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HomeMy WebLinkAbout03-10-2020 - Agenda Pkg - CC Regular MeetingTuesday, March 10, 2020 6:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Mary Campbell Mayor Pro Tem Justin Massey Councilmembers Hany S. Fangary Michael Detoy Stacey Armato Regular Meeting Agenda Closed Session - 6:00 PM Regular Meeting - 7:00 PM Executive Team Viki Copeland, Finance Director Marnell Gibson, Public Works Director Michael McCrary, Interim Police Chief Ken Robertson, Community Development Director Vanessa Godinez, Human Resources Manager Kelly Orta, Community Resources Manager City Treasurer Karen Nowicki City Attorney Michael Jenkins Suja Lowenthal, City Manager Nico De Anda-Scaia, Assistant to the City Manager March 10, 2020City Council Regular Meeting Agenda 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL PUBLIC COMMENT RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 1.20-0147 MINUTES: Approval of minutes of Closed Session held on February 25, 2020. 2.20-0149 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 SUPPLEMENTAL Letter from Howard Longacre (submitted 10-10-20 at 1:45am).pdf Attachments: ADJOURNMENT OF CLOSED SESSION Page 2 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda 7:00 P.M. - REGULAR AGENDA All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agenda packets are available for your review on the City's website located at www.hermosabeach.gov. Complete agenda packets are also available for public inspection in the City Clerk's office. During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Oral and Written Communication Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit the written materials to the City Manager's office by email (anny@hermosabeach.gov) or in person by noon of the Tuesday, one week before the meeting date. Written materials pertaining to matters listed on the posted agenda received after the agenda has been posted will be added as supplemental materials under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email. Supplemental materials may be submitted via eComment (instructions below) or emailed to anny@hermosabeach.gov. Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure Council and staff have the ability to review materials prior to the meeting. Supplemental materials submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted online the next day. Submit Supplemental eComments in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. Public Participation Speaker Cards: If you wish to speak during Public Participation, please fill out a speaker card at the meeting. The purpose of the speaker card is to streamline and better organize our public comment process to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. Page 3 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a)20-0141 BEACH CITIES HEALTH DISTRICT UPDATES ON THE CORONAVIRUS AND THE HEALTHY LIVING CAMPUS b)20-0142 RECOGNIZING LOCAL WOMEN’S ORGANIZATIONS AND WOMEN BUSINESS OWNERS AS PART OF WOMEN’S HISTORY MONTH AND INTERNATIONAL WOMEN’S DAY CELEBRATIONS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)20-0151 HAZARD MITIGATION GRANT b)20-0152 UPDATE ON THE SAFER PROSPECT PROJECT PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, Page 4 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a)REPORT 20-0150 CITY COUNCIL MEETING MINUTES Recommendation:Staff recommends that the City Council receive and file the following minutes: 1. January 14, 2020 Special Meeting (Closed Session) 2. January 14, 2020 Regular Meeting 1. 01-14-2020 CC Spc Mtg Min.pdf 2. 01-14-2020 CC Reg Mtg Min.pdf Attachments: b)REPORT 20-0128 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. 1. 02-20-2020 2. 02-27-2020 Attachments: c)REPORT 20-0134 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2020 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020. PR Minutes 2.04.2020Attachments: d)REPORT 20-0143 LOS ANGELES COUNTY FIRE DEPARTMENT AND MCCORMICK AMBULANCE MONTHLY REPORT OF JANUARY 2020 Recommendation:Staff recommends that the City Council receive and file the Los Angeles County Fire Department and McCormick Ambulance Monthly Report of January 2020. Fire and ambulance monthly report_Jan. 2020.pdfAttachments: e)REPORT 20-0067 2018 STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT Page 5 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council: 1. Accept $70,199 in grant funds from the County of Los Angeles for the 2018 State Homeland Security Program; 2. Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3. Approve estimated revenue of $70,199 in the Grant Fund; 4. Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-20 for the purchase of interoperable radio equipment; and, 5. Authorize the purchase of radio equipment, not to exceed $70,199. 2018 Homeland Security Program Subrecipient AgreementAttachments: f)REPORT 20-0121 AWARD OF CONSTRUCTION CONTRACT FOR THE COMMUNITY CENTER TENNIS COURTS RESURFACING (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award the construction contract for the Community Center Tennis Courts Resurfacing in the amount of $37,680; 2. Authorize the Director of Public Works to establish a 15% project contingency for a total construction budget of $43,332; 3. Adopt the attached resolution entitled, "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of the Community Center Tennis Courts Resurfacing Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account;" 4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. 1. Bid Opening Log 2. Trueline's Submitted Bid 3. Draft Resolution 4. Draft Agreement Attachments: g)REPORT 20-0137 APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING MARCH 20, 2022 WITH THE HERMOSA BEACH EDUCATION FOUNDATION (HBEF) FOR ITS ANNUAL “HEARTS OF HERMOSA” EVENT HELD AT THE COMMUNITY CENTER PARKING LOT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve a three-year agreement expiring March 20, 2022 with the Hermosa Beach Education Foundation (HBEF) for its annual "Hearts of Hermosa" event, held at the Community Center parking lot. 1. Agreement with HBEF 2. 2020 "Hearts of Hermosa" Special Event Application Attachments: h)REPORT 20-0132 SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD REMEDIATION PROJECT (CIP NO. 615) BETWEEN THE CITY Page 6 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda OF HERMOSA BEACH AND DUDEK (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council: 1. Approve the Second Amendment of the agreement with Dudek for environmental remediation services at the City Yard; and 2. Authorize the City Manager to execute the amendment. 1. PSA DUDEK 2. Corrective Action Plan - Hermosa Beach City Yard 3. Dudek Amendment and Proposal Attachments: 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 20-0129 ADOPTION OF RESOLUTION APPROVING THE ALLOCATION OF APPROXIMATELY $63,710 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the FY 2020-21 budget resolution approving the FY 2020-21 CDBG allocation of approximately $63,710; 2. Approve the allocation of approximately $63,710 of Federal CDBG funds in FY 2020-21 for the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue; 3. Authorize the use of CDBG funds in FY 2020-21 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services, including, but not limited to, construction management and inspections; and 4. Grant the Public Works Director authority to submit a notice of completion once work is complete. 1. Draft Resolution Approving FY 2020-2021 Budget for Sidewalk Curb Ramps 2. CBDG Proposed Curb Ramp Locations along Prospect Avenue Attachments: b)REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES Page 7 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council continue the public hearing to a future meeting. Page 8 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda 1. Proposed Ordinance 2. Proposed Fee Resolution 3. Link to 7-23-19 City Council Meeting 4. Link to 8-20-19 Planning Commission Meeting 5. Link to 11-7-19 Planning Commission Study Session Meeting 6. Link to 12-9-19 Planning Commission Meeting 7. Link to 1-21-20 Planning Commission Meeting 8. Public Notice Sent to Businesses and Property Owners 9. City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 10. Email from David Grethen regarding Limited Events Frequency dated January 22, 2020 11. SUPPLEMENTAL 86 eComments as of 02-25-20 at 4pm 12. SUPPLEMENTAL Email and Attachments from Kent Allen (submitted 02-25-20 at 12:46pm) 13. SUPPLEMENTAL Letter from Jed Sanford re CEQA (submitted 02-25-20 at 2:36pm) 14. SUPPLEMENTAL Letter from Jed Sanford re Conflict of Interest (submitted 02-25-20 at 2:36pm) 15. SUPPLEMENTAL Letter from Jed Sanford re Integrity (submitted 02-25-20 at 2:36pm) 16. SUPPLEMENTAL Letter from Phyllis Pennings (submitted in person on 02-25-20) 17. SUPPLEMENTAL Memo from Community Development Director Ken Robertson (added 2-25-20 at 6:10pm) 18. SUPPLEMENTAL eComment from Jessie Accamando (submitted 03-09-20 at 3:47pm).pdf 19. SUPPLEMENTAL eComment from Maria Cracknell (submitted 03-09-20 at 5:42pm).pdf 20. SUPPLEMENTAL Email and Attachments from Kent Allen (submitted 03-09-20 at 8:46pm).pdf 21. SUPPLEMENTAL eComment from Patti Astor (submitted 03-10-20 at 12:55am).pdf 22. SUPPLEMENTAL Email from Howard Longacre (submitted 03-10-20 at 7:21am).pdf 23. SUPPLEMENTAL eComment from Steve Collins (submitted 03-10-20 at 9:42am).pdf 24. SUPPLEMENTAL Letter from Aileen Martin (submitted 03-10-20 at 1pm).pdf 25. SUPPLEMENTAL Email to FPPC from City Attorney's office (added 03-10-20 at 1:13pm).pdf 26. SUPPLEMENTAL Letter from Jed Sanford (submitted 03-10-20 at 2:27pm).pdf 27. SUPPLEMENTAL eComment from Ellen Wroe (submitted 03-10-20 at 3:53pm).pdf Attachments: 6. MUNICIPAL MATTERS Page 9 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda a)REPORT 20-0119 PURCHASE OF POLICE DEPARTMENT VEHICLES (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council authorize the purchase of the following vehicles to replace vehicles approved for replacement through the Fiscal Year 2019-20 budget process: 1. One 2020 Ford Utility Hybrid to replace a Ford Crown Victoria; 2. One 2020 Ford Utility to replace a Ford Crown Victoria; 3. One 2020 Jeep Wrangler to replace a Ford Escape; 4. One 2020 Ford F-150 to replace a Ford F-150 Pick-up truck; 5. One Tesla Model 3 to replace a Dodge Charger; and 6. One 2020 Toyota Rav4 Hybrid to replace Community Services' Go-4 vehicle. 1. National Auto Fleet - vehicle quotes 2. SBRPCA outfitting quotes 3. Tesla quote Attachments: b)REPORT 20-0133 APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council adopt a Resolution approving the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. 1. Hermosa Ave Site Map 2. Reso18-7117 Ocean Protection Council 3. Torrance Grant Agreement 4. Beach Cities Green Street Projects Map 5. Green Streets MOU Attachments: c)REPORT 20-0136 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (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; and 2. Provide direction to staff to prepare an update to the City's shared mobility ordinance that either: a. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c. provides guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. Page 10 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda 1. November 2017 Staff Report 2. August 2018 Staff Report 3. April 2019 Staff Report 4. August 2019 Staff Report 5. South Bay Shared Mobility Guidelines.pdf 6. SUPPLEMENTAL eComment from Steve Collins (submitted 03-06-20 at 1:55pm).pdf Attachments: 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)20-0144 COUNCILMEMBER ARMATO REPORTS ON HER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION (ICA) WINTER SEMINAR IN SANTA BARBARA, CALIFORNIA FROM JANUARY 31-FEBRUARY 1, 2020 b)20-0145 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a)20-0146 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Tentative Future Agenda.pdfAttachments: ADJOURNMENT Page 11 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: March 24, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting March 30, 2020 - Monday - Adjourned Regular Meeting: 6:00 PM - Revenue Study Session April 4, 2020 - Saturday - Adjourned Regular Meeting: 9:00 AM - City Council Retreat April 14, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 22, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - FY 2020-2021 Capital Improvement Program April 28, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 6, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session May 12, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 21, 2020 - Thursday - Adjourned Regular Meeting: 6:00 PM - Budget Study Session May 26, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 3, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session June 9, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 23, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 1, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session July 14, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 23, 2020 - Thursday - Adjourned Regular Meeting: 7:00 PM - Joint Meeting with all Boards/Commissions July 28, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting August 11, 2020 - Tuesday - No Meeting (Dark) August 25, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 2, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session September 8, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 22, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 7, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session Page 12 City of Hermosa Beach Printed on 3/10/2020 March 10, 2020City Council Regular Meeting Agenda CITY COUNCIL MEETINGS - CONTINUED: October 13, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 27, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 4, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session November 10, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 12, 2020 - Thursday - Adjourned Regular Meeting: 6:00 PM - Appointment of Mayor & Mayor Pro Tem November 24, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting December 2, 2020 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session December 8, 2020 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting December 22, 2020 - Tuesday - No Meeting (Dark) BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: March 16, 2020 - Monday - 7:00 PM - Planning Commission Meeting March 18, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting April 2, 2020 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 21, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting May 5, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 19, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting May 20, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting June 2, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 16, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting July 7, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 15, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting July 21, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting August 4, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 18, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting September 1, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting September 16, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting October 6, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 20, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting November 5, 2020 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 17, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting November 18, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting December 1, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: May 25, 2020 - Monday - Memorial Day September 7, 2020 - Monday - Labor Day November 11, 2020 - Wednesday - Veteran's Day November 26, 2020 - Thursday - Thanksgiving Day Page 13 City of Hermosa Beach Printed on 3/10/2020 Page 1 of 1 Supplemental Testimony From H. Longacre (Resident), March 9, 2020 Supplemental Testimony to the 6-PM Closed Session Hermosa City Council Meeting March 10, 2020 March 9, 2020 To: Hermosa Beach City Council From: Howard Longacre, Resident Re: The potential for misuse by the Hermosa Beach City Council of a ‘Closed Session’. City Council and others: Following is an image of your 6-PM, 3/10/2020 ‘Closed Session’ agenda as available at the time of this writing. http://hermosabeach.granicus.com/AgendaViewer.php?view_id=6&event_id=2947 Please note that there is no indication regarding whether this “initiation of litigation” is in regards to the City Council’s expectation of litigation against the City or whether the Council is considering initiation of litigation against another entity. The City Council would best instruct its legal counsel, I assume the City Attorney, to specify the maximum possible with regard to the ‘Closed Session’ agenda’s wording, rather than this rock-bottom minimum when giving directions for the wording to be placed on a ‘Closed Session’ agenda. At the very least this has the appearance of an absolute scam to avoid the state’s ‘open-meeting’ law to thereby discuss just about anything desired ad-hoc under the guise of “initiation of litigation”. It portends filthy, rotten, sneaky, despicable government and leads to complete mistrust of the electeds on your body, and the city’s legal counsel. Kindly insist on the maximum possible and more-transparent wording, rather than less sloppy-and-quick-and-dirty wording on the ‘Closed Session’ agendas. This present agenda indicates little more than that the City Council will be having a secret meeting. Note the wording that I have circled. End of Supplemental testimony. