibility in creating a Concert Series that is enjoyed by the community and the City of Hermosa Beach is proud to host. In addition to the traditional Sunday concerts,5B Artists +Media is willing to provide additional events on alternate days throughout the weekends to include movies,live performances and other activations that will utilize the existing stage infrastructure.In the interest of time,the details of these additional events will be coordinated once the production agreement is awarded and 5B Artists + Media is given an opportunity to begin putting its resources towards the Concert Series. Included as Attachment 2 is the Production Agreement that outlines 5B Artist +Media’s commitment City of Hermosa Beach Printed on 4/5/2019Page 2 of 5 powered by Legistar™ Staff Report REPORT 19-0227 Included as Attachment 2 is the Production Agreement that outlines 5B Artist +Media’s commitment to producing and managing the Concert Series in its entirety including the required personnel and services to ensure safe and enjoyable events for the community.Final artist selection,sponsors and marketing pieces will be at the discretion of the City to ensure they are acceptable and remain within the spirit of the annual Concert Series. Principal agreement terms include: Term-the proposed term is two (2)years with an option to extend an additional one (1)year term at the City Council’s discretion. City Contribution-5B Artists +Media is requesting no monetary contribution from the City as it is committed to obtaining the necessary sponsorships and donations to fully fund the Concert Series and additional events.While there will be staff time associated with the planning and implementation of the Concert Series as well as the allocation of parking spaces on the day of each event,which may result in parking meter revenue loss,the City would not need to appropriate any additional funds. Alcohol-as a means of maintaining a balanced budget,5B Artists +Media has requested consideration of the use of Lot A for a beer garden during the Concert Series.Since time is of the essence,upon execution of this agreement,staff would begin working with 5B Artists + Media’s production team to determine if this is feasible. ADA Accessible Mat-as the City has done the past few summers,it will continue to provide the ADA accessible mat at the beach entrance at 11th Street. Overall,staff has been very impressed with 5B Artist +Media and is excited for an opportunity to work with its team on the City’s annual Concert Series.A copy of 5B Artist +Media’s proposal is included as Attachment 3. General Plan Consistency: The relevant policies from the City’s general plan, PLAN Hermosa, include: ·Governance Goal 1. A high degree of transparency and integrity in the decision-making process. o 1.6 - Long-term Considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. ·Governance Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism. o 6.5 - Creative Economy. Prioritize strategies that will create an economy full of diverse talents, trades and goods for the city. For long lasting economic success, a range of City of Hermosa Beach Printed on 4/5/2019Page 3 of 5 powered by Legistar™ Staff Report REPORT 19-0227 services, arts, entertainment and retail should be supported on all scales of the city’s economy. ·Land Use Goal 11. A proud and visible identity as an arts and cultural community. o 11.3 - Arts as cultural tourism. Recognize the value of the arts to the city’s quality of life and economic stability and promote cultural tourism as an engine for economic development. ·Land Use Goal 12. A mix of cultural facilities that support and encourage the community’s vibrant range of art creation and presentation. o 12.4 - Outdoor performances and exhibit space. Support the maintenance and development of outdoor areas for the performance and exhibition of arts festivals and events. ·Parks & Open Space Goal 3. Community parks and facilities encourage social activity and interaction. o 3.1 - Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. o 3.2 - Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. ·Parks & Open Space Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community. o 7.3 - Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise. o 7.5. Designated recreational uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents. Fiscal Impact: At this time,the only fiscal impacts would be lost revenue associated with reserved parking spaces for 5B Artists +Media’s production team and the use of staff time to plan and implement the Concert Series.The number of parking spaces has yet to be determined;therefore,the lost parking meter revenue cannot be estimated at this time. Attachments: 1.Summer Concert Series Request for Proposal 2.5B Artists + Media Proposal 3.Draft Production Agreement (to be added as a supplemental) City of Hermosa Beach Printed on 4/5/2019Page 4 of 5 powered by Legistar™ Staff Report REPORT 19-0227 Respectfully Submitted by: Kelly Orta, Community Resources Manager 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 4/5/2019Page 5 of 5 powered by Legistar™ City of Hermosa Beach Community Resources Department REQUEST FOR PROPOSALS FOR PRODUCTION OF THE HERMOSA BEACH SUMMER CONCERT SERIES (RFP #: CR18-02) Request for Proposal Release ................................... Thursday, January 17, 2019 Venue Site Visit .......................................... Monday, January 28, 2019 at 11:00am Deadline to Submit Questions..................................... Monday, February 11, 2019 Final Date for Submitting Proposal ............................ Monday , February 25, 2019 Interviews with Proposers ................................. Week of March 4, 2019 (tentative) Proposal Evaluation/Award by the City .............................March, 2019 (date TBD) TABLE OF CONTENTS SUMMER BEACH CONCERT SERIES OVERVIEW & HISTORY ....................... 1 PURPOSE ............................................................................................................ 1 ORGANIZATION QUALIFICATIONS & EXPERIENCE ........................................ 1 SCOPE OF SERVICES ........................................................................................ 1 VENUE & EVENT INFORMAITON ...................................................................... 2 INSURANCE REQUIREMENTS ........................................................................... 3 CONTRACT PERIOD .......................................................................................... 3 PROPOSAL FORMAT .......................................................................................... 4 EVALUATION FACTORS ..................................................................................... 6 PROPOSAL SUBMISSION ................................................................................... 6 DISCLOSURE OF CONTENTS OF PROPOSAL ................................................. 6 PROPOSAL DUE DATE ....................................................................................... 7 SCHEDULE OF EVENTS ..................................................................................... 7 QUESTIONS & INQUIRIES RELATED TO RFP ................................................... 7 CITY REQUIREMENTS AND CONDITIONS ........................................................ 8 APPENDIX A: VENUE MAP ............................................................................... 10 1 SUMMER BEACH CONCERT SERIES OVERVIEW & HISTORY Since 2010, the City of Hermosa Beach has contracted the services of a local, professional music venue to produce, manage and execute an annual summer beach concert series each of the four (4) Sundays in the month of August. This free event has focused on providing entertainment suitable for a broad audience in a unique coastal venue, taking advantage of the city’s picturesque beach and Pier as the setting. The concerts are heavily attended by residents of Hermosa Beach as well as neighboring communities, attracting crowds between 4,000 – 10,000, depending on the caliber and fan base of the performing act(s). PURPOSE The City of Hermosa Beach is currently seeking a qualified concert/special event pr oducer or other qualified group or professional (Producer) with reputable experience in the music industry to plan, produce, promote, coordinate and execute a successful Summer Concert Series (Concerts) on the beach south of the Pier. It is the desire of the City of Hermosa Beach that the Concerts remain free to the public, feature a quality mix of high-caliber local, regional and/or domestic artists that will enrich the local community and continue to build upon the success of these annual events which have become beloved by the entire South Bay community. ORGANIZATION QUALIFICATIONS & EXPERIENCE Organizations/producers submitting proposals must demonstrate a qualified level of experience in organizing, producing and executing a series of live-music events held outdoors for the enjoyment of a broad audien ce. Additional experience in producing other outdoor experiences (i.e. movies, performances, interactive events, etc.) is ideal, but not required. Qualifications, as outlined in the Proposal Format, should include all applicable experience and provide enough detail to demonstrate a high level of knowledge in the live-music and entertainment industry as well as success in the programming and execution of large audience events. SCOPE OF SERVICES The intent of this Request for Proposal (RFP) is to award a contract to plan, coordinate, promote and execute all aspects of the Concerts beginning in 2019, tentatively scheduled for August 4, 11, 18 and 25. Previously, the City was not responsible for providing any financial contributions towards the production of the Concerts, however various in-kind City services were provided. Although City resources remain limited, all proposals are welcome. Proposals should clearly detail requested contributions from the City, the Producer’s contributions, and estimated contributions from sponsorships, as further outlined in the Proposal Format section of this RFP. The Producer may secure sponsors for the concerts and/or for a single concert, 2 however, each sponsor must be approved by the City of Hermosa Beach to ensure they are appropriate partners for the event. The Producer is expected to generally provide the following services (but not limited to): • Book, contract with, and pay artists, appropriately curated for an annual four-part concert series that appeals to a broad audience; • Provide the following minimum specifications and staffing necessary to execute all aspects of the concerts related to: o Concert Stage: One (1) main concert stage, that is covered and includes professional quality lighting and sound system. The total area available for the stage and backstage area is approximately 50x60 feet; o Audio/Visual Support Equipment: The audio system must be capable of producing clear, quality sound for an outdoor audience of up to 5,000 people; o Musical Artists: At least one artist shall be scheduled to perform for no less than one hour each evening. Artists shall be of various genres that appeal to a wide demographic. • Provide an experienced point-of-contact to work with city staff in the coordination, logistical planning, and implementation of the concerts within city policies and requirements. This person shall also be available and on-site for the duration of the Concerts; • Provide all staffing necessary to safely and professionally operate associated equipment; • Oversee general Concert production; • Provide the appropriate amount of event security and uniformed Police Officers as advised by the Hermosa Beach Police Department; • Acquire and maintain sponsorships; • Prepare and implement an annual m arketing and advertising plan for the concerts through all available sources; and • Provide necessary refreshments/special requests to the artists, as allowed by the Hermosa Beach Municipal Code. VENUE & EVENT INFORMATION The concerts take place on the beach just south of the Hermosa Beach Pier. See Appendix A for an aerial diagram of the concert set-up. While there is an opportunity for the placement of the vendor/sponsor tents to be moved, the stage must stay in its designated area due to the required emergency lanes for Los Angeles County Lifeguard vehicles. The stage is permitted to remain in place throughout the entire month of August, although it is the responsibility of the Producer to fence the stage area while not in use. 3 Recent concerts have included the following artists: 2016 2017 2018 Brett Dennen Venice Robby Krieger of the DOORS Moustache Harbor Robert Randolph and the Family Band Everclear Day of the Dead featuring Cubensis SuperDiamond The English Beat Sashamon Big Head Todd & the Monsters Venice The City of Hermosa Beach does not allow alcohol on the beach per Hermosa Beach Municipal Code 12.20.040. Event sponsors should not be affiliated with drugs or alcohol or other products or services prohibited by the City and ALL proposed sponsors are subject to approval by the City. INSURANCE REQUIREMENTS Without limiting the successful proposer’s indemnification of the City, the successful proposer will be required to provide and maintain at its own expense during the term of the Agreement a program of insurance satisfactory to the City covering its operations thereunder. When such coverage is provided by commercial insurance, such insurance shall be secured through a carrier satisfactory to the City, and certificates evidencing such insurance, along wit h significant endorsements, shall be delivered to the City no later than fifteen (15) days after execution of the Agreement. The successful proposer shall give the City at least thirty (30) days written notice of any modification or cancellation of any policy of insurance. The selected proposer shall maintain General Liability Coverage and Automobile Liability Coverage in an amount of not less than two million dollars ($2,000,000) per occurrence. Such insurance shall be primary to any other similar insura nce, shall name the City as additional insured, and shall contain a provision stating that the insurance carrier will provide thirty (30) day advance notification of cancellation of such insurance. All policies shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the selected proposer (as the named insured) should the selected proposer 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. Proposers understand and agree that satisfaction of this requirement is an express condition precedent to the effectiveness of an award. CONTRACT PERIOD The City is proposing an initial contract term of three (3) years with an option to extend one (1) additional two-year term. The City is open to considering an alternate contract period provided the rationale or request for different terms is included in the producer’s proposal. 4 PROPOSAL FORMAT 1. Title Page a. Show the RFP subject/title, the name of your organization, address, and the name and contact information for the primary contact person authorized to be the representative for this annual event. 2. Table of Contents a. Clearly identify the material by section and page number. 3. Letter of Transmittal a. Briefly state your organization’s understanding of the work to be done and provide a positive commitment to perform the work; and b. Give the names of the persons who will be the representative from your organization specific to this RFP including their title(s), addresses, telephone numbers and email contact information. 4. Profile of Organization a. State whether your organization is national, regional or local-based; b. State the location of the office from which your work is to be performed specific to this RFP; c. Describe your organization, including the size, range of activities/events, etc. and how it relates to and will benefit this RFP; d. If applicable, provide a list of local talent your organization has worked with and provide details on the project or event that may be applicable to this RFP; e. Provide a list and description of similar engagements that your organization has satisfactorily performed within the past five (5) years including outdoor festivals, music events, and large civic events. For each engagement listed, please include: i. Brief description of the event, date(s), and audience size; ii. Name, email, and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance; f. Provide 5 professional references that your organization has recently worked with including any combination of talent (artists), Booking Agents, venues, municipalities, and sponsors; and g. Details of any litigation within the last five (5) years involving your organization as it relates to the services detailed in this RFP. 5. Summary of Producer’s Qualifications. a. Identify all Key Personnel, including a Project Manager, Deputy Project Manager and any other team members who will work as part of the Concert team. Include resumes for each person to be assigned that details the largest event they produced and their role. The resumes may be included as an appendix; b. Describe the organizational flow of the proposed Production team, detailing the level of involvement and expertise of each member of the team; 5 c. Describe each team members’ applicable experience in producing similar projects, including names of performers and applicable event details for each; d. Identify the services which would be completed by your organization and those that would be provided by sub-consultants or sub-contractors, if any; and e. Identify the requested hard and soft costs that the City of Hermosa Beach shall provide to support the Concerts on an annual basis (i .e. parking, security coordination, portable restrooms, etc.) 6. Summary of Marketing and Promotion Plan. a. Describe your organization’s current marketing and promotional approaches for similar events including social media, local newspapers, etc.; and b. Describe your anticipated approach to promoting and marketing the Concerts including the level of outreach (local, regional, etc.). 7. Summary of Event & Logistics a. Provide a conceptual site plan of the concerts including any stages, tents, etc.; i. Appendix A includes the most current site plan from recent Concerts. b. Conceptual plans for concession opportunities; c. Describe, in as much detail as possible, your organization’s ability/plans to ensure safe and successful Concerts as it relates to the coordination and implementation of: i. Trash services; ii. ADA requirements; and iii. Security plan. 8. Options for Additional Use of Stage Infrastructure a. Include concepts for use of the stage on days opposite of the scheduled Concerts that your organization has the experience and knowledge to produce (i.e. outdoor movies, fitness activities, etc.). 9. Estimated Timeline a. Provide a proposed timeline of the tasks that will be required annually to complete the services outlined to fulfill the scope of this RFP including the anticipated number of meetings with the city’s Special Event Team (Hermosa Beach Police, Building, Community Resources and Public Works as well as Los Angeles County Fire Department). 10. Financial Outlook a. Describe the anticipated financial plan to produce the concerts including: i. Your organization’s contributions; ii. Anticipated sponsorship revenue; iii. Proposed partnerships, donations or contributions to local non-profit organizations; iv. Payment to the City from concert revenues, if applicable; and v. Hard or soft cost requests from the City. 6 EVALUATION FACTORS Proposals will be evaluated based on the following criteria: • Experience • Marketing and Promotional Plan • Project Understanding, Proposed Approach and Methodology • References and Successfully Completed Similar Project; and • Financial and Cultural Benefits to the City PROPOSAL SUBMISSION By submitting a proposal, the Producer affirms that it is familiar with all the terms and conditions of this RFP and is informed in all matters affecting the performance of the servic es called for in this RFP. All proposals submitted should contain a clear explanation of how the Scope of Services will be achieved by the Producer and how its experience and background lends itself to a successful outcome. Additionally, the P roducer affirms that the Proposal has been checked for errors and omissions and that all information provided is correct and complete. To ensure this information is provided, please submit in the Proposal all sections outlined in the RFP. All proposals shall be signed in ink by the President, Chief Executive Officer, or individual authorized to act on behalf of the organization , with current Power of Attorney, if applicable. The name and mailing address of the individual making the proposal must be provided. Complete proposals shall be submitted in person or by mail by the deadline, as follows: • Three (3) sealed, original copies mailed or delivered to Kelly Orta at address shown below; and • One (1) pdf copy emailed to korta@hermosabch.org. No oral, telephonic or telegraphic proposal or modification of Proposal will be considered. DISCLOSURE OF CONTENTS OF PROPOSAL All proposals accepted by the City shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public once the City has negotiated an agreement, with the exception of those elements of each proposal which are identified by the Producer as business or trade secrets and plainly marked as “Trade Secret”, “Confidential” or “Proprietary”. Each element of a proposal which the Producer desires not to be considered a public record must be clearly marked as set forth above. If disclosure is required under the California Public Rec ords Act or otherwise by law, the City will make an independent determination and retain the confidentiality to the extent permitted by the Public Records Act. 7 PROPOSAL DUE DATE Proposals will be accepted up to the hour of 4:00pm on Monday, February 25, 2019. Proposals must be submitted addressed as follows: City of Hermosa Beach - Community Resources Department 710 Pier Avenue Hermosa Beach, CA 90254 Proposal: PRODUCTION OF THE HERMOSA BEACH SUMMER CONCERT SERIES SCHEDULE OF EVENTS Request for Proposal Release ................................... Thursday, January 17, 2019 Venue Site Visit .......................................... Monday, January 28, 2019 at 11:00am Deadline to Submit Questions..................................... Monday, February 11, 2019 Final Date for Submitting Proposal ............................ Monday , February 25, 2019 Interviews with Proposers ................................. Week of March 4, 2019 (tentative) Proposal Evaluation/Award by the City .............................March, 2019 (date TBD) The venue site visit will take place Monday, January 28, 2019 at 11:00am on the beach just south of the Hermosa Beach Pier. QUESTIONS AND INQUIRIES RELATED TO RFP In order to avoid any potential confusion, and to minimize burden on City staff, the City is requiring that all procedural questions relating to this RFP be directed by email only to: Kelly Orta, Community Resources Manager, korta@hermosabch.org Specific questions relating to the content of this RFP should be submitted in writing via email on or before Monday, February 11, 2019. Responses for all questions will be provided in a timely manner to provide ample time for submittal of the proposal by the deadline. Any Proposers found to be soliciting other members of City staff, or City Council members during this RFP process are subject to disqualification. 8 CITY REQUIREMENTS AND CONDITIONS • All proposals, inquiries, responses, and/or correspondence related to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the Producer will become the property of the City when received. • All costs of proposal preparation shall be borne by the Producer. • The proposal should include the applicant’s best terms and conditions, though the City reserves the right to negotiate. • All proposals become the property of the City, which reserves the right to use any or all of the ideas in these proposals, without limitation. Selection or rejection of a proposal does not affect these rights. • The City reserves the right to extend the RFP submission deadline if, in the City’s sole judgment, such action is in its interests. If the deadline is extended, all applicants will have the right to revise their proposals. • The City reserves the right to reject all, or any, of the proposals it receives, to waive technicalities or formalities, and to accept any proposal deemed to be in the best interest of the City. Where two or more Producers are deemed equal, the City reserves the right to make the award to one of the two Producers. • The City reserves the right to withdraw or modify this RFP, and to refrain from awarding contracts altogether. • The City reserves the right to request additional information, including support documents, during the RFP evaluation process. • Prior to award of the contract, the CITY reserve s the right to request additional information about the history of operations of the Producer and its principals. • Proposals deemed non-responsive will be returned. • Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested may result in rejection of the proposal. • No proposal shall be withdrawn after the date and time set for opening thereof, and all proposals shall remain in effect for one hundred eighty (180) days after the final proposal submission date. 9 • Until a staff report recommending award of a contract has been placed on a City Council agenda, the proposal shall be held in confidence and shall not be available for public review. No information contained in any proposal or information regarding the identity of Producers will be made available at any time during the selection process. • Upon award of a contract, all proposals shall be public records (except financial statements, submitted under a separate cover with a request for confidentiality, which shall be disclosed only upon order of a court with competent jurisdiction). • Any changes to the RFP requirements will be made by addendum. Addenda will be emailed to Producers at the address provided by Producers. All addenda shall be signed and attached to the PROPOSAL FORM. Failure to attach any addenda may cause the proposal to be considered non-responsive. Such proposals may be rejected. • No prior, current or post award verbal conversations or agreements with any officer , agent, or employee of the City shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. • Nonacceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal or proposed system or equipment was deficient. • Nonacceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that no proposal was deemed acceptable. • The selected Producer shall not discriminate in hiring on the basis of gender, race, religion, sexual orientation, or medical condition. Upon acceptance of a proposal, the City may request that the selected firm sign a statement affirming its compliance with this policy. • Questions regarding this RFP should be directed to Kelly Orta, Community Resources Manager, korta@hermosabch.org. END OF REQUEST FOR PROPOSAL 10 APPENDIX A Production Agreement – 5B Artists + Media Page 1 of 10 CONCERT SERIES PRODUCER AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND 5B ARTISTS + MEDIA This CONCERT SERIES PRODUCER AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF HERMOSA BEACH ("City"), a municipal corporation, and 5B Artists + Media (“Producer”). R E C I T A L S A.The City desires to obtain professional services from the Producer for the management and production of the Summer Concert Series (“Summer Concerts” or “beach concerts”), held annually in August. 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 production services to manage and produce this community event. C.The Producer warrants to the City that is has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. NOW, THEREFORE, in consideration of the promises, covenants, and agreements set forth herein, the parties hereto agree and represent as follows: 1.TERM OF AGREEMENT The term of this Agreement shall be for two concert series cycles commencing on April 10, 2019 and terminating December 31, 2020, unless earlier terminated as provided herein. The City Council may, in its sole discretion, elect to extend this Agreement for an additional one-year term. 2.PRODUCER’S OBLIGATIONS AND RIGHTS A.Producer shall at its sole cost and expense organize, manage and conduct the City’s summer beach concert series for the term of this Agreement and do all of the following: (1)Secure and compensate performing artists, subject to City Manager approval, for the number of concerts on the dates and at the times approved by City. City Manager approval of performing artists shall be given within seven days of Producer’s delivery of names of proposed artists. The City-approved concert schedule each year this Agreement is in effect shall be considered an addendum to this Agreement. (2)Provide a stage and sound system from a licensed production company, sound crew and stage crew. 4/9/19 AGENDA, ITEM 6a - SUMMER BEACH CONCERT SERIES SUPPLEMENTAL PRODUCER AGREEMENT SUBMITTED BY COMMUNITY RESOURCES MANAGER KELLY ORTA ON 4/9/19 AT 1:37 P.M. Production Agreement – 5B Artists + Media Page 2 of 10 (3) Provide all staffing necessary to execute all aspects of the concerts relating to staging, sound and artist performances. (4) Provide private security with licensed personnel as directed by the Chief of Police. (5) Provide personnel for volleyball net removal south of the Pier at a time mutually agreed upon when crowds are expected to extend past 11th Street and the marking of beach quadrants for crowd control and beach access purposes. (6) Provide portable toilet facilities and trash and recycling receptacles as required by the Public Works Department; (7) Provide stage specifications to the Building Department for review and approval no later than ten (10) working days prior to construction of the stage. (8) Provide perimeter security fencing for the stage to remain in place while the stage is not in use. (9) Comply with all applicable laws and City ordinances in the performance of this Agreement. (10) Attend pre-operation and post-concert meetings with City staff at mutually agreeable times. (11) Producer will be responsible for procuring any required permits from the Los Angeles County Health Department and any other government agencies with jurisdiction. (12) Publicize the concerts on its website and otherwise in its discretion. The content of flyers, banners, social media platforms and other marketing tools are subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. (13) Obtain and maintain in force for the duration of this Agreement a policy of commercial general liability and property damage insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Producer’s actions and performance under this Agreement, whether or not done by Producer or anyone directly or indirectly employed by Producer. Such insurance shall have a combined single limit of not less than $2,000,000. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on the policy. Producer shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 10 days prior written notice of the cancellation during the term of the Agreement. All required Production Agreement – 5B Artists + Media Page 3 of 10 insurance policies are subject to approval of the City Attorney. Failure on the part of Producer to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement; in such event City may pay any premiums therefor at Producer’s expense. Producer shall also carry Worker’s Compensation Insurance for all Producer’s employees to the extent required by the State of California. (14) The concerts shall be free to the public and no tickets will be sold or required to attend the concerts, except as provided in paragraph 2C(5) below regarding the VIP area. (15) Negotiate in good faith with City and make commercially reasonable efforts to accommodate other city-approved events utilizing its sounds system and other infrastructure. B. Producer shall at its sole cost and expense organize, manage and conduct additional events utilizing the existing stage infrastructure on alternate days from the concerts on dates determined by City and do all of the following: (1) Perform the obligations set forth in and comply with all of paragraph A above. (2) The event(s) will take place during the month of August on Saturdays or weekdays with dates and duration as approved by the City. (3) Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food and beverages in the concert venue. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (4) At its election, Producer may at its sole expense offer shuttle transportation to eventgoers, subject to approval of a shuttle transportation plan by the City. C. Producer shall have: (1) Sole and exclusive control over the production, presentation and performance of the concerts, including but not limited to the details, means and methods of the performances of the performing artists. (2) The exclusive right to photograph, record, cablecast, stream live or reproduce the performances, or any part thereof and use of recorded footage in perpetuity for promotional or other purposes. (3) The sole and exclusive right but not the obligation to sell souvenir programs or other souvenir items, including audio recordings in any and all formats and media Production Agreement – 5B Artists + Media Page 4 of 10 in connection with and at the concerts, receipts from which shall belong exclusively to Producer. (4) The right to sell sponsorships for the concert series, provided that sponsors shall be subject to advance City written approval by the City Manager within 48 hours of receipt of sponsor information, which approval will not be unreasonably withheld. Sponsor advertising and displays will be permitted subject to City approval of location and manner of advertising and displays, which approval will not be unreasonably withheld. Sponsor tents must be not less than ten (10) feet from the Strand wall and interiors of tents shall be shielded from view from the Strand with opaque backing. Sales of food, non-alcoholic beverages and merchandise may only be made from within sponsor tents and only from the west- facing side of the tents. Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food from a sponsor tent by way of an email invitation. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (5) The right to establish a secure VIP backstage area immediately behind the stage. Access to the backstage area is available to any person who purchases an annual donor pass, the price of which is subject to advance approval of the City Manager, and which will be valid for all or a portion of a single year concert series. Walk- up day-of-concert purchase of donor passes on a concert-by-concert basis is prohibited. Producer may serve food and beverages, excluding alcoholic beverages, in the backstage area. Producer may utilize the revenues from the sale of donor passes to offset the production costs of the concert series. (6) The exclusive right to produce summer beach concerts for the City during the term of this Agreement. 