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0141 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 BEACH CITIES HEALTH DISTRICT UPDATES ON THE CORONAVIRUS AND THE HEALTHY LIVING CAMPUS City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0142 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 RECOGNIZING LOCAL WOMEN’S ORGANIZATIONS AND WOMEN BUSINESS OWNERS AS PART OF WOMEN’S HISTORY MONTH AND INTERNATIONAL WOMEN’S DAY CELEBRATIONS City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0151 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 HAZARD MITIGATION GRANT City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0152 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 UPDATE ON THE SAFER PROSPECT PROJECT City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0150 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 CITY COUNCIL MEETING MINUTES Recommended Action: Staff recommends that the City Council receive and file the following minutes: 1.January 14, 2020 Special Meeting (Closed Session) 2.January 14, 2020 Regular Meeting Due to staffing shortages in the City Clerk’s office, the following minutes will be provided as soon as they become available. 1.January 28, 2020 Regular Meeting 2.February 3, 2020 Adjourned Regular Meeting (Joint meeting with School Board) 3.February 11, 2020 Regular Meeting 4.February 25, 2020 Regular Meeting 5.March 4, 2020 Adjourned Regular Meeting (Joint meeting with Planning Commission) Respectfully Submitted by: Ann Yang, Executive Assistant Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Special Meeting Agenda Tuesday, January 14, 2020 5:30 PM CLOSED SESSION City Council Mayor Mary Campbell Mayor Pro Tem Justin Massey Councilmembers Hany S. Fangary Michael Detoy Stacey Armato City Council Minutes 2 of 3 City of Hermosa Beach 01-14-2020 NOTICE OF SPECIAL MEETING AND AGENDA PLEASE TAKE NOTICE that the Mayor of the City of Hermosa Beach has called a Special Meeting of the City Council to take place at 5:30 p.m. on Tuesday, January 14, 2020, to consider and take action on only those matters set forth on the agenda below. 5:30 P.M. - CLOSED SESSION (LOCATION: Meeting convene in the Council Chambers and moved to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS The meeting was called to order at 5:31 p.m. ROLL CALL Present: 3 – Mayor Campbell, Councilmember Detoy, Councilmember Fangary Arrived Late: 2 - Mayor Pro Tempore Massey, Councilmember Armato PUBLIC COMMENT 1) Anthony Higgins 2) Geoff Hirsch RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 1. MINUTES: Approval of the following Closed Session minutes. • December 17, 2019 • January 8, 2020 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Management Association Unrepresented Employees 3. CONFERENCE WITH LEGAL COUNSEL: Pending 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. Name of Case: Dina Fangary v. City of Hermosa Beach, et al. Los Angeles County Superior Court, Case Number: 19STCP05134 City Council Minutes 3 of 3 City of Hermosa Beach 01-14-2020 ADJOURNMENT The meeting adjourned at 7:00 p.m. ____________________ Suja Lowenthal Acting City Clerk City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Agenda Tuesday, January 14, 2020 7:00 PM Closed Session – 5:30 PM Regular Meeting – 7:00 PM Council Chambers City Council Mayor Mary Campbell Mayor Pro Tem Justin Massey Councilmembers Hany S. Fangary Michael Detoy Stacey Armato City Council Minutes Page 2 of 8 City Of Hermosa Beach 1-14-2020 CALL TO ORDER The meeting was called to order at 7:15 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sarah Harper. CLOSED SESSION REPORT Meeting convened at 5:30pm in the Council Chambers and recessed to the 2nd Floor Conference Room for Closed Session. No reportable Actions were taken in Closed Session. ROLL CALL Present: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell ANNOUNCEMENTS Mayor Campbell made the following announcements: 1) On Saturday, January 18, 2020 from 8am-1pm at the Hermosa Beach City Hall parking lot, Athens Services will be providing document shredding services at No Cost to Hermosa Beach residents. 2) Also on Saturday, January 18, 2020 from 9am-3pm, a free household hazardous & electronic waste collection event will be held at Clark Stadium. Accepted waste includes: chemicals, e- waste, paints & solvents and sharps. This event is open to Los Angeles County residents. 3) Reminder that the City’s Annual Homeless Count will be held next week on Wednesday, January 22nd at 8pm here in Council Chambers. 4) A quick reminder that City Hall offices will be closed on Monday, January 20 in observance of the Martin Luther King Jr. Holiday. 5) The Hermosa Beach Community-Wide Garage Sale is back on Saturday, January 25, 2020 concurrent garage sales throughout the community will take place. APPROVAL OF AGENDA ACTION: Moved by Councilmember Armato and second by Mayor Pro Tempore Massey to approve the agenda as presented. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell PROCLAMATIONS / PRESENTATIONS a) LOCAL CONTEST WINNERS OF THE LOS ANGELES COUNTY PUBLIC LIBRARY 2019 CHILDREN’S BOOKMARK CONTEST Speakers: Dorothy Yost, Vice President of Friends of the Library Sarah Harper, Hermosa Beach Library Manager Mayor Campbell presented Certificates of Recognition to four youth residents who won the Los Angeles City Council Minutes Page 3 of 8 City Of Hermosa Beach 1-14-2020 County Public Library 2019 Children’s bookmark contest: K – 2nd grade winner: Ruby Mundell 3rd – 5th grade winner: Hugh Saetia 6th – 8th grade winner: Isla Mundell 9th – 12th grade winner: Kevin Bolsajian (absent) b) ANNOUNCEMENT OF THE 10TH ANNUAL PARKING PERMIT ART CONTEST WINNER Finance Director Viki Copeland announced Katrina Zawoski’s art design as the 10th annual parking permit art contest winner. c) RECOGNIZING MIKE FLAHERTY AND STEVE CRECY FOR THEIR SERVICE ON THE VETERANS MEMORIAL COMMITTEE Community Resources Senior Recreation Supervisor, Lisa Nichols introduced Mike Flaherty and Steve Crecy. Mayor Campbell presented them with Certificates of Recognition. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Lowenthal provided updates on the City’s new hires and recruitments. PUBLIC PARTICIPATION: The following individuals addressed the City Council: 1) Sarah Harper 2) Anthony Higgins 3) Craig Cadwallader 4) Eric Cahalan 5) Bob Higgins 6) Mick Gaglia 7) James Crawford 8) Mary Pitko 9) Margo Hershey 10) Doug Robins 11) Allen Duran 12) Don Feeney 13) Rosalind Bender 14) Jay Finder 15) Tobie McElrath 16) Alan Thomen 17) Kathie Stemig 18) Trent Larson 19) Chad Amerine 20) Carolyn Petty 21) Jason Direlios 22) Sheryl Main 23) Kelly Kovac 24) Billy Hallett 25) Jan Nguyen 26) lla Benally 1. ORAL AND WRITTEN COMMUNICATIONS: City Council Minutes Page 4 of 8 City Of Hermosa Beach 1-14-2020 a) WRITTEN COMMUNICATION Recommendation: Staff recommends that the City Council receive and file the written communication. ACTION: Moved by Mayor Pro Tempore Massey, seconded by Councilmember Armato to receive and file the written communication. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell 2. CONSENT CALENDAR: ACTION: Moved by Councilmember Armato and seconded by Mayor Pro Tempore Massey to approve (a) through (e) with Councilmember Detoy abstaining from approving minutes of meetings that were from before his time on the City Council (minutes of September 24, 2019 through November 12, 2019). AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell a) CITY COUNCIL MEETING MINUTES Recommendation: Staff recommends that the City Council approve the following minutes: 1. September 24, 2019 Regular Meeting 2. October 2, 2019 Adjourned Regular Meeting (Study Session) 3. October 2, 2019 Special Meeting (Closed Session) 4. October 8, 2019 Regular Meeting (Cancelled) 5. October 10, 2019 Adjourned Regular Meeting 6. October 22, 2019 Adjourned Regular Meeting (Hermosa Unplugged Event) 7. October 22, 2019 Regular Meeting 8. November 12, 2019 Regular Meeting 9. November 18, 2019 Adjourned Regular Meeting 10. November 21, 2019 Adjourned Regular Meeting 11. November 26, 2019 (Cancelled) 12. December 4, 2019 Special Meeting 13. December 10, 2019 Regular Meeting (Cancelled) 14. December 17, 2019 Adjourned Regular Meeting 15. January 8, 2020 Special Meeting (Closed Session) 16. SUPPLEMENTAL Written Communication from Howard Longacre b) CHECK REGISTERS (Finance Director Viki Copeland) Recommendation: Staff recommends that the City Council ratify the following check registers. c) ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF TUESDAY, DECEMBER 3, 2019 Recommendation: Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of Tuesday, City Council Minutes Page 5 of 8 City Of Hermosa Beach 1-14-2020 December 3, 2019. d) PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Ken Robertson) Recommendation: Staff recommends that the City Council receive and file the January 21, 2020 Planning Commission tentative future agenda items. e) REQUEST TO APPROVE TEMPORARY EMPLOYMENT AGREEMENT FOR INTERIM POLICE CHIEF SERVICES (Human Resources Manager Vanessa Godinez) Recommendation: Staff recommends that the City Council: 1. Adopt the attached resolution approving a temporary employment agreement to Michael McCrary for Interim Police Chief services; and 2. Authorize the Mayor to execute the temporary employment agreement. 3. CONSENT ORDINANCES a) ORDINANCE NO. 20-1402 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING THE POSITION OF APPOINTED CITY CLERK IN LIGHT OF THE PASSAGE OF CITY MEASURE CC AND ESTABLISHING THE CITY MANAGER AS APPOINTING AUTHORITY FOR THE CITY CLERK (City Manager Suja Lowenthal) Recommendation: Staff recommends that the City Council waive full reading and adopt by title Ordinance No. 20-1402. ACTION: Moved by Mayor Pro Tempore Massey and seconded by Councilmember Armato to waive full reading and adopt by title Ordinance No. 20-1402. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. None 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) CONSIDERATION OF A MUNICIPAL CODE AMENDMENT RELATED TO REGULATION FOR ACCESSORY DWEELING UNITS (JADU), AS MASDATED BY STATE LAW, AND DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Community Development Director Ken Robertson) Recommendation: Staff recommends that the City Council hold a public hearing and: 1. Adopt the attached urgency ordinance to amend the Hermosa Beach Municipal Code, thereby immediately establishing regulations for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) and determine the urgency ordinance is City Council Minutes Page 6 of 8 City Of Hermosa Beach 1-14-2020 exempt from the California Environmental Quality Act; and 2. Introduce on first reading the attached identical non-urgency ordinance to amend the Hermosa Beach Municipal Code, thereby establishing regulations for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) and determine the ordinance is exempt from the California Environmental Quality Act. ACTION: Moved by Councilmember Stacey Armato and seconded by Mayor Pro Tempore Justin Massey to: 1. Adopt the attached urgency ordinance to amend the Hermosa Beach Municipal Code, thereby immediately establishing regulations for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) and determine the urgency ordinance is exempt from the California Environmental Quality Act; and 2. Introduce on first reading the attached identical non-urgency ordinance to amend the Hermosa Beach Municipal Code, thereby establishing regulations for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) and determine the ordinance is exempt from the California Environmental Quality Act. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell b) TEXT AMENDMENT 20-1, CONSIDERATION OF AN AMENDMENT TO CHAPTER 5.78 “TOBACCO RETAILERS” OF TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT ISSUANCE OF NEW TOBACCO RETAILER LICENSES AND THE SALE OF ELECTRONIC SMOKING DEVICES AND DETERMINATION THAT THE AMENDMENT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Recommendation: Staff recommends that the City Council continue the public hearing to the January 28 meeting in order to provide staff additional time to reach out to all tobacco retailers and discuss with them Council's direction. ACTION: Moved by Mayor Pro Tempore Justin Massey and seconded by Councilmember Stacey Armato to approve continuing the public hearing to the January 28 meeting in order to provide staff additional time to reach out to all tobacco retailers and discuss with them Council's direction. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell 6. MUNICIPAL MATTERS a) APPROVAL OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION’S RECOMMENDED SPECIAL EVENT LONG-TERM AGREEMENT POLICY FOR A THREE-YEAR PILOT PROGRAM; AND AFFIRM THE COMMISSION’S REVIEW OF THE POLICY IN TWO YEARS (Community Resources Manager Kelly Orta) Recommendation: Staff recommends that the City Council: 1. Approve the Parks, Recreation and Community Resources Advisory Commission's recommended Special Event Long-term Agreement Policy for a three-year pilot program; and 2. Direct the Parks, Recreation and Community Resources Advisory Commission to review and provide City Council Minutes Page 7 of 8 City Of Hermosa Beach 1-14-2020 an update to Council on the policy in two years' time, in advance of entering into the Pilot Program's third and final year. ACTION: Moved by Councilmember Stacey Armato and seconded by Mayor Pro Tempore Justin Massey to approve the Parks, Recreation and Community Resources Advisory Commission's recommended Special Event Long-term Agreement Policy for a three-year pilot program; Direct the Parks, Recreation and Community Resources Advisory Commission to review and provide an update to Council on the policy in two years' time, in advance of entering into the Pilot Program's third and final year; and include Pets in the Park and Pumpkins in the Park as part of the agreement process. Spyder Surf Fest, Hearts of Hermosa and AVP agreements will be managed administratively by staff. Staff will continue to work with the Best Day foundation to host their events in Hermosa Beach. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell b) BROWN ACT DEMANDS FILED BY KEN HARTLEY AND JUSTIN LEDDEN PERTAINING TO SELECTION OF MAYOR AND MAYOR PRO TEMPORE (City Attorney Michael Jenkins) Recommendation: Staff recommends that the City Council consider allegations in the two attached letters and take action as Council deems appropriate. Councilmember Hany Fangary recused himself. The Following individuals addressed the City Council: 1) Bill Hallett A Majority of City Council supported to reconsider the selection of the Mayor similar to the reconsideration of the Mayor Pro Tempore at the December 4 meeting: a. Rescind the action taken on November 21, 2019, to select the Mayor b. Accept public comment c. Take nominations for Mayor d. Vote on selection of Mayor ACTION: Moved by Councilmember Stacey Armato and seconded by Mayor Mary Campbell to approve rescinding the action taken on November 21, 2019 of selecting Mayor Pro Tempore Mary Campbell as Mayor of Hermosa Beach. AYES: Councilmembers: Armato, Detoy, Mayor Pro Tempore Massey, Mayor Campbell RECUSE: Councilmembers: Fangary Mayor Pro Tempore Justin Massey opened up public comment. No one came forward. ACTION: Councilmember Stacey Armato nominated Councilmember Mary Campbell to be Mayor of Hermosa Beach. (There were no other nominations) AYES: Councilmembers: Armato, Detoy, Mayor Campbell, Mayor Pro Tempore Massey RECUSE: Councilmembers: Fangary City Council Minutes Page 8 of 8 City Of Hermosa Beach 1-14-2020 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) COUNCILMEMBER FANGARY REPORTS ON HIS ATTENDANCE AT THE CALIFORNIA CONTRACT CITIES ASSOCIATION (CCCA) SACRAMENTO LEGISLATIVE TOUR FROM JANUARY 6-8, 2020 Councilmember Fangary reported on his attendance at the California Contract Cities Association on January 6-8, 2020 focusing on housing/land use development, homelessness, community choice aggregation, public safety and water. b) UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Mayor Pro Tempore Massey reported on The Fire Station Construction subcommittee. . ACTION: Moved by Councilmember Stacey Armato and seconded by Mayor Pro Tempore Justin Massey to extent the meeting to 10:45 p.m. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell 8. OTHER MATTERS - CITY COUNCIL a) TENTATIVE FUTURE AGENDA ITEMS Recommendation: Staff recommends that the City Council receive and file the tentative future agenda items. ACTION: Moved by Mayor Pro Tempore Justin Massey, seconded by Councilmember Stacey Armato to receive and file the tentative future agenda. AYES: Councilmembers: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell ADJOURNMENT Mayor Campbell adjourned the meeting at 10:37pm to Tuesday, January 28, 2020 for Closed Session at 6:00pm followed by Open Session at 7:00pm in the Council Chambers. The meeting was adjourned in honor of Ken Marks, a Vietnam Veteran and Maria Furzer, co-owner of Pet Mart in Hermosa Beach. Both were valued members of the community. ____________________________ Suja Lowenthal Acting City Clerk City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0128 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 2/20/2020 2.Check Register 2/27/2020 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ 02/20/2020 Check Register CITY OF HERMOSA BEACH 1 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94086 2/20/2020 ADMINSURE, INC.13055 GEN/AUTO LIABILITY CLAIMS ADMIN/MAR2004715 705-1209-4201 1,400.00 Total : 1,400.0004715 94087 2/20/2020 ARMATO, STACEY PO 34701/TR 835 REIMB/INDEPEND CITY ASSOC WINTER SEMINAR20015 001-1101-4317 440.60 Total : 440.6020015 94088 2/20/2020 AT&T 310 796-6526 991 3 PD COMPUTER CIRCUITS/FEB2000321 001-2101-4304 123.41 Total : 123.4100321 94089 2/20/2020 AT&T MOBILITY 287016141723X0214202 PW ADMIN/FANGARY/CELL PHONES/JAN2013361 001-4202-4304 117.91 001-1101-4304 58.95 Total : 176.8613361 94090 2/20/2020 ATHENS SERVICES 7901019 CITYWIDE PORTER SERVICES/JAN2016660 001-3301-4201 10,581.08 001-3104-4201 15,877.58 001-6101-4201 1,554.59 001-3304-4201 1,457.95 CITYWIDE STEAM CLEANING/JAN207901019A 001-3301-4201 3,737.50 001-3304-4201 213.85 001-3104-4201 428.28 CITYWIDE STEAM CLEANING/JAN207901019B 001-3301-4201 8,077.61 001-3104-4201 477.97 001-3304-4201 764.74 Total : 43,171.1516660 94091 2/20/2020 ATHENS SERVICES 7951650 PD SHREDDING SERVICES/FEB2016660 001-2101-4309 48.88 Total : 48.8816660 94092 2/20/2020 CALIFORNIA COASTAL COALITION 2576 MEMEBERSHIP RENEWAL/FEB20-JAN2109269 001-1101-4315 750.00 2b (1) 02/20/2020 Check Register CITY OF HERMOSA BEACH 2 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 750.00 94092 2/20/2020 CALIFORNIA COASTAL COALITION09269 94093 2/20/2020 CAMPBELL, MARY PO 34703/TR 819 REIMB/US CONF OF MAYORS WINTER MEET20828 001-1101-4317 896.33 Total : 896.3320828 94094 2/20/2020 CLEAN ENERGY CE12272223 COMPRESSED NATURAL GAS/VEHICLES/JAN2009694 715-2601-4310 42.09 715-6101-4310 39.99 715-3109-4310 36.36 715-4601-4310 24.40 Total : 142.8409694 94095 2/20/2020 COMMLINE, INC.0201813-IN 9 PORTABLE RADIOS & 1 BATTERY CHARGER20786 150-2120-4201 58,463.03 150-2120-4201 5,176.97 Total : 63,640.0020786 94096 2/20/2020 CREATIVE DESIGN ASSOCIATES INC 3223 ON-CALL CASP SERVICES/AUG19-OCT1920511 301-8609-4201 17,756.25 Total : 17,756.2520511 94097 2/20/2020 DEPARTMENT OF JUSTICE 430856 MAT REQ 874670/FINGERPRINTING/JAN2000364 001-1203-4201 128.00 Total : 128.0000364 94098 2/20/2020 DEWEY PEST CONTROL Account 759408 PEST CONTROL/CITY BUILDINGS/FEB2011449 001-4204-4201 694.00 Total : 694.0011449 94099 2/20/2020 DUNCAN SOLUTIONS, INC.DS0000005248 CITATION PAYMENT SYSTEM FEES/JAN2020668 001-1204-4201 5,447.64 Total : 5,447.6420668 94100 2/20/2020 EVERBRIDGE, INC.M46966 EMERGENCY NOTIFICATION SYS/MAR20-FEB2119114 001-1201-4201 10,221.00 Total : 10,221.0019114 94101 2/20/2020 FJR PACIFIC, INC.22128 CITYWIDE A/C QUARTERLY MAINT/JAN2021217 001-4204-4201 1,750.00 02/20/2020 Check Register CITY OF HERMOSA BEACH 3 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,750.00 94101 2/20/2020 FJR PACIFIC, INC.21217 94102 2/20/2020 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/FEB2019884 001-3302-4304 73.22 001-2101-4304 715.39 001-4204-4321 228.48 001-4202-4304 59.47 001-4201-4304 168.07 001-3304-4304 62.03 001-1204-4304 57.36 PD COMPUTER CIRCUITS/FEB20209-190-0013-1206175 001-2101-4304 892.04 JAIL AREA BREATHALYZER/FEB20310-318-9210-0827185 001-2101-4304 69.13 CHAMBERS EOC ANALOG LINES/FEB20310-318-9800-1204155 715-1206-4304 1,429.08 PERSONNEL FAX LINE/FEB20310-372-6373-0311045 001-1203-4304 57.43 FIBER OPTIC LINE/MAR20323-155-6779-0822065 715-1206-4201 215.98 Total : 4,027.6819884 94103 2/20/2020 GAGLIA, MICK TR 837 PER DIEM/SHERMAN BLOCK SUPERVISE 8 OF 810306 001-2101-4312 150.00 Total : 150.0010306 94104 2/20/2020 GATES, GEORGE H Parcel 4188-012-089 STREET LIGHT PROPERTY TAX REBATE21346 105-3105 24.61 Total : 24.6121346 94105 2/20/2020 HONDA MD INC, STEPHAN T 00104761 DETAINEE BLOOD DRAWS/JAN2015141 001-2101-4201 375.80 Total : 375.8015141 94106 2/20/2020 IPS GROUP INC 48556 5 PARKING METER COLLECTION KEYS19314 001-3302-4309 162.40 001-3302-4309 13.78 Total : 176.1819314 94107 2/20/2020 JOHNSON, VICTORIA TR 839 PER DIEM/ADULT CORRECTIONS CORE COURSE21587 02/20/2020 Check Register CITY OF HERMOSA BEACH 4 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94107 2/20/2020 (Continued)JOHNSON, VICTORIA21587 001-2101-4313 375.00 Total : 375.0021587 94108 2/20/2020 LEAGUE OF CALIFORNIA CITIES 628220 MEMBERSHIP/JAN20-DEC2000842 001-1101-4315 7,105.00 Total : 7,105.0000842 94109 2/20/2020 LEAN ARCH, INC.Receipt 001-00753263 REFUND BUSINESS LICENSE 0112437521645 001-3115 319.00 001-3879 18.00 001-6851 4.00 Total : 341.0021645 94110 2/20/2020 MANHATTAN BEACH TOYOTA 393414 TOT VEHICLE 54/MIRROR ASSEMBLY & COVER~21517 715-3302-4311 264.50 Total : 264.5021517 94111 2/20/2020 MERCHANTS LANDSCAPE SERVICES 54490 CITYWIDE LANDSCAPING/MEDIANS/JAN2018071 105-2601-4201 3,600.00 CITYWIDE LANDSCAPING/PARKS/JAN2055489 001-6101-4201 21,200.00 Total : 24,800.0018071 94112 2/20/2020 OPENGOV INC INV-004027 BUDGET SOFTWARE SUBSCRIP/JAN20-DEC2019485 001-1202-4201 29,495.00 Total : 29,495.0019485 94113 2/20/2020 ORANGE COUNTY SHERIFF'S DEPT.TR 839 JOHNSON/ADULT CORRECTIONS CORE COURSE20884 001-2101-4313 499.00 Total : 499.0020884 94114 2/20/2020 PACIFIC FLOOR CO 6333 COMM CTR GYM FLOOR RESURFACING18714 001-4601-4201 2,436.00 Total : 2,436.0018714 94115 2/20/2020 PORTERS ALIGNMENT, INC 10104 MAT REQ 309059/VEHICLE 76 ALIGNMENT03910 715-6101-4311 181.43 MAT REQ 309060/VEHICLE 77 ALIGNMENT10119 715-4204-4311 165.00 02/20/2020 Check Register CITY OF HERMOSA BEACH 5 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 346.43 94115 2/20/2020 PORTERS ALIGNMENT, INC03910 94116 2/20/2020 PSYCHOLOGICAL CONSULTING ASSOC 523881 POLICE OFFICER PRE-EMPLOYMENT EVALUATION19904 001-2101-4201 400.00 Total : 400.0019904 94117 2/20/2020 RED SECURITY GROUP, LLC 59314 PDK LOCK SYSTEM INSTALL FOR PD13255 301-8614-4201 5,528.71 Total : 5,528.7113255 94118 2/20/2020 REDONDO GLASS INC PO 34583 COMM CTR BALLET MIRROR REPLACEMENT19479 001-4204-4201 221.00 001-4204-4201 21.00 Total : 242.0019479 94119 2/20/2020 ROLLING HILLS ESTATES, THE CITY OF 4090 (TR 833)FANGARY/CA CONTRACT CITY DINNER21230 001-1101-4317 141.29 Total : 141.2921230 94120 2/20/2020 SOUTHLAND FIRE ALARM GROUP INC 3147917 ANNUAL FIRE ALARM INSPECTION AT JAIL16339 001-2101-4309 340.00 Total : 340.0016339 94121 2/20/2020 SPCALA 2020-0131 ANIMAL SHELTERING SERVICES/JAN2018821 001-3302-4201 575.00 Total : 575.0018821 94122 2/20/2020 SPECIALIZED ELEVATOR SERVICES 7483 ELEVATOR MAINTENANCE/CITY HALL/FEB2021538 001-4204-4201 151.20 ELEVATOR MAINT/PARKING STRUCTUREL/FEB207484 001-4204-4201 151.20 Total : 302.4021538 94123 2/20/2020 SPECTRUM BUSINESS 0049969021120 PD/CABLE/FEB2020236 001-2101-4201 72.09 Total : 72.0920236 94124 2/20/2020 TABOR, ROBERTA L Parcel 4169-037-007 STREET LIGHT PROPERTY TAX REBATE21647 105-3105 24.61 02/20/2020 Check Register CITY OF HERMOSA BEACH 6 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 24.61 94124 2/20/2020 TABOR, ROBERTA L21647 94125 2/20/2020 TORRANCE AUTO PARTS 240552 to 241793 AUTO REPAIR/MAINTENANCE PARTS/JAN2016735 715-2101-4311 97.91 715-3104-4311 17.83 715-3302-4311 442.35 Total : 558.0916735 94126 2/20/2020 TRUGREEN CHEMLAWN 115561727 FERTILIZE PALMS ON PIER AVE10155 001-3301-4201 992.00 FERTILIZE PIER PLAZA PALMS115567701 001-3301-4201 665.38 Total : 1,657.3810155 94127 2/20/2020 V AND V MANUFACTURING 50116 NEW PSO SUPERVISOR BADGE NO. 401938 001-2101-4314 115.95 001-2101-4314 10.16 CLEAN & REFURBISH SERGEANT BADGE NO. 550216 001-2101-4314 25.95 001-2101-4314 11.47 Total : 163.5301938 94128 2/20/2020 VAN LINGEN TOWING 12974 TOW CRAWLER FROM BEACH TO YARD15485 715-3109-4201 283.50 Total : 283.5015485 94129 2/20/2020 VERIZON WIRELESS LA 9848155254 COMM DEV/CELL PHONES/JAN2003209 001-4201-4304 163.49 EMERGENCY MANAGER CELL PHONE/JAN209848204500 001-1201-4304 53.96 Total : 217.4503209 94130 2/20/2020 WITTMAN ENTERPRISES LLC 1912062 AMBULANCE TRANSPORT BILLING/DEC1913359 001-1202-4201 4,848.12 Total : 4,848.1213359 201274151 2/13/2020 ADMINSURE AS AGENT FOR THE 2/20/20 Check Run WORK COMP CLAIMS REIMB/JAN2014691 705-1217-4324 4,959.88 Total : 4,959.8814691 02/20/2020 Check Register CITY OF HERMOSA BEACH 7 4:58:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 2023210682 2/13/2020 ADMINSURE AS AGENT FOR THE 2/20/20 Check Run WORK COMP CLAIMS REIMB/JAN2014691 705-1217-4324 2,450.49 Total : 2,450.4914691 Bank total : 239,967.70 47 Vouchers for bank code :boa 239,967.70Total vouchers :Vouchers in this report 47 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 7 inclusive, of the check register for 2/20/2020 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/2/2020 02/27/2020 Check Register CITY OF HERMOSA BEACH 1 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94131 2/27/2020 AMERICAN GUARD SERVICES, INC. 239327-1 CROSSING GUARD SERVICES/JAN2020685 001-2102-4201 16,448.50 Total : 16,448.5020685 94132 2/27/2020 BARROWS, PATRICK PO 34720 INSTRUCTOR PAYMENT/CLASS NO. 846017271 001-4601-4221 612.50 Total : 612.5017271 94133 2/27/2020 BEST BEST & KRIEGER LLP 569159 CITY ATTORNEY/NORTH SCHOOL MOU/JAN2020942 001-1131-4201 392.70 CITY ATTORNEY SERVICES/GENERAL/JAN20869158 001-1131-4201 13,146.10 CITY ATTORNEY SERVICES/INFILTRATION/JAN2869160 001-1131-4201 336.60 ATTORNEY/GREENWICH UNGDERGROUND/JAN20869161 001-2133 187.00 ATTORNEY/PUBLIC RECORDS REQUESTS/JAN20869162 001-1131-4201 8,969.20 CITY ATTORNEY SERVICES/LAND USE/JAN20869163 001-1131-4201 6,657.20 CITY ATTORNEY SERVICES/CROSSFIT/JAN20869164 705-1133-4201 8,743.25 CITY ATTORNEY SERVICES/ROTH V TRAN/JAN20869165 705-1133-4201 990.60 CITY ATTORNEY/HERMOSA FITNESS/JAN20869166 705-1133-4201 2,576.50 CITY ATTORNEY SERVICES/FANGARY/JAN20869167 705-1133-4201 5,014.15 CITY ATTORNEY SERVICES/PITCHESS/JAN20869168 001-1131-4201 1,955.24 CITY ATTORNEY SERVICES/PERSONNEL/JAN20869169 001-1203-4201 2,065.97 Total : 51,034.5120942 94134 2/27/2020 BLUMENFIELD, DALTON PO 34721 REIMB/ACADEMY UNIFORM/EQUIPMENT21651 001-2101-4314 412.68 Total : 412.6821651 2b (2) 02/27/2020 Check Register CITY OF HERMOSA BEACH 2 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94135 2/27/2020 CDWG WTG1837 MAT REQ 874125/TONER FOR RECORDS09632 001-2101-4305 507.37 Total : 507.3709632 94136 2/27/2020 CONTINENTAL MAPPING SERVICE 21720 PUBLIC NOTICES/CYPRESS DISTRICT/FEB2020398 001-4101-4201 1,000.00 Total : 1,000.0020398 94137 2/27/2020 COUNTY OF LOS ANGELES RE-PW-20021004048 ARTESIA BLVD TRAFFIC SIGNAL MAINT/JAN2000879 001-3104-4251 418.09 Total : 418.0900879 94138 2/27/2020 FEDERAL EXPRESS CORP 6-935-42956 2 SHIPMENTS TO M6 CONSULTING~01962 001-4202-4305 119.19 Total : 119.1901962 94139 2/27/2020 FRONTIER 310-372-6186-0831895 2ND FL CITY HALL CANON FAX 2/16-3/15/2019884 001-1121-4304 12.22 001-1141-4304 12.22 001-1201-4304 12.22 001-1202-4304 12.22 001-1203-4304 12.21 EOC LANDLINES/MAR20310-379-0652-1216195 001-1201-4304 60.07 Total : 121.1619884 94140 2/27/2020 HB CHAMBER OF COMMERCE PO 34716 ST PATRICK DAY PARADE REGISTR/COUNCIL/CM13932 001-1101-4319 400.00 Total : 400.0013932 94141 2/27/2020 IPS GROUP INC 48645 PARKING METER WIRELESS/CC FEES/JAN2019314 001-3305-4201 829.45 001-3304-4201 915.80 001-3302-4201 10,531.15 Total : 12,276.4019314 94142 2/27/2020 JOHNSON, VICTORIA PO 34742 TUITION REIMB/FALL '19/SPRING '2021587 001-2101-4317 6,714.82 Total : 6,714.8221587 02/27/2020 Check Register CITY OF HERMOSA BEACH 3 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94143 2/27/2020 MERCHANTS LANDSCAPE SERVICES 55620 PLANTING OF 50 TREES ON THE GREENBELT18071 125-8546-4201 4,750.00 Total : 4,750.0018071 94144 2/27/2020 MONTROSE AND ASSOCIATES INC 25916 7" MONITOR/TROUBLESHOOT FLASHING/FEB2013791 715-4204-4201 1,198.50 Total : 1,198.5013791 94145 2/27/2020 PARS 44878 ALT RETIRE PLAN ADMIN FEES/DEC1914693 001-1101-4185 15.08 001-1204-4185 1.42 001-3302-4185 6.99 001-4204-4185 13.09 001-4101-4185 14.61 001-4201-4185 14.61 001-4601-4185 234.20 Total : 300.0014693 94146 2/27/2020 PEP BOYS 8141075022 to 5609 VEHICLE REPAIR/MAINT SUPPLY 1/28-2/20/2000608 715-2101-4311 93.96 715-3104-4311 82.30 715-3302-4311 125.70 715-4206-4309 88.42 Total : 390.3800608 94147 2/27/2020 PETTY CASH PO 34713 PETTY CASH/JAN20-FEB20/S. SMITH REIMB18547 001-1201-4305 22.66 001-2101-4305 34.89 001-3301-4309 147.82 001-3302-4201 62.54 001-3302-4305 64.23 001-4105-4201 97.14 001-4202-4317 70.00 170-2105-4201 40.00 170-2105-5401 41.45 715-2101-4311 32.92 715-4206-4309 22.75 001-2101-4317 79.78 02/27/2020 Check Register CITY OF HERMOSA BEACH 4 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 716.18 94147 2/27/2020 PETTY CASH18547 94148 2/27/2020 PROVIDENCE MEDICAL GuarantorID600000284 REQ 874672/PRE-EMPLOY PHYSICAL/JAN2001911 001-1203-4320 188.00 PRE-EMPLOYMENT PHYSICAL/JAN20~GuarantorID600000285 001-1203-4320 35.00 Total : 223.0001911 94149 2/27/2020 RED SECURITY GROUP, LLC 65503 MAT REQ 309062/YARD OFFICE KEYS (3)13255 001-4204-4309 16.43 Total : 16.4313255 94150 2/27/2020 SAFETY-KLEEN SYSTEMS, INC.82300627 REMOVAL OF 3 DRUMS OF PAINT WASTE03428 001-3104-4201 1,091.00 Total : 1,091.0003428 94151 2/27/2020 SBCU VISA 00A0034513168 CC PD DRINKING WATER 12/13/19-1/12/2003353 001-2101-4305 153.70 BREAKFAST FOR ORAL BOARDS2 Receipts CC 001-1203-4201 22.45 2 PASSES FOR HOLIDAY PARTY DOOR PRIZES73297923&73321778 CC 001-1101-4319 417.98 PIER PLAZA CLOCK REPAIR PARTS827012 CC 001-3301-4309 129.36 001-3301-4309 12.13 DISPUTED CHARGE TO BE REFUNDEDDisputed Charge CC 001-2101-4305 10.00 DISPUTED CREDIT CARD CHARGEDisputed Charge CC 001-1201-4305 0.01 CONFERENCE LINE/DEC19IC30411-1219 CC 001-1201-4304 90.45 THEATRE/BELT ANTENNA & CABLE FOR SOUNDOrder 1060896506 CC 001-4601-4308 276.87 EXPLOSIVE SCENT TRAINING AIDS/K9 OFFICEROrder 208027A CC 170-2105-5401 2,732.67 JOB AD/PUBLIC WORKS SUPERINTENDENTOrder 22292 CC 001-1203-4201 325.00 WATER FILTER FOR JAIL REFRIGERATOROrder CP-11318187 CC 001-2101-4306 46.71 02/27/2020 Check Register CITY OF HERMOSA BEACH 5 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94151 2/27/2020 (Continued)SBCU VISA03353 001-2101-4306 4.44 CHAPLAIN NYBACK/MEMBERSHIPPO 34422 CC 001-2101-4315 125.00 OFFICER JR SMITH/BUSINESS CARDSPO 34426 CC 001-2101-4305 31.93 CITY-RELATED EVENT ADS 12/10/19-1/10/20PO 34499 CC 001-1201-4201 64.21 INK/CALENDARS/NOTEBOOKS/SPEAKERSPO 34502 CC 001-4202-4305 214.98 001-4202-4305 20.39 2 SEA LEVEL RISE VIRTUAL REALITY HEADSETPO 34512 CC 150-4107-4201 998.00 150-4107-4201 94.81 BED FOR K9 OFFICER'S STATION DOG HOUSEPO 34522 CC 170-2105-4309 