3. CITY’S OBLIGATIONS AND RIGHTS A. City shall be responsible for providing the following in connection with the summer beach concerts: (1) Publicity for the concert series by way of postings on the City’s Website calendar, monthly newsletter, posting on the marquee sign on Pacifi c Coast Highway/Pier Avenue and social media accounts. All material will be mutually approved. Additionally, the City will grant full waiver of application fee(s) for street banner permits. Production and costs associated with installation of banners will be provided by Producer. (2) General comprehensive liability insurance coverage in an amount not less than its usual limits through the ICRMA insurance pool to protect against any claim for personal injury or property damage brought by or on behalf of any person as a Production Agreement – 5B Artists + Media Page 5 of 10 result of or in connection with the concerts. Producer will be named as an additional insured on City’s policy as regards City’s responsibilities under this Agreement. (3) Coordination of an Amplified Sound Permit (at no additional cost). (4) Placement and maintenance of an ADA accessible mat on the beach at a mutually agreed upon location. (5) Make a portion of the City beach and a 40’ x 40’ space in the far northwest corner of Pier Plaza, as described in Exhibit A attached hereto and incorporated herein by reference available for the concerts. City shall prepare, after consultation with Producer, a scaled plot plan showing the location of all structures, tents, seating areas, portable toilets, generators, waste and recycle bins and any other equipment to be used for the concerts. The 40’ X 40’ space on Pier Plaza will be made available to Producer commencing at 11:00 a.m. on the day of each concert. Event-related activities on Pier Plaza will be subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. (6) Provide reserved parking spaces on the westerly portion of Lot A or Lot B from 10:00 a.m. until 6:00 p.m. on the day of each concert. The number of parking spaces will be subject to advance written approval by the City Manager no less than thirty (30) days prior to each event, which approval will not be unreasonably withheld. City will provide parking passes to Producer for its production staff for use of the reserved spaces. Any unused spaces will be made available for public use after 6:00 p.m. Producer may at its expense provide a monitor to manage the reserved spaces. (7) Provide reserved parking spaces on the westerly portion of Lot A or Lot B for additional events held on alternate days from each concert. The number of parking spaces will be subject to advance written approval by the City Manager no less than thirty (30) days prior to each event, which approval will not be unreasonably withheld. City will provide parking passes to Producer for its production staff for use of the reserved spaces. Any unused spaces will be made available for public use after 6:00 p.m. Producer may at its expense provide a monitor to manage the reserved spaces. C. City agrees to work in good faith with Producer to consider the use of Lot A or other City-owned property for a beer garden that is activated solely during the summer concert events. This provision will be dependent on approval by the City’s Chief of Police and City Manager, which approval will not be unreasonably withheld. D. City reserves all right, title and interest to the concert series described in this Agreement whether located on the beach, Parking Lot A, in a City park or on other City-owned property. Producer acknowledges the City’s exclusive right, title, and interest in and to the concert series and acknowledges that nothing herein shall be construed to accord to Production Agreement – 5B Artists + Media Page 6 of 10 Producer any rights in the concert series or its name to Producer. Producer warrants and represents that it will not at any time challenge the City’s right, title, or interest in the concert series. Upon expiration or other conclusion of this Agreement, Producer will not use nor have the right to use the phrases “City of Hermosa Beach,” “Hermosa Beach,” “Hermosa Beach Summer Beach Concert Series,” Hermosa Beach Concert Series” or any combination or permutation thereof for any business purpose whatsoever, aside from identifying itself as a past producer of the event. The foregoing notwithstanding, City acknowledges Producer’s rights to its own name and agrees that upon expiration or other conclusion of this Agreement, City will not use Producer’s name in connection with City concerts. These obligations shall survive termination or expiration of this Agreement. E. City reserves the right to approve the location and manner of sponsor advertising and displays, which approval will not be unreasonably withheld. F. City reserves the right for the City Council at any time to cancel one or more of the summer beach concerts contemplated by this Agreement if it finds based on evidence that the concert(s) are detrimental to public safety. 4. COMPENSATION City shall have no obligation to compensate Producer for its services under this Agreement. Producer shall be compensated solely from sponsorship fees and revenues from souvenirs that it arranges pursuant to its rights under Section 2 of this Agreement. Producer shall maintain accounts and records adequate to identify and account for all sponsorship revenues obtained pursuant to this Agreement. All records shall be made available at the request of City, with a 60-day notice, during regular business hours, and shall be retained by Producer for a period of three years after the expiration of this Agreement. 5. DEFAULTS In the event that it is determined that either party has committed a material breach in the performance of any of the terms or conditions of this Agreement or fails to conform to the rules and regulations or any of the directions or instructions that may be properly made by the City in the exercise of its powers or becomes unable through corporate incapacity to fulfill its obligations under this agreement or defaults in the performance of any of the other terms or provisions therein required, the claiming party shall provide the defaulting party a written notice of such default. If the defaulting party does not cure said default within ten (10) days after such notice was first received or, make reasonable efforts to cure said default, it is mutually agreed and understood that this Agreement may be terminated. In the event of such termination, should the non-defaulting party be liable for the cost of services performed or acquired or expenses incurred by itself or the defaulting party , the defaulting party shall pay to the non-defaulting party amounts due and owing prior to such termination. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Production Agreement – 5B Artists + Media Page 7 of 10 In the event of a default in the performance of this Agreement, the maximum damages which either party may seek to recover will be limited to out-of-pocket costs referenced in the paragraph above, taking into account any amounts that the non-defaulting party recovered or could have recovered using its best efforts to mitigate its damages. Notwithstanding the foregoing, neither party will be entitled to recover any alleged lost profits or similar damages. Under no circumstances will either party be liable to the other in contract, tort or otherwise for any indirect, incidental, special, consequential, punitive, exemplary or similar damages that result from its performance or nonperformance hereunder. 6. NOTICES All notices, requests, demands and other, communications between the parties shall be in writing and, unless specifically provided otherwise, shall be delivered personally, by email or mailed first class with postage prepaid and properly addressed as follows: If to Producer, to: 5B Artists + Media 12021 Jefferson Blvd. Culver City, CA 90230 Attn.: Josh Sribour If to the City, to: Suja Lowenthal, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, Malibu CA 90254 All notices shall be deemed to have been received upon personal delivery, receipt of email or three (3) days after deposit in the U.S. Mail, whichever is earlier. 7. ASSIGNMENT AND DELEGATION Neither Producer nor the City shall assign or otherwise alienate any of its rights or delegate or otherwise transfer any of its duties hereunder except those duties and subcontracts reasonably anticipated under the Agreement. Any permitted assignment or delegation of a party's rights or duties hereunder shall not relieve such party of primary responsibility for the performance thereof. 8. EFFECTIVENESS OF AGREEMENT This Agreement shall not be of any force or effect unless and until it is executed by the authorized representatives of Producer, approved by the City Council of the City, and executed on behalf of the City by the City Manager. Each party represents and warrants that it has the right and authority to enter into this Agreement and that by entering into this Agreement it will not violate, conflict with or cause a material default under any other contract, undertaking, judgment or encumbrance to which it is a party. Production Agreement – 5B Artists + Media Page 8 of 10 9. INDEMNITY City shall indemnify, protect, defend and hold harmless Producer from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the City’s negligent or wrongful performance of its obligations under this Agreement, provided such claims are not caused by negligence or misconduct of the Producer. Producer shall indemnify, protect, defend and hold harmless City, its officers, employees and agents, from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the Producer’s and Producer’s subcontractor’s negligent or wrongful performance of its ob ligations under this Agreement, provided such claims are not caused by negligence or misconduct of the City. These indemnity obligations shall survive termination or expiration of this Agreement. 10. NO WARRANTIES Producer makes no warranties of any kind, express of implied, in connection with the performances of the performing artists. Producer hereby expressly disclaims any implied warranties arising from a course of dealing of course of performance. Except as provided herein, no oral or written information given by Producer will create a warranty or representation and City expressly acknowledges that it has not entered into this Agreement in reliance upon any alleged representation or warranty of Producer. 11. FORCE MAJEURE A force majeure event under this Agreement is an event beyond the control of the Producer that makes performance of its obligations hereunder impossible, impracticable or unsafe, including fire; threats or acts of terrorism or other forms of civil disorder in or near the concert venue; strikes or lockouts or other labor strife; acts of God; absence of electrical power or other essential services; any act or rule of any court of governmental agency with jurisdiction; or other similar cause. If a force majeure event occurs, the parties’ obligations hereunder will be excused fully, without any additional obligation and each of the parties will bear its own costs incurred in connection with this Agreement. 12. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California and of the City. In the event of a dispute concerning the rights, duties, and obligations arising out of this Agreement, the parties agree that exclusive venue for all such disputes shall be in the State of California, County of Los Angeles. Production Agreement – 5B Artists + Media Page 9 of 10 13. NONDISCRIMINATION Producer shall not discriminate on the basis of race, national origin, gender, age, sexual orientation or religion in the performance of this Agreement. 14. AMENDMENT This Agreement may only be amended by a writing executed by all of the parties hereto. 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and Producer on this subject matter and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. 16. NO AGENCY. The parties hereto are separate and independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither party shall make any warranties or representations on behalf of the other party. 17. RECORDS AND AUDITS. Producer shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to its performance under this Agreement and such other records as may be deemed necessary by the City. All records shall be made available at the request of the C ity, with reasonable notice, during regular business hours, and shall be retained by Producer for a period of three years after the termination or expiration of this Agreement. Production Agreement – 5B Artists + Media Page 10 of 10 This Agreement is executed on this day of , 2019, at Hermosa Beach, California, and effective as of _________ , 2019. CITY OF HERMOSA BEACH ___________________________________ Suja Lowenthal, City Manager ATTEST: ___________________________________ Elaine Doerfling, City Clerk (seal) 5B Artists + Media _______________________________ Josh Sribour APPROVED AS TO FORM: ___________________________________ Michael Jenkins, City Attorney Proposal for: Hermosa Beach Summer Concert Series 12021 Jefferson Blvd Culver City, CA 90230 Primary Contact: Josh Sribour 310-450-2552 Josh@5bam.com Secondary Contact: Cory Brennan 310-450-3159 Brennan@5bam.com The Summer Concert Series has been wildly successful in years past. Our objective is to elevate the experience by bringing in a higher level of Talent and Entertainment, utilizing 5B relationships in the entertainment industry. We plan to execute this by providing beach-culture sponsors that will integrate brand activations including designated tent-retail space for merchandise, games, promotional giveaways, etc. Operations Manager: Cory Brennan PH: 310-450-3159 Email: brennan@5bam.com Cory Brennan, a South Bay local, is an entrepreneur, talent manager, investor, and entertainment executive. Brennan is the founder and CEO of 5B Artists+Media, which represents Grammy Award-winning musicians including Slipknot, Stone Sour, Megadeth, and Lamb of God, among others. 5B also includes a record label, film and festival production, a talent agency, and a digital marketing agency. Event Director: Josh Sribour PH:310-450-2552 Email: Josh@5bam.com Josh Sribour, another South Bay local, is an 18year veteran in the music industry specializing in Talent Management and Tour Management. Sribour’s artist management roster consists of Flogging Molly, Pennywise, The Bronx, and Mariachi El Bronx. Sribour has held the position of Director of Events at 5B for the past 3 years. Production Manager: Jenny Douglas PH:310-450-3712 Email: jenny@5bam.com Jenny Douglas is a 17year veteran in the music industry, specializing in: Tour Management, Production Management, and Audio Engineering. Douglas has been the Touring Director for 5B Artists+Media for the past 4 years. Director of Digital Marketing and Promotions: Stephen Reeder PH: 310-450-3705 Email: reeder@5bam.com Stephen Reeder is Director of Digital Marketing at 5B and oversees online marketing strategies for over 25 clients, brands, festivals and events, totaling an online audience of over 75 million. 5B Artists+Media is a globally recognized Talent Management and Event Production Company with offices located in Los Angeles, Brooklyn and London. The majority of the work for this project will be executed out of the LA office. 5B has been producing festivals for the past 10 years in over 6 countries, most recently including the addition of 2 cruise festivals. 5B is experienced in producing events ranging in size from 2,000- 50,000 in capacity. Below are video examples of the depth in which 5B can produce events. Salty Dog Cruise Flogging Molly’s St. Paddy’s Day Celebration: Knotfest USA Knotfest Mexico Promotions Primary promotions will include ad spend through Facebook, Twitter, Instagram, and local media. We plan to activate social properties for all participating sponsors as well as performing artists for maximum promotion. Channel/ Platform Optimization Including but not limited to: • New website • New domain URL • Optimized social channels including Facebook, Twitter, Instagram, and YouTube. • Utilizing 5B digital in-house marketing team for custom content creation including graphic design, video editing, content calendar and ad booking. • 5B to report insights and analytics upon completion of event If 5B is tasked to produce the Summer Concert Series, the nationally broadcasted radio station KROQ has verbally agreed to partner and present all summer events. KROQ would provide all staging and production (to specification as allowed by the city) as part of being a title sponsor. KROQ would also contribute event promotions through their online properties as well as on-air programing. 5B & KROQ have access to an extensive list of potential sponsors including but are not limited too: • Bud Light • Honda • Guinness • Jameson • Del Taco • Monster Energy Drink • Rockstar Energy Drink • Pacifico • Vans • Zippo • FYE • Weinerschnitzel • Hurley • Live Nation Concessions: Food: 5B requests the ability to activate gourmet food trucks with the goal to help offset costs of the event and add to the overall experience. We suggest 4-5 Gourmet food trucks per event. We are also interested in integrating local bars & restaurants to participate in a potential fixed menu option. We propose different local restaurants uniquely cater each weekend. Our hope is to also attract local business involvement and stimulate local economy. Alcohol: If alcohol sales on the beach remain prohibited, 5B requests the ability to activate the beer garden in the same space that is made available during Hermosa Hometown Fair. We are also interested in partnering with local breweries and vineyards to host special tasting parties and promotional events. 5B currently has working relationships with 3 breweries (Unibroue, Lost Coast, KCBC) that produce beers for our clients. Events and Logistics: 5B has extensive relationships with professional sanitation, event staff, and security services both locally and nationally. We can confidently accommodate any size crowd up to 50,000 in capacity. That being said, being a resident of Hermosa Beach we are not looking to over crowd the beach. This is a further discussion to be had with the City of Hermosa Beach’s Public Works team as well as local Fire and Police Departments. Additional Uses Of Stage Possible Saturday Matinee for Kids - Live performances • Yo Gabba Gabba • Paw Patrol Live • The Beat Buds Possible Saturday evening- “Movie Nights” Classic movies approved by city council played on the big screen on stage. • Goonies • Jaws • Bill & Ted’s Excellent Adventure • Roger Rabbit Not all families can attend events on Sunday afternoons we feel including Saturday, as an option would allow an alternative fun family oriented event in the community. We also feel activating food trucks and a possible beer & wine garden over 2 nights would substantially generate more income that help cover operating costs and hopefully be a reliable income stream we would be able to share with the City. Estimated Timeline: Due to time constraints and the fact that the concerts are 5 months away any proposed timeline would be unrealistic. Normal event planning is an entire year of pre-planning. However, we are more than confident we can execute a Summer Concert series this summer that is an experience beyond anything that has been delivered before. That being said, if we were to get the bid the next steps would be immediate meetings with, City Planner’s office, Public Works, and Fire & Police departments to review past site logistics with our production team and partners at KROQ. Financial Outlook I. 5B contributions: Incurring all costs to produce the festival, staging, sound and lights, security, event staffing, talent budget. II. Sponsor revenue $50,000-$100,000 (subject to change based on short time frame and remaining budget allotments for the year) III. Non- Profit: Absolutely want a non-profit presence. Organization TBA IV. Once established, profits from concessions and alcohol sales are open for discussion to be shared with the city. We are looking for a partnership with Hermosa Beach. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0215 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 CONSIDERATION OF SPECIAL EVENT FEE WAIVER REQUESTS FOR SPYDER SURF FEST ON SATURDAY, APRIL 27 (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council consider a special event fee waiver request totaling $8,206 from Spyder Surfboards for ‘Surf Fest’ on Saturday, April 27. Executive Summary: The City of Hermosa Beach is a highly sought-after destination for special events.The Community Resources Department is tasked with overseeing these event and permit requests following an extensive review and approval process that includes both the Parks,Recreation and Community Resources Advisory Commission (Commission)and the City Council,depending on the Impact Level of each event and whether they are new or returning events to the City.Once events are approved and included on the City’s Special Event Calendar,qualifying organizations are eligible for fee waiver consideration by the City Council.Spyder Surfboards requests this consideration for its upcoming ‘Surf Fest’ event. Background: The City’s Special Event Policy Guide outlines an updated approval process for special events consistent with each event’s categorized impact level,as well as a Fee Waiver Policy that provides guidelines for consideration of fee reductions by the City Council.This policy states that valid,non- profit organizations are eligible for fee reduction consideration by making a formal request through the completion of the Fee Waiver Application. Possible options specified in the policy include: ·The application fee cannot be waived; ·The permit fee(s) can be waived up to 100%; and ·Additional impact fees can be waived up to 10%. The Fee Waiver Policy leaves determination of the level of fee waivers to the discretion of the City Council. As part of their role on the Special Event Subcommittee,Parks,Recreation and Community City of Hermosa Beach Printed on 4/5/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0215 As part of their role on the Special Event Subcommittee,Parks,Recreation and Community Resources Advisory Commissioners Lange and Ellman are currently reviewing fees and fee waiver policies associated with special events.This matter is scheduled to return with recommended policy revisions within the next few months.In the interim,the City Council approved fee reductions of 50% for several events at its regular meeting on March 12, 2019. Discussion: The Spyder Surf Fest has been approved to take place on Saturday,April 27 on Pier Plaza to coincide with the City’s annual Surfer’s Walk of Fame Induction Ceremony.For several years,Dennis Jarvis of Spyder Surfboards has produced the Surf Fest immediately following the induction ceremony as a celebration of the rich history of surfing in Hermosa Beach,and to extend the celebration for each year’s inductees,their families and the community.The event includes action sports vendor tents providing giveaways to the community as well as live performances by local bands. Additional event details are included in its Special Event Application (Attachment 1). Spyder Surfboards is requesting a waiver for applicable special event fees,which have been waived by the City Council since 2016.Additionally,they are requesting the 10%reduction of applicable impact fees,consistent with the Fee Waiver Policy.The last column in Table 1,“Cost to Applicant”,is reflective of Jarvis’requested fee waivers.Should the City Council choose to grant a 50%fee reduction consistent with its action taken at the March 12 regular meeting,this would be calculated from the sum of the fees listed in the “Fee”column of Table 1,which totals $11,712,resulting in a fee reduction of $5,856. A copy of its Special Event Fee Waiver Application is included as Attachment 2. Table 1: Spyder Surf Fest Anticipated Event Fees & Fee Waiver Calculations Fee Waivable? Maximum Fee Reduction Total Cost to Applicant Applicable Special Event Fees (waivable up to 100%) Pier Plaza Promotion $11,292 Yes $11,292 $0 Applicable Impact Fees (waivable up to 10%) Parking $1.25 per hour (28 spaces at 12 hours each = $420) Yes $42 $378 TOTAL $11,712 TOTAL $11,334 TOTAL $378 Since 2015,Jarvis has worked collaboratively with City staff on several aspects of the Surfers Walk City of Hermosa Beach Printed on 4/5/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0215 Since 2015,Jarvis has worked collaboratively with City staff on several aspects of the Surfers Walk of Fame Induction Ceremony in order to further unite the two events and build overall community participation.Additionally,through the availability and use of Jarvis’vendors,costs to the City for induction ceremony equipment and supplies (i.e.chairs,event t-shirts,artwork,etc.)are anticipated to be lower than in previous years.Additionally,Jarvis and his team have provided use of his event stage for the Surfer’s Walk of Fame Induction Ceremony at no cost to the City.As a result of this shared space,staff requests that the City Council further consider additional fee waiver considerations that equate to half of this infrastructure cost,which totals $4,700.Table 2 includes the breakdown of this additional consideration including the recommended 50%fee reduction,resulting in fees to be paid by Jarvis totaling $3,506. This would be a reduction of special event fees of $8,206. Table 2: Spyder Surf Fest Additional Fee Waiver Consideration Calculation Tot al Fees (from Table 1) $11,712 50% of Total Fees - $5,856 50% of Stage/sound - $2,350 TOTAL $3,506 General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: ·Parks &Open Space Goal 3.Community parks and facilities encourage social activity and interaction. o 3.1 -Community-friendly events.Encourage,permit,and support community group, nonprofit,or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. o 3.4 -Balance space needs.Balance the space needs and demand on public resources of formal and informal events. Fiscal Impact: If Council grants the recommended fee waiver totaling $8,206 to Spyder Surfboards,the City would receive approximately $3,506 in special event revenue instead of $11,712. City of Hermosa Beach Printed on 4/5/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0215 Attachments: 1.Spyder Surf Fest Special Event Application 2.Spyder Surf Fest Fee Waiver Application 3.Letter from Dennis Jarvis Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/5/2019Page 4 of 4 powered by Legistar™ Page 1 of 14 Revised 11/28/2018 2019 City of Hermosa Beach Special Event Application Rules and Regulations Applications and other required documents must be submitted to: City of Hermosa Beach Community Resources Department 710 Pier Avenue, Hermosa Beach, CA 90254 Office Phone: 310.318.0280 ● Email: hbconnect@hermosabch.org ● Fax: 310.372.4333 Please refer to the Special Event Policy Guide on the City website for a complete listing of all policies and procedures related to special events in the City of Hermosa Beach. Application, application fee and all required documents must be submitted to the Department of Community Resources to be considered. Please note:  Applications MUST be completed electronically – handwritten applications will not be accepted. (Instructions for completing applications electronically can be found on the City website.)  ALL sections and pages of the application MUST be completed (or marked N/A) to be eligible for review. You will be notified by City staff if your application was not accepted due to it being incomplete. Approval Process Event Level Approval Group Event Review Schedule Impact Level I Approved by Community Resources Staff As received Impact Level II Approved by the Parks, Recreation and Community Resources Advisory Commission Meets monthly (first Tuesday of each month) Impact Level III & New Events Approved by public hearing at the Parks, Recreation and Community Resources Advisory Commission and City Council Meets monthly (Commission) (first Tuesday of each month) Meets bi-monthly (Council) (second and fourth Tuesday of each month) Multiple Events If you are applying for multiple event days and ALL characteristics of each day are the SAME (set-up, parking requests, etc.), you are welcome to submit one application and one application fee that includes all dates. Once an event has any details that differ between event dates, you are required to submit a SEPARATE application and application fee for each. Example: A youth volleyball organization is holding a varie ty of tournaments, including:  May – youth tournament (80 participants, 10 volleyball courts)  June – youth tournament (80 participants, 10 volleyball courts)  July – adult tournament (100 participants, 16 volleyball courts) The May and June events will be a ccepted on one application; the July event is required to be submitted on a separate application outlining that event’s details. Page 2 of 14 Revised 11/28/2018 YOU MUST SUBMIT THE FOLLOWING: To avoid processing delays of your application, do not leave any sections blank. Indicate items that do not apply with an N/A. Attach additional sheets to the application if more space is required.  Completed Application (ALL pages – blank pages marked NA)  Application Fee  Submit non-refundable $816 application fee ($544 for nonprofits or $272 for pass-throughs) payable to the City of Hermosa Beach. Applications received without the application fee will not be reviewed and will be returned as incomplete.  Site Plan  Include location of stages, tents, portable toilets, dumpsters, registration areas, fencing, barricades, bleachers, generators and all other items for your event. Facilities, equipment placement, parking needs, ingress and egress routes and street closure requests must also be included. The City may require a certified Traffic Control Plan (TCP) should your event be approved. Please note that completion of the Beach Usage Map (p. 14) does not qualify as a site plan.  Proof of Non-Profit Status Pending status does not qualify. Non-profit organizations must apply under their own name and not borrow the non-profit status of another entity.  Non-Profit Designation Letter  Current Copy of Form 990 AGREEMENT AND SIGNATURE: I, the undersigned representative, have read the rules and regulations with reference to this application and am duly authorized by the organization to submit this application on its behalf. The information contained herein is complete and accurate. Signature of Applicant Date POTENTIAL POLICY UPDATES FOR 2019 Please note that as part of the Parks, Recreation and Community Resources Advisory Commission’s ongoing efforts to streamline and strengthen the effectiveness of the Special Event Policy, the following high-priority topics will be under review by the Commission and Council, which may result in policy changes for 2019, including, but not limited to:  Review and Approval Procedures  Fee Waiver Policy and Procedures  Accessibility Requirements Please be mindful of these potential changes. Staff will keep all approved event producers updated. Page 3 of 14 Revised 11/28/2018 2019 City of Hermosa Beach Community Resources Department COMMERCIAL AND NON-PROFIT SPECIAL EVENT PERMIT APPLICATION 710 Pier Avenue ● Hermosa Beach, CA 90254 ● 310.318.0280 ● Fax: 310.372.4333  $816 Non-Refundable Application FEE required with application.  $544 Non-Refundable Application FEE, for VERIFIABLE non-profits (SEE INSTRUCTIONS) ORGANIZATION & EVENT INFORMATION EVENT TITLE: Applicant Name: Birthdate: Organization Name: Non-Profit? ☐No ☐Yes Non-Profit I.D. or Tax Exempt #: If non-profit, please describe who will benefit from funds raised from your event: Address: City State Zip Phone: Cell: Email Address: Fax: **1st CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **2nd CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **PLEASE NOTE: Date choice is not guaranteed until final calendar has been determined by City staff. EVENT DATE: PERMIT NUMBER: DATE STAMP STAFF INITIALS Page 4 of 14 Revised 11/28/2018 Please describe your organization’s experience producing similar events to the one described on this application: Please describe you and/or your organization’s affiliation with the City of Hermosa Beach: REQUIRED: CONTACT PERSON ON THE DAY OF THE EVENT: Name: Cell: PRE-EVENT CONTACT PERSON’S INFORMATION (IF DIFFERENT FROM CONTACT INFORMATION ON PREVIOUS PAGE) Name: Birthdate: Address: City State Zip Phone: Cell: Email Address: Fax : Please describe your personal experience producing similar events: EVENT INFORMATION Is this a NEW or RETURNING special event to Hermosa Beach? ☐ NEW ☐ RETURNING -If this is a returning event, please indicate the number of years held in Hermosa Beach: Please indicate your event level (please mark all that apply) ☐ Local ☐ Regional ☐ National ☐ Championship ☐ Qualifier Event Type (please select all that apply): ☐ Race (run, walk, bike, etc.) ☐ Tournament Type: ☐ Parade ☐ Pass-Through ☐ Street Fair/Festival ☐ Fundraiser Benefitting: ☐ Concert ☐ Swim Event ☐ Other PLEASE COMPLETE A DAILY BREAKDOWN OF EVENT-RELATED ACTIVITIES. PLEASE USE MULTIPLE LINES TO DISTINGUISH BETWEEN DIFFERENT DAILY ACTIVITIES. PLEASE ATTACH ADDITIONAL SHEETS, IF NECESSARY. Date(s) Daily Activity Start Time End Time □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up Page 5 of 14 Revised 11/28/2018 Event Location: If your event is on the beach, do you plan to remove any volleyball or beach tennis courts? ☐ YES ☐ NO If YES, please indicate which courts will be removed on the Beach Usage Map (p. 14) Estimated # of Participants: Age of Participants: Estimated # of Spectators (daily): Total Estimated Attendance: Marketing & Advertisement Plan Please list how you plan to advertise & promote your event for participants: Please list how you plan to advertise & promote your event for spectators: Overall Event Description - Briefly explain event and activities: Street Closure Information – For Parades, Races, Walk/Runs, etc.taking place on City streets. Names of Streets to be closed (please include additional sheets if necessary): between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm Description of Event Route (official map must be submitted with application) Assembly Area/Event Start: Disbanding Area/Event End: Sponsors List ALL proposed/anticipated Co-Sponsors. Each Co-sponsor is a $260 each and must be approved by the Community Resources Department. Co-sponsors may sample only, not sell. Page 6 of 14 Revised 11/28/2018 Parking ($1.25 per hour or $30 per space per day) Will you need reserved parking spaces? ☐ Yes ☐ No If YES, please list requested parking times for each day of request (attach additional sheets if necessary): # of Spaces Date from to # of Spaces Date from to # of Spaces Date from to Will official event merchandise be sold at the event (Business License required)? ☐ Yes ☐ No Does your event involve the sale or consumption of alcoholic beverages? Alcohol is prohibited on the beach per HBMC 12.26.300 ☐ Yes ☐ No Will the event have amplified sound? ☐ Yes ☐ No -If YES, please describe (live music, PA, number and size of speakers, microphone, bullhorn, etc): Is this a fundraising event? ☐ Yes ☐ No -If YES, please describe the fundraising activities: Will there be any fenced areas? ☐ Yes ☐ No -If YES, please describe: Will there be construction of stages or structures, including any tents or awnings? ☐ Yes ☐ No -If YES, please describe: What is your clean-up plan post event? Will you be requesting street banners? ☐ Yes ☐ No Will you be requesting light pole banners? ☐ Yes ☐ No Will you be filming or having television coverage? ☐ Yes ☐ No Page 7 of 14 Revised 11/28/2018 Entrance or Registration Fee: Methods of Registration (please check all that apply): ☐ Website ☐ Mail ☐ Active.com ☐ Other Prizes (including anticipated cash prizes): SAFETY/SECURITY/VOLUNTEERS Have you hired a security company to handle security arrangements for this event? ☐ Yes ☐ No -If YES, please include the following information: Company Name: Phone: # of Guards: Guard Schedule: Do you plan on utilizing volunteers? ☐ Yes ☐ No -If YES, please describe: Please describe your procedures for both crowd control and internal security: EVENT PROMOTION INFORMATION Please describe marketing and promotional efforts for this event. Include event website, social networking sites, radio play, etc. Page 8 of 14 Revised 11/28/2018 EQUIPMENT INFORMATION (ATTACH SITE PLAN) A DIAGRAM OF YOUR SITE PLAN THAT INCLUDES ALL FACILITIES, EXACT PLACEMENT OF ALL EQUIPMENT, STREET CLOSURES, INGRESS AND EGRESS ROUTES, SHUTTLE ROUTES, FENCING, ACCESSIBILITY PLAN, AND PARKING MUST BE ATTACHED TO THE APPLICATION. YOUR APPLICATION WILL NOT BE PROCESSED WITHOUT A SITE PLAN (PLEASE NOTE: THE COMPLETION OF THE BEACH USAGE MAP, PAGE 14, DOES NOT QUALIFY AS A SITE PLAN) Please check all the boxes that apply to the equipment that will be on site for your event and specify the number and size of each (if applicable). ☐ Cars ☐ Porta Potties ☐ Semi-Trucks ☐ Motor Homes ☐ Generator Size: Size/Type: ☐ Trailer ☐ Vans Size: Size: ☐ Stage ☐ Sound Equipment Measurements: ☐ Enclosed Tents ☐ Canopies ☐ Other (please attach list with description of each item) ACCESSIBILITY PLAN It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities. Please describe your accessibility plan: INSURANCE Unless greater or lesser coverage is requested, applicant agrees to furnish the City of Hermosa Beach evidence of $2 million comprehensive general liability insurance in the form of a certificate, including endorsement, covering the entire period of this permit, naming the City of Hermosa Beach, its officers, agents and employees as additionally insured. Permittee waives claims against the City of Hermosa Beach, its officers, agents and employees, for fees or damages caused, arising out of or in any way connected with the exercise of this permit. APPLICANT AGREES TO COMPLY WITH ALL APPLICANT’S LAWS AND AGREES TO MAINTAIN PREMISES IN GOOD CONDITION AND RETURN IN THE SAME CONDITION AS BEFORE SAID USE. I certify that the information contained herein is true and correct to the best of my knowledge. I have read and agree to comply with the City of Hermosa Beach Sustainability Measures. All fees, charges and other material will be paid and or furnished to the Department of Community Resources as mutually agreed to by both parties. Name/Company Representative Signature Date Page 9 of 14 Revised 11/28/2018 Event Name: Event Date(s): 3+ Years SMALL 100-500 PARKS OR BEACH WINTER WEEKDAY LESS THAN 2 DAYS 1-2 EVENTS/Y EAR NONE MEDIUM 500-2,000 ONCE BEFORE PIER PLAZA SPRING OR FALL WEEKEND 2-4 DAYS 3-4 EVENTS/Y EAR 1-2 LARGE 2,000+ NEW EVENT STREETS/PUB LIC RIGHT OF WAY/STRAND SUMMER HOLIDAY MORE THAN 5 DAYS MORE THAN 5 EVENTS/YE AR 2 OR MORE Select one characteristic in each ROW as it relates to your event(s). Please be sure to mark (i.e. “x”, circle, checkmark, etc.) each selection. Failure to do so will deem the worksheet and application incomplete. NUMBER OF EXPECTED PARTICIPANTS REOCCURANCE LOCATION TIME OF YEAR DAY(S) OF THE WEEK NUMBER OF CONSECUTIVE DAYS NUMBER OF EVENTS IN ONE YEAR ADDITIONAL REQUESTS NEEDED i.e. filming, reserved parking, fencing, stage or seating construction, road closures, amplified sound, etc. TOTALS Calculate the total number of each color/column selected. IMPACT LEVEL I At least 5 blue IMPACT LEVEL II At least 2 red IMPACT LEVEL III At least 2 green Determine Impact Level by selecting the HIGHEST your event qualifies for. IMPACT LEVEL IMPACT CHARACTERISTIC WORKSHEET (REQUIRED FOR ALL EVENTS) Please consider details of your event and use this worksheet to determine its impact level. If you are applying for multiple events, please complete a different page for each if the event details are different. Event Name: Event Date(s): Page 10 of 14 Revised 11/28/2018 COMMUNITY BENEFIT Please provide a brief description of the benefit your event(s) add to the community. The Community Decision-Making Tool may be used as a guide and can be found on the City website at the following link : http://www.hermosabch.org/Modules/ShowDocument.aspx?documentid=5226 Event Name: Event Date(s): PUBLIC RELATIONS INFORMATION Please provide the following information to be given out to the general public, if requested: Name of Event: Name of Organization: Event Dates and Times: Date Times Event Information can be found online at: Public Relations Contact: Day Phone: Evening Phone: Email: Please provide a brief description of your event that can be used on the online City calendar. Please include details that would be helpful for someone looking for more information specific to your event. Page 11 of 14 Revised 11/28/2018 PRELIMINARY FEE WORKSHEET Please complete, to the best of your ability, all event-related fees as it pertains to your proposed event, even if you are requesting fee waivers. REMINDER: ONLY VALID NON-PROFIT ENTITIES ARE ELIGIBLE FOR FEE WAIVER CONSIDERATION. A final total of charges will be determined thirty days prior to your event once approval is granted; additional fees may apply when deemed necessary through the approval process. Please use this worksheet as a preliminary guide for planning purposes of city fees. Please note that fees may be updated at any time. EVENT CATEGORY FEES PRICE (subject to change) MY EVENT FEES Category I  <500 people 70/30% of registration fees Category II  Impacts public areas for no longer than one (1) day including set-up & tear-down  Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)  Participant plus Spectator crowd above 500 but does not exceed 3,000 people.  Has no television coverage (except news).  A non-profit entity is the beneficiary of the net revenues (100%).  Does not meet any of the identifying criteria for a Category III or IV event. $2697 per day Category III  Impacts public areas for more than one (1) day including set up.  Participant plus Spectator crowd does not exceed 5,000 people.  Has no television coverage (except news).  Has more than $3,000 and less than $50,000 in prize money.  Does not meet any of the identifying criteria for a Category IV event. $2967 per day Category IV  Meets Category III Criteria and has one or more of the following:  Has network television coverage or  Estimated participant/spectator crowds exceeds 5,000 people or  Prize money in excess of $50,000 or  Charges admission to spectator Gross revenues in excess of $50,000. $5394 per day MISCELLANEOUS FEES PRICE (subject to change) MY EVENT FEES Commercial Application Fee - non-refundable $848 Non-Profit Application Fee - non-refundable $565 Pass-Thru Application Fee - non-refundable $283 Amplified Sound Permit $166 Street Banner Fees $611 Event Co-Sponsor $284 each Event Set-Up/Tear-Down $225 per location, per day Community Resources Staff (Required Cat. II-IV) $339 per day Paramedic $131 per hour Fire Inspection $157 per hour Police $116 per hour Parking Meter Space Fee $30 per space, per day Preliminary TOTAL Pier Plaza Promotion $11292 per day Page 12 of 14 Revised 11/28/2018 GREEN MATRIX (Environmental Protection Plan) (Required for all event applications) Events in Hermosa Beach are expected to implement measures to reduce impacts and costs to the environment, the city, and the community. Specify how you will comply with applicable measures (or mark not applicable). If you have a multi-year contract for your event, please show how you will increase compliance in subsequent years. Event Name: Expected Attendance: MEASURE CHECK IF APPLICABLE HOW WILL YOU COMPLY? (use additional sheets if needed) Recycling and Waste Reduction 1. Reduce waste and single-use items  Limit single-use paper, plastics, packaging, and décor items ☐  Reduce size/bulk of plates, containers, cups ☐  Use products with high recycled content ☐  Avoid sale or give-away of single-use plastic drinking water bottles. *A mobile water cart ('Mother-Lode Wide') is available for use and reusable water bottles are encouraged ☐  Provide free drinking water in large dispensers (people can refill their own bottles, or use paper cups) *Large drink dispensers are available for use and reusable water bottles are encouraged ☐  At 'beer or drink gardens' use recycled or compostable cups (provide dump station for liquids) ☐  Recycle fry-grease for bio-diesel fuels ☐  Limit and reduce size of handouts, flyers and give-aways (print several per page, double-side, do not use dark color inks) ☐ 2. Recycling containers:  Place well-marked recycle containers adjacent to every trash container ☐  Provide onsite 'monitors' directing people to recycling at prime locations, or provide secondary trash sorters. ☐  Scavenging is prohibited from waste containers. Prevent and report scavenging ☐ 3. Staging  Recycle or reuse event construction materials ☐  Use ‘no emission/no VOC’ paints/sealants ☐ Page 13 of 14 Revised 11/28/2018 3. Transportation  No-idling policy for all vehicles ☐  Sponsor free shuttle or low cost bus passes ☐  Use electric, hydrogen, hybrid or CNG vehicles ☐ 4. Energy  Use energy-efficient lighting ☐  Turn lighting and devices off when not in use ☐  Turn off generators when not in use for significant period of time ☐  Using alternative energy (solar, wind, fuel cell) to supply some power ☐  Use alternative fuel generators (CNG, fuel cell, biodiesel) (biodiesel- minimum B20 (20% blend); B99 is preferred) ☐ 5. Marine environment  NO single-use plastic bags starting October 1, 2016. ☐  including take-out cups or containers. ☐  No hosing of surfaces. Consult Public Works regarding clean-up procedures for large events ☐  Full containment of all wastes ☐  Full containment of all six-pack plastic rings. Cut rings prior to disposal. ☐ If Beach and street cleaning required consult Public Works regarding clean-up procedures ☐ 6. Education Event and vendors to make reducing waste and recycling a prominent theme ☐  Provide one booth, kiosk or space for green education sponsored by city or designee ☐  Advertise green measures and rules in all event advertising and on website ☐  Demonstrate that vendors and service providers will comply with green measures ☐ 7. Monitoring Report on compliance with above applicable measures ☐ Page 14 of 14 Revised 11/28/2018 BEACH USAGE MAP (required for all BEACH events) Please circle the courts that you will be using for your event. If you are applying for multiple events, please complete a different page for each, noting the event title and date below. Additionally, if you will be using different courts each day for multi-day events, please complete a separate form for each day. Completion of this map does not take the place of the required Site Plan. Event Name: Event Date(s): Page 1 of 2 Revised 10/23/2013 \\Hbapps04\comresources\Special Events\FINAL Special Event Fee Waiver Form.docx City of Hermosa Beach Community Resources Department NON-PROFIT SPECIAL EVENT FEE WAIVER APPLICATION 710 Pier Avenue ● Hermosa Beach, CA 90254 ● 310.318.0280 ● Fax: 310.372.4333 This form must be submitted with the application for the corresponding event, following the deadlines for application submission. Failure to include this form at the time of application submission will result in applicable event fees being charged to the event producer. Requested Event Date: 1st choice **: _________________________________________________________ 2nd Choice ** (Required): ___________________________________________________________________ **Date choice is not guaranteed until final calendar has been determined by City staff. Per Hermosa Beach Municipal Code Section 12.28.150: The Community Resources Director may waive or reduce permit fees for nonprofit organizations upon a showing by the organization that the financial gain from the event would be substantially offset by the fees charged. However, direct costs incurred by the city on behalf of the event may not be waived. Should a request for waiver or reduction of fees be denied by the director, applicant may appeal the decision to the Parks, Recreation and Community Resources Advisory Commission. Said appeal must be submitted to the commission in writing via the Department of Community Resources at least eight (8) working days prior to the Commission meeting ORGANIZATION’S INFORMATION EVENT TITLE: Applicant Name: Organization Name: Non-Profit I.D. or Tax Exempt #: Address: City State Zip Phone: ( ) Cell: ( ) Email Address: Fax: ( ) EVENT INFORMATION Event Type (please select all that apply): □ Race (run, walk, bike, etc.) □ Tournament Type: □ Parade □ Pass-Through □ Street Fair/Festival □ Fundraiser Benefitting: □ Concert □ Other Event Location: What specific fee(s) are you requesting to be waived? Page 2 of 2 Revised 10/23/2013 \\Hbapps04\comresources\Special Events\FINAL Special Event Fee Waiver Form.docx Please identify the hardship incurred (please attach additional pages, if necessary): Please identify how your organization benefits the City of Hermosa Beach as outlined in the criteria below. Please be specific (attach additional pages, if necessary): CRITERIA CONSIDERED The city will consider the following when reviewing a special event fee waiver request: • Raises funds to supplement City budgeted services. • Raises funds for programs normally funded by the City. • Raises funds for Non-Profit groups, which have contributed substantially to the community. • Nationally or State affiliated program which provides programs for local youth. • Raises funds for elderly citizens or youth organizations. Company Representative (signature) Date Department of Community Resources Date SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 April 1, 2019 Dear Esteemed Council and Honorable Mayor Armato, I want you to know that I understand the politics and issues that surround the choices the council makes. I am aware our City has many financial deficits. We've always thought that, through the positive outreach we’ve created, we were in some small way, helping grow the goodwill and help to offset the costs for a Celebration of our roots “SURF FEST”. But, that isn’t why I am writing this letter. I am writing you to ask that the City give us a full waiver of fees for the 13th annual SURF FEST / Surfers Walk of Fame weekend celebration Saturday April 27th, and set it in motion so we don’t have to go through this every year. This event costs us tens of thousands of dollars to put on each year. And when we get topline talent like Everclear or Donavan Frankenreiter or even the back up band for the Beach Boys (who are being inducted this year) the costs compound. You have no idea how many man-hours go into this event and how many favor cards we use to get our vendors here to give away FREE merchandise and help us celebrate the Surf culture of our City. We've always believed the Surf Fest was an important and integral part of the Surfers Walk of Fame Induction (until this year I guess). At one time by Tom Bakaly and Diane Strickfaden (I think she was in charge of the event) I was actually asked if I would agree to continue to produce the event annually. The negotiation was simple-- I would be paid $1.00 a year and no longer have to go SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 through all this red tape to do a FREE event for the City. Sadly that solution left when Tom left as City Manager. Thirteen years ago when we started the Surf Fest Celebration, I watched the Vanguards of Surfing getting inducted into the Surfers Walk of Fame in the TRUE SURF CITY. There were two tiny sunshades and about 30-40 people giving golf claps while straining to hear the acceptance speeches through a tiny PA system. After the last speaker, everyone would disperse and the event would end. I watched as Greg Noll, a PIONEER of the sport and a legend in the industry, received no Celebration or fanfare for who he is. Next to him was Hap Jacobs, another pioneer in the world of surf and who came from Hermosa Beach as well! But outside of the small group seated directly in front of them, at the base of the Tim Kelly statue, nobody knew who these guys were or what they were doing there. That day I decided to try to create a celebration for these legends that would be an add-on to the city event. And here we are 13 years later - 12 very successful, problem free Surf Fests behind us. The Surfers Walk of Fame honorees are being recognized, as they should be. Thousands of families and kids from all around have experienced a fantastic FREE Surf Festival downtown Hermosa Beach since 2006 and look forward to doing it again each year. But instead of being offered help to make it happen, let alone thinking of ways to grow or improve it for everyone, we’re having to plead to just be able to do it again - and less than a month before the date? Uncool. We start working on Surf Fest in January each year. It takes us more than 4 months to pull everything together to make the day run smoothly for everyone involved. But we have real jobs. We are not event producers. We are trying to run our business (at a time when retail is more challenging than ever) while trying to SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 pull together a FREE FAMILY FRIENDLY festival for thousands of people at the same time. We task all of our staff and all of vendors to help out in a big way. In addition to all that takes place on Saturday, we have always contributed heavily to the related events on Friday night (and sometimes even on the following Sunday as in the La-La land event.) We've donated product, time and resources to the value of thousands and thousands and thousands of dollars to help raise money for the Hermosa Beach Historical society's event the Friday before Surf Fest (which has helped pay for things like the iconic Dewey Weber statue- Spyder Donated $4500.00 to finish that project). And for 12 years I don't believe we've ever truly "tooted our own horn" about any of it. The fact is, if the city were to try to hire someone to do what we do and have done, the costs for twelve years would be- well I think you all know what Producer/Promoters charge and it is a LOT of cash. However, we don’t do this for money, we do it as a celebration of the Surf Community in the South Bay. This is NOT a Spyder Surf promotion. It was in fact the city that started calling it SPYDER FEST not us. From a tiny group of 40 folks sitting in white chairs we have grown the event to a packed house of 200 seats that are always full and hundreds others in standing room only spaces packing the event. Our outreach has brought the attention of Ted Lieu and other congressmen and assembly members from David Hadley to Al Muratsuchi (who will be speaking this year on Climate Change and recyclable choices) We do all this at our expense and without any charge to the city. It was said by a council member “you must really love this - your shop is packed”— and yes, we're certainly happy to have a family friendly crowd on the plaza and in our store. But that said, the overhead/costs to put this event on doesn’t even come close SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 to being covered by our (1) one day (6 hours) of sales. In fact, throughout the day most of the brands we ask to help make the day the event it is, are giving away the same products we are selling. On many levels we're actually shooting ourselves in the foot. Another Council member asked us why we don’t do the SNOW FEST any longer. Well that was around a $35,000.00+ budget. We produced that one as well for free, for our hometown but we cannot find any sponsors that will help out for a giant event like that as it only lasts 6 hours total (same as SURF FEST). 2019 has been a brutal year. The record rain and cold in January and February left the plaza a vast open space with no customers at a time when retail is already tough enough. We just lost another retailer on the plaza to a Snack Shop once again. The perception that downtown Hermosa Beach is destination for shopping continues to fade. The restaurant to retail ratio is becoming even more unbalanced and we continue to trend back toward becoming a downtown best for shots with beer chasers. We're doing everything we can to fight that everyday - in more ways than you'd want written here (that would require an entirely separate essay.) But one of those ways, perhaps one of the most important things we do in that regard is put on the Surf Fest. And we would really appreciate your help with it each year. It's discouraging at best to feel like we're going to have to go to battle in the midst of all our hard work to get the approval. It needs to be mentioned that in 2016 the SWoF moved the date away from our usual time (moved to August). That year we were prodded to put on the SWoF event as well as the SURF FEST. So the SWoF had a stage to use and industry to celebrate. The SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 City got 2 events out of us that year as we already scheduled our timeline with the Vendors in Jan of that year…this was very taxing…But we did it without complaint. In closing I would like to point out some of the “gives” Spyder Surf and my staff have done to enhance the Surfers Walk of Fame day. • Created/designed the SWoF logo – made the banner N/C • Huge PR push for the city / use our friends like Rick Dickert (channel 11 weather reporter) to give a positive “commercial” about a city that has a checkered past and present. Industry write ups on HB (Surfer/shop-eat-surf and more) • Brought top artist in at a discounted rate: Phil Roberts. • Help manufacture the SWoF Tees and saved money / gave better quality at a much less expensive price N/C • MY time has a worth (I hope) as well as Dickie O’Reilly’s time has worth- it is like herding cats to get the Vendors to show and continue to come give free goods to the South Bay. • Cover all the logistics of the event, from Music to Security to Clean Up. • Our staff has an actual cost. The Fashion show would take 5 weeks to prepare, however we have lost many top sponsors and we have had to cancel that portion of the event. SPYDER BOARDS 2461 PCH HERMOSA BEACH CA. 90254 SPYDER SURF HB 65 PIER AVE HERMOSA BEACH CA. 90254 SPYDER SURF MB 1116 MANHATTANE AVE. MANHATTAN BEACH CA. 90266 • SURF FEST grew a tiny local event into an event that is only second in the industry to the US Open of Surfing in Huntington beach. • Produced along side Kelly Orta, Lisa Nichols and Diane Strickfaden (back in the day) the Event that raised the funds for the city to actually fund the Surfers Walk of Fame (plaques and chairs). • Brought the entertainment (usually a Premiere Surf film) to the Friday evening events. • Donated all the items for silent auction for the evening before the event. In closing I would like to mention that I cannot make the meeting in person for 2 reasons: 1) My daughter is shooting her first Music Video that week and 2) I am pretty peeved that this was thrown at us so last minute and that all the money and time we have already invested may be a waste if we cannot move forward. (Also- I might say something I regret, so respectfully I decided to write this letter instead J) Respectfully yours, Dennis Jarvis City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0221 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 09, 2019 AWARD OF CONSTRUCTION CONTRACT FOR CIP 14-173, 8TH STREET IMPROVEMENTS PROJECT (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Award a construction contract to Concept Consultant, Inc. for CIP14-173 8th Street Improvements Project in the amount of $561,950.50; 2.Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; 3.Authorize a 20% project contingency for a total construction budget of $674,340.60; and 4.Authorize the Acting Director of Public Works to file a Notice of Completion following final completion of the project. Executive Summary: Staff requests that City Council award a construction contract to Concept Consultant, Inc. in the amount of $561,950.50 for the 8th Street Improvements Project on 8th Street from Valley Drive to Hermosa Avenue. Background: Capital Improvement Project (CIP) 14-173 is along 8th Street, which is an east-west roadway with one lane in each direction, has on-street parking, and provides connectivity from Pacific Coast Highway to the beach area. The project’s scope between Hermosa Avenue and Valley Drive consists of upgrading sidewalks to provide a continuous path of travel consistent and in compliance with the Americans with Disabilities Act (ADA). The project will bring all curb ramps and driveways current to ADA standards. At the November 13, 2018 City Council meeting, staff presented a project update, and Council directed staff to move forward with completion of the design phase of the project. Completion of the design phase includes finalizing the plans, specs and estimates to 100% completion to implement a City of Hermosa Beach Printed on 4/5/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0221 four-foot-wide sidewalk path. At this meeting, Council also approved the recommendation to conduct a final project walk-through/field review meeting on December 19, 2018 with 8th street residents. On March 14, 2019, City Council was sent an Information Item that the staff would be advertising the 8th street project for construction bids. Analysis: On April 4th, 2019, the project was advertised on March 14th and March 21st in the Easy Reader, City Website and bid advertising agencies. Three (3) bids were received and opened. The low bidder was Concept Consultant, Inc. with a construction cost of $561,950.50. The bid results are summarized below. Bidder Bid Amount Concept Consultant, Inc . $561,950.50 Gentry General Engineering , Inc. $714,000 PALP, Inc DBA EXCEL paving $1,170,650 Staff reviewed the low bid and found the contractor to be a responsible and responsive bidder. Furthermore, staff confirmed that the low bidder contractor’s license is active and in good standing with the Contractor’s State License Board, and the references provided by the lowest bidder confirmed that Concept Consultant, Inc. successfully completed and demonstrated competency through projects similar in magnitude and character over the last five (5) years. The bid schedule total was corrected to conform to the line item totals as reflected in attachment 2. This amount differs from the initial amount noted on the bid opening log sheet in attachment 1 as it appears the low bidders calculations were incorrect after further review. Construction for this project is anticipated to begin in early May and will extend for 50 working days or approximately 10 weeks. General Plan Consistency: PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. PLAN Hermosa was divided into seven elements, each with multiple goals. The creation of a complete and connected sidewalk network along 8th Street would help accomplish several goals of the Mobility and Infrastructure Elements. City of Hermosa Beach Printed on 4/5/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0221 Mobility Goal 3.Public rights-of-way supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile. Policies 3.1 Enhance public rights-of-way. Where right-of-way clearance allows, enhance public right-of ways to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops. 3.2 Complete pedestrian network. Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety, access opportunities and connectivity to destinations. 3.10 Require ADA standards. Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provide ease of access for disabled persons. Goal 7.A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies 7.5 Appropriate sidewalk widths. Encourage design and construction plans that incorporate sidewalks that are consistent in width to match pedestrian activity. Infrastructure Goal 2.Roadway infrastructure maintenance supports convenient, attractive, and complete streets and associated amenities. Policies 2.3 Street and sidewalk standards. Require the use of standardized roadway, sidewalk, parkway, curb and gutter designs to ensure continuity and consistency as property redevelops over time. Fiscal Impact: Contingency: Staff recommends a construction contingency of 20% of the total construction amount for this project for any unknowns that could be encountered during the construction phase. Therefore, staff anticipates the construction budget to be as follows: Construction Contract $561,950.50 20% Contingency $112,390.10 Total Construction Cost $674,340.60 City of Hermosa Beach Printed on 4/5/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0221 $1,002,276.90 is currently available to cover construction costs for this project, the details of the available funds are as follows: Fund Account # Amount State Gas Tax Fd. 115-8173 -4201 $325,744 Tyco Fund 122 -8173 -4201 $13,559 Grants Fund 150 -8173 -4201 $354,535 Capital Improvement Fd. 301 -8173 -4201 $308,438 Total Funding : $1,002 ,276 There are sufficient funds appropriated to the project to cover the cost of the construction contract and 20% contingency. Attachments: 1.Bid Opening Summary Sheet 2.Low Bidder Documents 3.Draft Agreement Respectfully Submitted by: Reed Salan, Associate Engineer Concur: Lucho Rodriguez, P.E., Acting Director of Public Works 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 4/5/2019Page 4 of 4 powered by Legistar™ Attachment 1 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 1 of 8 This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Concept Consultant, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A.Pursuant to the Notice Inviting Sealed Bids for CIP Project No. 14-173 8th Street Improvements, bids were received, publicly opened, and declared on the date specified in the notice; and B.On April 23, 2019, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C.The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP Project No. 14-173 8th Street Improvements in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1.GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP Project No. 14-173 8th Street Improvements in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated March, 2019, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2.INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3.COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 2 of 8 work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4.TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 50 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5.PREVAILING WAGES. A.Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B.In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C.CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D.Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i.When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii.When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 3 of 8 iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 4 of 8 CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a.CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b.CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c.In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 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. This Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 5 of 8 indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9.THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10.WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 11.INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12.ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13.INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 6 of 8 14.TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15.LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16.RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17.SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18.WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17.AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 18.NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 7 of 8 Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: ________________________ Project Supervisor CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE 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. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. Attachment 3 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 8 of 8 State of California CONTRACTOR'S License No. __ CONTRACTOR _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date Attachment 3 DATE: APRIL 9, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LUCHO RODRIGUEZ, ACTING PUBLIC WORKS DIRECTOR SUBJECT: 6(c) – AWARD OF CONSTRUCTION CONTRACT FOR 8TH STREET IMPROVEMENTS PROJECT This supplemental memo is to provide the City Council with a notice that this item will be continued to the April 23, 2019 City Council meeting. This decision is based on additional time required to further review the bids received. CIT Y OF HERMOSA BEACH MEMORANDUM DATE: APRIL 9, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LUCHO RODRIGUEZ, ACTING PUBLIC WORKS DIRECTOR SUBJECT: 6(c) – AWARD OF CONSTRUCTION CONTRACT FOR 8TH STREET IMPROVEMENTS PROJECT This supplemental memo is to provide the City Council with a notice that this item will be continued to the April 23, 2019 City Council meeting. This decision is based on additional time required to further review the bids received. CIT Y O F H E R M O S A B E A C H M E M O R A N D U M City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0230 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 APPROVAL TO INVESTIGATE THE FEASIBILITY OF NORTH FRANCISCA AVENUE FOR THE HERONDO DRAIN STORM WATER INFILTRATION PROJECT (Environmental Analyst Kristy Morris) Recommended Action: Staff recommends that the City Council: 1.Authorize Tetra Tech to explore the feasibility of North Francisca Avenue to further develop an infiltration project at this location and appropriate funding from the Storm Drain Fund for an amount not to exceed $157,719 for this analysis; and 2.Appoint an Infiltration Project Council subcommittee comprised of two Councilmembers and provide direction as needed. Executive Summary: The Herondo Drain Infiltration Project (Project)is the highest priority project in the Beach Cities Enhanced Watershed Management Program (EWMP)that would achieve the greatest reduction in bacterial levels,at the Herondo Drain Outfall in Hermosa Beach.The City was awarded a Proposition 1 Stormwater Implementation Grant of $3,099,400 to design and construct a project beneath the Hermosa Beach Greenbelt.The grant represents approximately one half of the estimated total project cost and the cities of Hermosa Beach,Torrance,Redondo Beach,Manhattan Beach signed a Memorandum of Understanding (MOU)to cost-share the balance of local matching funds.In response to community concerns,and after considering alternative locations in Hermosa Beach,City Council directed staff to initiate an amendment or dissolution of the Beach Cities Watershed Management Group for cost-sharing for the design of the project and to negotiate a suitable substitute or revised MOU and project with the Beach City’s partners.The City will investigate alternatives,including a March 26,2019 offer by Redondo Beach Mayor Bill Brand to permit a study of a North Francisca Avenue site in Redondo Beach,funded solely by Hermosa Beach,as well as other sites in Hermosa Beach.At City Council’s direction,Tetra Tech will immediately commence investigating the feasibility of the North Francisca Avenue location and prepare a feasibility report for presentation to each of the Beach Cities Watershed Management Group (WMG)respective City Council’s with a recommendation on how to proceed with the design and cost-sharing for the Project. City of Hermosa Beach Printed on 4/5/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0230 Background: At their Regular Meeting on March 26,2019,City Council considered alternative sites within the City’s jurisdiction for the Hermosa Beach Greenbelt Infiltration Project and discussed how to achieve the compliance deadlines in the EWMP and retain the Proposition 1 Stormwater Implementation Grant funding.The staff report for the March 26,2019 City Council and accompanying attachments can be accessed here: <https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=3896702&GUID=A7A9E0D9-3922- 47E3-A869-C91B8B9AF0C8> Staff presented the following options to City Council for consideration: 1.Proceeding with a project at the existing Greenbelt location; or 2.Proceeding with a project at an alternative location within the City’s jurisdiction to capture and treat the equivalent volume of storm water; or 3.Initiating a dissolution or an amendment of the MOU and negotiate a suitable substitute or revised MOU and project with the City’s partners, relinquish the Grant and forfeit the grant funding. These options were outlined prior to the City receiving a letter from Redondo Beach Mayor Bill Brand dated March 26,2019,authorizing the City of Hermosa Beach to investigate the feasibility of North Francisca Avenue in Redondo Beach as an alternative location for the Project. After significant discussion and community feedback,Council approved initiating an amendment or dissolution of the Beach Cities Watershed Management Group MOU for cost-sharing for the design of the project and to negotiate a suitable substitute or revised MOU and project with the City’s partners including the Cities of Redondo Beach,Torrance and Manhattan Beach.While an infiltration project will not be immediately sited in Hermosa Beach (Greenbelt,South Park or Herondo Street),it was recognized that a suitable solution will need to be determined quickly to comply with addressing pollution entering Santa Monica Bay from the Herondo storm drain. Analysis: Directly following the March 26,2019 City Council meeting,staff convened a teleconference with Beach Cities WMG staff to discuss Council’s direction and to determine how to proceed with investigating the feasibility of the North Francisca Avenue site in Redondo Beach.The cities of Torrance,Redondo Beach,and Manhattan Beach were agreeable to exploring the feasibility of North Francisca Avenue,as this is currently the most expeditious way to meet the compliance deadlines outlined in the EWMP and retain the grant funding.However,the Beach Cities WMP partners stipulated that this study would need to be funded solely by the City of Hermosa Beach. Alternatively,staff from each City will recommend to their respective City Council’s to abandon the Project by dissolution of the MOU and relinquish the Prop 1 Grant.The City would need to provideCity of Hermosa Beach Printed on 4/5/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0230 Project by dissolution of the MOU and relinquish the Prop 1 Grant.The City would need to provide notice to the Regional Board that it is terminating the MOU and establish a compliance pathway that is acceptable to the Regional Board to stay in compliance with the EWMP. On March 29,2019,the City notified the State Board that the Beach Cities Watershed Management Group will investigate the feasibility of North Francisca Avenue to further develop a project at this location and that City Council further directed amendments to the current cost-sharing MOU as necessary to accomplish this direction and allow us to investigate alternate sites in order to accomplish the project as envisioned and to capture the requisite amount of storm water (Attachment 2).The State Board was supportive of this direction and the City submitted all of the requested materials by the April 1 deadline.The State Board will not proceed with recommendations to withdraw the Prop 1 Grant funding at this time. Tetra Tech Inc.provided a cost proposal for the additional services that includes a site survey,utilities evaluation,and geotechnical investigation of North Francisca Avenue,and the preparation of a feasibility report for a total amount of $157,719 (Attachment 3).Previous site investigations presented in the draft preliminary design report for the adjacent Greenbelt location including geotechnical analysis and utilities research indicate that the North Francisca Avenue site is potentially a feasible location,however,concerns include future realignment plans,the number of utilities to be navigated, and potential soil contamination. Staff recommends that City Council authorize Tetra Tech to immediately commence exploratory studies of North Francisca Avenue under the current professional services agreement with the City of Hermosa Beach,and Hermosa Beach will fund this investigation up to an amount of $157,719.Staff recommends Tetra Tech immediately address the previously identified concerns and iteratively proceed with the scope of work as each of these concerns are addressed,and if the site is determined to be infeasible, work will be discontinued. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The construction of an infiltration system to capture and infiltrate storm water supports several PLAN Hermosa goals and policies that are listed below. 1.8 Reduce storm water runoff.Reduce storm water runoff consistent with local storm water permits. 4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. 4.8 Holistic systems planning.Develop a comprehensive approach to water infrastructure that integrates sewer system planning with potable and recycled water systems,storm water systems, and increased conservation awareness. 5.7 Storm water permits.Strictly implement,enforce,and monitor MS4 National Pollutant City of Hermosa Beach Printed on 4/5/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0230 5.7 Storm water permits.Strictly implement,enforce,and monitor MS4 National Pollutant Discharge Elimination Systems (NPDES) Permit requirements through storm water ordinances. Fiscal Impact: Additional services for the Project would include a site survey,utilities evaluation,geotechnical investigation of North Francisca Avenue,and the preparation of a feasibility report at a cost of $157,719. These funds will be appropriated from the Storm Drain Fund. Attachments: 1. MOU for cost-sharing 2. Notification Letter to State Board 3. Tetra Tech Cost Proposal for additional work 4. Link to March 26, 2019 Staff Report and Attachments Respectfully Submitted by: Kristy Morris, Environmental Analyst 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 4/5/2019Page 4 of 4 powered by Legistar™ 65270.00001\31935298.1 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 March 29, 2019 RE: Herondo Storm Drain Infiltration Project To: Leslie Laudon, Deputy Director, State Water Resources Control Board, Division of Financial Assistance: Leslie.Laudon@waterboards.ca.gov CC: Daman Badyal: Damanvir.Badyal@waterboards.ca.gov Spencer Joplin: Spencer.Joplin@waterboards.ca.gov Dear Deputy Director Laudon: Thank you for taking the time to speak with me on Wednesday. The City of Hermosa Beach appreciates this opportunity to provide an update on the Herondo Storm Drain Infiltra tion Project (Project) for which the State Water Resources Control Board has graciously provided funding. The Project is the highest priority project in the Beach Cities’ Enhanced Watershed Management Program (EWMP) that would achieve the greatest reductio n in bacterial levels, at the Herondo Drain Outfall in Hermosa Beach. The awarded Proposition 1 Stormwater Implementation Grant of $3,099,400 represents approximately one half of the estimated total project cost. In response to significant community concerns regarding the proximity of the Project to residential dwelling units and the potential construction and operational impacts, progress was delayed on the Project as City Council reviewed alternative project sites and initiated negotiations with one of our EWMP partner cities, Redondo Beach, to site the project in Redondo Beach. While it may have appeared that the City was delaying in its obligations under the grant agreement, I can assure you that the City was diligently trying to solve this problem, namely, how can we best site this important project. The decision is not simple and the concerns from our residents were sincere, as I have learned that approximately 720 residential units are within 500 feet of the existing project site. The City Council created a subcommittee of myself and Councilmember Fangary to work with staff and our EWMP partners on solving this complicated issue, including engaging the City of Redondo Beach to discuss alternate project locations. This work culminated in a public hearing on March 26, 2019, where the City Council could have an in-depth and informed conversation about all available options. In a letter dated March 26, 2019, Redondo Beach Mayor Bill Brand authorized the City of Hermosa Beach to investigate the feasibility of North Francisca Avenue in Redondo Beach as an alternative location for the Project. At our March 26, 2019 City Council meeting, the Hermosa Beach City Council directed staff to work with staff from the Beach Cities Watershed Management Group cities to explore the feasibility of North Francisca Avenue to further 65270.00001\31935298.1 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 develop a project at this location. The City Council further directed amendments to the current cost-sharing MOU as necessary to accomplish this direction and allow us to investigate alternate sites in order to accomplish the project as envisioned and to capture the requisite amount of stormwater. This will require close work with our EWMP partners and we are committed to doing that. This will require amendments to our current cost -sharing MOU. We are swiftly initiating that process. The City Council and the community also acknowledged the complexities of managing stormwater and that even if the North Francisca site is viable, our EWMP obligations may still require a identifying a site for a sm aller project in Hermosa. Tetra Tech Inc. will immediately commence exploratory studies of North Francisca Avenue under the current professional services agreement with the City of Hermosa Beach and Hermosa Beach will cover the cost of this investigation. Previous site investigations presented in the draft preliminary design report for the adjacent Greenbelt location including geotechnical analysis and utilities research indicate that the North Francisca Avenue site is a feasible location for diverting and infiltrating stormwater from the Herondo Drain. The City of Hermosa Beach has permission from the Beach Cities Watershed Management Group cities to explore the feasibility of North Francisca Avenue, as confirmed on a teleconference Thursday morning. I want to convey our City’s sincerity in investigating this alternate location at North Francisca Avenue and our commitment to be accountable throughout this process. Should you be willing to recommend keeping the grant in place, which I hope you do, I would offer to personally check in on a regular basis to report our progress directly to you. Our city staff can also be available for regular check-ins with the grant coordinator and any additional members of your team. To that end, I want to report our proposed steps to move the grant project forward, which are also being conveyed to our EWMP partners. 1. Immediately authorize Tetra Tech to explore the feasibility of North Francisca Avenue to further develop an infiltration project at this location. The City of Hermosa Beach will cover the cost of this exploratory work. We are also hopeful that some of the design work already created for the greenbelt will be useable in the substitute infiltration project. 2. Propose an amendment to our cost-sharing MOU for the project (which currently identifies Hermosa Beach as Lead Agency and covers the parties’ obligations through the design phase of the Greenbelt Project). We are currently drafting proposed language to propose to our EWMP partners. 3. Convene regular meetings with State Water Resources Control Board, Division of Financial Assistance to provide updates on the status of the project. 65270.00001\31935298.1 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 4. Once the substitute project is identified, execute any necessary changes to the grant agreement to reflect the substitute project and promptly authorize Tetra Tech to start design (in accordance with the terms of the amended cost-sharing MOU). 5. The City of Hermosa Beach will take the lead in providing notification and project details to the Regional Board for project substitutions in the EWMP. The EWMP acknowledged that certain regional projects may be sited in alternate locations and an EWMP Amendment may not be required. Should an EWMP amendment be required, Hermosa will take the lead in seeking approval of an amended EWMP. 6. Consistent with the City’s commitment to jointly implement the EWMP, Hermosa Beach will actively participate and contribute its share to the design, CEQA review and construction of the project. In addition to this letter, City staff will submit all required grant documentation reques ted by your office by April 1st. This will include an estimated timeline for the above plan, which city staff and Tetra Tech are compiling. Please do not hesitate to contact me for further information and we look forward to providing frequent updates as we proceed with implementing a successful project. Sincerely, Stacey Armato Mayor, City of Hermosa Beach Ms. Kristy Morris April 1, 2019 Page 1 1 TETRA TECH April 1, 2019 Ms. Kristy Morris City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re.: Additional Services for the Hermosa Beach Stormwater Infiltration Project Dear Ms. Morris: We appreciate the opportunity to submit this proposal to provide additional services for the Hermosa Beach Greenbelt Infiltration Project. This proposal is to investigate the feasibility and perform the design of a stormwater capture project under North Francisca Avenue as an alternate location for the Hermosa Beach Greenbelt Infiltration Project. This proposal is specifically for the new/additional work that needs to be performed for this alternate location as well as any revisions to the original scope of work. These tasks include a topographic survey of the site, a utility evaluation, a geotechnical investigation, a feasibility report, and the inclusion of a pump station as part of the stormwater capture system. In addition, the rates were increased by 5% to account for escalation since this contract was originally signed in 2017. PROJECT STATUS The original agreement for the Hermosa Beach Greenbelt Infiltration Project, dated September 12, 2017, established a total amount of $710,839 including the additional $10,075 tree assessment added to the original scope to be paid to Tetra Tech by the City of Hermosa Beach. To date, Tetra Tech has since billed approximately $232,299 for site investigations (survey, utility, and geotechnical), water quality analysis, and preliminary design of the project located within the Greenbelt. Because of these investigations and per the letter dated March 26, 2019, the City of Redondo Beach is proposing North Francisca Avenue as an alternate location for the project. Tetra Tech proposes a change order of $450,386 to complete the project at the alternate location. This results in a total of $928,926 for project design completion. DESCRIPTION AMOUNT Original Contract $700,764 Change Order 1 (Tree Assessment)$10,075 Billed to Date $(232,299) Change Order 2 (Move project to N. Francisca Ave.)$450,386 Total for Design Completion $928,926 Ms. Kristy Morris April 1, 2019 Page 2 2 TETRA TECH SCOPE OF SERVICES Task 1.1 – Survey, Utilities Evaluation, and Geotechnical Investigation Survey The topographic survey will include a ground survey and aerial photogrammetry of the alternate project location. The team will perform the following tasks: The ground survey will establish horizontal and vertical control for the alternate site and fill in any gaps in the aerial survey. An aerial survey will then be performed to obtain a 40 scale, one (1) foot contour interval of the alternate site. Prepare a Topographic Map at a scale of 1” = 40’. The topography will show one (1) foot contours of the alternate site. All data and mapping will be completed utilizing California State Plane Coordinates (NAD 83) and County of Los Angeles Vertical Datum (NAVD 88) and will be prepared by a Licensed Land Surveyor in the State of California. Utilities Evaluation Tetra Tech will utilize USA Dig Alert’s website to obtain a comprehensive list of utility purveyors for the alternate project location, which Tetra Tech will use to request utility atlas information. The received atlas information will be used to prepare a utility index map of existing utilities for the alternate project area. Once the site investigations and review are complete, the Tetra Tech team will perform a site visit to verify the accuracy of data obtained and the locations of the utilities (underground and overhead) based on the utility atlases received. Tetra Tech will also verify the appropriate right-of-way, and incorporate the utility investigation into the AutoCAD base maps. This information will be used in verifying the preliminary design layout and minimizing utility conflicts. Geotechnical Investigation Our team will evaluate the geotechnical and geological conditions of the alternate project site and prepare reports to support the preparation of the Feasibility Report. The geotechnical team will obtain soil testing data from several locations from core drill samples. The samples will be tested in a laboratory per ASTM, City, and County standards and used to evaluate existing conditions and provide design recommendations. The geotechnical investigation will include the following: Review of readily available background materials, including published geologic maps and literature, in- house information, stereoscopic aerial photographs, seismic data, including fault hazard maps, seismic hazard maps, and other readily available data regarding geologic and seismic hazards within the alternate project area. Boring logs will be used to define the stratigraphy of the alternate project area to determine the feasibility of infiltration at the site and to obtain soil parameters for the design of the underground infiltration gallery, the diversion structure, and the pretreatment device. Boring logs will be used to provide soil parameters for the design of the shoring system. Groundwater depths will be measured. Ms. Kristy Morris April 1, 2019 Page 3 3 TETRA TECH Soil sampling and analysis will only be performed at the proposed boring locations. Geotechnical laboratory testing will be performed of selected samples to evaluate in-situ moisture and density, gradation, and corrosivity. Prepare a preliminary geotechnical report presenting the results and findings. The image below indicates approximate locations for the proposed borings. The borehole percolation tests will be performed adjacent to each boring. Figure 1. Boring Locations Deliverables:Topographical map (prepared by a licensed land surveyor), AutoCAD file of the mapped utilities found through the utility requests, and Draft and Final Geotechnical Reports. Task 1.2 – Feasibility Report Using the information gathered or generated under Task 1 including: data and maps generated under surveying activities, utilities evaluation results, existing and additional geotechnical investigation, and additional knowledge of the City of Hermosa Beach’s priorities and concerns gained during the project inception and Task 1 completion, our team will prepare a Feasibility Report to evaluate North Francisca Avenue as a potential location for the infiltration project. Ms. Kristy Morris April 1, 2019 Page 4 4 TETRA TECH The Feasibility Report developed under this task will specifically take into consideration approaches to maximize the amount of storm water captured by the project, and as a result, maximizing contribution of the project in achieving goals of the EWMP. The Feasibility Report will define stormwater design issues, identify potential BMP options, analyze up to two project alternatives, and provide cost estimates of the presented alternatives. Deliverables:Feasibility Report in electronic format. Task 1.3 – CEQA Documentation Below is a list of revisions/additions to the original scope based on current regulations. In addition, the fee was increased to account for increased rates. The City of Redondo Beach Energy Efficiency Climate Action Plan will be considered while analyzing the project’s greenhouse gas emissions (GHGs). Noise monitoring will be performed at two (2) locations for 15 minutes. The Initial Study will comply with the revised 2019 State CEQA Guidelines. The Initial Study will address the following additional environmental issues: energy, transportation, tribal cultural resources, wildfire, and mandatory findings of significance. Tasks 1.4 through 1.7 – Additional Design and Construction Support A revised sheet index is shown below. There is a total of 60 sheets, resulting in an additional 28 sheets to the 32 sheets listed in the original scope of work. This increase is a result of the addition of a pump station and the alternate location being within a roadway requiring utility relocations, traffic control, and roadway design. Such revisions affect everything from design to construction support. The addition of the pump station will require electrical, mechanical and structural design and construction support. Tetra Tech will prepare plans, specifications, estimate, and calculations to support the design of a pump station for the Project. The package will be incorporated into the civil, structural, and electrical engineering design package. All work will be overseen by a Structural Engineer (SE). During a site visit performed on March 30, 3019, several utilities were found within the subject area. Such utilities include high-pressure gas, water, irrigation, storm drain, overhead power lines, and overhead transmission lines. Utilities are also present in Herondo Street. These utilities may require relocation where possible to accommodate the design. This proposal includes the design of up to four utility relocations. To locate the proposed stormwater capture system under North Francisca Avenue, the asphalt pavement and potentially the concrete sidewalk along the road must be removed. Street improvement plans will need to be created for the replacement of the road. This was not included in the original scope of work when the project was proposed in the Greenbelt. Ms. Kristy Morris April 1, 2019 Page 5 5 TETRA TECH Sheet Index Sheet No. Dwg. No. Sheet Title 1 G-1 Title Sheet 2 G-2 Sheet Index, Legend, and Abbreviations 3 G-3 Notice to Contractors 4 G-4 Notice to Contractors 5 G-5 Boring Logs 6 G-6 Boring Logs 7 G-7 Overall Construction Sequence Plan 8 G-8 Erosion Control Plan 9 C-1 Demolition Plan 10 C-2 Demolition Plan 11 C-3 Horizontal Control Plan 12 C-4 Horizontal Control Plan 13 C-5 Street Improvement Plan and Profile 14 C-6 Street Improvement Plan and Profile 15 C-7 Street Improvement Plan and Profile 16 C-8 Storm Drain Plan and Profile 17 C-9 Utility Relocation Plan and Profile 18 C-10 Utility Relocation Plan and Profile 19 C-11 Utility Relocation Plan and Profile 20 C-12 Utility Relocation Plan and Profile 21 C-13 Schematic Diagram 22 C-14 Details 23 C-15 Details 24 C-16 Details 25 C-17 Details 26 C-18 Details 27 C-19 Details 28 D-1 Pump Station Plan 29 D-2 Pump Station Sections 30 D-3 Pump Station Details 31 S-1 Structural Notes 32 S-2 Structural Notes 33 S-3 Structural Observation Requirements 34 S-4 Herondo Drain Demolition 35 S-5 Diversion Structure Foundation and Roof Plan 36 S-6 Diversion Structure Section 37 S-7 Diversion Structure Section Ms. Kristy Morris April 1, 2019 Page 6 6 TETRA TECH Sheet No. Dwg. No. Sheet Title 38 S-8 Pump Station Foundation and Roof Plan 39 S-9 Pump Station Section 40 S-10 Pump Station Section 41 S-11 Structural Details 42 S-12 Structural Details 43 S-13 Structural Details 44 S-14 Structural Details 45 S-15 Structural Details 46 E-1 Electrical Notes and Legend 47 E-2 Electrical Plan 48 E-3 Pump Station Electrical Plan 49 E-4 Single Line Diagram 50 E-5 Pump Control Schematic 51 E-6 Conduit and Panel Schedule 52 E-7 Electrical Details 53 E-8 Electrical Details 54 EI-1 Instrumentation Notes and Legend 55 EI-2 P&ID 56 EI-3 Control Panel Layout 57 T-1 Traffic Control Notes 58 T-2 Traffic Control Detour Plan 59 T-3 Traffic Control Plan 60 T-4 Traffic Control Plan Project Schedule A revised schedule for the project is provided as an attachment to this revised scope. PRELIMINARY INVESTIGATIONS AND DESIGN/CONSTRUCTION CONSTRAINTS Site and Utilities Utilizing Google Earth, North Francisca Avenue is approximately 30 feet from curb to curb. To attain a 7.5-acre- foot storage capacity, the infiltration gallery will need to occupy the full width of North Francisca Avenue from Herondo Street to North Catalina Avenue, assuming a 10-foot deep infiltration gallery and a groundwater elevation deeper than that found at the Greenbelt. This also assumes that existing utilities within North Francisca Avenue can be relocated. The east end of North Francisca Avenue is approximately 10 feet to 15 feet higher than the west end of North Francisca Avenue. The significant grade differential that exists between the east end of North Francisca Avenue and the west end of North Francisca Avenue will create significant amounts of earth work if the entirety of North Francisca Avenue is used. Ms. Kristy Morris April 1, 2019 Page 7 7 TETRA TECH During a site visit performed on March 30, 3019, several utilities were found within the subject area. Such utilities include high-pressure gas, water, irrigation, storm drain, overhead power lines, and overhead transmission lines. No sewer lines were observed within North Francisca Avenue. One sewer manhole was observed in Herondo Street. Figure 2. Water Utility Appurtenances Figure 3. Transmission and Gas Lines Geotechnical Based on a cursory review of available information, it appears that the groundwater is shallower along North Francisca Avenue than at the Greenbelt location. The will likely dictate the infiltration gallery be designed shallower, which will reduce the volume. Since space is also an issue along North Francisca Avenue, this will make achieving the same storage volume as the Greenbelt difficult. Other Design/Construction Constraints Numerous facilities and businesses are located along North Francisca Avenue. Such businesses include a US Post Office, an existing storage facility, a car wash, gym, nail salon, and restaurants. The public parking driveway for the US Post Office is located on North Catalina Avenue. However, the employee parking driveway is located on North Francisca Avenue. Three driveways and entrance gates to the storage facility are located on North Francisca Avenue. Another driveway to the storage facility is located along North Catalina Avenue. The car wash ingress and egress driveways as well as the sole parking lot driveway for the gym, nail salon, and restaurants are all located on North Francisca Avenue. Access to these facilities and businesses will need to be coordinated during construction. Ms. Kristy Morris April 1, 2019 Page 8 8 TETRA TECH Figure 4. Employee Access to US Post Office Figure 5. Storage Facility Driveway Figure 6. Car Wash Driveway Figure 7. Public Parking Driveway As previously stated, overhead utilities were observed and may present a challenge for construction vehicles (i.e., cranes). Cranes are used during the installation of precast concrete modular units for the infiltration gallery. Existing overhead power and high-voltage transmission lines cross approximately 25 feet and 50 to 100 feet over North Francisca Avenue, respectively. During the site visit, traffic was observed on North Francisca Avenue to range from moderate to heavy. Street closure during construction may cause traffic impacts. Ms. Kristy Morris April 1, 2019 Page 9 9 TETRA TECH Figure 8. Overhead Utilities Figure 9. Observed Traffic LABOR AND FEE ESTIMATE Our detailed fee summary is attached as the Price Proposal. We are prepared to complete the work on a Time and Materials (T&M) basis, as summarized below. The fees presented are to provide additional services described above for the Hermosa Beach Greenbelt Infiltration Project and are in addition to the fees associated with the original agreement and the tree assessment add service, which totaled $710,839. TASK DESCRIPTION AMOUNT 1.1 Survey, Utilities Evaluation, and Geotechnical Investigation $98,698 1.2 Feasibility Report $59,021 1.3 CEQA Documentation $831 1.4 Final Design (28 sheets) $203,007 1.5 Detail PS&E $27,416 1.6 Construction Bidding Phase $8,925 1.7 Construction Support Phase (As Needed) $52,490 Total $450,386 Ms. Kristy Morris April 1, 2019 Page 10 10 TETRA TECH NOTICE TO PROCEED Our team is ready to begin work on this immediately. Please feel free to contact me if you have any questions regarding our scope of services or the proposed fee. If the City agrees with the above services and fee, please return a signed copy of this proposal. We wish to thank you for the opportunity of submitting this proposal and we look forward to continuing our work with the City of Hermosa Beach. Sincerely, Mauricio Argente, RLA Vice President Attachment(s): Price Proposal Project Schedule APPROVED FOR:City of Hermosa Beach PROJECT: Hermosa Greenbelt Infiltration Project BY: TITLE: DATE: Price Summary / Totals Task Pricing Totals 450,386 Bill Rate >315.00 262.50 231.00 210.00 241.50 225.75 162.75 120.75 183.75 136.50 115.50 131.25 231.00 162.75 168.00 94.50 220.50 99.75 246.75 162.75 115.50 246.75 120.75 241.50 152.25 152.25 126.00 89.25 Specify Add'l Fees on Setup 0 Technology Use Fee Proj Area >450,386 Submitted to: City of Hermosa Beach (Attn: Kristy Morris, PhD) $0.00 Contract Type: T&M mile M&E Project Phases / Tasks From Thru Months 2,604 8 6 56 114 12 20 32 40 40 114 240 26 148 462 4 8 20 410 76 142 180 132 314 -----2,000 0.00%401,720 48,667 ---450,386 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 27 281.1 Survey, Utilities Evaluation, and Additional Geotechnical Investigation 336 --24 52 ----16 36 44 16 4 4 4 8 20 100 4 --4 ------560 50,862 47,836 ---98,698 1.1 Research 104 4 8 8 16 20 8 40 -----13,608 13,608 1.2 Site Visit 20 4 4 4 4 4 -----80 4,200 4,200 1.3 Survey 58 2 4 4 8 20 20 -----80 9,135 2,200 11,335 1.4 Geotech Coordination and New Geotech Study 14 2 4 4 4 -----80 2,499 45,636 48,135 1.5 Preliminary Plan and Utilities Notices/Questionnaires 116 8 16 8 16 20 8 40 -----16,212 16,212 1.6 Meetings and Progress Reports (Up to 4)24 8 16 -----320 5,208 5,208 1.2 Preliminary Design, Planning activities 382 6 2 12 28 12 20 32 40 8 38 76 10 4 4 ---30 6 8 30 8 8 -----80 59,021 ----59,021 1.2.1 Update Hydrologic and Hydraulic Model 106 2 8 8 16 32 40 -----17,724 17,724 1.2.2 Conceptual Design Alternatives Development (Up to 2)82 2 2 4 4 10 20 10 30 -----10,647 10,647 1.2.3 Line Item Cost Estimate for Alternatives 32 2 2 4 8 16 -----4,872 4,872 1.2.4 Feasibility Report Preparation (Draft and Final Submissions)134 2 2 2 8 4 20 40 4 2 8 30 4 8 -----19,247 19,247 1.2.5 Meetings and Progress Reports (Draft Review Meeting)28 4 4 4 4 4 4 4 -----80 6,531 6,531 1.3 CEQA Documentation, Permits -------------------------------831 ---831 1.3.1 CEQA Documentation, Permits ------831 831 1.4 Final Design 1,332 2 4 16 22 ----12 32 100 -104 324 ---180 38 90 128 60 220 -----160 203,007 ----203,007 1.4.1 60% PS&E (60 Sheets)823 1 2 8 12 8 20 60 60 200 120 20 60 80 32 140 -----123,459 123,459 1.4.2 100% PS&E for Review 485 1 2 8 10 4 12 40 40 120 60 10 30 48 20 80 -----74,025 74,025 1.4.3 Meetings and Progress Reports (60% and 100% Design Review)24 4 4 8 8 -----160 5,523 5,523 1.5 Detail PS&E 188 --4 8 ----4 8 20 -4 10 ---40 8 8 18 16 40 -----80 27,416 ----27,416 1.5.1 Detail PS&E Development 180 4 8 4 8 20 4 10 40 4 8 18 12 40 -----25,442 25,442 1.5.2 Meetings and Progress Reports 8 4 4 -----80 1,974 1,974 1.6 Construction Bidding Phase 48 ------------4 4 ----8 12 -8 12 -----80 8,925 ----8,925 1.6.1 Attend Pre-bid Meeting/Job Walk ------80 - 1.6.2 Response to Bidder Inquiries 16 4 4 4 4 -----3,108 3,108 1.6.3 Assist the City with Bid Evaluation ------- 1.6.4 Prepare "As-Bid" Documents 32 4 4 4 8 4 8 -----5,817 5,817 1.7 Construction Support Phase (As Needed)318 ---4 --------28 116 ---60 12 24 4 36 34 -----1,040 52,490 ----52,490 1.7.1 Pre-Con Meeting 8 8 -----80 1,974 1,974 1.7.2 Submittals and Shop Drawings Review (15 Submit @ 2 hrs each, 10 Re-submit @ 1 hour each)90 12 48 4 8 8 10 -----16,055 16,055 1.7.3 Assist with RFIs (15 RFIs @ 2 hrs each)44 4 16 4 8 4 8 -----7,770 7,770 1.7.4 Construction Site Visits and Quality Control (6 Inspections @ 4 hrs each)12 4 8 -----480 2,625 2,625 1.7.5 O&M Documentation 28 4 8 8 8 -----5,229 5,229 1.7.6 Final Record Drawings Plans Preparation (30 sheets @ 2 hr/sheet)88 4 4 8 60 4 8 -----10,479 10,479 1.7.7 Meetings, Management and Progress Reports (2 hr/wk, 1 yr)------- 1.7.8 Structural Observations (6 @ 4 hours each)48 8 40 -----480 8,358 8,358 Totals 2,604 8 6 56 114 12 20 32 40 40 114 240 26 148 462 4 8 20 410 76 142 180 132 314 -----2,000 0.00%401,720 48,667 ---450,386 Note: The fees presented are to provide additional services for the project and are in addition to the fees associated with the original agreement and the tree assessment add service, which totaled $710,839. 