69.85 170-2105-4309 6.64 NEW YEAR'S EVE DEPLOYMENT/FOODPO 34525 CC 001-2101-4305 629.08 NEW YEAR'S EVE DEPLOYMENT/COFFEEPO 34527 CC 001-2101-4305 71.80 NEW YEAR'S EVE DEPLOYMENT/ICEPO 34530 CC 001-2101-4305 11.98 001-2101-4305 1.14 SEALANT/PARKING SPACE COUNTER HOOPSPO 34537 CC 001-3104-4309 41.07 001-3104-4309 36.27 001-3104-4309 500.40 TUBING TO COVER COMPUTER CABLESPO 34538 CC 001-2101-4305 13.75 001-2101-4305 1.31 ANNUAL AGENCY MEMBERSHIPPO 34539 CC 001-2101-4315 100.00 CASHIERING/THERMAL REGISTER RECEIPT ROLLPO 34544 CC 001-1204-4305 159.88 DOG FOOD FOR K9 OFFICERPO 34545 CC 001-2101-4309 44.92 FRANCO/MEMBERSHIP/JAN20-DEC20PO 34550 CC 001-2101-4315 100.00 02/27/2020 Check Register CITY OF HERMOSA BEACH 6 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94151 2/27/2020 (Continued)SBCU VISA03353 CAT6 CABLE FOR EOC PHONESPO 34562 CC 001-4204-4309 209.99 001-4204-4309 19.95 CLIPPER TAGS FOR ROLLED PLANSPO 34563 CC 001-4101-4305 61.20 001-4101-4305 5.81 HANAOKA/AUTO REPAIR CERTIFICATIONPO 34566 CC 001-4202-4317 441.00 5 SANDISK 16 GB MEMORY FLASHDRIVESPO 34596 CC 001-2101-4305 21.98 001-2101-4305 2.09 SENIOR CENTER MOVIE RENTAL/JAN20PO 34632 CC 001-4601-4328 1.80 001-4601-4328 0.17 2018-19 CAFR AWARD PROGRAM FEEPO 34704 CC 001-1202-4201 460.00 150 COUNCIL NEW YEARS GREETING CARDSPO 34717 CC 001-1101-4305 30.52 001-1101-4305 333.49 GALA TICKETS/LOWENTHAL/MASSEY/ARMATOPO 34748 CC 001-1101-4319 220.00 SENIOR CENTER MUSIC SUBSCRIPTION/JAN20Printout CC 001-4601-4328 9.99 ROBERTSON/TALK ABOUT PRIVILEGE TRAININGReceipt 3125927 CC 001-4101-4317 30.00 COMM POLICE ADVISORY BOARDReceipt CC 001-3302-4201 120.66 CITY MGR/COMM DEV STAFF MEETING FOODReceipt CC 001-1201-4305 105.80 CITY COUNCIL MEETING DINNERReceipt CC 001-1101-4305 280.00 CM LUNCH MEET W/PW DIRECTORSReceipt CC 001-1201-4305 70.00 COUNCIL MEETING DINNERReceipt CC 001-1101-4305 163.02 ICA BOARD MEETING FOOD TO BE REIMBReceipt/Email CC 001-1101-4305 205.86 LOWENTHAL/LEAGUE CA CITIES CM CONFTR 811 CC 02/27/2020 Check Register CITY OF HERMOSA BEACH 7 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94151 2/27/2020 (Continued)SBCU VISA03353 001-1201-4317 201.80 CAMPBELL/US CONF OF MAYORS WINTER MEETTR 819 CC 001-1101-4317 1,100.07 ORTA/CPRS DIRECTOR'S ACADEMYTR 830 CC 001-4601-4317 0.02 GAGLIA/SHERMAN BLOCK SUPERVISORYTR 832 CC 001-2101-4312 464.89 FANGARY/SACRAMENTO LEGISLATIVE TOURTR 833 CC 001-1101-4317 203.53 DETOY/LEAGUE CA CITY NEW COUNCIL ACADEMYTR 836 CC 001-1101-4317 169.80 DETOY/LEAGUE CA CITY NEW COUNCIL ACADEMYTR 836 CC 001-1101-4317 448.66 TIPAN/CONFERENCE REGISTRATIONTR 838 CC 001-2101-4317 675.00 TWO ORAL BOARD LUNCHES/JAN20Two Receipts CC 001-1203-4201 240.96 Total : 13,857.2403353 94152 2/27/2020 SIERRA GROUP 125745 CONNECT SUBSTATION MONITOR/DOWNTOWN CAMS19150 001-8674-4201 632.13 Total : 632.1319150 94153 2/27/2020 SOLID WASTE ASSOCIATION OF NOR 2021-1711114 GIBSON/MEMBERSHIP/FEB20-JAN2119306 001-4202-4315 194.00 Total : 194.0019306 94154 2/27/2020 SOUTHERN CALIFORNIA EDISON CO 2-29-332-0750 ELECTRICITY/FEB2000159 105-2601-4303 109.41 Total : 109.4100159 94155 2/27/2020 SPECIALIZED ELEVATOR SERVICES 5605 ELEVATOR MAINT/PARKING STRUCTURE/JAN2021538 001-4204-4201 151.20 ELEVATOR MAINT/PARKING STRUCTURE/NOV197077 001-4204-4201 144.00 ELEVATOR MAINT/PARKING STRUCTURE/DEC197078 001-4204-4201 144.00 02/27/2020 Check Register CITY OF HERMOSA BEACH 8 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 439.20 94155 2/27/2020 SPECIALIZED ELEVATOR SERVICES21538 94156 2/27/2020 SPECTRUM BUSINESS 0088884021620 PW YARD/CABLE/FEB2020236 001-4202-4201 129.71 CITY HALL BACKUP INTERNET/MAR200241699021720 715-1206-4201 96.41 1301 HERMOSA/540 PIER CONNECT/MAR200402150021720 001-2101-4304 784.48 Total : 1,010.6020236 94157 2/27/2020 SPIDR TECH INC 1030 COMM RELATION SOFTWARE ANNUAL SUBSCRIP20984 001-2101-4201 11,286.00 Total : 11,286.0020984 94158 2/27/2020 SPRINT 551834312-218 COMM RES/CELL PHONES/JAN2010098 001-4601-4304 162.14 Total : 162.1410098 94159 2/27/2020 SUNSTATE EQUIPMENT COMPANY 8337096-001 CLARK FIELD LIGHT REPAIR/BOOM LIFT RENTA14019 001-3104-4201 2,229.05 001-3104-4201 162.64 Total : 2,391.6914019 94160 2/27/2020 SUZUKI, GARY PO 34736 REIMB/ACADEMY UNIFORM/EQUIPMENT21650 001-2101-4314 373.89 Total : 373.8921650 94161 2/27/2020 THE ECOHERO SHOW LLC 1301 ENVIRON EDU SCHOOL PRESENT/SEP1921281 150-3102-4201 863.41 ENVIRON EDU SCHOOL PRESENT/DEC191388 150-3102-4201 863.41 Total : 1,726.8221281 94162 2/27/2020 TRIANGLE HARDWARE 218744 to 309071 MAINTENANCE SUPPLIES/FEB2000123 001-3104-4309 314.77 001-3302-4309 479.45 001-4204-4309 487.30 001-6101-4309 438.37 105-2601-4309 869.58 001-2021 64.42 02/27/2020 Check Register CITY OF HERMOSA BEACH 9 5:46:28PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 94162 2/27/2020 (Continued)TRIANGLE HARDWARE00123 001-2022 -64.42 715-4206-4309 66.49 Total : 2,655.9600123 94163 2/27/2020 UPS 000023R146080 REQ 479119/SHIP BADGE FOR REFURBISHING14148 001-2101-4305 8.86 Total : 8.8614148 94164 2/27/2020 VCA COAST ANIMAL HOSPITAL 401441480 K9 OFFICER VET CARE/MEDICATION/FEB2009672 170-2105-4201 95.40 Total : 95.4009672 94165 2/27/2020 VERIZON WIRELESS LA 9488509528 PD TRUNK MODEMS/FEB2003209 001-2101-4304 418.11 Total : 418.1103209 94166 2/27/2020 YANG, ANN PO 34708 REIMB/COUNCIL MEETING DINNER/FEB2018707 001-1101-4305 157.70 001-1101-4305 12.61 Total : 170.3118707 94167 2/27/2020 YOUNGBLOOD AND ASSOCIATES, ERVIN L 1113A EMPLOYEE BACKGROUND POLYGRAPH/JAN2019574 001-2101-4201 350.00 EMPLOYEE BACKGROUND POLYGRAPH/FEB201124A 001-2101-4201 350.00 Total : 700.0019574 202374470 2/27/2020 J P MORGAN 2/27/20 Check Run BEACH DR ASSESS DIST BOND INT PMT14299 611-2252 3,341.26 Total : 3,341.2614299 2023946285 2/20/2020 ADMINSURE AS AGENT FOR THE 2/27/20 Check Run WORK COMP CLAIMS REIMB/FEB2014691 705-1217-4324 3,485.82 Total : 3,485.8214691 Bank total : 141,809.55 39 Vouchers for bank code :boa 141,809.55Total vouchers :Vouchers in this report 39 02/27/2020 Check Register CITY OF HERMOSA BEACH 10 5:46:28PM 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 10 inclusive, of the check register for 2/27/2020 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/2/2020 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0134 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2020 Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020. Attachments: Minutes of February 4, 2020 Approved: Kelly Orta, Community Resources Manager City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Tuesday, February 4, 2020 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Jani Lange Lauren Pizer Mains Jessica Guheen Barbara Ellman Traci Horowitz Parks, Recreation and Community Resources Advisory Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org Written materials distributed to the Parks, Recreation and Community Resources Advisory Commission within 72 hours of the meeting are available for public inspection immediately upon distribution in the Community Resources Department during norm al business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Present: Commissioners Lange, Pizer Mains, Guheen, Ellman, and Horowitz. Recreation Coordinator Kambria Vint and Community Resources Manager Kelly Orta. 4. Announcements 5. Presentations A. None 6. Miscellaneous Items and Reports – Community Resources Manager A. Updates Regarding Items Previously on the Commission’s Agenda B. 2020 Special Event Calendar 7. Public Comment Anyone wishing to address the Commission on items pertaining to parks and recreation that are not listed on the agenda may do so at this time. The Brown Act generally prohibits the Commission from taking action on any matter not listed on the posted agenda. Comments from the public are limited to three minutes per speaker. Please sign your name on the sign-in sheet at the conclusion of your comments. Coming forward to address the Commission at this time: (00:20:55) Brian Zerbel, Hermosa Beach resident Gail Rose, Hermosa Beach resident Tracey Tozer, Hermosa Beach resident Pablo Salguero, Hermosa Beach resident 8. Correspondence A. None 9. Consent Calendar A. Approval of the Regular Meeting Action Minutes of January 7, 2020 B. Approval of the Addition of the Hermosa Beach Chamber of Commerce’s “Sidewalk Sales” to the 2020 Special Event Calendar on the following dates: Saturday, March 14; Friday, April 24 to Sunday, April 26; Friday, July 31 to Sunday, August 2; and Saturday, December 5 at Various Downtown Locations C. Approval of the Addition of the Hermosa Beach Chamber of Commerce’s “Downtown Hermosa Beach Holiday Stroll” to the 2020 Special Event Calendar on Saturday, November 21 at Various Locations Downtown Commissioner Guheen pulled Items A and B. Commissioner Pizer-Mains pulled Item C. 10. Items Removed from the Consent Calendar for Separate Discussion A. Approval of the Regular Meeting Action Minutes of January 7, 2020 Motion by Commissioner Ellman to approve Item A with the change that Commissioner Guheen arrived eight minutes forty-two seconds late to the regular Commission meeting on January 7, 2020. Commissioner Horowitz seconded the motion. Motion passed with a 5-0 vote. B. Approval of the Addition of the Hermosa Beach Chamber of Commerce’s “Sidewalk Sales” to the 2020 Special Event Calendar on the following dates: Saturday, March 14; Friday, April 24 to Sunday, April 26; Friday, July 31 to Sunday, August 2; and Saturday, December 5 at Various Downtown Locations Coming forward to address the Commission at this time: (00:35:50) Rachel Vonds, Hermosa Beach Chamber of Commerce representative Motion by Commissioner Horowitz to approve the Hermosa Beach Chamber of Commerce’s “Sidewalk Sales” to the 2020 Special Event Calendar on the following dates: Saturday, March 14; and Friday, July 31 to Sunday, August 2; at Various Downtown Locations and to continue the discussion regarding the Friday, April 24 to Sunday, April 26 and Saturday, December 5 dates to the March 2 Commission meeting. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. C. Approval of the Addition of the Hermosa Beach Chamber of Commerce’s “Downtown Hermosa Beach Holiday Stroll” to the 2020 Special Event Calendar on Saturday, November 21 at Various Locations Downtown Coming forward to address the Commission at this time: (01:00:14) Rachel Vonds, Hermosa Beach Chamber of Commerce representative Motion by Commissioner Horowitz to approve approval of the Addition of the Hermosa Beach Chamber of Commerce’s “Downtown Hermosa Beach Holiday Stroll” to the 2020 Special Even t Calendar on Saturday, November 21 as a Sidewalk Sale until the Chamber returns at a subsequent meeting with additional ideas. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Commissioner Guheen abstained. 11. Public Hearings A. Approval of the Addition of “AEG Sports Beach Rugby Los Angeles Invitational” to the 2020 Special Event Calendar on Friday, February 28, 2020 on the Beach South of the Pier. Recommendation: Staff recommends that the Commission hold a Public Hearing to recommend the City Council’s approval of AEG’s request to hold “AEG Sports Beach Rugby Los Angeles Invitational” on the beach south of the Pier on Friday, February 28, 2020. Coming forward to address the Commission at this time: (01:18:56) Steve Albrecht and Frank Palumbo, AEG Sports Representatives Coming forward to address the Commission at this time: (01:36:49) Mark Paaluhi, Hermosa Beach resident Motion by Commissioner Ellman to approve the Addition of “AEG Sports Beach Rugby Los Angeles Invitational” to the 2020 Special Event Calendar on Friday, February 28, 2020 on the Beach South of the Pier. Commissioner Guheen seconded the motion. Motion passed with a 5-0 vote. B. Approval of the Addition of “Sand Court Experts Collegiate Fall Classic” to the 2020 Special Event Calendar from Friday, November 6 to Sunday, November 8 on the Beach Volleyball Courts North of the Pier. Recommendation: Staff recommends that the Commission hold a Public Hearing to recommend the City Council’s approval of Sand Court Experts’ requ est to hold “Sand Court Experts Collegiate Fall Classic” on the beach volleyball courts north of the Pier from Friday, November 6 to Sunday, November 8, 2020. Coming forward to address the Commission at this time: (01:40:30) Mark Paaluhi, USA Volleyball representative Motion by Commissioner Guheen to approve the Addition of “Sand Court Experts Collegiate Fall Classic” to the 2020 Special Event Calendar from Friday, November 6 to Sunday, November 8 on the Beach Volleyball Courts North of the Pier. Commissioner Pizer-Mains seconded the motion. Motion passed with a 5-0 vote. 12. Matters for Commission Consideration A. Review of Hermosa Beach Municipal Codes 12.20.060 and 12.20.080 as it Relates to the Use of Temporary Beach Volleyball Courts in the Residential Z one; and Review of Both Sections for General Updates Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission:  Review of Hermosa Beach Municipal Codes 12.20.060 and 12.20.080 as it relates to the use of temporary beach volleyball courts in the residential zone and recommend: o The inclusion of a 50-foot distance requirement from the strand wall for temporary beach volleyball courts; o Language that requires any recreational activity to be played at least 50 feet from the Strand wall; and o Language that specifies recreational activities shall not block beach access or hinder emergency access onto and from the beach.  Review of HBMC 12.20.060 and 12.20.080 for general code updates. Motion by Commissioner Guheen to direct staff to draft updated language for the HBMC 12.20.060 and 12.20.080 as it relates to the use of temporary beach volleyball courts in the residential zone including the 50-foot distance requirement from the strand wall; expanding that language to include any recreational activity per leading practice; and including language that specifies recreational activities shall not block beach access or hinder emergency access onto and from the beach and return to the Commission for review. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. B. Creation of a Sub-committee to Consider the Dedication of the Hermosa Beach Community Garden in Former Mayor/Councilmember Jeff Duclos’ name; and Recommendation of a Naming Policy for City Facilities Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission create a Sub-committee to work collaboratively with a newly created City Council Sub-committee on the following tasks:  Consideration of whether to dedicate the Hermosa Beach Community Garden in former Mayor/Councilmember Jeff Duclos’ name; and  Recommendation of a Naming Policy for city facilities. Motion by Commissioner Ellman to create a Sub-committee to Consider the Dedication of the Hermosa Beach Community Garden in Former Mayor/Councilmember Jeff Duclos’ name; and Recommendation of a Naming Policy for City Facilities and that Commissioners Guheen and Horowitz shall serve on the sub- committee. Commissioner Pizer-Mains seconded the motion. Motion passed with a 5-0 vote. 13. Commissioner’s Reports A. Subcommittees i. Special Event (Lange and Ellman) ii. Community Theatre (Lange and Pizer Mains) iii. Municipal Leases (Pizer Mains and Horowitz) iv. Community Resources Department Use Policies (Ellman and Guheen) v. Clark Building Improvements Subcommittee (Ellman and Pizer Mains) B. Commission Liaison Roles i. Surfers Walk of Fame ii. Access Hermosa iii. South Park 14. Items Requested by Commissioners A. None 15. Other Matters 16. Adjournment Motion by Commissioner Lange to adjourn the meeting to the Special Meeting of the Parks, Recreation and Community Resources Advisory Commission on March 2, 2020. Commissioner Horowitz seconded the motion. Motion passed with a 5-0 vote. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0143 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 LOS ANGELES COUNTY FIRE DEPARTMENT AND MCCORMICK AMBULANCE MONTHLY REPORT OF JANUARY 2020 Recommended Action: Staff recommends that the City Council receive and file the Los Angeles County Fire Department and McCormick Ambulance Monthly Report of January 2020. Attachments: Monthly Report of January 2020 Respectfully Submitted by:Michael Edwards, Interim Emergency Management Coordinator Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ E100 S100 Total FIRE, EXPLOSION 111 ‐ Building fire 4               3                7 2.85% 162 ‐ Outside equipment fire 1               1                2 0.81% FIRE, EXPLOSION Total 5               4                9 3.66% RESCUE, EMS 300 ‐ Rescue, emergency medical call (EMS) call, other 108          93              201               81.71% 321 ‐ EMS call, excluding vehicle accident with injury 1                1 0.41% RESCUE, EMS Total 108          94              202               82.11% HAZARDOUS CONDITION 412 ‐ Gas leak (natural gas or LPG)3               3 1.22% 424 ‐ Carbon monoxide incident 1               1 0.41% HAZARDOUS CONDITION Total 4               4 1.63% SERVICE CALL 510 ‐ Person in distress, other 1               1 0.41% SERVICE CALL Total 1               1 0.41% SPECIAL OR OTHER INCIDENT TYPE 900 ‐ Special type of incident, other 1               1                2 0.81% SPECIAL OR OTHER INCIDENT TYPE Total 1               1                2 0.81% GOOD INTENT CALL 600 ‐ Good intent call, other 4               4 1.63% 611 ‐ Dispatched & cancelled enroute 16             3                19 7.72% GOOD INTENT CALL Total 20             3                23                 9.35% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 4               1                5 2.03% FALSE ALARM, FALSE CALL Total 4               1                5 2.03% Grand Total 143          103          246               100.00% Note: Data based on fireview report.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF JANUARY 2020 Incident Type UNIT RESPONSES Percentage Submitted by Brandy Villanueva, Emergency Management Coordinator 1 DAY OF THE WEEK E100 S100 Total Sunday 20              15              35                Monday 16              12              28                Tuesday 16              13              29                Wednesday 29              17              46                Thursday 21              14              35                Friday 20              17              37                Saturday 21              15              36                Grand Total 143            103            246              Note: Data based on fireview report.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF JANUARY 2020 UNIT RESPONSES  ‐  5  10  15  20  25  30  35 E100 S100 Submitted by Brandy Villanueva, Emergency Management Coordinator 2 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 5 5 10               01:00:00 TO 01:59:59 3 1 4 02:00:00 TO 02:59:59 3 1 4 03:00:00 TO 03:59:59 5 5 10               04:00:00 TO 04:59:59 ‐              05:00:00 TO 05:59:59 1 1 2 06:00:00 TO 06:59:59 5 2 7 07:00:00 TO 07:59:59 6 5 11               08:00:00 TO 08:59:59 4 3 7 09:00:00 TO 09:59:59 8 5 13               10:00:00 TO 10:59:59 3 1 4 11:00:00 TO 11:59:59 8 6 14               12:00:00 TO 12:59:59 3 2 5 13:00:00 TO 13:59:59 7 6 13               14:00:00 TO 14:59:59 8 8 16               15:00:00 TO 15:59:59 6 3 9 16:00:00 TO 16:59:59 7 5 12               17:00:00 TO 17:59:59 14 8 22               18:00:00 TO 18:59:59 15 10              25               19:00:00 TO 19:59:59 6 5 11               20:00:00 TO 20:59:59 6 5 11               21:00:00 TO 21:59:59 7 6 13               22:00:00 TO 22:59:59 7 6 13               23:00:00 TO 23:59:59 6 4 10               Grand Total 143             103            246             Note: Data based on fireview report.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF JANUARY 2020 UNIT RESPONSES  ‐  2  4  6  8  10  12  14  16 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100 S100 Submitted by Brandy Villanueva, Emergency Management Coordinator 3 McCormick Ambulance January 2020 Total Number of Dispatched Calls Dispatched Calls Totals Transported 79 Cancelled 34 Grand Total 113 79, 70% 34, 30% Total Dispatched Calls Transported Cancelled Submitted by Brandy Villanueva, Emergency Management Coordinator 4 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 9 8 17 Monday 7 4 11 Tuesday 10 4 14 Wednesday 16 5 21 Thursday 13 5 18 Friday 13 3 16 Saturday 11 5 16 Grand Total 79 34 113 0 2 4 6 8 10 12 14 16 18 Completed Canceled Submitted by Brandy Villanueva, Emergency Management Coordinator 5 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 5 01:00:00 TO 01:59:59 2 02:00:00 TO 02:59:59 1 03:00:00 TO 03:59:59 5 04:00:00 TO 04:59:59 0 05:00:00 TO 05:59:59 1 06:00:00 TO 06:59:59 4 07:00:00 TO 07:59:59 5 08:00:00 TO 08:59:59 3 09:00:00 TO 09:59:59 6 10:00:00 TO 10:59:59 1 11:00:00 TO 11:59:59 6 12:00:00 TO 12:59:59 3 13:00:00 TO 13:59:59 4 14:00:00 TO 14:59:59 8 15:00:00 TO 15:59:59 4 16:00:00 TO 16:59:59 5 17:00:00 TO 17:59:59 8 18:00:00 TO 18:59:59 13 19:00:00 TO 19:59:59 5 20:00:00 TO 20:59:59 6 21:00:00 TO 21:59:59 7 22:00:00 TO 22:59:59 6 23:00:00 TO 23:59:59 5 Grand Total 113 0 2 4 6 8 10 12 14 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59Time of Day Responses Submitted by Brandy Villanueva, Emergency Management Coordinator 6 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 18 11 0 29 Code 2: Response Time of 15:00 or less 49 1 0 50 Cancelled Responses 0 0 34 34 Grand Total 67 12 34 113 Submitted by Brandy Villanueva, Emergency Management Coordinator 7 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0067 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 2018 STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT (Interim Police Chief Michael McCrary) Recommended Action: Staff recommends that the City Council: 1.Accept $70,199 in grant funds from the County of Los Angeles for the 2018 State Homeland Security Program; 2.Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3.Approve estimated revenue of $70,199 in the Grant Fund; 4.Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-20 for the purchase of interoperable radio equipment; and, 5.Authorize the purchase of radio equipment, not to exceed $70,199. Executive Summary: The County of Los Angeles Board of Supervisors accepted the 2018 State Homeland Security Program (SHSP)for the Los Angeles County Operational Area and provided a Sub-recipient Agreement (SRA)to the City of Hermosa Beach for the distribution of $70,199 in grant funds.The grant funds would be used to supplement existing funds for the purchase of radio equipment. Background: The South Bay Regional Public Communications Authority,commonly referred to as the Regional Communications Center (RCC),currently provides dispatch services to the City of Hermosa Beach. Since 2017,RCC has been making technological improvements,including an upgrade to P25 digital radio communication systems.In order to be operationally compatible with the new systems,the Hermosa Beach Police Department (and all other RCC cities)were required to conduct a complete portable and mobile radio upgrade to ultra-high frequency (UHF) Motorola radios. On November 14,2017,the City Council approved the purchase of portable and mobile radio equipment for the Police Department.At that time,the Department advised that there was an opportunity for grant funds through the County of Los Angeles 2017 State Homeland Security City of Hermosa Beach Printed on 3/5/2020Page 1 of 4 powered by Legistar™ Staff Report REPORT 20-0067 opportunity for grant funds through the County of Los Angeles 2017 State Homeland Security Program (SHSP)to purchase additional radio equipment.On November 13,2018,the City approved $83,911 in reimbursable grant funds from the 2017 SHSP for the purchase of interoperable portable radio equipment.Due to the ongoing interoperability projects within the County,the City has once again been awarded funds to purchase additional equipment through the 2018 SHSP.The Department plans to use these funds to procure P25 compliant equipment including portable radios, and potentially a bi-directional amplifier. Discussion: The County of Los Angeles Board of Supervisors accepted the 2018 State Homeland Security Program (SHSP)for the Los Angeles County Operational Area and provided a Sub-recipient Agreement (SRA)to the City of Hermosa Beach for the distribution of $70,199 in reimbursable grant funds. The City previously received the 2017 SHSP grant,and used the funds to purchase equipment from Commline,Inc.Commline Inc was the sole respondent to the City’s Request for Proposals (RFP)for portable and mobile radio equipment as it is the only authorized vendor in the South Bay for Motorola Solutions.As such,the City plans on purchasing additional equipment from Commline for the 2018 SHSP grant.The Police Department anticipates purchasing at least twelve APX 900 portable radios. The APX 900 portable radio is approximately $2,179 per unit.Since the purchase amount for these radios would leave a balance of grant funds,the Department requests approval from the County of Los Angeles and the California Governor’s Office of Emergency Services (Cal OES),through a budget modification request, to use any remaining funds to purchase a bi-directional amplifier (BDA). The BDA is required to be compliant with Fire Code 510 and would further enhance public safety.The new UHF radio system is designed for outdoor coverage and does not perform well in high rise or subterranean buildings.Because a large portion of the Police Department is located in a basement, there is a strong potential for broken or lost communications.A BDA would boost the signal to the basement of the Police Department and provide more seamless communications.If approved,the City would solicit bids to purchase this equipment.Staff recommends that City Council accept $70,199 in grant funds,appropriate the funds to the Police Department budget,and authorize the purchase of radio equipment not to exceed $70,199.Motorola equipment would be purchased through Commline as a sole source vendor.Other equipment,such as the BDA,would be procured according to the City’s purchasing policies. As part of executing the agreement,the City must provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A.Certification and Disclosure Regarding Lobbying (Exhibit A) B.Certification Regarding Debarment, Suspension, Ineligibility, and voluntary Exclusion Lower Tier Covered Transactions (Exhibit B) City of Hermosa Beach Printed on 3/5/2020Page 2 of 4 powered by Legistar™ Staff Report REPORT 20-0067 C.Certification Regarding Drug-Free Workplace (Exhibit C) D.Certification of Grant Assurances (Exhibit D) Staff would ensure that the City is in compliance with all SRA requirements and that documentation is retained for a minimum of five years after termination of the grant performance period.The award’s performance period is from September 1, 2018 to February 28, 2021. Past Council Actions Meeting Date Description November 14, 2017 Report 17-0674 – Purchase of Portable and Mobile Radios for Police Department November 13, 2018 Report 18-0669 - 2017 State Homeland Security Program Subrecipient Agreement General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Goal 5. High quality police and fire protection services provided to residents and visitors. ·5.3 Use of technology.Provide and use smart surveillance technology and communication systems to improve crime prevention and inform the community regarding actions to take in case of emergency. ·5.7 Collaborate with neighboring jurisdictions.Cooperate and collaborate with neighboring jurisdictions and social services to maximize public safety and emergency services. Fiscal Impact: Award of a grant in the amount of $70,199 from the County of Los Angeles for the 2018 State Homeland Security Program requires the following budget actions: 1.Approve estimated revenue of $70,199 in the Grant Fund. 2.Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-2020 for the purchase of P25 compatible, interoperable radio equipment. City of Hermosa Beach Printed on 3/5/2020Page 3 of 4 powered by Legistar™ Staff Report REPORT 20-0067 Agreement Request Request Amount FY 201 9-20 Budget Dep t. Account # Total Contract Amount $70,199 150 -2120 -4201 $70,199 Attachments: 1. 2018 State Homeland Security Program Subrecipient Agreement Respectfully Submitted by: Michael McCrary, Interim Chief of Police 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 3/5/2020Page 4 of 4 powered by Legistar™ Hermosa Beach 1315 Valley Drive, Hermosa Beach, CA 90254 Suja Lowenthal, City Manager City of Hermosa Beach/ 084341544 1315 Valley Dr. Hermosa Beach, CA 90254 310-318-0216 310-372-6186 suja@hermosabeach.gov Michael McCrary, Interim Chief of Police 540 Pier Ave Hermosa Beach, CA 90254 310-318-0300 310-798-8926 mmccrary@hermosabeach.gov ,City Manager Suja Lowenthal Michael Jenkins b b a City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 X Department of Homeland Security Homeland Security Grant Program N/A N/A 97.067 N/A N/A Suja Lowenthal City Manager 310-318-0216 N/A City of Hermosa Beach Suja Lowenthal, City Manager City of Hermosa Beach Suja Lowenthal Los Angeles City Manager 956000720 City of Hermosa Beach City of Hermosa Beach City of Hermosa Beach Suja Lowenthal Michael Jenkins City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0121 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 AWARD OF CONSTRUCTION CONTRACT FOR THE COMMUNITY CENTER TENNIS COURTS RESURFACING (Public Works Director Marnell Gibson) Recommended Action: Staff recommends that the City Council: 1.Award the construction contract for the Community Center Tennis Courts Resurfacing in the amount of $37,680; 2.Authorize the Director of Public Works to establish a 15% project contingency for a total construction budget of $43,332; 3.Adopt the attached resolution entitled, “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of the Community Center Tennis Courts Resurfacing Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account;” 4.Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5.Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Executive Summary: The Community Center Tennis Courts Resurfacing project includes the resurfacing of the six tennis courts at the City Community Center. Based on the bid received,staff recommends City Council award a construction contract to the lowest responsible bidder,Trueline Construction &Surfacing,Inc.(Trueline),in the amount of $37,680 for the construction of the tennis courts resurfacing. Background: The tennis courts at the Community Center have not been resurfaced since approximately 2007 and are due for resurfacing, which is recommended every eight years. On February 6,2020,the project was advertised in the Easy Reader,on the City Website,and with bid advertising agencies. Local contractors were contacted directly to solicit bids as well. City of Hermosa Beach Printed on 3/5/2020Page 1 of 3 powered by Legistar™ Staff Report REPORT 20-0121 Analysis: On February 20,2020,one bid was received and opened by the City Clerk.The bid results are summarized below. Bidder Bid Amount 1. Trueline Construction & Surfacing, Inc. $ 37,680.00 While the City only received one bid,the review resulted in identifying Trueline to be a responsible and responsive bidder.The Engineer’s Estimate for the cost of construction was $39,120 with Trueline’s bid coming in at a slightly lower cost.Furthermore,staff confirmed that Trueline’s contractor license is active and in good standing with the Contractor's State License Board,and the references provided confirmed that Trueline successfully completed and demonstrated competency through projects similar in magnitude and character over the last five years.As such,staff recommends that the City Council award a construction contract to Trueline. This project is anticipated to begin in March and would take approximately 10 working days to complete. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan.Completing the needed resurfacing of the Community Center tennis courts supports PLAN Hermosa goals and policies from the Infrastructure Elements.Relevant Policies are listed below: Parks + Open Space Element Goal 1. First class, well maintained, and safe recreational facilities, parks and open spaces. Infrastructure Element Goal 1. Infrastructure systems are functional, safe, and well maintained. Policies: ·1.8 Minimize recurring repairs.Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available. City of Hermosa Beach Printed on 3/5/2020Page 2 of 3 powered by Legistar™ Staff Report REPORT 20-0121 Fiscal Impact: The City has sufficient funds allocated in Capital Improvement Project (CIP)650,Community Center Improvements, to cover the construction of the project. The construction costs for the project are shown below. Construction Cost $ 37,680.00 15% Construction Contingency $ 5,652.00 Total Cost $ 43,332.00 The 15% construction contingency is included to allow for any unknown or unforeseen costs associated with the construction of the project. Attachments: 1. Bid Opening Log 2. Trueline’s Submitted Bid 3. Draft Resolution 4. Draft Agreement Respectfully Submitted by: Andrew Nguyen, Assistant Engineer Concur:Marnell Gibson, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/5/2020Page 3 of 3 powered by Legistar™ -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 20-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF THE COMMUNITY CENTER TENNIS COURTS RESURFACING PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; The City Council of the City of Hermosa Beach does resolve as follows: The City Council finds and declares as follows: The Deputy City Engineer designed and prepared the plans to construct the Community Center Tennis Courts Resurfacing (“Project”); The Deputy City Engineer finds that the plans are complete and the Project may be constructed; and The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. Design Immunity; Authorization. The design and plans for the Project are determined to be consistent with the City’s standards and are approved; The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; The approval granted by this Resolution conforms with the City’s General Plan; The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. Project Payment Account; For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the Project. This Account -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. The City Clerk is directed to certify the adoption of this Resolution. This Resolution will become effective immediately upon adoption. Now, therefore, be it resolved, that the City of Hermosa Beach City Council hereby adopts Resolution No. 20-XXXX on March 10th, 2020. PASSED, APPROVED, AND ADOPTED this 10th day of March, 2020. _________________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ __________________________ City Clerk City Attorney I City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 20-XXXX was duly and regularly passed and adopted by the City Council of the City of Hermosa Beach, California, at its adjourned regular meeting held on the 10th day of March, 2020, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 1 of 14 65270.00001\32595443.2 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 Trueline Construction & Surfacing, 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 the Community Center Tennis Courts Resurfacing (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On March 10, 2020, 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 Community Center Tennis Courts Resurfacing 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 Community Center Tennis Courts Resurfacing in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated January 2020, (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 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 2 of 14 65270.00001\32595443.2 progress or prior to its acceptance including those for well and faithfully completing the 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 10 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 AND CALIFORNIA LABOR LAWS. A. Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), 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. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 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 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 3 of 14 65270.00001\32595443.2 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 iv. Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. v. 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. vi. 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. vii. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. viii. 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. ix. The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. E. CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 4 of 14 65270.00001\32595443.2 CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. F. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. G. By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 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 any one calendar day or 40 hours in any one calendar week in violation of the Labor Code. 7. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 8. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 5 of 14 65270.00001\32595443.2 against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 9. 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. 10. 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. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, 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. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 6 of 14 65270.00001\32595443.2 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, to the extent required by Civil Code section 2782, 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 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. 11. THIRD PARTY CLAIMS. In accordance with Public Contract 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. 12. 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 CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 7 of 14 65270.00001\32595443.2 comply with such provisions before commencing the performance of the work of this contract. 13. 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. 14. 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. 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. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 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 four 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. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 8 of 14 65270.00001\32595443.2 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. 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: Andrew Nguyen Project Manager CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 9 of 14 65270.00001\32595443.2 $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. Supporting Documentation. The CONTRACTOR shall submit all claims in the following format: Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made List of documents relating to claim: Specifications Drawings Clarifications (Requests for Information) Schedules Other Chronology of events and correspondence Analysis of claim merit Analysis of claim cost Time impact analysis in CPM format CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 10 of 14 65270.00001\32595443.2 If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR. CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater. Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 11 of 14 65270.00001\32595443.2 be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 12 of 14 65270.00001\32595443.2 Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY ’s rights to any subsequent procedures for the resolution of disputed claims. 20 NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 13 of 14 65270.00001\32595443.2 CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract 22 ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties. 23 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. 24 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 25 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. 26 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. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 14 of 14 65270.00001\32595443.2 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. 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 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0137 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING MARCH 20, 2022 WITH THE HERMOSA BEACH EDUCATION FOUNDATION (HBEF) FOR ITS ANNUAL “HEARTS OF HERMOSA” EVENT HELD AT THE COMMUNITY CENTER PARKING LOT (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council approve a three-year agreement expiring March 20,2022 with the Hermosa Beach Education Foundation (HBEF)for its annual “Hearts of Hermosa”event, held at the Community Center parking lot. Executive Summary: At its regular meeting on January 14,2020,City Council approved the Parks,Recreation and Community Resources Advisory Commission’s (Commission)recommended Long-Term Agreement Policy for special events.Immediately following this adoption,staff began discussions with Hermosa Beach Education Foundation (HBEF)representatives to develop an agreement for implementation of its annual “Hearts of Hermosa”fundraising event in the Community Center parking lot.Staff recommends a three-year agreement,beginning with HBEF’s 2020 event,with an expiration on March 20, 2022. Background: At its regular meeting on January 14,2020,City Council approved the Parks,Recreation and Community Resources Advisory Commission’s (Commission)recommended Long-Term Agreement Policy for special events,which includes guidelines for determination of an event’s eligibility to enter into a long-term agreement with the City.Following the Council’s adoption of the policy,staff began discussions with Hermosa Beach Education Foundation (HBEF)representatives to develop a three- year agreement for implementation of its annual “Hearts of Hermosa”fundraising event in the Community Center parking lot. Discussion: Included as Attachment 1 is the recommended agreement with HBEF for its annual “Hearts of Hermosa”fundraising event.As previously noted,this annual event takes place in the City’s Community Center parking lot and has done so for several years.It includes construction of a large City of Hermosa Beach Printed on 3/6/2020Page 1 of 4 powered by Legistar™ Staff Report REPORT 20-0137 Community Center parking lot and has done so for several years.It includes construction of a large tent with a capacity for up to 800 guests,although it is estimated that only 600 are likely to attend. Included in the tent is food from local businesses,seating areas,a dance floor,and a silent auction. The purpose of the event is to raise supplemental funds for the Hermosa Beach City School District, and is one of the organization’s most successful fundraisers each year.Considering the amount of infrastructure that is required to be built for this event,setup activities begin as early as the Friday prior to the event,and conclude with cleanup by the Sunday evening immediately following the Saturday evening event. Included as Attachment 2 is HBEF’s completed 2020 Special Event Application,which includes additional event details.It is important to mention that “Hearts of Hermosa”has already been approved to take place on Saturday,March 21,2020 through the City’s special event approval process,as outlined in the Special Event Policy Guide.The recommended agreement includes HBEF’s 2020 event and does so to incorporate additional fee waiver considerations that went above what could be provided through the City’s recently adopted Special Event Fee Waiver Policy.This was a concern expressed by the City Council during deliberations of the Special Event Fee Waiver Policy at its meeting on October 10,2019.The recommended agreement outlines HBEF’s responsibility to pay the City for all direct costs including applicable staff time;Amplified Sound Permit;and any necessary costs associated with the cleaning of the event area as a result of the event.Indirect costs would be waived,which include the annual special event application fee; Category I -IV daily use fees;and the daily setup and teardown fees.This model is consistent with the City’s level of support for this event in 2018.Table 1 includes a comprehensive listing of all applicable special event fees associated with this event as previously discussed. Table 1: “Hearts of Hermosa” Estimated Event Fees FEE COST CALCULATION TOTAL Application Fee $565 $565 Category II I Fee $2 ,697 per day X 1 day $2,697 Amplified Sound $166 $166 Setup/Tear -down Fee $225 per day X 2 days $450 P art -time Staff $15 per hour X 2 Staff at 2 hours each $60 City of Hermosa Beach Printed on 3/6/2020Page 2 of 4 powered by Legistar™ Staff Report REPORT 20-0137 Fees highlighted in yellow are those still payable to the City by HBEF for each of its annual events under the recommended agreement. Additional agreement details include: ·HBEF’s presentation to the Commission prior to and immediately following its annual event,as required in the Long-Term Agreement Policy; ·Implementation of the City’s environmental sustainability measures; and ·The City’s assistance on ensuring the Community Center parking lot is sufficiently posted and available for HBEF to begin its setup activities the day prior to each event day. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The [enter project description here] supports several PLAN Hermosa goals and policies that are listed below. Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policies: ·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. Parks and Open Space Element Goal 3. Community parks and facilities encourage social activity and interaction. Policies: ·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. ·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. ·3.3 Commercial use of facilities.Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment. Fiscal Impact: As proposed in the Agreement,estimated event fees would total $226 annually,plus necessary costs for post-event cleanup,as determined by staff following the event.The estimated amount of fees waivers would total $3,712 annually. City of Hermosa Beach Printed on 3/6/2020Page 3 of 4 powered by Legistar™ Staff Report REPORT 20-0137 Attachments: 1. Agreement with HBEF 2. 2020 Hearts of Hermosa Special Event Application 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 3/6/2020Page 4 of 4 powered by Legistar™ Hearts of Hermosa Agreement 2020 - 2022 1 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH EDUCATION FOUNDATION TO PROVIDE HEARTS OF HERMOSA THIS AGREEMENT is made this ________ day of _________________, 2020, by and between the City of Hermosa Beach (hereinafter called “CITY”), and the Hermosa Beach Education Foundation (hereinafter called “HBEF”). RECITALS A. HBEF desires to organize, coordinate, produce and oversee an annual Hearts of Hermosa (“Event”) in the City on City-owned property for the term of this Agreement with the purpose of fundraising with proceeds benefiting the Hermosa Beach City School District. B. The CITY is willing to make its property available for the Event due to the benefit it provides to the community. NOW, THEREFORE, the parties agree as follows: Section 1. Term of Agreement. The term of this Agreement shall be for three years commencing on March 20, 2020 and terminating March 20, 2022, unless earlier terminated as provided herein. Section 2. HBEF’s Duties: a. Event. HBEF may organize, coordinate, produce and oversee the Hearts of Hermosa fundraising event. Event days included as part of this Agreement shall be: March 20 – 22, 2020; March 19 – 21, 2021; and March 18 – 20, 2022. HBEF must annually inform the CITY of its intent to produce the Event, including confirmation of event dates, no later than six months prior to the event dates. Should HBEF desire to reschedule an event date(s) from the dates outlined in this Agreement, it must do so in writing no later than six months prior to the requested event date(s). CITY will review the request against other activities and events booked at the Community Center. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. In the event of a community health or safety concern occurring within the six-month window, the CITY will nonetheless consider a request by HBEF to postpone its Event to a mutually agreed upon date. The Event may be held in the Community Center parking lot located at 710 Pier Avenue. Use of additional location(s) at the Community Center property may be approved as mutually agreed upon between the CITY and HBEF provided HBEF informs the CITY of this request at least six months prior to the Event. b. Event Permits and Agreements. HBEF shall obtain permits from CITY for each Event and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys as outlined in the Special Event Permit. Exhibit A includes a sample Special Event Permit. Hearts of Hermosa Agreement 2020 - 2022 2 c. Insurance. HBEF shall provide comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross-liability provisions. HBEF shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if HBEF fails to pay any required deductible or self-insured retention, City may do so at HBEF’s expense. d. Fee to CITY. HBEF shall pay CITY all direct costs associated with each Event within 30 days after each event. Such costs shall include but not be limited to the provision of CITY Staff time dedicated to the Event; Amplified Sound Permit; and any necessary post-event cleaning as a result of the Event. Indirect costs shall be waived including the annual special event application fee, Category I – IV daily use fee, and the setup/tear down fee. e. Promotion of Responsible Alcohol Consumption. HBEF shall encourage and promote responsible consumption of alcohol, appropriate taxi and ride share options for event patrons, and City designated taxi and ride share pick-up and drop-off locations in event signage, marketing, and throughout the Event area. HBEF must obtain the required permit to serve alcoholic beverages by the Alcohol and Beverage Control office. f. Annual Review. Within 690 days prior to and after each Event, HBEF shall provide an annual overview to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation. The pre-Event presentation shall highlighte a general event overview including anticipated number of attendees; an overview of the Event footprint and individualized setup; and anticipated impacts to the community as a result of the Event. The post-Event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community as a result of the Event; and any event struggle(s) and success(es). g. Environmental Sustainable Measures. HBEF shall implement the CITY’s environmental sustainability measures, including but not limited to: (ii) Electric and Bio-diesel Generators Generators on the venue shall be electric or operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources. (v) Food Service Containers HBEF has read, understands and accepts responsibility for ensuring implementation of the City’s food packaging prohibitions in Section 8.64.030 of the Municipal Code, which reads as follows: Hearts of Hermosa Agreement 2020 - 2022 3 8.64.030(C). No Person shall use or distribute Polystyrene Food Service Ware at City- sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. Biodegradable food service containers shall be used by vendors in the food court and beer garden. (vi) Plastic Bags Use of plastic bags to deliver, provide or hand merchandise or Event-related items is prohibited. (vii) HBEF shall additionally implement all sustainability measures in City’s Green Matrix through its conduct of the Event and shall ensure vendor compliance. (viii) HBEF shall: (1) Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online; (2) prohibit the use of single-use plastic straws, stirrers, and utensils beginning July 1, 2020 (per HBMC 8.64); limit single-use paper, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and giveaways; (4) enact a no- idling requirement for vehicles associated with the loading and unloading of event-related equipment; and (5) provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized. (x) HBEF shall participate in pre-event and post-event reviews of compliance with sustainability measures. h. Private Security Standards. HBEF shall work in concert with the Hermosa Beach Police Department to determine private security standards that are appropriate for the Event. HBEF shall seek to employ CITY’s preferred private security firm provided its costs are competitive. The private security standards will be in addition to the minimum police services, which will be determined by the Hermosa Beach Police Department. i. Logistical Meetings. HBEF is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City. j. Access to Parking Lot. HBEF shall provide vehicle access into the Community Center parking lot to CITY Staff. Staff will have CITY-issued parking passes visible upon entry and shall park only in the City Employee designated parking spaces near the Hermosa Beach Museum entrance. Hearts of Hermosa Agreement 2020 - 2022 4 Section 3. CITY’s Duties. a. Event Permits. CITY shall provide event permits to HBEF for each Event unless CITY determines in its sole discretion that it would not be in the public interest or that it would be averse to the public health, safety, or welfare. b. Event Fee Invoicing. CITY shall provide HBEF with initial estimates for indirect CITY costs associated with each Event 90 days in advance of each event. Such costs shall be those noted in section 1(d). These amounts are intended as estimations, as final costs billed to the HBEF may change due to public safety staffing availability and various other factors. b. Event Equipment. CITY shall provide HBEF the use of the following equipment to be used for each Event and returned no later than the Monday following each event: 2parade barricades (A-cades or similar product) and a 1 ¼” fire hose and shutoff nozzle compatible with the water source at the north east corner of the Community Center parking lot. c. No Parking Signs. The CITY shall post no parking signs in the Community Center parking lot at least 72 hours prior to the start of event setup. d. Parking Lot Cleaning. The CITY shall provide cleaning services to the Community Center parking lot prior to the commencement of setup activities to make the location safe for the Event. e. Community Center Access. The CITY shall provide access to the Community Center for usage of restroom facilities through midnight of the day of each event. Hourly fees associated with the scheduling of Staff past the regularly scheduled closure of the facility will be borne by the HBEF as outlined in section 1(d). Section 3. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 4. Independent Contractor. HBEF will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute HBEF as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and HBEF. Section 5. Termination. CITY may terminate this Agreement upon 30 days written notice to HBEF if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide HBEF an opportunity to propose adjustments to the venue or an alternative location for the event. HBEF’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting. Upon termination of the Hearts of Hermosa Agreement 2020 - 2022 5 Agreement, any events subsequent to the termination will no longer be the responsibility of the HBEF. Section 6. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: For HBEF: Hermosa Beach Education Foundation PO BOX 864 Hermosa Beach, California 90254 (310) 408-5567 Attention: President For CITY: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0216 Attention: Suja Lowenthal, City Manager Section 7. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and HBEF, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event permit for each Event setting forth precise terms and conditions applicable to that Event. Hearts of Hermosa Agreement 2020 - 2022 6 EXECUTED the day and year first above stated. HERMOSA BEACH EDUCATION FOUNDATION By:____________________________________ Carol Reid Kluthe, President CITY OF HERMOSA BEACH By:___________________________________ Mary Campbell, Mayor APPROVED AS TO FORM ATTEST By:_________________________________ By:_________________________________ Michael Jenkins, City Attorney City Clerk Hearts of Hermosa Agreement 2020 - 2022 7 EXHIBIT A Sample Special Event Permit CITY OF HERMOSA BEACH SPECIAL EVENT PERMIT I. Permit CITY OF HERMOSA BEACH (“City”) hereby grants approval to the ______________ EVENT PLANNER”) for use of the ____________ (the “SITE”) as the location for the _________________ (the “EVENT”). The permission granted herein for conduct of the EVENT on the SITE, shall commence from ________ and terminate at __________, including set up and tear down, on _________________________. This Permit is revocable at any time for violation of conditions of approval, the Hermosa Beach Municipal Code or any applicable regulation or law. II. Event Planner’s Obligations (checked boxes denote applicable obligations) 1. Not more than 60 days and not less than 30 days in advance of the EVENT, EVENT PLANNER shall: ☐ a) Damage deposit: Post a bond, cashier's check or letter of credit, in the amount of $_______________ as compensation for any damage that may occur to physical property or other costs arising from EVENT PLANNER’S use of the SITE. The bond or other surety shall provide that in the event the EVENT PLANNER fails or refuses to clean up and restore the SITE to its original condition or fails or refuses to compensate City for other physical damage, City may, at its option, make demand upon the surety for such cash payment as is required to perform such work. ☐ b) Insurance: Provide to City a policy of comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self - insurance programs maintained by the City; and (c) contain standard Hearts of Hermosa Agreement 2020 - 2022 8 cross-liability provisions. EVENT PLANNER shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if the EVENT PLANNER fails to pay any required deductible or self -insured retention, City may do so at EVENT PLANNER’s expense. ☐ c) Event fees: EVENT PLANNER shall tender any outstanding fees associated with the City’s Special Event Application process a minimum of 30 days prior to the EVENT unless non-profit, per participant fees apply for payment immediately following the event. ☒ d) Permits and approvals: EVENT PLANNER shall obtain all necessary permits and approvals for the EVENT as set forth in the completed Special Event Application or otherwise required by the City (e.g., business license, street banner approval, light pole banner requests, etc.). ☐ e) Provide City with the name and event day telephone number of its designated representative for the event, and/or the names of designated representatives who will be physically on the property for the entire duration of the EVENT if different from that stated on the Special Event Permit Application; ☐ f) Notify all residents and businesses within a 300 foot radius of the SITE. The notice shall be in writing and shall include the date and time of the EVENT, and the telephone number of the designated representative. Said written notice shall be provided to the City through electronic copy not less than 1 week prior to distribution for review and approval; 2. Commencing with the date and time this permit authorizes the use by the EVENT PLANNER for the EVENT, EVENT PLANNER shall: ☐ a) Fence the entire EVENT area; ☐ b) Provide adequate portable restroom facilities for the EVENT according to standards as outlined by City for Special Events; ☐ c) Provide adequate first aid facilities and staff; ☐ d) Secure its own telephones and telephone lines for the EVENT; Hearts of Hermosa Agreement 2020 - 2022 9 ☐ e) Install a protective barrier around the perimeter of the EVENT not later than _______________. EVENT PLANNER shall be responsible for removal of the barrier upon completion of the EVENT. Said barrier(s) shall structurally and aesthetically fulfill the City’s requirements for said barrier(s); ☐ f) Ensure that the EVENT includes adequate access and seating to reasonably accommodate the needs of the disabled; ☐ g) Provide its staff and designated City representatives with proper credentials and identification for access to the EVENT and SITE area; ☐ h) Clean, restore, resurface and make operational the SITE to the satisfaction of the City (notwithstanding the clean-up activities described in Section III.7) upon completion of the EVENT and no later than the post- event walk-through (if applicable) described in Section III.9.; ☐ i) Maintain six (6) posted volleyball courts on the north side of the Pier for recreational use; ☐ j) Install and maintain six (6) posted, temporary volleyball courts on the south side of the Pier for recreational use. ☐ k) Pay to City the total sum of costs for all personnel, materials, equipment, and disposal fees incurred by City in connection with SITE preparation and clean-up activities and associated repairs described in Section III.7., including overhead and indirect costs. Payment shall be made within 60 days of receipt of invoice from City; ☐ h) DO NOT EXTEND PAST NOBLE PARK WITH ANY EVENT RELATED EQUIPMENT, SUPPLIES, OR SET UP. 3. Conduct the EVENT in accordance with all materials included in the complete Special Event Application for the EVENT approved by the City, including but not limited to the EVENT Site Plan, Parking Plan, Safety/Security Plan, Green Matrix, and Accessibility Plan. If information on any Special Event Application materials has changed from that which was approved by the City, EVENT PLANNER shall notify the City within 24 hours of any such change. Hearts of Hermosa Agreement 2020 - 2022 10 4. EVENT PLANNER’s obligations shall be completed in the time periods set forth above and notice of items not completed to City’s satisfaction shall be given to EVENT PLANNER in writing. EVENT PLANNER shall have seven days from receipt of notice to complete the obligation, except in the event of an emergency. Any obligations not completed within the dates set forth above may be completed by City and EVENT PLANNER shall reimburse City on a time and materials basis. III. Services to be Provided by City ☐ 1. Representatives of the City, including any required police and fire officials necessary to complete required inspections, and EVENT PLANNER shall perform a walk-through of the SITE on _______________, at which time the condition of the SITE shall be duly noted in writing by said representatives, and shall specifically identify any existing damage or other abnormalities and City shall repair anything identified as a potential hazard or liability prior to EVENT PLANNER taking possession of the SITE. ☐ 2. Facilitate closing of streets impacted by the SITE, including _______________, during the hours of _______________. ☐ 3. Approve text of notices as required by Section II. f. above. ☐ 4. Provide, at no additional cost, the following: a) _____ collection containers with a storage capacity of not less than twenty-five (25) gallons each; b) Collection vehicle and crew to empty the cans on the SITE; c) Street sweepers. ☐ 5. Ensure that, to the best of the City’s knowledge, all other organized activities will be excluded from the SITE during the EVENT. ☐ 6. Provide a 24-hour contact person who shall be available in the event of emergency during the time EVENT PLANNER maintains possession of the SITE. ☐ 7. Perform clean-up at cost to EVENT PLANNER as established in the Special Event Permit Application for the EVENT, or in accordance with Hearts of Hermosa Agreement 2020 - 2022 11 actual cost if the amount of clean-up exceeds the EVENT fees, which shall include but is not limited to: ☐ a. Removal and disposal from public property all no-parking signs, litter and debris located at the SITE at cost to EVENT PLANNER; ☐ b. Steam cleaning of sidewalks, garages and hardscape surfaces as required at the SITE at cost to EVENT PLANNER; ☐ c. Repair of any irrigation damage to landscaped medians, planter beds, lawn areas and the SITE grounds; ☐ d. Renovation of all turf and shrubs on landscaped medians, planter beds, lawn areas on the SITE; ☐ e. Removal and disposal of trash receptacles placed on public areas of the SITE; ☐ f. Restoration of all public areas impacted by the EVENT, including public streets, to the same conditions prior to the EVENT. 8. The City shall submit itemized invoices to EVENT PLANNER for all work described above within 90 days of the EVENT. Said invoices shall include an itemized breakdown of costs associated with the cleanup of SITE. In addition, the City will provide an itemized invoice listing all time and materials used in the repair of City facilities. 