28 Resource NORTH FRANCISCA AVENUE INFILTRATION Price Proposal Revision Date: Mar 29, 2019 Labor Plan Jr Water Resources EngineerStormwater Infiltration Design Project (Additional Design Support, Geotechnical Investigation, Survey, and CEQA - EIR Support to Total Price Pricing by Resource Principal (Mauricio Argente, RLA, ENV SP)QA/QC Manager (Mark Bush, PE)Project Manager (Jason Fussel, PE, PLS, ENV SP, LEED AP)Deputy Project Manager (Nate Schreiner, PE)Stormwater Quality Manager (Chad Helmle, PE)Sr. Water Resources Engineer (Oliver Galang, PE, ENV SP)Mid Water Resources Engineer (Brad Wardynski, PE, Merrill Taylor, PE)Sr. Mechanical Engineer (Tim Joyce, PE)Mid Mechanical Engineer (Kyle Bohn, PE)Sr. Civil Engineer (Aaron Yonker, PE)Mid Civil Engineer (Elva Pangilinan, PE, ENV SP)Jr. Civil Engineer (Chris Jansen, EIT)Landscape Architect (Heath Pray)Sr Structural Engineer (Mike Olsen, PE)Mid Structural Engineer (Megan Hanrahan)Fleet Vehicles Drafting Geotechnical SupportOffice Geotechnical SupportJr. Mechanical Engineer (Jamie McElyea)Sr. Electrical Engineer (Mazen Kassar, PE)Junior Electrical Engineer (Kyle Weideman)Principal Engineer/Geologist (Peter Skopek, PE)Project Engineer (Fernando Cuenca, PE)Field Geologist (Andrew McLarty)Task Pricing TotalsSchedule Work Days OffWork DaysTotal Labor Hrs Subs Travel Mat'ls & Equip ODCs Labor Rate Esc.LaborLand Surveyor (Dan Helt, PE, PLS)Surveyor Technician (Manuel Leon)Two Man Survey Crew (Tetra Tech)CAD DesignerTetra Tech - Confidential and Proprietary Page 1 of 1 Printed 4/1/2019 ID Task Name Duration Start Finish Predecessors 1 Hermosa Beach Greenbelt Infiltration Project 653 days Wed 5/1/19 Fri 10/29/21 2 Notice to Proceed 0 days Wed 5/1/19 Wed 5/1/19 3 Kick-off Meeting 1 day Wed 5/1/19 Wed 5/1/19 2 4 Task 1. Survey, Utilities Evaluation, and Geotechnical Investigation 50 days Thu 5/9/19 Wed 7/17/19 5 1.1 Research 10 days Thu 5/16/19 Wed 5/29/19 3FS+10 days 6 1.2 Site Visit 1 day Thu 5/9/19 Thu 5/9/19 3FS+1 wk 7 1.3 Survey 15 days Thu 5/9/19 Wed 5/29/19 3FS+1 wk 8 1.4 Geotech Study 30 days Thu 6/6/19 Wed 7/17/19 3FS+5 wks 9 1.5 Utilities Reserach 10 days Thu 5/30/19 Wed 6/12/19 7 10 Task 2. Feasibility Report 50 days Thu 5/16/19 Wed 7/24/19 11 2.1 Refined Hydrologic and Hydraulic Model 10 days Thu 7/4/19 Wed 7/17/19 8FS-2 wks 12 2.2 Conceptual Design Alternatives Development 5 days Thu 5/30/19 Wed 6/5/19 7 13 2.3 Line Item Cost Estimate for Alternatives 1 day Thu 6/6/19 Thu 6/6/19 12 14 2.4 Draft Feasibility Report Preparation 20 days Thu 5/16/19 Wed 6/12/19 3FS+2 wks 15 2.5 Draft Feasibility Report Submittal 0 days Wed 6/12/19 Wed 6/12/19 14 16 2.6 Beach Cities and the City's Review of Feasibility Report 20 days Thu 6/13/19 Wed 7/10/19 15 17 2.7 Final Feasibility Report Preparation 10 days Thu 7/11/19 Wed 7/24/19 16 18 2.8 Final Feasibility Report Submittal 0 days Wed 7/24/19 Wed 7/24/19 17 19 Task 3. CEQA Documentation, Permits 466 days Wed 5/8/19 Wed 2/17/21 4 20 3.1 CEQA Documentation 175 days Wed 5/8/19 Tue 1/7/20 21 3.1.1 Update Ph.1 ESA Request Report 20 days Wed 5/8/19 Tue 6/4/19 22 3.1.2 Prepare CEQA Determination Documents 75 days Wed 5/8/19 Tue 8/20/19 23 3.1.3 Submit Draft CEQA Documentation 0 days Tue 8/20/19 Tue 8/20/19 22 24 3.1.4 City's Review of Draft CEQA Documenation 30 days Wed 8/21/19 Tue 10/1/19 23 25 3.1.5 Prepare Final CEQA Documentation 25 days Wed 10/2/19 Tue 11/5/19 24 26 3.1.6 Submit Final CEQA Documentation 0 days Tue 11/5/19 Tue 11/5/19 25 27 3.1.7 Public CEQA Documentation Review and Responses 45 days Wed 11/6/19 Tue 1/7/20 26 28 3.2 Prepare Documentations for Other Permits 345 days Thu 7/18/19 Wed 11/11/20 29 3.2.1 City of Hermosa Beach, Building Division Documents Preparation 20 days Thu 7/25/19 Wed 8/21/19 18 30 3.2.2 City of Hermosa Beach Public Works Documents Preparation 20 days Thu 7/25/19 Wed 8/21/19 18 31 3.2.3 West Basin Municipal Water District (reclaimed water line) Coordination Documents Preparation 20 days Thu 7/25/19 Wed 8/21/19 18 32 3.2.4 Coastal Commission Permit Documents Preparation 50 days Thu 7/25/19 Wed 10/2/19 18 33 3.2.5 Los Angeles Regional Water Quality Control Board NPDES Construction General Permit Documents Preparation 30 days Thu 11/14/19 Wed 12/25/19 32FS+30 days 34 3.2.6 LACFCD Permit 345 days Thu 7/18/19 Wed 11/11/20 35 Submit LACFCD Permit Application Preparation 10 days Thu 7/18/19 Wed 7/31/19 4 36 Review 60% Plans 30 days Thu 12/5/19 Wed 1/15/20 43 37 Review 100% Plans 30 days Thu 4/2/20 Wed 5/13/20 45 38 Draft MOU 50 days Thu 5/14/20 Wed 7/22/20 37 39 MOU Board Letter 80 days Thu 7/23/20 Wed 11/11/20 38 40 LACFCD Permit Issued 0 days Wed 11/11/20 Wed 11/11/20 39 41 Task 4. Final Design 195 days Thu 8/1/19 Wed 4/29/20 42 4.1 60% PS&E 90 days Thu 8/1/19 Wed 12/4/19 18FS+1 wk 43 4.2 60% PS&E Plans Submittal 0 days Wed 12/4/19 Wed 12/4/19 42 44 4.3 City's Review of 60% PS&E Plans 20 days Thu 12/5/19 Wed 1/1/20 43 45 4.4 100% PS&E for Review 65 days Thu 1/2/20 Wed 4/1/20 44 46 4.5 100% PS&E Plans for Review Submittal 0 days Wed 4/1/20 Wed 4/1/20 45 47 4.6 City's Review of 100% PS&E Plans 20 days Thu 4/2/20 Wed 4/29/20 46 48 Task 5. Detail PS&E 20 days Thu 4/30/20 Wed 5/27/20 49 5.1 Detail PS&E Development 20 days Thu 4/30/20 Wed 5/27/20 47 50 Task 6. Construction Bidding Phase 60 days Thu 5/28/20 Wed 8/19/20 51 6.1 Construction Bidding Phase Support 60 days Thu 5/28/20 Wed 8/19/20 49 52 Task 7. Construction Support Phase (As Needed)312 days Thu 8/20/20 Fri 10/29/21 53 7.1 Pre-Con Meeting 1 day Thu 8/20/20 Thu 8/20/20 51 54 7.2 Submittals and Shop Drawings Review 262 days Thu 8/20/20 Fri 8/20/21 51 55 7.3 Construction Site Visits and Quality Control 262 days Thu 8/20/20 Fri 8/20/21 51 56 7.4 O&M Documentation 50 days Mon 8/23/21 Fri 10/29/21 55 57 7.5 Final Record Drawings Plans Preparation 22 days Mon 8/23/21 Tue 9/21/21 55 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Qtr 3, 2019 Qtr 4, 2019 Qtr 1, 2020 Qtr 2, 2020 Qtr 3, 2020 Qtr 4, 2020 Qtr 1, 2021 Qtr 2, 2021 Qtr 3, 2021 Summary Task Milestone Summary Project Summary Proposed Schedule for Hermosa Beach Greenbelt Infiltration Project (Updated 10/3/2018) Page 1 Hermosa Beach Greenbelt Infiltration Project Date: 4/27/2017 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, April 8, 2019 10:30 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) David Grethen submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Item: 6d) REPORT 19-0230 APPROVAL TO INVESTIGATE THE FEASIBILITY OF NORTH FRANCISCA AVENUE FOR THE HERONDO DRAIN STORM WATER INFILTRATION PROJECT (Environmental Analyst Kristy Morris) eComment: The staff report states that prior work has identified contamination as a potential concern for feasibility of Francisca Ave as an alternate project site. However, there is no mention of contamination in the Tetra Tech proposal. It would be useful to clarify this during oral presentation to Council, e.g., whether Tetra Tech or Staff or someone else will perform this evaluation. It would also be useful during oral presentation to expand upon the identified concern about "realignment" (perhaps referring to the roadway) in order to assure a comprehensive understanding of potential challenges. View and Analyze eComments From: peter@electpetertucker.com <peter@electpetertucker.com> Sent: Tuesday, April 9, 2019 11:51 AM To: Ann Yang <anny@hermosabch.org>; Suja Lowenthal <suja@hermosabch.org> Cc: City Clerk <cityclerk@hermosabch.org> Subject: FW: REPORT 19-0230 “WE FELL SHORT AGAIN” (City Manager 10/11/18 Beach Reporter) Staff is requesting funding for a feasibility study to locate the Greenbelt infiltration galleries under N. Francisca. The amount of $157,719 is being appropriated from the Storm Drain Fund which receives its funding from the residents Utility Users Tax fees (UUT). Residents need to be told that the City is going to spend our taxes for study the feasibility of possibly relocating the infiltration to N Francisca. The Mayor of Redondo offered Hermosa to investigate this alternative site but has not indicated if the Redondo Council will approve this location. In the past the City of Redondo has said no to this location. Tetra Tech in there scope of services points out many obstacles such as high pressure gas lines, water, replacement of road surfaces, utility relocations, business interruptions and redirection of moderate to heavy traffic This site has the same topographic contours groundwater elevations with possible sea level rise and liquefaction eliminates. There are also old train tracks, oil pollution form the Tritton oil storage tank (have been removed) to ground pollution form the AES power plant (formally So Cal. Edison) The Hermosa Council should look at infiltrating the stormwater runoff along Ardmore which runs approximately 1.6 miles. This would make alleviate the flooding along Ardmore making a safer to drive in the South bound lanes during the rainy season. Tetra Tech report tells on may obstacles which should be of great concern before spending tax payers money on a report that has no approval from the Redondo Council to use this location This project failed to keep the residents informed on the scope of work during the conceptual process as has been done on other large projects When the community is informed the issues are discussed with solutions or compromises are obtained. Hermosa used to call this TRANSPERENCY Transparency from other projects : UPPER Pier Ave 18 months of work shops and study sessions Aviation/ PCH improvements 5 years of input (this project with Caltrans had a infiltration system along the length of PCH but received no support from the South Bay Cog or Metro E&B Oil EIR 3 years of discussion The Plan (General Plan) 3 years of discussion 4/9/19 AGENDA, ITEM 6d - STORM WATER INFILTRATION PROJECT SUPPLEMENTAL EMAIL SUBMITTED BY PETER TUCKER TO THE CITY MANAGER'S OFFICE ON 4/9/19 AT 11:51 A.M. There is no guarantee from Redondo if the findings for this location are favorable Redondo will approve the location The Strom Drain funds can be better spent in solving the runoff problem in our City Hermosa DON’T PIN STORMWATER HOPE ON REDONDO Peter Tucker (310) 218-7239. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0209 Honorable Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN DRAFT SCOPE OF WORK (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council: 1.Review and provide input on the draft Scope of Work for the development of the Neighborhood Traffic Management Plan (NTMP) for North School; and 2.Direct staff to issue a Request for Proposals for the development of the Neighborhood Traffic Management Plan based on the Scope of Work and the terms identified in the Memorandum of Understanding. Executive Summary: The passage of the Measure S school bond in June 2016 created the Measure S School Facilities Project,which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools.To comply with the California Environmental Quality Act (CEQA),the School District prepared an Environmental Impact Report (EIR)for the North School Reconstruction Project and took action to certify the Final EIR and approve the project on January 9, 2019. Since certification of the Final EIR by the School Board on January 9,2019,the City and School District representatives have met as a team frequently to discuss the terms of the tolling agreement and collaborate on the conditions to be included in a Memorandum of Understanding (MOU).Under the leadership of Mayor Stacey Armato,School Board President Doug Gardner,Councilmember Justin Massey,and School Board Member Maggie Bove-LaMonica,on February 27,2019,the Memorandum of Understanding was approved by both the City Council and School Board memorializing the commitment of both parties to work together collaboratively to safely manage transportation, traffic, and student loading and unloading activities. Fulfilling the commitments of the MOU will be accomplished primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP).As articulated in the MOU and as required under Mitigation Measure TRAF-5(d)in the Final EIR,the NTMP is intended to serve as City of Hermosa Beach Printed on 4/5/2019Page 1 of 7 powered by Legistar™ Staff Report REPORT 19-0209 as required under Mitigation Measure TRAF-5(d)in the Final EIR,the NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly.The MOU describes a process where the City and School District mutually agree on the scope of work to be contained within a request for proposals (RFP)to jointly hire the traffic engineer,transportation planner,and/or third-party expertise needed to manage the preparation of the NTMP.Prior to releasing the request for proposals,the City Council,School Board,and the community have an opportunity to review and provide input on the scope of work to be contained within the RFP to ensure it meets the objectives and expectations of the MOU. Background: The passage of the Measure S school bond in June 2016 created the Measure S School Facilities Project,which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools.To comply with the California Environmental Quality Act (CEQA),the School District prepared an Environmental Impact Report (EIR)for the North School Reconstruction Project and took action to certify the Final EIR and approve the project on January 9, 2019. During the EIR process,the City submitted three formal comment letters to the School District for the Draft EIR,Recirculated Draft EIR,and prior to certification of the Final EIR.While the comments provided by the City through these letters covered several topics,much of the focus was on how the drop-off and pick-up of students could potentially impact public services,such as police and fire response,transportation,and traffic circulation,as the District’s EIR estimated that as many as 55 percent of the students at this school may be dropped off at locations other than the two designated zones on 25th Street and Myrtle Avenue. With the likely alternative drop-off locations being on nearby City property at Valley Park,the City sought additional collaboration with the School District to refine and develop plans for the neighboring streets and public property to determine what improvements are needed for students to travel safely between those alternate locations and the school site. In an effort to reach agreement between the two parties on February 9,2019,the City and School District entered into a Tolling Agreement extending the statute of limitations for the City to challenge the EIR until February 28,2019 and on February 27,2019,a Memorandum of Understanding ( Attachment 1)was signed by both parties demonstrating the commitment to work together collaboratively to safely manage transportation,traffic,and student loading and unloading activities, primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP). As articulated in the MOU and as required under Mitigation Measure TRAF-5(d)in the Final EIR,the NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly.The MOU describes aCity of Hermosa Beach Printed on 4/5/2019Page 2 of 7 powered by Legistar™ Staff Report REPORT 19-0209 streets resulting from the Project and ways to manage them accordingly.The MOU describes a process where the City and School District mutually agree on the scope of work to be contained within a request for proposals to jointly hire the traffic engineer,transportation planner,and/or third- party expertise needed to manage the preparation of the NTMP.The MOU additionally identifies a series of timeframes in which the different deliverables described within the MOU will be prepared.A schedule articulating the key steps to provide those deliverables is identified in Attachment 2. Discussion: Based on the terms of the MOU,staff from the City and School District have prepared a draft Scope of Work (Attachment 3)for the Council,School Board,and community to review and seeks feedback from the two bodies prior to releasing the RFP to which proposers can respond.In doing so,staff aims to provide the decision-making bodies and the community with a Scope of Work that is clear, concise,and effective at communicating the expectations for the development of the NTMP and related deliverables of the pedestrian school route plans,recommended vehicle travel routes map, and transportation management program,which may require the support or assistance of third-party traffic engineering or transportation planning expertise.Based on Council and School Board direction,staff would refine the Scope of Work,and would then jointly issue a Request for Proposals to solicit proposals from qualified individuals or consulting firms which would detail the required proposal content, submission procedures, evaluation criteria, and other standard RFP conditions. A brief outline of the key sections and tasks identified in the Draft Scope of Work are provided below: ·Characteristics and Project Location-this section provides a brief synopsis of the project and surrounding area to orient proposers to the physical context and conditions under which the NTMP would be prepared, including a map of the proposed Study Area. ·Project Goals &Study Boundary-this section articulates the collective goals and study area that the City and School District are seeking to accomplish through the development of the NTMP: o Identifies solutions that will enhance public safety and traffic flow at North School without causing delays in the school’s construction. o Maximizes the efficient use of limited funds of the City and School District and leverages outside funding opportunities. o Utilizes a collaborative process to incorporate City,School District,and community input on the design and operation of transportation facilities and traffic concerns. o Complies with the conditions set forth in the MOU and the Mitigation Monitoring and Reporting Program for the North School EIR. o Can be completed by March 31,2020,including adoption of plan by both the School Board and City Council. ·Relevant Plans,Policies,Programs,or Projects-this section identifies and provides links to the documents that should inform the development of approach,budget,and schedule of City of Hermosa Beach Printed on 4/5/2019Page 3 of 7 powered by Legistar™ Staff Report REPORT 19-0209 proposers so that studies recently performed do not need to be duplicated. ·Proposed Scope of Work-this section identifies a proposed set of tasks/process for proposers to utilize in the development of the NTMP.The tasks described in greater detail in Attachment 3 include: 1.Project Management & Administration a.Kick-Off Meeting & Study Area Tour b.Monthly Progress Meetings c.Project Invoicing & Reporting 2.Community Engagement a.Stakeholder Group Facilitation b.City-School Compact Meeting(s) c.Community Meeting 1 d.Community Meeting 2 3.Data Collection & Analysis 4.Measure Identification & Evaluation a.Measure Identification b.Measure Prioritization 5.Draft Neighborhood Traffic Management Plan a.Preliminary Engineering & Program Design for Recommended Measures b.Cost Sharing Allocation & Identification of Grant Funding Opportunities c.Adaptive Management Plan for Monitoring & Re-Evaluation 6.Board, City Council, and Commission Review & Approvals 7.Development of pedestrian School Route Plan,Recommended Vehicle Travel Routes Map,and Transportation Management Program ·Work to be Performed or Provided by the City/School District-recognizing the resources constraints on staff from both the City and School District,this section describes the tasks that the two agencies are expected to perform during this process so that proposers are clear on the expectations for staff involvement and prepare a proposal that responds to the expectations accordingly. With an approximately 12-month scheduled outlined in the MOU for the development of the NTMP, staff seeks City Council and School Board input on the proposed Scope of Work and direction to release a joint Request for Proposals based on the scope of work and any refinements.The School Board will consider the Scope of Work at its regular meeting scheduled for April 10.Upon receipt of proposals,the City and School District would review and may interview proposers to make a recommendation to both bodies on the selection of a qualified consultant to support the traffic engineering and transportation planning needs of this project. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The development of the NTMP related to North School would help implement our collective community vision to provide exceptional local schools to the Hermosa Beach community and support several City of Hermosa Beach Printed on 4/5/2019Page 4 of 7 powered by Legistar™ Staff Report REPORT 19-0209 goals of the Governance Element, Land Use Element, and Mobility Element. Governance Element Goal 1 - A high degree of transparency and integrity in the decision-making process. ·1.6 Long-term considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. Goal 2 - The community is active and engaged in decision-making process. ·2.7 Major planning efforts.Require major planning efforts,policies,or projects to include a public engagement effort. Goal 8 - A performance-based management and benchmarking program. ·8.1 Community Indicators.Utilize performance metrics,standards,and data collection procedures to evaluate progress towards goals. Land Use Element Goal 7 -Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests. ·7.2 Joint use with schools.Where appropriate,maintain and enhance joint use agreements with Hermosa Beach City School District to maximize community use of school facilities and expand school use of City park facilities and community space to expand opportunities for physical activity. ·7.3 School modernization upgrades.Support Hermosa Beach City School District plans to renovate and modernize school facilities to meet evolving educational needs in a manner that minimizes burdens to adjacent neighborhoods. ·7.4 Flexible use of school facilities.Collaborate with the school district to identify appropriate temporary and flexible uses of school facilities that minimize impacts to surrounding neighborhoods during dips or fluctuations in school enrollment numbers. Mobility Element Goal 2 -A public realm that is safe,comfortable,and convenient for travel via foot,bicycle,public transit,and automobile and creates vibrant,people-oriented public spaces that encourage active living. ·2.1 Prioritize public right-of-ways.Prioritize improvements of public right-of-ways that provide heightened levels of safe,comfortable and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. ·2.2 Encourage traffic calming.Encourage traffic calming policies and techniques to improve the safety and efficient movement of people and vehicles along residential areas and highly trafficked corridors. Goal 3 -Public right-of-ways supporting a multimodal and people-oriented transportation system that City of Hermosa Beach Printed on 4/5/2019Page 5 of 7 powered by Legistar™ Staff Report REPORT 19-0209 provides diversity and flexibility on how users choose to be mobile. ·3.3 Active transportation.Require commercial development or redevelopment projects and residential projects with four or more units to accommodate active transportation by providing on-site amenities,necessary connections to adjacent existing and planned pedestrian and bicycle networks, and incorporate people-oriented design practices. ·3.9 Access for emergency vehicles.Ensure that emergency vehicles have secure and convenient access to the city’s street network. ·3.10 Require ADA standards.Require that all public right-of-ways be designed per Americans with Disabilities Act (ADA)standards by incorporating crosswalks,curb ramps,pedestrian signals, and other components to provide ease of access for disabled persons. ·3.11 Site specific conditions.Evaluate and incorporate any site specific conditions or restrictions on public property or right-of-ways during the design and engineering phases for pedestrian and bicycle facilities. Goal 7 -A transportation system that results in zero transportation-related fatalities and which minimizes injuries. ·7.1 Safe public right-of-ways.Encourage that all public right-of-ways are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. ·7.2 Manage speeds.Monitor vehicle speeds through traffic controls,speed limits,and design features with the intended purpose of minimizing vehicle accidents,creating a pedestrian and bicycle environment, and discouraging cut-through traffic. ·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: There is no fiscal impact associated with this action to review the RFP.Following release of an RFP, and upon receipt of proposals,staff would evaluate the submissions and provide a recommendation to City Council and the School Board.That recommendation would include the fiscal impact associated with the award of a contract based on the costs submitted by proposers and any subsequent negotiations on the scope of work and contract price. Attachments: 1.Executed Memorandum of Understanding between City of Hermosa Beach and Hermosa Beach City School District 2.Tentative Schedule for Completion of MOU Deliverables 3.Draft Scope of Work for the Preparation of a Neighborhood Traffic Management Plan for the North School Project City of Hermosa Beach Printed on 4/5/2019Page 6 of 7 powered by Legistar™ Staff Report REPORT 19-0209 Respectfully Submitted by: Leeanne Singleton, Environmental Analyst 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 4/5/2019Page 7 of 7 powered by Legistar™ MOU Timeline - North School FEIR Date Action Mar/Apr 2019 Develop scope based on North FEIR & MOU Apr 2019 Draft and Approve RFP for Transportation Planning/Traffic Engineer May 2019 Approval of Selected Transportation Planning/Traffic Engineer Contract Jun 2019 Transportation /Traffic Engineer Kick Off Meeting July 2019 Form Stakeholder Group Sept 2019 1st Community Workshop Oct 2019 Proposed district bell schedule Nov 2019 2nd Community Workshop Dec 2019 Public Review Draft NTMP Jan 2020 Board & Council Review/Approval Mar 31 2020 MOU Deliverable Deadline for NTMP, Travel Route Map, Pedestrian Route Map Aug 30 2020 MOU Deliverable Deadline for Transportation Program B=Board C=City Page 1 of 7 City of Hermosa Beach & Hermosa Beach City School District Draft Scope of Work for Neighborhood Traffic Management Plan for North School Program Project Description 2.1 Characteristics and Project Location The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The city limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles. In June 2016 the voters of Hermosa Beach passed Measure S and the Hermosa Beach City School District created the Measure S School Facilities Program which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools. North Elementary School is located at 417 25th Street in the northern part of Hermosa Beach, north of 25th Street, east of Myrtle Avenue, south of 26th Street, and west of Valley Park. Morningside Drive dead-ends at the southeast edge of the site and picks up north of the site at the intersection of 26th Street. The streets directly adjacent to the school are narrow residential streets and the nearest arterial streets are Gould Avenue to the north and Valley Drive to the east. The project involves construction of a two-story classroom and administration building (main building) along 25th Street. These facilities are designed to accommodate a maximum enrollment of 510 students, though 300-400 students is the anticipated enrollment, and will accommodate the District’s third and fourth-grade students. Additionally, a multipurpose building along 26th Street, a parking lot with 41 stalls in the western portion of the site, play areas in the eastern portion of the site, and associated improvements, including an on-street passenger loading area on 25th Street. Vehicular access to the site would be from 25th and 26th streets; pedestrian access would be from four access points: 25th Street with direct access from the p roposed passenger loading area on 25th Street, 26th Street at the eastern perimeter of the parking lot with direct access from the proposed passenger loading area on Myrtle Avenue, 26th Street at the intersection of Morningside Drive, and end of the cul-de-sac on 26th Street in the southeast portion of the campus. To comply with the California Environmental Quality Act (CEQA), the School District prepared an Environmental Impact Report (EIR) for the North School Reconstruction Project and took action to certify the Final EIR and approve the project on January 9, 2019. Following the certification of the EIR, the City and School District entered into a Memorandum of Understanding demonstrating the commitment to work together collaboratively to safely manage transportation, traffic, and student loading and unloading activities, primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP). As articulated in the MOU and as required under Mitigation Measure TRAF-5(d) in the Final EIR, the NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly. The MOU describes a process where the City and School District mutually agree on the scope of work to be contained City of Hermosa Beach Page 2 of 7 within a request for proposals to jointly hire the traffic engineer, transportation planner, and/or third-party expertise needed to manage the preparation of the NTMP. 2.2 Project Goals & Study Boundary The City of Hermosa Beach and the Hermosa Beach City School District are seeking proposals from qualified firms to prepare a Neighborhood Traffic Management Plan for the neighborhood surrounding North Elementary School that achieves the following goals: ● Identifies solutions that will enhance public safety and traffic flow at North School without causing delays in the school’s construction, which may include additional offsite loading and unloading zones on public property. ● Maximizes the efficient use of limited funds of the City and School District and leverages outside funding opportunities. ● Utilizes a collaborative process to incorporate City, School District, and community input on the design and operation of transportation facilities and traffic concerns. ● Complies with the conditions set forth in the MOU and the Mitigation Monitoring and Reporting Program for the North School EIR. ● Can be completed by March 31, 2020, including adoption of plan by both the School Board and City Council. The project study area is limited to the street segments and intersections within the geographic area studied within the project EIR. City of Hermosa Beach Page 3 of 7 Map of Neighborhood Traffic Management Plan Study Area City of Hermosa Beach Page 4 of 7 2.3 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience: • North School Project Environmental Impact Report, certified January 2019 • Hermosa Beach City-School District Memorandum of Understanding, signed February 2019 • PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted August 2017 • PLAN Hermosa Environmental Impact Report, certified August 2017 • South Bay Bicycle Master Plan - Hermosa Beach Chapter, adopted August 2011 • Hermosa Beach 2018/19 Capital Improvement Program, adopted June 2018 • City of Hermosa Beach Engineering and Traffic Speed Survey, adopted August 2016 • Pavement Management Plan, adopted October 2017 2.4 Proposed Scope of Work The development of the Neighborhood Traffic Management Plan should consist of the following components or steps. The proposer’s Approach to the Scope of Work, Deliverables, Budget, and Schedule should incorporate these items as well as any community engagement efforts that are expected to occur. The City is looking for creativity from proposers to provide, manage, and oversee an approach that will result in the efficient and effective development or provision of services. The City is therefore open to proposers identifying a different organization of tasks, or recommending the addition or removal of tasks, so long as the project objectives are met, and the rationale for additions or removal are clearly articulated. 1. Project Management & Administration a. Kick-Off Meeting & Study Area Tour b. Monthly Progress Meetings c. Project Invoicing & Reporting 2. Community Engagement The City and School District have committed to jointly hold at least two (2) community meetings and the formation of a stakeholder group to share information and gather public input on relevant topics including peak traffic surge, speed, safety, sight distance, anticipated and proposed student loading and unloading locations, and parent and resident concerns that might deter walking and biking to school or use of certain routes to/from the Project. Consultant must provide an individual or team with demonstrated expertise and qualifications to facilitate and manage the community engagement process. Consultant must work with the City and District designees to develop a viable City of Hermosa Beach Page 5 of 7 communications plan to engage community stakeholders. a. Stakeholder Group Facilitation b. City-School Compact Meeting(s) c. Community Meeting 1 d. Community Meeting 2 3. Data Collection & Analysis The consultant will collect and evaluate relevant data including, as appropriate: Speed surveys, traffic volume counts, reported accidents, bicycle routes, pedestrian activity, impacts on neighboring streets or other Hermosa Schools, and suitable offsite student loading and unloading locations. To the extent feasible, existing data available from the School District or the City should be utilized for analysis rather than collecting new data. Section 2.3 Relevant Plans, Programs, Policies, or Projects includes a number of documents in which data has been recently collected on traffic volume, speed, traffic collisions, and safe routes to school interest/participation. Consultant shall provide written documentation to support all planning assumptions used including cost data, design standards, projections and other evaluation performed. All documented work product created or used by the consultant shall be provided to the City and District upon request and shall be deemed property of the City and District. 4. Measure Identification & Evaluation a. Measure Identification The NTMP will incorporate projects and programs identified as mitigation measures within the EIR including the effect of a staggered bell schedule and development of Recommended Vehicle Travel Routes Map, Pedestrian School Route Plan, and Transportation Management Program. The NTMP will additionally include capital projects and other physical measures to facilitate and address offsite student loading and unloading, including consideration of nearby City properties around Valley Park such as the Kiwanis/Rotary parking lot and parking along Gould Ave, that would be jointly funded consistent with the Cost Sharing provision of this MOU. Such capital projects may include improvements to Valley Park and other City and/or District real property and other measures may include, but are not limited to: ▪ Painting curbs red; ▪ Installing additional traffic control improvements, off-site loading areas, and crossing guards, if needed. ▪ Installing additional stop or yield signs to restrict turning movements during peak traffic periods. ▪ Restricting more on-street parking during peak traffic periods. ▪ Widening the passenger loading zone on Myrtle. b. Measure Prioritization Once a range of potential measures have been identified, the consultant will perform an evaluation of the measures to refine, prioritize, or eliminate p otential measures based on an established set of criteria to create a suite of recommended projects or programs. Potential criteria for evaluating and prioritizing management measures includes the following: City of Hermosa Beach Page 6 of 7 ▪ Effect on student safety; ▪ Effect on emergency response; ▪ Cost-effectiveness; ▪ Ease of implementation; ▪ Effects on non-project transportation and traffic; ▪ Speed to implement; and ▪ Permanency of solution. 5. Draft Neighborhood Traffic Management Plan a. Preliminary Engineering & Program Design for Recommended Measures The top measures identified and prioritized in Task 4 that involve capital improvements or construction will be incorporated into the NTMP and should be designed with sufficient detail to accurately identify the associated costs (and sharing based on added impacts arising from incremental increases caused by the project as further addressed in section 5(b)) and efficiently submit materials for grant applications. b. Cost Sharing Allocation & Identification of Grant Funding Opportunities The NTMP will include a section identifying the appropriate cost-sharing formulas to assign responsibility for implementation by the City and School District. This section will additionally include recommendations of grant funding opportunities that the identified projects may be good candidates for pursuit of funding. c. Adaptive Management Plan for Monitoring & Re-Evaluation The NTMP will include a schedule for monitoring and periodic review of the measures prescribed in this NTMP, including periodic assessment of performance metrics, thresholds, technology, and data used to identify necessary changes to the Transportation Program, NTMP, Travel Routes, and Pedestrian Routes. Metrics to be used to identify such changes shall include surveys and monitoring to determine how students get to and from the Project, length and duration of queues at student loading and unloading locations, and levels of service (“LOS”) at roadways and intersections surrounding the Project. 6. Board, City Council, and Commission Review & Approvals The initial development of the NTMP, and any subsequent revisions, shall be approved by the City Council, all appropriate City commissions (likely the Public Works Commission), and the School District Board. Consultant shall participate in the approval process. 7. Development of Pedestrian School Route Plan, Recommended Vehicle Travel Routes Map, and Transportation Management Program As part of or upon completion of the Neighborhood Traffic Management Plan, the City and School District may elect to utilize the expertise of the hired consultant to assist in the development of the Pedestrian School Routes Plan, Recommended Vehicle Travel Routes Map, and Transportation Management Program which have been defined as mitigation measures in the Certified EIR for North School. Proposers should include this work as an optional task in their proposed approach, schedule, and budget. City of Hermosa Beach Page 7 of 7 2.5 Work to be Performed or Provided by the City/School District The City and School District will perform the following tasks or functions related to this project. Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work and list any resources, assistance or other items expected to be provided by City or School District beyond those listed in Section 2.5. 1. Process, distribute, and respond to data and information requests from the consultant. 2. Post/distribute public information announcements, website updates, workshop agendas/reports. 3. Prepare and execute Agreements with all entities. 4. Schedule times and facilities reservations for meetings and workshops. 5. Upon contract award, City/School District will provide copies of available records. 6. Act as liaison with the appropriate decision making bodies. From: scott davey [] Sent: Monday, April 08, 2019 12:06 PM To: City Council <citycouncil@hermosabch.org> Cc: Suja Lowenthal <suja@hermosabch.org>; Leeanne Singleton <lsingleton@hermosabch.org> Subject: Draft Scope of Work Comments Mayor Armato and Council, Please find the attached comments on the City’s Draft Scope of Work and Staff Report for the North School Project. Thank you in advance for your consideration. 4/9/19 AGENDA, ITEM 6e - NORTH SCHOOL PROJECT NTMP DRAFT SCOPE OF WORK SUPPLEMENTAL LETTER SUBMITTED BY SCOTT DAVEY TO THE CITY COUNCIL ON 4/8/19 AT 12:06 P.M. April 7, 2019 Mayor Armato and Honorable Councilmembers City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Mayor Armato and Council; In keeping with the intent, spirit and commitment for community input in the development and implementation of the Neighborhood Traffic Management Plan (NTPM), I have the following comments and questions regarding the NTMP’s draft Scope of Work, and the City’s Staff Report on the NTMP. Staff Report General Plan Consistency In reviewing Plan Hermosa policies quoted in the Staff report, there are a number of inconsistencies with the project (as certified) and our General Plan. · Government Element Goal 1 / Policy 1.6 Long-term considerations · Land Use Element Goal 7 / Policy 7.3 School modernization u pgrades · Mobility Element Goal 2 / Policy 2.1 Prioritize public right of ways · Mobility Element Goal 3 / Policy 3.3 Active transportation · Mobility Element Goal 7 / Policy 7.1 Safe public right of ways · Mobility Element Goal 7/ Policy 7.2 Manage speeds The most important inconsistency with Plan Hermosa is Land Use Policy Goal 7 / Policy 7.3. Since the project was approved with all of the loading activities in on - street public parking spaces, it is the example of what the policy purportedly is designed to prevent. The evaluation of onsite loading in combination with additional designated offsite loading areas is missing from the proposed scope of work. In order to provide the safest loading zones possible, onsite loading must be re- evaluated, (See DEIR / Alternative 9B). And now knowing that the number of parking spaces for teachers is not required as portrayed in the EIR, but rather recommended by the State, that analysis should be included. Additionally, the traffic evaluation must study how onsite loading zones do not permanently alter the design of the project and other out of neighborhood drop off/pick up points work in combination to reduce/eliminate the significant unavoidable and adverse impacts of the project as certified in the FEIR. Draft Scope of Work 2.1 Characteristics and Project Location In consideration of the obvious impacts which the number of students, their ages, class sizes and student ability to self transport have on the traffic, parking and safe routes to school, why aren’t these elements included in the Draft Scope of Work? Specifically: 1. Will the NTMP plan take in to consideration the potential for mandated pre-school in the District, and the resultant impacts on traffic, parking and safety on this younger age group? 2. Will the potential uses for North School outside of regular school hours, (summer school, after school activities) be included in the Scope of Work for their impacts on traffic, safety and parking? 2.2 Project Goals and Study Boundary 1. Why does the project study not include the streets of Ozone, Silverstrand and Morningside at 25th Street for analysis, when they are within the noted area? 2. Why are the intersections at 24th Street, 24th Place and 25th Street along Hermosa Avenue not included in the analysis? They are the closest intersections along a major arterial to North School. 3. The Coastal Commission recently sent a “Notice of Incomplete Application” to the District, directly related to the required completion of an NTMP. What is the status of the reply from the District to the Coastal Commission? 2.3 Relevant Plans, Policies, Programs, or Projects Include a review of the “Safe Schools” routes in the RFP, in light of the North School operations. Especially, review the designation and use of Valley and Ardmore Streets and sidewalks as safe for bicycles and pedestrians. 2.4 Proposed Scope of Work Project Management Since a Stakeholder Group is called out in the NTMP, and the NTMP have certain components and steps including “community engagement” and is “looking for creativity from proposers to provide, manage and oversee an approach that will result in the efficient and effective development or provision of services”. 1. What is the make up of the stakeholders group? 2. Wouldn’t it be more transparent, productive and practical to form this group in advance of the Transportation/Traffic Engineer Kick Off Meeting in June of 2019? Thus, being able to provide the Consultants, City and District with community input early in the process, and help rebuild the trust and faith of the Community as the North School project moves forward. 3. A positive example in forming a community stakeholder group early was the recent successful “Fire Services” group. 4. Who is currently invited to the Kick Off Meeting and Study Area Tour? Data Collection and Analysis and Measure Identification and Evaluation 1. Why is traffic queuing not specifically mentioned in Task 3 Data collection? 2. Have the traffic consultant recommend areas where a permanent traffic monitoring system would be placed. This would enable the District and City to proactively evaluate and manage neighborhood traffic and parking patterns, which will vary as student population and grade configurations take place. 3. Install such a system at the recommended sites. Once initial components are in place, monitoring operational costs would be minimal. Recommendations: • Include analysis of an onsite loading zone within the current parking lot design in combination with other offsite loading sites (Kiwanis, Valley Park and Hermosa Avenue). • Verify and quantify the actual grade levels, numbers of students, operation periods (summer? after school?). • Ensure that Silverstrand, Ozone, Morningside at 25th Street, and Hermosa Avenue at 24th St., 24th Pl., and 25th Street are added into traffic and parking analysis. • Ensure a review of the “Safe School Routes” is performed, especially along the Valley and Ardmore arterials. • Form the Stakeholders group with community members from various backgrounds, similar to the “Fire Services” group. • Ensure this group has meaningful input in the process and meets regularly (monthly?). • Define the groups reporting matrix and responsibilities. • Form this group as soon as possible and in time for the June Kick Off Meeting and Study Area Tour. • Add permanent traffic monitoring system to consultant recommended intersections, to allow for mitigation adjustments in the future. • Investigate long-term solutions to the traffic issues for all three school as a whole system approach, rather than independently. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0167 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH AND CONSIDERATION OF REGULATORY OPTIONS TO PERMIT AND REGULATE THE OPERATION OF DOCKLESS SCOOTER AND BIKESHARE OPERATIONS IN THE CITY (Environmental Analyst Leeanne Singleton) Recommended Action: Staff recommends that the City Council: 1.Receive an update on the City’s implementation efforts related to the temporary ban of shared mobility devices; 2.Provide input on the South Bay Shared Mobility Guidelines; 3.Consider participation in a South Bay Shared Mobility Pilot Program; and 4.Direct Staff to prepare municipal code changes, establish appropriate fees, and other regulatory measures related to the operation of shared mobility devices based on the direction provided for Recommendations 2 and 3. Executive Summary: In August 2018,City Council enacted a temporary ban on shared mobility devices;amended regulations for motorized equipment on the Strand and Pier Plaza;adopted an administrative fee related to the release of impounded bicycles,scooters,and other personal mobility devices;and provided input on the preliminary South Bay Shared Mobility Goals with the intent to implement a shared mobility pilot program in coordination with other neighboring South Bay cities. Since August 2018,staff has worked across departments toward education and enforcement of the temporary ban on shared mobility devices and other electric bicycle/scooter regulations while simultaneously working with neighboring cities on drafting shared mobility guidelines for a proposed South Bay Pilot Shared Mobility Program.Staff efforts toward enforcement,education,and the development of shared mobility guidelines are provided within this staff report. The Draft Guidelines were developed based on guidelines from other operational shared mobility City of Hermosa Beach Printed on 4/5/2019Page 1 of 13 powered by Legistar™ Staff Report REPORT 19-0167 The Draft Guidelines were developed based on guidelines from other operational shared mobility programs including the City of Santa Monica,City of Long Beach,City of Los Angeles,City of Portland,and Culver City.The Draft Guidelines identify 15 primary areas of regulation,including those areas of concern identified through previous Council discussions,input from the City’s Risk Manager/City Attorney,as well as community input and dialogue.City staff,neighboring cities,and the South Bay COG have additionally developed a process to implement a region-wide shared mobility pilot program and this proposed process is detailed within the staff report along with next steps required for implementation of a pilot program or continuation of a ban on shared mobility devices. Background: A recent surge of shared mobility systems and devices with "dockless"technology,including motorized scooters (e.g.,Bird,Lime,Spin,Lyft)and dockless bicycles (e.g.Lime,JUMP,Mobike, Spin,Wheels),has emerged in cities throughout the United States.Currently,there are operational programs in a number of cities in Los Angeles County including:Culver City,Long Beach,Los Angeles, Monrovia, and Santa Monica. Establishing a bikeshare program in Hermosa and the South Bay has been a topic of discussion in various Hermosa Beach commission and City Council meetings for several years as an opportunity to expand transportation choices for residents and visitors to Hermosa Beach.The 2016 Strategic Plan identified Bike Sharing as an item “on the horizon”for 2017-2021 and PLAN Hermosa,the City’s integrated General Plan,and Coastal Land Use Plan,include policies and implementation actions associated with expanding transportation options and facilitating rentals in the Coastal Zone. These shared mobility devices (SMDs)offer additional transportation choices and are ideal for short distance trips by providing users the ability to pick up equipment at a variety of designated locations and return it to any other location within the system's service area.These services allow users to only pay for the equipment while they are actually riding the bike or scooter.The technology associated with bikeshare equipment has evolved rapidly in the last year,with several companies now offering dockless equipment in which the bike or scooter self-locks,can be left virtually anywhere in the public right of way, and has the potential to create a nuisance condition if not properly regulated. Although these devices provide additional mobility and transit options,the disruptive nature of this new technology does not fall under conventional regulations related to bicycles or vehicles and has resulted in many communities experiencing negative impacts from the use and misuse of such devices.These issues include:parking in the public right-of-way and obstructing vehicle and pedestrian access;reduced sidewalk area or parking spaces (docked systems);urban clutter (dockless systems);aggressive competition and oversupply;use of public property for commercial purposes;potential public liabilities;unsafe operation of equipment by riders;scooter-pedestrian conflicts; scooter-vehicle conflicts; and increased demand on enforcement resources. City of Hermosa Beach Printed on 4/5/2019Page 2 of 13 powered by Legistar™ Staff Report REPORT 19-0167 In addition to concerns over shared mobility equipment,these same technology innovations have resulted in a dramatic increase in the number of privately-owned electric and motorized bicycles, skateboards,scooters,hoverboards,and other wheeled devices.While these privately-owned devices eliminate some of the parking and blocked access concerns of shared devices,they exhibit many of the same rider-pedestrian safety concerns such as riding without a helmet,speeding on the Strand,riding on sidewalks,that have raised the need to further clarify regulations,particularly on the Strand and Pier Plaza,and provide additional education and awareness around safe rider practices for all users regardless of shared or privately-owned equipment. In November 2017,staff presented an update to Council on options for a South Bay bikeshare program,and some discussion of the newly emerging scooters.The November 2017 staff report (Attachment 1)provided a detailed summary of bikeshare technology,local businesses renting bicycles,bikeshare operations in other cities in Los Angeles County,and the goals and objectives of implementing a similar program in the South Bay/Beach Cities.At that time,staff recommendation was to introduce an ordinance that established a permit requirement for bikeshare and establish administrative penalties for parking or operating bikeshare equipment that was not part of a City-permitted program.Council direction at that meeting was to have staff return at a future meeting with an ordinance that would prohibit bikeshare,conduct additional community engagement, and to form and expand the multi-jurisdictional group to discuss bikeshare/scooter approach so that a program may be implemented. In August 2018,Council received an update (Attachment 2)on shared mobility operations within the City and staff recommended that the City Council: ·Adopt a temporary ban on shared mobility devices; ·Amend regulations clarifying current regulations for motorized equipment on the Strand and Pier Plaza; ·Adopt an administrative fee related to the release of impounded bicycles,scooters,and other personal mobility devices; and ·Provide input on the preliminary South Bay Shared Mobility Goals with the intent to implement a shared mobility pilot program in coordination with other neighboring South Bay cities. Council action in August 2018 reflected the staff recommendation and the ordinance temporarily prohibiting shared mobility devices in Hermosa Beach for one year went into effect on October 17, 2018, 30 days following second reading of the ordinance. Discussion: Since the August 2018 update to City Council,staff has continued to work across departments toward education and enforcement of the temporary ban on shared mobility devices and other electric bicycle and scooter regulations while simultaneously working with neighboring cities on drafting shared mobility guidelines for a proposed South Bay Pilot Shared Mobility Program.These City of Hermosa Beach Printed on 4/5/2019Page 3 of 13 powered by Legistar™ Staff Report REPORT 19-0167 drafting shared mobility guidelines for a proposed South Bay Pilot Shared Mobility Program.These efforts are described in greater detail below. Update on Temporary Shared Mobility Ban & Strand/Pier Plaza Regulation Efforts Following adoption of the temporary shared mobility ban and clarification of electric/motorized equipment regulations along the Strand and Pier Plaza in August 2018,staff from the Police Department,Community Development,and the City Manager’s Office have coordinated to expand education and enforcement efforts on this topic to both users of shared mobility devices and those on privately owned equipment (both electric and human-powered).These efforts are summarized below and provided in more detail in Attachment 3. 1.Targeted Education and Enforcement ·Quick Reference Guide for Officers and Code Enforcement-staff prepared a quick reference guide to assist the City team in identifying common violations of the California Vehicle Code or Hermosa Beach Municipal Code in support of staff efforts to conduct targeted education and enforcement, particularly along the Strand and Pier Plaza. ·Direct Contact with Riders and Shared Mobility Operators-Code Enforcement,Police Officers,and Community Service Officers continue to regularly patrol the Strand,Pier, and Pier Plaza to advise riders of the regulations regarding speed limits,the walk zone, and use of electric equipment. ·Social Media Educational Campaigns-the City has engaged the community via social media channels with reminders of Strand Regulations regarding speed limits,the walk zone, and use of electric equipment. ·Signage-in the coming month,staff will place new signage along the Strand and near the Pier and Pier Plaza reminding riders of the rules prohibiting use of electric or motorized equipment along the Strand. ·Reporting of Parked Scooters through the GO Hermosa App-a module has been added to the City’s Go Hermosa App that allows the community and staff to report bikes, scooters,and other equipment that is parked in problematic locations.Users can provide a photo,location,brand of equipment and select one of the issues related to parked equipment,such as “blocking sidewalk”,“in roadway”,“appears dismantled or broken”.While the community has the ability to report these directly to different companies,and still do,this app may be more convenient for constituents that have not downloaded the apps for each shared mobility company ,and would provide the City with an electronic record that can be tracked through the app’s reporting functions. 2.Contact/Coordination with Shared Mobility Companies ·Following implementation of the temporary ban on shared mobility devices,staff has worked to establish and maintain contact with the shared mobility operators,particularly those that have active programs in nearby Los Angeles,Long Beach,and Santa City of Hermosa Beach Printed on 4/5/2019Page 4 of 13 powered by Legistar™ Staff Report REPORT 19-0167 those that have active programs in nearby Los Angeles,Long Beach,and Santa Monica as their devices sometimes end up in Hermosa Beach. ·Shared mobility operators have additionally been notified of Hermosa Beach procedures for shared mobility devices that have been reported or observed by staff in Hermosa Beach.These procedures include a requirement to retrieve equipment within two hours upon receiving notice through their app,phone number,or via email (between 6 am and 10 pm)or the equipment may be moved by City personnel,the company may be cited for violation of the municipal code,and the equipment impounded. ·Equipment not collected in a timely manner by shared mobility operators has been impounded and subject to a $130 impound fee upon release to an authorized representative of the company. 3.Community Interest Survey on Bikeshare and Scooters ·Staff continues to make the online survey available to the community as a means to provide their input,ideas,and concerns regarding the use and/or regulation of bikeshare,scooter share,and other motorized equipment.The survey results provided in August 2018 included input from approximately 332 individuals.Since August 2018, the survey has collected an additional 35 responses and the South Bay Cities Council of Governments additionally released a survey with similar questions,generating 49 responses from those that live or work in Hermosa Beach.The sentiment among the additional responses since August 2018 is similar to the results provided previously in that interest in a bikeshare or scooter share program is split,there are a number of both benefits and concerns related to bike share and scooter share,and preference that equipment is parked at a bike rack or bike corral or a designated space on the street. Draft South Bay Shared Mobility Guidelines Pursuant to the Council’s direction and the public survey input,City staff and South Bay COG staff have produced a draft set of Shared Mobility Guidelines for review and input by Council and the public.While the draft guidelines seek to maximize consistency across South Bay cities to use in a shared mobility program,each city has the ability to provide input that can either be considered across all cities or customized as city-specific regulations based on unique conditions or concerns. Staff shared a draft of the guidelines in February with several shared mobility companies and local bicycle rental operators to ensure the guidelines accurately reflect the latest trends and best practices in the field.While minor updates were made based on this input and reflected in the guidelines provided to Council and the community,both local bicycle rental and shared mobility operators are likely to provide additional comments as part of Council’s review based on their preferences and priorities to support their business model and/or practices.Council should consider the collective input from these operators and the community when providing feedback or City of Hermosa Beach Printed on 4/5/2019Page 5 of 13 powered by Legistar™ Staff Report REPORT 19-0167 the collective input from these operators and the community when providing feedback or recommending changes to the Draft Guidelines. The Draft Guidelines were developed based on guidelines from other operational shared mobility programs including the City of Santa Monica,City of Long Beach,City of Los Angeles,City of Portland,and Culver City.The Draft Guidelines identify 15 primary areas of regulation,including those areas of concern identified through previous Council discussions,input from the City’s Risk Manager and City Attorney,and community input and dialogue.The complete guidelines are provided as Attachment 4 and a brief summary of the topics covered in each section are provided below. 1.Purpose. The purpose of the guidelines is to test shared bike and shared scooter (shared mobility) services that,as indicated in the responses to the public survey,would offer flexible alternative transportation options to residents, businesses, and visitors to the City. 2.Authority The California Vehicle Code regulates all vehicles including bicycles and motorized bicycles or scooters.However,the City has clear authority to regulate its own right-of-way and businesses that offer these types of vehicles for rent in the City’s public right-of-way. 3.Definitions The definitions section defines all bicycles,electric assist bicycles,and electric scooters as “Shared Mobility Devices”or “SMDs.”The section also includes related definitions of terms that would be used in a Shared Mobility Device pilot program.The section aims to ensure that staff and the public in all of the South Bay cities use common terminology. 4.Deployment The deployment section establishes the process and rules regarding when,where and how shared mobility companies would deploy their SMDs in a City during a pilot program.The deployment section aims to ensure that SMDs are deployed in a manner that does not block sidewalks or traffic,that they are not over-concentrated in certain areas,do not create a sense of visual litter,and that they are deployed in areas that the City considers high priority areas. Participating companies would have to submit a deployment plan to the City for review and approval prior to receiving a permit.The deployment plan would contain maps of the permitted service area,any restricted or prohibited areas,and the specific locations where SMDs would be deployed on a daily basis. Staff would propose to make the Strand,Pier and Pier Plaza,at a minimum,as restricted or prohibited areas for Hermosa Beach. City of Hermosa Beach Printed on 4/5/2019Page 6 of 13 powered by Legistar™ Staff Report REPORT 19-0167 5.Parking The parking section regulates where and how SMDs are physically parked in the City.It gives individual cities the option of designating specific sidewalk parking areas,rather than permitting parking anywhere along a block.Each City participating in a pilot program would determine the extent to which sidewalk parking is permitted and other parking options are encouraged or required.Participating companies would have to submit a parking plan to the City for review and approval prior to receiving a permit.The parking plan would contain maps identifying permitted parking areas that reflect the City’s priorities with regard to parking. Staff would focus on directing shared mobility devices to the City’s extensive network of bicycle corrals and bike racks rather than on sidewalks in Hermosa Beach. 6.Fleet Size and Mix A shared mobility pilot program could include a variety of SMD types.This section of the guidelines establishes a general process for setting the minimum and maximum number of SMDs and the type that could participate in a pilot program.Each City participating in a pilot program would decide the appropriate fleet size and mix based on its unique circumstances and priorities.Ultimately,companies that apply to operate in a City would have to propose and justify an appropriate fleet size and mix, which would be subject to City review and approval. Based on the size,space available and potential demand for shared mobility devices in Hermosa Beach,staff expects a fleet would range between 50 to 100 devices per operator and an overall fleet (among all permitted operators)of no more than 300 devices. 7.Education The education section indicates that each company is responsible for educating the general public and users of their SMDs on riding safety and roadway regulations.Companies that apply to operate in a City would have to submit an appropriate education plan for City review and approval prior to receiving a permit. Hermosa Beach would additionally consider requesting permitted companies to provide staff or ambassadors to support user education and good rider behaviors at the start of the program to assist with an orderly launch of operations that does not require City staff enforcement resources. 8.Enforcement The enforcement section outlines the range of enforcement measures the City can take to ensure companies and the users of their SMDs comply with the applicable State Laws,local laws,and permit requirements.The enforcement measures to companies and users range from written warnings to citations to suspension or revocation of permits.Enforcement andCity of Hermosa Beach Printed on 4/5/2019Page 7 of 13 powered by Legistar™ Staff Report REPORT 19-0167 from written warnings to citations to suspension or revocation of permits.Enforcement and permits would be reviewed on an ongoing basis-not just at the end of the pilot program period- and cities would have the option to suspend,revoke or change permit requirements and conditions at any time. 9.Safety The safety section establishes safety requirements including a maximum speed for SMDs of 15 mph,a minimum rider age of 18.It requires companies to hold helmet give-away events as part of their education plan and requires minimum safety warning language on all SMDs. 10.Operations and Maintenance This section contains minimum equipment specifications for the SMDs,maintenance and recharging requirements,and communication requirements.The equipment specifications define requirements for,electric motors,brakes,head lights,GPS devices,etc.The maintenance requirements include regularly scheduled maintenance,a checklist of items to review during routine maintenance,and maintenance logs.The communication requirements include maintaining a 24-hour customer service line,providing contact information to City staff of the company’s project manager,and providing mechanisms,such as a website and a mobile phone application,that allow users and the public to ask questions and/or report issues to the company. 11.Data The data section includes the minimum data sharing requirements and responsibilities for participating companies.These include a specific data format which is generally acceptable and used by over 60 public agencies in the country,a specific software program to allow cities to view and organize the data,monthly reporting,and sharing of data with the public on the company’s website.In addition,the section requires companies to share region-wide data to city partners,such as LA County and the South Bay COG.The data to be shared includes the number of trips,beginning and end points of each trip,length of each trip,heat maps showing areas of high and low use, complaints, crashes, and damaged or lost SMDs. 12.Experience and Qualifications This section requires companies applying for a City permit to submit a description of their experience,qualifications,and references to the City for review and approval.The City would also request companies to provide a summary of data on how these reference jurisdictions have similar qualities to the South Bay. 13.Insurance and Indemnification This section sets the minimum insurance and indemnification requirements for shared mobility companies.This section also requires companies to submit their “End-User”agreements to City of Hermosa Beach Printed on 4/5/2019Page 8 of 13 powered by Legistar™ Staff Report REPORT 19-0167 the City for review to ensure it contains liability waiver language covering the City. Companies applying for a permit from Hermosa Beach would be required to submit minimum liability insurance of $2 million per occurrence with not less than $4 million in annual aggregate coverage and indemnify the City,its staff and officials from any claims or suits related to a pilot program. 14.Permit Application Requirements This section lists all the material,information and fees that a shared mobility company would submit for review and approval before a City issues a permit to operate. 15.Fees While each City is able to set its fees based on its unique needs or circumstances,this section establishes the types of fees that could be assessed from participating companies and recommended ranges for the fees.The intent is to provide consistency in fees for companies operating in multiple neighboring jurisdictions. Staff has conceptually developed a structure of fees that would be required of operators, some of which are already in place in Hermosa Beach: a)An application fee, due at the time of application submittal-proposed based on the cost to review application materials and to recover the cost of the $3,000 COG proposed fee; b)A permit fee, due before the City issues a permit-proposed based on the cost to administer and enforce permit requirements; c)A fee per SMD, payable monthly or less frequently for the duration of the pilot program-proposed as $1 per device per day; d)A performance bond/deposit, due before the City issues a permit-proposed as a bond per device to account for collection or removal of equipment if the company were unable to remove due to damage or other condition; e)Impound fee-adopted as $130 per device; and f)Fines/penalties for violations of applicable rules and regulations-adopted as subject to Administrative Citation Fee of $100 for the first offense, $200 for the second offense and$500 for the third and any subsequent offenses. The intent of these guidelines is to provide a consistent regulatory framework for shared mobility companies across the South Bay region.A common set of rules would benefit the riders,the companies,and the participating cities.They would ensure that users riding SMDs from one city to another observe the same rules of the road or parking requirements from city to city.Common rules would ensure companies operating in two adjacent jurisdictions can submit similar application materials,insurance,data and fees to operate in both jurisdictions.Ultimately,this consistentCity of Hermosa Beach Printed on 4/5/2019Page 9 of 13 powered by Legistar™ Staff Report REPORT 19-0167 materials,insurance,data and fees to operate in both jurisdictions.Ultimately,this consistent regulatory framework is necessary for a pilot program and shared mobility services to succeed across the South Bay region. Staff from the cities of El Segundo,Manhattan Beach,Hermosa Beach,Redondo Beach,and Torrance have been the primary participants in developing the shared mobility guidelines and the proposal for a regional pilot.Hermosa,Manhattan,Redondo,and Torrance have temporary bans on shared mobility devices while rules/regulations for a pilot program are being developed.El Segundo City Council considered the Draft Guidelines on March 19 and recommended participation with neighboring cities.Staff in Manhattan and Redondo are planning presentations to their respective Councils in April to receive direction on a common pilot program.Other cities in the South Bay area are occasional participants in this effort and have adopted a “wait and see” approach. South Bay Shared Mobility Pilot Program Proposed Process City staff,neighboring cities,and the South Bay COG have developed a proposal for a region-wide shared mobility pilot program. The process would include the following components: 1.Request for Qualifications (RFQ) The first step in the process would be the release of a RFQ for companies interested in participating in a region-wide shared mobility pilot program.Interested companies would submit their qualifications based on the South Bay shared mobility guidelines and additional information contained in the RFQ.South Bay COG staff has proposed preparing and releasing the RFQ on behalf of, and using input from, each participating city. 2.Evaluation and Ranking of Top Companies A committee of South Bay COG staff and representatives from each participating city would review the qualifications of responding companies and rank the top companies that would then be invited to apply for permits from each participating city. 3.Invitation for Applications to Individual Cities Participating cities would invite the top two or three responsive companies to submit applications for pilot program permits in each city.Company applications would have to comply with the shared mobility guidelines and any other city-specific requirements. 4.Permit Issuance/Launch of Pilot Program Permits under the program would be for a 12-month period,but reviewed on an ongoing basis and revocable at any time at the City’s discretion.In addition to the broader shared mobility guidelines,the permits would contain city-specific conditions,such as the permitted service area,restricted and prohibited areas,identification of specific parking areas,the minimum and maximum fleet sizes,etc.The participating cities would coordinate the timing of the pilot City of Hermosa Beach Printed on 4/5/2019Page 10 of 13 powered by Legistar™ Staff Report REPORT 19-0167 program launch, so service could begin at the same time in all participating cities. 5.Post Launch After a pilot program is launched,South Bay COG staff and staff from participating cities would evaluate the pilot program on a monthly basis.Staff would provide quarterly reports to the City Council or upon request.The South Bay COG would collect and share region-wide data on the pilot program.The general public and users of shared mobility services would be surveyed to gauge public attitudes and get input on ways to improve the program.The guidelines and permit rules would change along the way to address issues that come up.Operators who do not abide by the rules may have permits suspended or revoked. For the past six months,the South Bay COG has been coordinating with the South Bay cities and assisting in the development of the shared mobility guidelines.The South Bay COG has additionally offered to retain a role going forward by (a)preparing and releasing the RFQ for the pilot program;(b) participating in the review and ranking of RFQ responses/proposals;(c)coordinating the launch of the pilot program;(d)participating in post launch pilot program reviews;and (e)collecting,reviewing, and sharing region-wide data submitted by participating companies.The South Bay COG anticipates that its role in preparing and releasing an RFQ and its post-launch role would cost staff time and resources for which they are seeking support from participating cities.The cost is anticipated to be approximately $3,000 for each participating city.Staff requests the City Council’s direction on whether to contribute $3,000 to the South Bay COG for this purpose.It is anticipated that permit application or other fees would be assessed on companies to reimburse the City for this cost. Next Steps Staff has identified two key questions for Council consideration: 1.Is there interest in participating in a South Bay Shared Mobility Pilot Program? 2.What, if any, additional regulations, detail, or information should be incorporated into the South Bay Shared Mobility Guidelines? Based on Council direction on these two items,staff would look toward preparing municipal code changes and other regulatory measures related to the operation of shared mobility devices.Changes to regulations would be necessary whether a pilot program is initiated or not as the ordinance enacted in October 2018 included a one-year sunset provision providing the City time to work on shared mobility guidelines with neighboring cities. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The Vision Statement and Guiding Principles adopted as part of PLAN Hermosa describe a future where “Hermosa Beach is the small town others aspire to be;a place where our beach culture,strong sense of community,and commitment to sustainability intersect”and a desire to be a catalyst for innovation with “forward-thinking approaches to anticipating future lifestyles,transportation trends andCity of Hermosa Beach Printed on 4/5/2019Page 11 of 13 powered by Legistar™ Staff Report REPORT 19-0167 with “forward-thinking approaches to anticipating future lifestyles,transportation trends and environmental realities are necessary for creating a durable sustainability plan.” As part of PLAN Hermosa,the City set goals and adopted policies aimed at offering greater transportation choices to the community and reducing traffic congestion/demand for parking.PLAN Hermosa also speaks to the need for collaboration with neighboring jurisdictions when it comes to transportation and projects of mutual interest and concern. While shared mobility programs are inherently consistent with the goals and policies to expand mobility choices,there are also policies in PLAN Hermosa that speak to the need to create safe, comfortable,accessible and attractive public spaces for non-motorized travelers,and the need to facilitate safe and confident use of alternative modes of transportation by promoting safety and education programs for active transportation users.Given the operation of shared mobility equipment such as dockless bikes and scooters in other cities adequate mechanisms and regulations are necessary to prevent nuisance conditions in the public right-of-way that maintain accessible walkways and ensure safe operation of equipment by users. Based on the PLAN Hermosa policies listed below,staff believes that it is important in the long-term to implement additional shared mobility options in coordination with neighboring jurisdictions,once safety and accessibility concerns are adequately addressed through a combination of technology, regulation, and proactive education efforts. Governance Element: ·4.2 Leadership in sustainability.Establish the City as a regional leader in sustainable development and encourage compact,walkable development patterns that conserve land resources,supports active transportation, reduces vehicle trips, improves air quality, and conserves energy and water. ·4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. ·4.4 Regional transportation and infrastructure decisions.Actively support regional transportation and infrastructure projects and investment decisions that benefit the City and the region. Mobility Element: ·2.1 Prioritize public rights-of-ways.Prioritize improvements of public rights-of-way that provide heightened levels of safe,comfortable and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. ·3.1 Enhance public rights-of-way.Where right-of-way clearance allows,enhance public right-of-ways to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops. ·3.4 Access opportunities.Provide enhanced mobility and access opportunities for local transportation and transit services in areas of the City with sufficient density and intensity of uses,mix of appropriate uses,and supportive bicycle and pedestrian network connections that can reduce vehicle trips within the City’s busiest corridors. ·3.6 Complete bicycle network.Provide a complete bicycle network along all designated roadways while City of Hermosa Beach Printed on 4/5/2019Page 12 of 13 powered by Legistar™ Staff Report REPORT 19-0167 ·3.6 Complete bicycle network.Provide a complete bicycle network along all designated roadways while creating connections to other modes of travel including walking and transit. ·3.7 Transportation project considerations.Ensure transportation planning projects provide consideration to access,health and safety,and individual responsibility that enhances the quality of life of residents in the community. ·4.9 Encourage TDM strategies.Encourage use of transportation demand management strategies and programs such as carpooling,ride hailing,and alternative transportation modes as a way to reduce demand for additional parking supply. ·6.3 Transportation sharing programs.Facilitate greater local and regional mobility through programs for shared equipment or transportation options such as car sharing and bike sharing. ·7.8 Active transportation education and safety.Promote the participation in pedestrian,bicycle,and skateboard safety and education programs to facilitate safe and confident use of alternative modes of transportation. Fiscal Impact: Council direction to participate in the Request for Application process with the South Bay Cities Council of Governments as the lead would involve a participation fee of $3,000 by the City.This cost to the City could be recovered and incorporated into the application/permit fees charged to the operators of shared mobility programs. If Council provides direction to pursue a shared mobility pilot program with neighboring cities,staff would return with proposed amendments to the Master Fee Schedule to add fees related to the application,permit,and operation of shared mobility devices within Hermosa Beach,based on staff time required to manage the program which is not currently recovered with a temporary ban in place. Attachments: 1.November 2017 Staff Report 2.August 2018 Staff Report 3.Hermosa Beach Education and Enforcement Efforts on Shared Mobility Devices and Electric/Motorized Equipment 4.South Bay Shared Mobility Guidelines Draft Respectfully Submitted by: Leeanne Singleton, AICP, Environmental Analyst Concur: Ken Robertson, Community Development Director Concur: Milton McKinnon, Acting Chief of Police Concur: Vanessa Godinez, Human Resources Manager 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 4/5/2019Page 13 of 13 powered by Legistar™ City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 1 Quick Reference Guide for Police Department and Code Enforcement Personnel City Manager’s policy on SOPMD’s If an attended or unattended SOPMD is found by an HBPD officer anywhere in Hermosa Beach, move to the nearest bike rack or location that will not present a trip hazard and ask dispatch to contact CSOs or Code Enforcement. CSOs or Code Enforcement will be dispatched to attach a notice to the SOPMD, and notify the business that manages it to have it removed; either through their app, phone number, or email. From 6am to 10pm, if the SOPMD isn’t removed within 2 hours after receiving a notice (or by 8am if notice was issued overnight), the SOPMD will be impounded, and the company will be administratively cited for 10.44.030 HBMC. Points of contact for Bird, Lime and Jump: Bird - #866-205-2442 / email: mroth@bird.co & tharter@bird.co Lime - #888-546-3345 / email: sam@limebike.com Jump – #415-910-3281 / email: jumpbikes-la-group@uber.com 10.44.020(A) HBMC - Definitions: "Shared on-demand personal mobility devices" (SOPMD) have wheels, handlebars, either a power source or human propulsion, permission for use granted via the internet, and is shared with other users. (AC) 10.44.030 HBMC - It is illegal to use, leave for use, or manage a SOPMD at any public place in the city where the public is allowed to travel. Law expires 10-17-19. ADMINISTRATIVE CITATION: 1st $100, 2nd $200, 3+ $500. 10.44.030(A) HBMC - Any SOPMD found in violation of the HBMC may be impounded, and is subject to an impound fee (following notification to operator as described above). The fee is $130, and Watch Commanders have authority to waive the fee. Law expires 10-17-19. OPERATING WHEELED DEVICES IN THE CITY (I) 10.12.170(A) HBMC - Operate a wheeled device on a sidewalk in a commercial zone.  C-1: In-front of Dawn to Dusk, Mickey’s Deli, The Green Store, & Manhattan Mart.  C-2: On Pier Av, from the pier to Valley Dr / On Hermosa Av, from 8th Ct to 14th St /The Unit Blocks of 11th St, Pier Plaza, & 14th St.  C-3: On Aviation, from Harper to PCH / On PCH, from 8th St to 11th Pl / The west side of PCH, from Gould to Longfellow / The south side of Artesia, from PCH to Prospect. (I) 10.12.170(D)(1) HBMC - Must ride wheeled device in the same direction as vehicles are required, and must be as close as practicable to the right curb or edge of roadway. (I) 10.12.170(D)(2) HBMC - Wheeled device rider must obey all traffic signs and signals. (I) 10.12.170(D)(3) HBMC - Can’t weave wheeled device in and out of traffic, or operate in a way that’s hazardous, impedes, or interferes with the normal flow of traffic. STRAND AND PIER PLAZA (I) 12.20.220 HBMC - Motorized and electric wheeled devices are prohibited from The Strand and Pier Plaza when the motor is in use. (I) 12.20.230(E) HBMC - Operate a wheeled vehicle on The Strand over 8 MPH, at any unsafe speed under existing conditions, or in a reckless or unsafe way. (I) 12.20.230(F) HBMC – Ride wheeled vehicle through The Strand walk zone between 11th – 14th when posted signs or devices show it is for walking only. (I) 12.20.230(G) HBMC – Parking a wheeled device on The Strand in a way that obstructs pedestrian or vehicle traffic. City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 2 THE PIER (I) 12.24.070 HBMC – It is unlawful to ride any wheeled device on the pier. PARKS (I) 12.28.010(I) – Ride any wheeled device in a park, other than on a roadway provided for it (i.e. on the grass, on the greenbelt, ect...) (I) 12.28.090 – Motorized wheeled devices are prohibited from the skate park. CA VEHICLE CODE - MOTORIZED SCOOTER 407.5(a) VC - A “motorized scooter” is any two-wheeled device that has handlebars, a floorboard designed to be stood on when riding, and is powered by a motor. (M) 21221.5 VC – DUI: It is unlawful to operate a motorized scooter while under the influence of alcohol or any drug. The suspect may request a blood or breath test, but it is not required. (I) 21223(a) VC - Every motorized scooter operated during darkness shall have: (1) A lamp emitting a white light visible from 300 feet away, either attached to the scooter or the driver’s body. (2) A red reflector visible from 500 feet to the rear, either attached to the scooter or the driver’s body. (3) A white or yellow reflector on each side visible from 200 feet away. (I) 21229(a) VC - If there’s a marked bike lane on the roadway, a motorized scooter shall ride within that bike lane; unless they are passing someone in the bike lane, making a right or left turn, or avoiding a hazard. (I) 21235 VC - The operator of a motorized scooter shall not do any of the following: (a) Drive a motorized scooter unless it is equipped with a brake that can make a braked wheel skid on dry, level, clean pavement. (b) Drive on a highway with a speed limit over 25 MPH, unless driven inside of a marked bicycle lane (Class II) or protected bicycle lane (Class IV). The 15 mile per hour maximum speed limit for the operation of a motorized scooter specified in Section 22411 applies to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway. (c) Drive without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212, if the operator is under 18 years of age. (d) Drive without a valid driver’s license or instruction permit. (e) Drive with any passengers in addition to the driver. (f) Drive while carrying anything that prevents the driver from keeping at least one hand on the handlebars. (g) Drive on a sidewalk, unless entering or leaving adjacent property. (h) Drive with handlebars taller than the driver’s shoulders. (i) Leave a scooter lying on its side on any sidewalk, or park on a sidewalk in any way that blocks pedestrian traffic. (j) Attach the scooter or driver to any other vehicle on the roadway. City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 3 Code Enforcement Statistics on Shared Mobility Devices Code Enforcement has continued to notify all agencies immediately when abandoned devices are observed. We are in good communication with all agencies lead representatives and all are complying with the no drop off guidelines within our city. We continue to educate the public off the Strand and off Pier Plaza. Recently February 2019, three Bird Scooters and one Jump Scooter were impounded with accrued fees. We noticed an increase in shared mobility devices when companies start a new launch line like Jump Uber & Bird Company. Overall the impact of devices migrating from our neighboring cities are substantially low. The enforcement data is listed below. There will be continued proactive enforcement in major areas such as the Plaza, Strand, and Hermosa Avenue, including relocating all devices from residential areas. 3 6 2 2 3 6 5 846 49 12 3 10 4 0 20 40 60 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 City Impact on Electric Devices Complaints Advised off Plaza & The Strand Impounded (by CSO's & CEO's) 3 0 13 12 5 9 4 22 9 8 0 0 1 1 2 5 6 12 9 10000022 6 17 14 0 5 10 15 20 25 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Abandoned Shared Mobility Devices Bird Scooters Lime Bikes & Scooters Jump Bikes & Scooters Impact on Shared Mobility Devices 2018 - 2019 Complaints 35 Advised off the Strand & Plaza 74 Impounded (by CSO’s & CEO’s) 14 Abandoned, tagged, company notified Bird Scooters 85 Lime Bikes & Scooters 37 Jump Bikes & Scooters 41 City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 4 Social Media Educational Campaigns City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 5 Signage along the Strand Signage Design: Concurrence from all meeting participants that the A-frame sign used by the City of Santa Monica is eye-catching, simple, and effective. It is recommended that Hermosa Beach model its e-device prohibition signage on Santa Monica’s sign. Signage Types: There will be two types of signage: 1. Large profile A-frame signs (similar to those used by Santa Monica) made of corrugated plastic. These signs will measure approximately 24” x 36” and be mounted on A-frames. 2. Smaller yard style signs (similar to those used by Highland Park, Texas) made of corrugated plastic. These signs will measure approximately 12” x 18” and be mounted on wire yard sign stands. Signage Placement: Signs will be placed throughout the Strand and vicinity at these locations (south to north): · A-frame: Herondo Street Strand entrance; · Yard Sign: 2nd Street at Strand; · A-frame: 10th Street on the Strand; · A-frame: Pier Plaza on the Strand; · Yard Sign: 13th Street at the Strand; · A-frame: 14th Street on the Strand; · Yard Sign: 15th Street on the Strand; · Yard Sign: 22nd Street at Strand; · Yard Sign: 27th Street at Strand; · Yard Sign: North end of Strand entrance (due space restrictions). This placement plan will ensure that signage is present at both ends of the Strand and at the entrances to the Strand from designated bicycle boulevards. City of Hermosa Beach Shared Mobility and Electric Devices Education and Enforcement Efforts 6 Other Initiatives: Reporting of Parked Scooters through the Go Hermosa App DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 1 1. PURPOSE This Program regulates Shared Mobility Devices, defined below, in the City of __________. The operation of a Shared Mobility Device (SMD) is a privilege, not a right. For a company to offer SMDs for commercial purposes in ____________, the company owning or offering them must obtain a Program permit. Companies must certify to the City of ____________ that all SMDs have met all applicable certifications and operating requirements. A failure to comply with the applicable City Code provisions, this Program, and all permit conditions is subject to an assessment of civil penalties and suspension or revocation of the company’s permit by the City Manager or designee. The City of __________ is planning a 12-month pilot for the regulation of Shared Mobility Devices beginning in 2019 (“the Pilot Period”). The Pilot Period will help the City determine whether SMDs can support the City’s policy goals. While these Program requirements may remain in effect beyond the end of the Pilot Period, the City only intends to provide permits to companies for the Pilot Period. If a permanent permitting program is implemented, these requirements will be updated accordingly. a) For the duration of the Pilot Period, the City Manager or designee may issue multiple, independent permits and will determine the number of overall permitted SMDs and permitted SMDs per Permittee throughout the Pilot Period. Throughout the Pilot Period, Permittees will be expected to report on and mitigate impacts as described in this Program. The City Manager or designee may update the Program requirements or terminate the Program at his discretion at any time and shall give adequate notice of such updates. b) Policy Goals. SMDs should contribute to: i. Reducing private motor vehicle use and congestion. ii. Preventing fatalities and injuries on the transportation system. iii. Expanding access for underserved communities. iv. Reducing air pollution, including climate pollution. c) The provisions in this Program, but do not replace, any provisions in ____________ Municipal Code. In case of a conflict, the Municipal Code will prevail over this Program. c) SMD fees, surcharges and penalties will be placed in a New Mobility Account to be used by the City for administration and enforcement; evaluation; safe travel infrastructure; and expanded and affordable access. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 2 2. AUTHORITY These rules are authorized by, and implement, in relevant part, the following the Federal Law, State Law, and Municipal Code provisions, as may be amended from time to time: a) Under the California Constitution, a city has both the power and duty to keep its streets and other public property open and available for the purpose to which they are dedicated (Tobe v. City of Santa Ana (1995) 9 Cal. 4 th 1069). b) Further, the City council may prohibit and prevent encroachments on, or obstructions in or to, any sidewalk, street, alley, lane, court, park, or other public place, and may provide for the removal of the encroachment or obstruction (Gov. Code, § 38775) c) Further, the City has obligations under the federal Americans with Disabilities Act to ensure that the City’s sidewalks remain generally accessible to and usable by individuals with disabilities (City of Sacramento v. Badern (2003) 537 U.S. 1231). d) Municipal Code § 9-2-1 requires a permit for any work or encroachment in the public right-of-way. 3. DEFINITIONS “Abandon” shall mean leaving an item unattended for 72 hours or longer. “ADA Ramp” means a combined ramp and landing to accomplish a change in level at a curb in order to provide access to pedestrians using wheelchairs. “Applicant” means an entity that formally applies for the Shared Mobility Device Pilot Program permit but has yet to obtain a permit. “Charger” means an employee, agent or contractor of the Operator or Permittee that 1) collects SMDs daily for the purpose of inspecting and charging their batteries, and 2) redeploys the SMDs at designated locations according to the approved deployment plan. “City” means the City of ____________. “Crosswalk” means any Crosswalks either “marked” or “unmarked”. A “marked crosswalk” is any portion of a roadway at an intersection or elsewhere that is DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 3 distinctly indicated for pedestrian crossing by lines or other markings on the surface of the roadway. An “unmarked crosswalk” is the imagined extension of a sidewalk or shoulder across a street at an intersection. An unmarked crosswalk exists at all intersections unless specifically marked otherwise. “Customer” means a person or organization that buys a mobility service from an Operator. “Director” shall mean the Director of Planning and Building Safety or designee. “Landscaping/Furnishings Zone” means a linear portion of the Sidewalk Corridor, adjacent to the curb that contains elements such as street trees, signal poles, street lights, bicycle racks or other street furniture. This area does not include the width of the curb zone that can be as wide as 6 inches. “Operator” shall mean any person or business entity selected by the City to participate in the Program pursuant to these rules. “Pedestrian Plaza” means pedestrian areas designated by the City. “Permittee” means the person or business entity that is the named holder of a permit issued pursuant to this Program. “Program” means the Shared Mobility Device Pilot Program within the City “Public Area” shall mean any outdoor area that is open to the public for public use, whether owned or operated by the City or a private party. “Public Park” means and includes public parks, public playgrounds, public recreation centers or areas and other public areas created, established, designated, maintained, provided or set aside by the City for the purposes of public rest, play, recreation, enjoyment or assembly, and shall include all buildings and structures located thereon or therein. “Public Right-of-Way” shall mean any public alley, parkway, public transportation path, roadway, sidewalk, or street that is owned, granted by easement, operated, or controlled by the City. “Service Area” shall mean the Public Right-of-W ay within the City’s boundaries, with the exception of areas the City specifically restricts or adds. “Shared Electric Assist Bicycle (Shared E-Assist Bike)” means a “Class 1 or “Class 2 electric bicycle as defined in CVC Section 312.5. “Shared Electric Scooter (Shared Scooter)” means a vehicle that: DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 4 1. Is designed to be operated on the ground with a wheel diameter no greater than 16 inches; 2. Has handlebars and a foot support or seat for the User; 3. Can be propelled by an electric motor or human propulsion; and 4. Is made available for rental or public shared use in the public Right-of-Way by an Applicant or Permittee. “Shared Mobility Device (SMD)” shall mean any transportation device by which a person can be propelled, moved or drawn, that is displayed, offered or placed for rent in any Public Area or Public Right-of-Way. This includes Shared Bicycles, Shared Electric Assist Bicycles (Shared E-Assist Bikes), Shared Electric Scooters, and similar devices as determined by the City. This definition excludes car share vehicles, taxicabs, and similar motor vehicles. “Shared Mobility Parking Zone (SMP Zone)”, also called a “Drop Zone,” is a designated area in the approved deployment plan and parking plan where an Operator or Permittee may deploy and where Users may park SMDs. The City may designate SMP Zones in the Public Right-of-Way, Public Parks, other public property, and on private property, and require their physical demarcation through signage, pavement markings, charging stations and/or bike racks. “Sidewalk Corridor” means a passageway typically located within the Public Right- of-Way between the face of the curb or roadway edge and the property line. The Sidewalk Corridor contains two distinct zones: the Furnishings/Landscaping Zone and the Through Pedestrian Zone. "Street" means all that area dedicated to public use for public street purposes including, but not be limited to, roadways, parkways, alleys, and excluding the Sidewalks Corridor. “Through Pedestrian Zone” means the minimum clear area on each Sidewalk Corridor intended exclusively for pedestrian use. The minimum width of the Through Pedestrian Zone is defined in this Program as a minimum of 4 feet on Sidewalk Corridors at least 8 feet in width and a minimum of 6 feet on Sidewalk Corridors at least 10 feet in width.) “User” means the person who is in actual physical control of a SMD. 4. DEPLOYMENT Applicant shall provide a Deployment Plan for each type of SMD to be deployed to the City for review and approval before permit issuance. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 5 a) Deployment Plan. The plan must include at a minimum the following: i. The number and type of SMDs to be deployed initially. ii. A map of SMD deployment locations, including initial and subsequent daily deployments. iii. The number of SMDs to be deployed at each deployment location. iv. A map of the Service Area, including any restricted or prohibited operational/deployment zones. v. A description of the phasing/schedule of the initial and subsequent deployments. vi. The number of employees and contractors involved in deploying and retrieving SMDs (Chargers). vii. A description of policies and training of employees and contractors involved in deploying and retrieving SMDs. These policies and training must cover at a minimum the following:  Observance of vehicle code, traffic laws, and parking restrictions  Observance of City noise and nuisance regulations  Respect for private property  A schedule/hours of SMD deployment and retrieval operations.  Professional conduct with other employees/contractors and the public  Enforcement of the above policies/training viii. A description of the SMD transportation method to the deployment locations. ix. A schedule/hours of SMD deployment and retrieval operations. b) Deployment rules i. Parking. SMDs must be deployed in compliance with the parking requirements in this Program. ii. Service Area. SMDs must be deployed within the approved Service Area, excluding any restricted areas. iii. Daily Redeployment. The Operator must make a reasonable effort to redeploy the number of SMDs as per the approved Permit to the designated deployment locations on a daily basis. This includes SMDs that leave the City limits/Service Area during operations. iv. An Operator shall repair any inoperable or unsafe SMD before returning it into service. v. The Operator must accommodate City requests for surges or reductions in deployment during certain seasons and/or events. The City shall notify and coordinate with the Operator at least two weeks in advance. vi. Response Times. Operator shall respond to requests for rebalancing, reports of incorrectly parked SMDs, or reports of unsafe/inoperable SMDs DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 6 by relocating, re-parking, or removing SMDs after receiving notice from the City, User, or the general public based on the following times:  7 am to 10 pm daily - within one hour of receiving notice  all other times - no later than 8 am of the next service day c) Notifications and changes to the deployment plan. The deployment plan is anticipated to change dynamically over the course of the pilot program. This subsection identifies the process to make such changes and the required notifications. i. At the time of permit issuance, the City shall designate the date of the initial deployment. ii. The City reserves the right to make changes to the deployment plan, including, but not limited to, the Service Area, deployment locations, and fleet size, at its discretion. It shall notify the Operator in writing and the Operator must implement the changes within one week, unless the City grants additional time for the Operator to comply. iii. The Operator may request changes to the deployment plan in writin g by submitting an updated deployment plan. The City shall promptly review and approve the requests at its discretion. iv. The Operator may not increase the size of the deployed SMD fleet without notifying and receiving prior approval from the City. d) Evaluation of the deployment plan. The City evaluation of the deployment plan will include, but not be limited to, the following factors: i. How the deployment covers the entire service area ii. How the deployment covers high priority areas designated by the City (high employment areas, transit areas, disadvantaged communities, etc.) iii. The extent to which deployment on sidewalks is avoided and deployment on private properties is emphasized. iv. The number of employees and contractors involved in deployment and retrieval. v. The scope of the policies and training of employees and contractors involved in deployment and retrieval operations. vi. How the schedule/hours of deployment and retrieval operations affect rush hour traffic and respect noise and nuisance regulations, particularly in residential areas. 5. PARKING Applicant shall provide a “Parking Plan” to the City for review and approval. a) Parking Plan. The plan must include, but not be limited to, the following: DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 7 i. A map of the permitted parking locations for SMDs (such as the designated SMP zones or the “Landscaping/Furnishings Zone”); ii. The SMD capacity of each parking location; iii. Methods to incentivize Users to park safely and correctly in accordance with the Program requirements; and iv. The Parking Plan must comply with the General Parking Requirements and Parking Locations below. b) General Parking Requirements. i. SMDs shall be upright when parked; ii. SMDs shall not be parked in landscaped areas in the Public Right-of-W ay. They may only be parked on hard surfaces (concrete, asphalt, etc.) iii. SMDs shall not be parked in such a manner as to:  Violate California Vehicle Code section 21235(i) or the City of ____________ Municipal Code;  Impede the regular flow of travel in the Public Right-of-W ay or the clearance on sidewalk needed for Americans with Disabilities Act (ADA) compliance;  Be parked at the corners of sidewalks nor at any crosswalk, curb ramp, or within any feature that serves as an accessible element such as landings, areas of refuge, detectable warning surfaces, or any other physical feature that may be required for mobility;  Impede or interfere with the access to parked vehicles, disabled parking zones, or any other accessible route that would otherwise create a barrier to accessibility;  Impede or interfere with the access to parklets, loading zones, or red curb zones;  Block or interfere with reasonable use of any fire hydrant, call box, or other emergency facility; or utility pole or box; traffic signal controller cabinet; news rack, or parking meters/pay stations;  Impede or interfere with the reasonable use of any commercial window display or access to/from any building or driveways;  Be parked on private property except as permitted by the property owner and the City’s rules and regulations; and  Block or interfere with the use of the following transit-related user infrastructure, such as: transit signs, bus stops, benches, shelters, passenger waiting areas, bus layover and staging zones, etc. c) Private Property Locations: i. It is the City’s goal to maximize SMD parking locations on private property. The City encourages the Operator to identify SMD parking locations on private property as part of its Parking and Deployment Plans. Operator DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 8 must coordinate with the City and private property owners during permit process. To the extent Operator desires to deploy or park SMDs on private property, the Operator must first obtain the right to do so from the property owner and shall communicate this right to Users through signage approved by the respective entity and/or through a mobile phone or web application. d) City Property Locations: i. Unless specifically stated on the permit and/or unless specific SMP Zones are designated, parking on City property (e.g. parks, plazas, parking lots, the Civic Center, or transit stations) outside the public right-of-way is prohibited. ii. The City may designate specific SMP Zones on public property where Operator’s SMDs must be parked. iii. If the City authorizes SMD parking on City property, Operator shall communicate this right to Users through physical signage approved by the City and/or through a mobile phone or web application. e) Sidewalk Corridor Locations: SMD parking is permitted on Sidewalk Corridors that are at least 8 feet in width. i. On Sidewalk Corridors at least 10 feet in width, SMDs may be parked within the Landscaping/Furnishings Zone provided that:  An 18-inch-wide clear space is maintained from the curb face  A 6-foot-wide clear Pedestrian Through Zone is maintained and  A 15-foot minimum distance is maintained from street corners and pedestrian ramps (from Begin Curve or End Curve points) ii. On Sidewalk Corridors at least 8 feet, but less than 10 feet, in width, SMDs may be parked within the Landscaping/Furnishings Zone provided that:  An 18-inch-wide clear space is maintained from the curb face  A 4-foot wide clear Pedestrian Through Zone is maintained and  A 15-foot minimum distance is maintained from street corners and pedestrian ramps (from Begin Curve or End Curve points). iii. SMD parking is prohibited on Sidewalk Corridors less than 8 feet wide. iv. The City reserves the right to entirely prohibit parking in the Landscaping/Furnishings Zone and instead designate specific SMP Zones. v. The City may designate specific SMP Zones where SMDs may be deployed or parked. SMP Zones may be distributed on individual blocks in the City (e.g. one on each block), or on specific streets; vi. The City reserves the right to prohibit SMD parking in large sections of the City beyond individual blocks or streets. The permitted and prohibited parking areas shall be identified in the approved Parking Plan. City and Operator will work in good faith to determine the permitted and prohibited DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 9 parking areas and any SMP Zones so as to be convenient for public access and consistent with the purpose of the Program . vii. Permitted outdoor dining areas and/or retail display areas in the Sidewalk Corridor pursuant to properly issued encroachment permits shall take precedence over SMD parking locations and/or SMP Zones, to maintain the minimum required Through Pedestrian Zone. viii. Operator must abide and reasonably ensure that Users abide by the general parking requirements in this Program through User education about applicable regulations. f) On-street Locations i. Unless authorized by the City, Operator and Users shall not deploy or park SMDs on the street. ii. The City in its sole discretion may designate SMP Zones on the street. iii. If the City authorizes SMD parking on the street, Operator shall communicate this right to Users through physical signage approved by the respective entity and/or through a mobile phone or web application. iv. Operators shall ensure their SMDs are not parked in a way that impedes the regular flow of vehicular travel in the Public Right-of-Way. 6. FLEET SIZE AND MIX a) Applicant must indicate the proposed initial and maximum total fleet size and SMD mix (bicycles, E-assist bikes, scooters, etc.) on the Program application. b) The City shall set the fleet minimum and maximum limits, the preferred mix of SMDs, and shall indicate them on the approved Permit. c) Additional SMDs may be added to the fleet at the discretion of the City Manager or designee. Changes to the size of the fleet may be based on, but not limited to, ridership data, such as the average rides per day per device. The applicant shall provide regular reports indicating fleet usage levels and other data requested by the City (see section 10 regarding Data requirements). d) Fees. If any changes in fleet size are approved, Operators will submit a permit addendum with revised fleet size and SMD mix and pay the required applicable fees per SMD. 7. EDUCATION a) Education. Operator must submit a General Public and User Education Plan (“Education Plan”) to the City for review and approval before the City issues a permit. The Education Plan must include, but not be limited to, the following: DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 10 i. How the Operator will educate Users about the approved Service Area and any restricted areas. ii. How the Operator will educate Users about riding safety, roadway regulations, and local rules upon initial sign-up. This may include, but not be limited to, posting safety information on each SMD, on Operator’s phone app and its website. iii. How the Operator will educate Users about riding safety, roadway regulations and local rules before a User begins a ride, such as displays of safety messages on Operator’s phone app. iv. How the Operator will regularly educate Users about riding etiquette and parking rules. This may include phone notifications, education events, helmet giveaways, etc. v. How the Operator will educate to the general public regarding riding safety, roadway regulations, local rules, and ways the public can communicate with the Operator to offer suggestions and report problems. vi. How the Operator will offer English and Spanish communications as part of its outreach and education efforts. 8. ENFORCEMENT a) Enforcement i. Applicable Regulations. The City will enforce the California Vehicle Code, the Municipal Code, Program requirements and Permit conditions. ii. Enforcement Approach. The enforcement program will include an escalated enforcement strategy that in most cases will begin with a written warning/advisement to comply without being subjected to fines/penalties. In some cases, depending on the nature of the violation, enforcement could begin with the imposition of fines/penalties. iii. Ongoing Permit Review. The City will, on an ongoing basis, compile and review records of warnings, citations, accidents, complaints, calls for service, and other records related to this Program. Based on these records and data submitted by the Operator the City will evaluate Operator performance, impacts on City staffing and costs, and safety impacts on the community before continuing or renewing a Program Permit. iv. Repeated violations. Repeated violations of any of the operations, parking, education, or other requirements can be cause for permit revocation or program termination. v. Enforcement measures. Enforcement measures include, but are not limited to:  Written warnings and advisements to Operator and/or Users; DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 11  Citations. Authorized City personnel may issue citations to Users for violations of applicable regulations, such as riding on the sidewalk, not obeying stop signs, etc.;  Penalties/fines to Operators. Penalties/fines may be applied per violation in accordance with permit conditions;  Relocation. If an SMD is parked in violation of the parking requirements in this program, authorized City personnel may relocate it and notify Operator;  Impounding. If the Operator does not relocate, re-park, or remove an SMD within the timeframes specified in the approved Deployment Plan, or any SMD is parked in one location for more than 72 hours without moving, City crews may remove it and take it to a City facility for storage at the expense of the Operator;  Private Property Removal. Upon request, the City may, relocate or impound SMDs parked on private property improperly and/or without permission.  Permit suspension or revocation. Grounds for suspending or revoking permits include, but are not necessarily limited to: - Failure to meet the terms and conditions set forth in the Program permit; - Failure to put SMDs into service within 30 days after the City issues a permit or the launch window identified in the permit; - Failure to share data as agreed and outlined in this permit; - Failure to remove SMDs incorrectly parked within one hour; and - Failure to move SMDs located outside of the Service Area or located in prohibited or restricted areas; and  Program termination. The City may terminate permit without cause at any time by written notice to Operator. Operator will have 30 days to remove fleet from the City. Operator shall remit any outstanding fees to the City no later than 60 days from the written notice of termination or City shall deduct outstanding fees from Operators’ performance bond . vi. Waiver. The City's decision not to insist upon strict performance by the Operator of any provision of the permit in every one or more instances shall not constitute a waiver of such provision by the City, nor shall, as a result, the City relinquish any rights that it may have under the terms of the pilot program/the permit. vii. Program Modifications. The City may modify any elements of the Program and Permit conditions at its discretion. Operators will immediately be notified of Program modifications. Operators must comply with Program modifications within one week, unless additional time to comply is granted by the City. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 12 viii. Forfeiture of fees. If the City terminates a Program Permit, the applicant shall forfeit all Permit related fees and the City shall not issue any refund on a pro-rated or other basis. ix. User responsibility. Parking and operating violations of SMDs assessed against an Operator may be passed along to the responsible User. 9. SAFETY a) Operator SMDs must meet all applicable Federal and State regulations, including lighting during operation in darkness. b) E-assist bikes shall be “Class 1” or “Class 2” as defined in CVC Section 312.5. c) E-assist bikes and E-scooters shall have a maximum speed of 15 mph. d) Helmets. Operator must encourage helmet use and offer free helmets to Users as part of its Education Plan and/or upon initial sign-up. e) Rider age and driver’s license. Operator must ensure that SMD Users must be at least 18 years of age and possess a valid driver’s license. f) E-assist systems shall have visible warning language including: i. Helmet use is encouraged while riding a bicycle; ii. Riders shall yield to pedestrians; and iii. When riding on-street, follow the rules of the road, and City’s rules/regulations g) E-scooter systems shall have visible warning language including: i. Helmet use is encouraged while riding an electric scooter; ii. Riders shall yield to pedestrians; iii. When riding on-street, follow the rules of the road, and City’s rules; and iv. Riding on sidewalk is prohibited, except in order to access a permitted parking area. h) Operators must abide by the safety education requirements of the Program permit. 10. OPERATIONS AND MAINTENANCE a) Specifications and standards i. Operator must submit manufacturer’s Vehicle specifications to the City; ii. All SMDs shall have operational brakes, head light, tail and side reflector, and security hardware; iii. Operator shall certify that all SMDs in the fleet meet the standards outlined in the California Vehicle Code as applicable; iv. All motorized SMDs shall be propelled by electric motors/batteries. No combustion engines are allowed; v. All SMDs shall be equipped with GPS; vi. All SMD batteries shall be UL certified; vii. SMD Identification. All SMDs must have a unique identifier that is readily visible to the User or the public; DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 13 viii. All SMDs must be equipped with a locking mechanism to lock to a fixed object, or smart technology equipment to prevent theft; ix. All SMDs must have technology identifying that the SMD is upright and properly parked; x. The City reserves the right to require Operators to include a mechanism to lock SMDs to a fixed object at any time; and xi. Marketing/Advertising on SMDs. Third-party advertising on the SMDs is prohibited. b) Communication i. Operator must attend an on-site meeting with City staff to discuss the program and demonstrate the SMDs to be deployed before the City issues a permit; ii. Operator must provide City staff a list of key personnel that will be doing work under a Program permit and 24-hour contact information for the primary contact person (project manager) for City emergency removal requests and other Program related issues; iii. Operator must provide mechanisms for Users and members of the public to report safety concerns, malfunctions, maintenance issues, illegal parking, complaints, to ask questions, or make relocation requests, including, but not limited to, a toll-free customer service phone number, an email address, and a mobile phone or web application; iv. All SMDs shall have the toll-free 24/7 customer service phone number and e-mail address, for the Users or members of the public to use; and v. Operator shall provide a staffed operations center in or within a reasonable distance from the City to allow for prompt response to safety concerns, malfunctions, rebalancing, illegal parking, and other complaints. c) Maintenance Operator must submit a Maintenance Plan to the City for review and approval. The Maintenance Plan shall include, but not be limited to, the following: i. Regular Maintenance. Operator shall perform regular, at a minimum monthly, maintenance on their SMDs. ii. Maintenance Schedule. Operator must submit a maintenance schedule including the required monthly maintenance to the City for review and approval. iii. Maintenance logs. Operator must maintain and make its maintenance logs and checklists available to the City upon request. iv. SMD storage/inspections. Operator shall retrieve and remove all of its SMDs from service every evening for inspection and to reduce street clutter. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 14 d) Recharging Plan. Applicants must submit a Recharging Plan for Shared Scooters and Shared E-Assist Bikes to the City for review and approval. The plan shall include, but not be limited to, the following: i. An explanation of how Operator knows when an SMD needs to be recharged. ii. Whether independent contractors will be used to charge scooters. iii. The incentive structure for charging SMDs and any information provided to contractors, or employees concerning safe charging practices. iv. A description of the charging process and/or procedure. v. A description of policies and procedures the operator will use to minimize potential negative impacts (such as parking, noise, traffic, pollution, etc.), associated with practices related to collecting, redistributing, and recharging scooters. e) Hours of operation. Applicants must indicate the proposed hours of operation (including any temporary or seasonal fluctuations) on their Program permit application for City review and approval. The City may at its discretion change the permitted the hours of operation and provide Operator adequate notice. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 15 11. DATA Applicants must submit a Data Sharing Plan for review and approval by the City. The Data Sharing Plan shall include, but not be limited to, the following: a) Preferred Format/Specification. Operator must provide data for all device types to the City, and partners, in the General Bikeshare Feed Specification (GBFS), Mobility Data Specification (MDS) formats, or some other format as specified by the City, each through an application program interface (API). b) Application program interface. Operator must have an (API) or other automated mechanism that allows their services to be integrated into third- party mobility applications. c) GBFS must be made available to the public through the permittee's website. The MDS feed must be available to contracted city partners for the explicit purpose of program management. As such, these feeds must be consumable by third-party software. d) Dashboard. Permittee must maintain a dashboard for the City to use for program monitoring and compliance that displays MDS data. e) Data retention. Operator shall retain and make data available for the duration of the P rogram. f) Non-GBFS data consumed through the API by City specified third-party software providers shall not be publicly available without consent from the permittee. g) Format/Specification updates. The City may, in its sole discretion, release subsequent versions and/or updated versions of the Specification and require operators to use the most current version by releasing an automatic update and/or disabling support for the previous version. h) Monthly reports. Operator will additionally provide the City with monthly aggregated reports on system use, compliance, and other aspects of operations (including parking complaints , crashes, damaged or lost SMDs). In addition to report format, the aggregate data must also be provided in spreadsheet or comma-delimited format. i) In order to accurately convey scooter location, use patterns, and other information, all scooters shall ping, at a minimum every 90 seconds while in use . In order to ensure that scooter locations are known even when the scooter is not in use , all data shall be provided by GPS equipment that is affixed to the operator's scooter (e.g. not customer phones). This does not include phone-based location services information, used by customers, to locate a scooter or track their own personal route. j) Regional Partners. Operator shall share the same data and reports with designated regional partners, such as the South Bay Cities Council of Governments (SBCCOG). k) Non-compliance. If Operator is found to be misleading the City in any provided data , that operator's permit may be revoked. DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 16 l) Confidentiality. Any raw data supplied by an Operator shall be held confidentially between the City and the Operator to the extent that is permitted by law. However, summaries, program utilization data, and trend data may be made public. m) Personally identifiable Information on Customers collected by Operators may not be transmitted to, processed or stored at a destination outside of the United States. n) The City is permitted to use all data the Operator provides in accordance with applicable law, including, but not limited to, displaying real-time data and real- time SMD availability data to the public. Third parties are permitted to republish any data the City publishes. o) During the Program, Operator shall distribute to its Users a City-provided customer survey on a quarterly or less frequent basis. p) Operator shall publish data summaries regarding service usage in the City through its website. q) User Protections. Operator must ensure customer data privacy and that Operator policies are in accordance with city data privacy policies and/or applicable law. i. Personally identifiable information shall not be shared with the City or any other entity; permittee shall ensure the privacy of its users. ii. Operator must provide a clear, written justification for why they need access to each type of customer files (e.g. contacts, camera, photos, location, other apps etc.) iii. Customers shall not be required to share personal data with 3rd parties (e.g. advertisers, investors etc.) in order to use the mobility services. iv. Customers shall not be required to provide access to their contacts, files and other private data to use the mobility service . v. Location services may be required to use the service for the purpose of locating nearby scooters, but not for providing trip-level data. vi. Operator must provide customers with clear, prominent notification about what data will be accessed (e.g. location services, camera, contacts, photos etc.) and explain how and why data will be used. Notification must be active (e.g. affirmative confirmation-required to continue) and should not be concealed in larger terms-of-service notifications. vii. Customers may opt-in (not opt-out) to providing access to their contacts, camera, photos, files, other private data and 3rd party data sharing. 12. EXPERIENCE AND QUALIFICATIONS Applicants for a permit under this program must submit a description of their experience and qualifications including, but not limited to, the following: DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 17 a) Describe applicant’s qualifications and experience operating shared mobility programs in North America. b) Describe the benefits to the City and the community from the operation of the shared mobility service by applicant’s company including, but not limited to, the Program goals stated in section 1 of these guidelines. c) Describe how applicant has complied with applicable laws, including efforts to ensure compliance by its Users with applicable laws, and efforts to work in good faith with staff from other agencies with similar active programs. d) Provide up to three agency references from cities with similar active programs. 13. INSURANCE AND INDEMNIFICATION Insurance. a) Without limiting its obligations pursuant to Section 13.g, below and at all times during the term of this Program Permit and any use of the public right of way by Operator pursuant to this Program Permit, Operator shall procure and maintain the insurance coverage set forth below: i. Commercial General Liability (“CGL”) Insurance coverage, at least as broad as ISO Form CG 0001 11 85 or 88, or equivalent, in the minimum amount of Two Million Dollars ($2,000,000) per occurrence, with not less than Four Million Dollars ($4,000,000) in annual aggregate coverage. The CGL policy shall have the following requirements:  The policy shall provide coverage for personal injury, bodily injury, death, accident and property damage and advertising injury, as those terms are understood in the context of a CGL policy. The coverage shall not be excess or contributing with respect to City's self-insurance, commercial liability insurance, or any pooled risk arrangements;  The policy shall include coverage for liability undertaken by contract covering, to the maximum extent permitted by law, Operator’s obligation to indemnify the Indemnitees as required under Section 13.f of this Program Permit;  The policy shall not exclude coverage for Completed Operations, Hazards or Athletic or Sports Participants; and  Additional Insured and Notification of Policy Changes. The City of ____________, members of its City Council, its boards and commissions, officers, agents, and employees will be named as additional insureds in an endorsement to the policy, which shall be provided to the City and approved by the City Attorney. ii. Auto Liability Policy with limits of at least $1,000,000 combined single limit coverage for owned, hired and non-owned automobile liability; iii. If this Program Permit will include Operator personnel (employees, agents, or contractors) working within the City limits, Operator shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 18 Liability insurance (with limits of at least one million dollars [$1,000,000] per accident.) Operator shall submit to City a list of its officers, agents, employees and volunteers. b) City may waive one or more of the coverages listed in Section 13.a, above. This waiver must be express and in writing, and will only be made upon a showing by the Operator that its operations in and with respect to City are not such as to impose liability within the scope of that particular coverage. c) All insurance listed in Section 13.a, above, shall be issued by companies licensed to do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A-:VII or better in the current Best's Insurance Reports. d) Operator shall provide City with at least thirty (30) days prior written notice of any modification, reduction or cancellation of any of the Policies required in Section 13.a or a minimum of ten (10) days’ notice for cancellation due to non- payment. e) City may increase the scope or dollar amount of coverage required under any of the policies described in Section 13.a, or may require different or additional coverages, upon prior written notice to Operator. f) Technology Errors and Omissions; Cyber Liability. Permittees shall maintain liability insurance covering acts, errors, or omissions, including negligent acts, arising out of the performance or failure to perform professional services related to the Products and Services under the permit. The Permittee shall maintain insurance that shall cover any and all claims and losses with respect to data, network risks, and infringement of Intellectual Property Rights. Such insurance shall include limits of coverage of not less than $2,000,000.00 (two million U.S. dollars) written on a per occurrence basis. If coverage is written on claims - made basis, coverage shall remain in effect for not less than three years following the date of termination or expiration of the permit. Evidence of coverage must be sent to the City for three years following termination or expiration of the permit. Indemnification g) Operator shall defend (at Operator’s sole expense, with legal counsel approved by City, with such approval not to be unreasonably withheld or delayed), indemnify and hold harmless the City, members of its City Council, its boards and commissions, officers, directors, employees, agents, servants, successors, assigns and subsidiaries (collectively “the Indemnified Parties”), from and against any and all losses, damages, liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, costs, expenses and DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 19 reasonable attorneys’ fees and judgments arising out of or in any manner related to this Program permit, including, but not limited to loss or damage to persons or property, arising out of or in any way related to Operator’s use of the public space, public right-of-way, or public property . This indemnification includes, but is not limited to, tort liability to a third person for bodily injury and property damage. Operator agrees that this obligation to indemnify, defend and hold harmless extends to liability and/or claims arising from Indemnified Parties' a ctive or passive negligence. Notwithstanding the foregoing, nothing herein shall be construed to require Operator to indemnify an Indemnified Party from any claim arising from the sole negligence or willful misconduct of that Indemnified Party. The duty to defend referenced herein is wholly independent from the duty to indemnify, arises upon written notice by City to Operator of a claim within the potential scope of this indemnification provision, and exists regardless of any determination of the ultimate liability of Operator, City or any Indemnified Party. User Waiver of Liability h) Operator must include agency liability waiver language in its end-user agreement, which shall include the following terms and conditions of use: i. User must be at least 18 years of age; ii. User must be in possession of a valid driver license; iv. User must agree to the liability waiver covering all SBCOG cities contained in the Operator’s end-user agreement; v. User must agree to comply with the California Vehicle Code and all applicable local regulations, which shall be provided by Operator to all Users, prior to use of SMDs. 14. PERMIT APPLICATION REQUIREMENTS. Operator must apply for a Program permit to operate in the City and must provide the following. a) Permit requirements: i. Experience and qualifications ii. Indemnification iii. Insurance iv. Business License v. Contact information (phone and email) vi. SMD fleet size and mix vii. Deployment Plan viii. Maintenance Plan ix. Parking Plan x. Education Plan xi. Data sharing plan DRAFT GUIDELINES FOR A SOUTH BAY SHARED MOBILITY PILOT PROGRAM DRAFT (03/11/2019) 20 xii. Fees b) The City may modify Program Permit requirements at its discretion 15. FEES: The Program includes the following types of fees: a) An application fee, due at the time of application submittal; b) A permit fee, due before the City issues a permit; c) A fee per SMD, payable monthly or less frequently for the duration of the pilot program; and d) A performance bond/deposit, due before the City issues a permit. e) Impound fee f) Fines/penalties for violations of applicable rules and regulations The City will publish a fee schedule before accepting Program applications. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0213 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 26, 2019 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 4/5/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0220 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 9, 2019 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 4/5/2019Page 1 of 1 powered by Legistar™ April 2, 2019 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council April 9, 2019 TENTATIVE FUTURE AGENDA ITEMS APRIL 23, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION: LABOR NEGOTIATIONS APRIL 23, 2019 @ 7:00 PM PRESENTATIONS LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE QUARTERLY UPDATE 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 Acting Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of April 16, 2019 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Approval of Final Parcel Map No. 74545 at 617 Longfellow Avenue Community Development Director Staff Request Apr 2, 2019 Resolution opposing new offshore oil drilling Assistant to the City Manager Staff Request Mar. 22, 2019 CONSENT ORDINANCES Second Reading of Ordinance regulating Sidewalk Vending in compliance with Senate Bill 946 City Clerk Council Direction Dec 11, 2018 MUNICIPAL MATTERS Consider Athens Services Annual Rate Adjustment request for Solid Waste pursuant to the Franchise Agreement and adopt Athens Organic rates Environmental Analyst Annual Purchase and installation of Pier Avenue Bus Stop Shelters & Furniture Environmental Analyst Staff Request Aug 2018 Role of Emergency Preparedness Advisory Commission (EPAC) City Manager Council Direction Nov. 13, 2018 Staff Recommendation on City position of Senate Bill 50 – More HOMES Act of 2019 (Fangary, Armato, Campbell) Assistant to the City Manager / Community Development Director Council Direction Mar 26, 2019 MISCELLANEOUS ITEMS AND MEETI NG 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 24, 2019 @ 6:00 PM FY 2019-2020 CAPITAL IMPROVEMENT PROGRAM TUESDAY, APRIL 30, 2019 @ 6:00 PM STUDY SESSION: BUDGET REVENUE STRATEGY 2 WEDNESDAY, MAY 1, 2019 @ 6:00 PM NO STUDY SESSION MAY 14, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION MAY 14, 2019 @ 7:00 PM PRESENTATIONS SCE RELIABILITY REPORT 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 5, 2019 and April 2, 2019 Community Resources Manager Ongoing Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 4, 2019 Emergency Management Coordinator Ongoing MUNICIPAL MATTERS Amendment to Tobacco Retailers License to include Flavored Tobacco ban across all Retailers Community Development Director Staff Request Jan. 9, 2019 Consideration of the contract extension with Beach Cities Transit Community Development Director Staff Request Feb. 19, 2019 Document Retention Policy City Clerk Staff Request Nov. 28, 2018 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, MAY 22, 2019 @ 6:00 PM BUDGET WORKSHOP 3 MAY 28, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION: QUARTERLY LITIGATION UPDATE MAY 28, 2019 @ 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 Public Works Project Status Report Acting Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of May 21, 2019 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 20, 2019. Acting Public Works Director Ongoing Hermosa Beach Landscaping and Street Lighting District 2019-2020 Adoption of Resolutions regarding the Engineer’s Report and setting June 11, 2019 for a Public Hearing Acting Public Works Director Annual South Bay Workforce Investment Board Quarterly Summary City Manager Quarterly PUBLIC HEARINGS – 7:30 PM Public Hearing on the Annual Levy for the Sewer Charge and Engineer’s Report Acting Public Works 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 WEDNESDAY, JUNE 5, 2019 @ 6:00 PM STUDY SESSION: EMERGENCY MANAGEMENT TRAINING JUNE 11, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION JUNE 11, 2019 @ 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 May 7, 2019 Community Resources Manager Ongoing Adoption of the 2019-20 Appropriation Limit Finance Director Annual PUBLIC HEARINGS – 7:30 PM Adoption of 2019-20 Budget Finance Director Annual Public Hearing – Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2018-19 Acting Public Works 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 4 PENDING STRATEGIC PLAN ITEMS INITIAL COMPLETION DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager Sept-2016 Alternative Fuel Transportation Report Environmental Analyst Nov-2016 Encroachment Direction City Attorney Nov-2016 CCA Direction Environmental Analyst Dec-2016 Information Item – Phase 3 Parking Meter Purchase Acting Police Chief / Assistant to the City Manager Jul-2017 PENDING NEW ITEMS INITIAL REQUEST Initial Report on Options and Strategies for Installing a Permanent Carousel or other Family Friendly Features at the Entry Point to Pier Plaza. In Cooperation with the Chamber of Commerce, this would incl ude a Preliminary Cost Benefit Analysis and Implementation of the City Decision Making Tool (supported by Duclos and Fangary) Acting Public Works Director Other Matters Tree ordinance with respect to tree removal Acting Public Works Director Staff Request 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) Acting Public Works Director Other Matters Policy discussion regarding city responsibilities and expectations when donations are made to city Finance Director Council Direction Consideration of a position letter on federal gun control legislat ion (supported by Fangary, Armato and Massey) Assistant to the City Manager Other Matters Report on Phase II of Library Assessment including Location Alternatives Community Resources Manager Staff Request Award of Contract for On-Call Traffic Engineering Services Acting Public Works Director Staff Request Update on bicycle infrastructure implementation & Next Steps Environmental Analyst Council Direction Special Event Policy Update and Subcommittee Direction Community Resources Manager Parking Lot D (Manhattan Ave and 14th Street) Final Designs Environmental Analyst Staff Request Consideration of direction to the Downtown Enhancement Subcommittee or other subcommittee, to develop the following for city council approval: (1) an ordinance to reduce and eliminate the sale and use of single use plastics in hermosa beach; and (2) letters of support for legislative and congressional efforts to achieve the same objective across California and nationwide (supported by Massey, Duclos, Campbell and Armato) Environmental Analyst Other Matters Measure H Grant Acceptance Assistant to the City Manager Staff Request Consent for use of “Lot B” for construction staging area for Pier/Strand project Community Development Director Staff Request Short Term Vacation Rentals in Commercial Zones Community Development Director Staff Request November 2019 Ballot Measure asking voters to change the elected City Clerk position to an appointed office City Attorney Council Direction Discussion item concerning changing City Clerk salary to ceremonial salary rate beyond November 2019 Assistant to the City Manager Council Direction Consideration of holding a joint Study Session with BCHD on Youth Health Issues (Duclos, Fangary, Massey) City Manager Other Matters