9. Subsequent to the EVENT, and after EVENT PLANNER completed its cleanup process of the premises, a post-event walk-through shall be conducted by the representatives of the City and EVENT PLANNER, at which time any damages or other abnormalities which may have arisen as a result of the use of the premises by EVENT PLANNER shall be duly noted in writing by said representatives, it being understood that the City (1) shall undertake to repair and/or replace any damaged property; and (2) shall bill EVENT PLANNER for the cost thereof. The foregoing notwithstanding, EVENT PLANNER shall remain responsible for any later-discovered damage that was not reasonably visible during the walk-through. Walk thru to be held no later than _______________. Hearts of Hermosa Agreement 2020 - 2022 12 IV. Notices All notices and communications shall be sent to the parties at the following addresses: The City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 V. Indemnification EVENT PLANNER shall hold harmless, defend and indemnify the City and County of Los Angeles, its officers, employees and volunteer from and against any and all liability, loss, damage expense, and costs (including without limitation costs and fees of litigation), of every nature arising out of or in connection with production and performance of the EVENT or its failure to comply with any of its obligations contained in this Permit except such loss or damage which was caused by the sole negligence or willful misconduct of the City. EVENT PLANNER shall pay promptly any judgment rendered against City and County of Los Angeles, their respective officers, agents or employees, for any such claims, damages, penalties, obligations and/or liabilities. VI. Authority The person executing this Permit for EVENT PLANNER certifies that s/he has full authority to sign on behalf of EVENT PLANNER and to bind EVENT PLANNER to the foregoing conditions. VII. Revocation EVENT PLANNER hereby accepts all of the foregoing conditions and understands and acknowledges that City may revoke this permit at any time upon finding that any of the foregoing conditions have not been satisfied. EVENT PLANNER further acknowledges that this permit ma y be revoked and the EVENT ordered concluded at any time during the course of the EVENT by the highest ranking City police officer or fire personnel on duty at the time upon determination that the EVENT is causing a violation of State law or upon a determination that the EVENT has become a threat to public safety. Hearts of Hermosa Agreement 2020 - 2022 13 VIII. Miscellaneous Provisions This permit is personal to the EVENT PLANNER and may not be transferred, assigned or otherwise conveyed without the consent of the City. Neither party will use the other party’s name, logos, trademarks or service marks in any manner without the other party’s prior written approval. This permit grants permission solely for the EVENT described above on the day(s) and time(s) indicated on the SITE. Nothing in this permit shall be construed as creating a partnership, joint enterprise or other contractual arrangement between City and EVENT PLANNER. The EVENT is a privately sponsored even t; it is not a City event and is not sponsored by the City. APPROVED BY: City: Signature Date Address: Telephone No. Applicant: Signature Event Planner Representative Print Name Address: Telephone No Page 1 of 14 Revised 9/11/2019 2020 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 Commission meets monthly (first Tuesday of each month) City Council meets bi-monthly (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 event dates. If there are any details that differ between event dates, please submit a SEPARATE application and application fee for each. Example: A youth volleyball organization is holding a variety 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 may be completed on one application; the July event is required to be submitted on a separate application since it is larger in participants and utilization of volleyball courts. Page 2 of 14 Revised 9/11/2019 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 $848 application fee ($565 for nonprofits or $283 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 for beach events.  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 2020 Please note that as part of the Parks, Recreation and Community Resources Advisory Commission’s ongoing efforts to review policies associated with the hosting of events in the City, the following topics will be under review by the Commission and Council, which may result in policy changes as early as 2020: • Review and Approval Procedures • Fee Waiver Policy and Procedures • Accessibility Requirements • Use of Reserved Parking • Coordination and Outreach with Local Businesses • Use of Amplified Sound • Event Fees Please be mindful of these potential changes. Staff will keep all approved event producers updated as policy will be reviewed and adopted by the Commission and City Council. Debra Luckey 9/26/19 Page 3 of 14 Revised 9/11/2019 2020 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 • $848 Non-Refundable Application FEE required with application. • $565 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 Hearts of Hermosa Debra Luckey 12/12/62 Hermosa Beach Education Foundation 33-0522270 The funds raised from our event wil be granted to the Hermosa Beach City School District. P.O. Box 864 Hermosa Beach CA 90254 310-408-5567 Debra.Luckey@gmail.com 310-374-5567 Friday, March 20 March 21, 2020 , 2020 March 22, 2020 N/A Page 4 of 14 Revised 9/11/2019 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 Our organization has put on Hearts of Hermosa in the same venue for over 8 years. We are based in the city of Hermosa Beach and are a community non-profit organization raising money for the local school district. Debra Luckey 310-408-5567 Over 8 Hermosa Beach Schools March 20 March 21 March 22 Noon 10:00pm 8:00am 11:00pm 7:00am 12:00pm Page 5 of 14 Revised 9/11/2019 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. Hermosa Beach Community Center Parking Lot 600 21-80 N/A N/A A tent that hold up to 800 people is set up in the lower community center parking lot to hold the event, 400-600 people may be in attendance. We have dinner, with tables, dance floor, amplified music and auction items. N/A N/A N/A N/A N/A eOur event will be mark ted to school families and community residents through our social media, flyers and banners. Page 6 of 14 Revised 9/11/2019 Parking 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 Volunteers will arrive the next morning to clean up parking lot ground and the rental company will load up tent and other rentals, chairs, tables.... Large 800 person tent. Auction live and silent. Tickets to attend the event. DJ, Speakers and microphone Page 7 of 14 Revised 9/11/2019 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. $175.00 N/A N/A Volunteers are our school parents and HBEF Board members. Social Media marketing, email marketing, invitations to the event sent to every school family. Posters tohang in local businesses, banner hung over Pier Avenue, posters to hang at school. Page 8 of 14 Revised 9/11/2019 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 We will follow the disability plan according to the ADA. Designated handicapped seats. Hermosa Beach Education Foundation / Debra Luckey Debra Luckey 9/26/19 Page 9 of 14 Revised 9/11/2019 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): Hearts of Hermosa March 21, 2020 3 3 0 ll Page 10 of 14 Revised 9/11/2019 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. Hearts of Hermosa March 21, 2020 children of our community. The better the schools, the more people shose to invest in Hermosa Beach. This is a fundraiser for our schools. The more money our schools receive, the more they can provide for the Hearts of Hermosa Hermosa Beach Education Foundation March 20, 2020 March 21, 2020 March 22, 2020 Set up: Noon Day of Event Clean Up: 7:00am hbef.org pr@hbef.org Jonalyn Morris Busam Page 11 of 14 Revised 9/11/2019 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. A final total of charges will be determined thirty days prior to your event once approval is granted; additional fees not listed below may apply when deemed necessary by staff as a result of the final event planning and implementation. Please note that fees may be updated at any time. EVENT CATEGORY FEES PRICE (subject to change) CALCULATION TOTAL Category I • Less than 500 people Non-profit: $2 per person Commercial: 70/30 split of registration 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 exceed 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) CALCULATION TOTAL Commercial Application Fee - non-refundable $848 Non-Profit Application Fee - non-refundable $565 Pass-Thru Application Fee - non-refundable $283 Amplified Sound Permit $166 Pier Plaza Use Fee $11,292 per day Event Co-Sponsor $284 each Event Set-Up/Tear-Down $225 per location, per day Community Resources Staff $339 per day Building Inspection $157 per hour Parking Meter Space Fee $1.25 per hour per space Preliminary TOTAL Waived Waived Page 12 of 14 Revised 9/11/2019 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 ☐ Hermosa Beach Education Foundation 600 X X X X X X Page 13 of 14 Revised 9/11/2019 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 ☐ f X X Page 14 of 14 Revised 9/11/2019 BEACH COURTS USAGE MAP (required for all BEACH events.) Please circle the beach volleyball and/or beach tennis courts that you will be using for your event. This also includes those courts that may be removed for event-related activities. If you are applying for multiple events or multiple days where a different number of courts will be used, please complete a separate page for each, specifying the event title and date below. Completion of this map does not take the place of the required Site Plan. Event Name: Event Date(s): N/A City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0132 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD REMEDIATION PROJECT (CIP NO. 615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK (Environmental Programs Manager Douglas Krauss) Recommended Action: Staff recommends that the City Council: 1.Approve the Second Amendment of the agreement with Dudek for environmental remediation services at the City Yard; and 2.Authorize the City Manager to execute the amendment. Executive Summary: As part of the City’s efforts to design the New City Corporate Yard project (CIP No.615),an environmental investigation was performed and a Corrective Action Plan (CAP)was developed to recommend potential mitigation strategies.The CAP was submitted to the Los Angeles County Fire Department’s Health Hazardous Materials Division (County).The City must address the County’s comments and requirements to be able to proceed with environmental mitigation on site.Dudek is the consultant that helped investigate the site and develop the CAP.Approving the second amendment to the agreement with Dudek would allow the City to address the County’s comments and requirements in a timely and efficient manner and avoid project delays. Background: On August 8,2016,staff issued a request for proposals (RFP)from qualified firms to prepare a Human Health Risk Assessment (HHRA)to address contaminated soils,soil vapor,and groundwater at the City of Hermosa Beach Public Works Maintenance Yard located at 555 6th Street.This was in preparation of beginning the New Corporate Yard Facilities project (CIP No.615).Dudek submitted the lowest responsible and responsive proposal and City Council approved an award of the contract for the HHRA,with an optional task of a supplemental site assessment.The original contract for the HHRA and supplemental site assessment was for the amount of $59,400 and was signed in April 2017 (Attachment 1).The original agreement was amended with no additional cost in 2018 to extend the term of the contract to allow for the development of a Corrective Action Plan for submission to the Los Angeles County Fire Department’s Health Hazardous Materials Division,which City of Hermosa Beach Printed on 3/5/2020Page 1 of 4 powered by Legistar™ Staff Report REPORT 20-0132 submission to the Los Angeles County Fire Department’s Health Hazardous Materials Division,which serves as the regulatory agency for environmental oversight on this project.The County,via its Site Mitigation Unit,is eligible to serve as the oversight agency on projects to approve mitigation strategies and coordinate with other relevant regulatory agencies.The City has been working with them on this project thus far. Analysis: The CAP details the City’s strategies for mitigating any identified contamination on site as it relates to construction activities.The document includes measures to minimize disturbance of possible soil contamination,additional sampling and monitoring activities,and best practices during construction. The City submitted the CAP (Attachment 2)to the County in September 2019.In January 2020,the City received the County’s response to the CAP which required additional remediation measures and submittals. The City now seeks clarification from the County on a number of these items.Potential additional requirements would help inform the design of the project as well as construction activities and resulting costs.The County has also suggested the need for the installation of groundwater monitoring wells.The City requires the expertise of an environmental consultant to communicate with the County on the technical details of the CAP as well as to design a plan for any required additional soil sampling. Dudek’s expertise and familiarity with the CAP and approval process would be beneficial at this stage of the process to ensure successful and efficient continuation of the project’s progress.Staff recommends continuing with Dudek to avoid delays and costs that would result from hiring another consultant and familiarizing them with this project and its many technical details.The City’s simultaneous project design efforts are dependent on the County’s final determination on additional required activities,such as sampling or installation of additional monitoring wells.Dudek’s existing agreement expired in November 2019 and an amendment was not made at the time as staff was awaiting the County’s response to the CAP to determine the scope of a possible amendment.Upon receipt of the County’s response,staff requested a new proposal from Dudek to reflect these additional required tasks.This amendment,in the amount $24,870 (Attachment 3),would also extend the term of the contract to November of 2021 and allow Dudek to: 1. Respond to the County’s comments on the CAP 2. Develop a work plan for additional sampling 3. Perform any additional soil and soil vapor sampling 4. Develop a Health and Safety Plan as described in the CAP and as required by the County City of Hermosa Beach Printed on 3/5/2020Page 2 of 4 powered by Legistar™ Staff Report REPORT 20-0132 These four tasks would allow the City to address the County’s comments on the CAP and perform the tasks necessary to finalize the design of the project and plan for potential long-term sampling and monitoring activities.This amendment also includes $3,000 for additional services as needed for potential revisions to plans as required by the County or other regulatory agencies. Past Council Actions Meeting Date Description April 12, 2017 Approval of Contract for Professional Services for the City Yard Remediation Project (CIP No. 15 -615) Between the City of Hermosa Beach and Dudek 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: Public Safety Goal 6.Hermosa Beach is prepared for,responds to and recovers quickly from natural disasters Policies: ·6.3 Invest in critical facilities.Dedicate funds to upgrade and maintain essential facilities to make them more resilient to the potential impacts of natural disasters. Infrastructure Goal 7. Infrastructure systems are functional, safe, and well maintained Policies: ·1.2 Priority Investments.Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan. Fiscal Impact: This amendment in the amount of $24,870 would be funded from the appropriation for the City Yard Project (CIP No. 615). There are sufficient funds in the 2019-20 Budget to cover the amendment. City of Hermosa Beach Printed on 3/5/2020Page 3 of 4 powered by Legistar™ Staff Report REPORT 20-0132 Agreement Modification Request Agreement Current Authorized Amount Modified Request Amount FY 201 9-20 Budget Dept . Account # Total Revised Contract Amount Contract for Professional Services for the City Yard Remediation Project (CIP No. 615) Between the City of Hermosa Beach and Dudek $59,400 $24,870 CIP 615 $84,270 Attachments: 1.Existing contract with Dudek 2.Corrective Action Plan 3.Second Amendment and Dudek Proposal Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Marnell Gibson, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/5/2020Page 4 of 4 powered by Legistar™ Agreement No. _________ CONTRACT FOR PROFESSIONAL SERVICES FOR THE CITY YARD REMEDIATION PROJECT (CIP NO. 15-615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK This AGREEMENT is entered into this 12th day of April, 2017, by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and DUDEK, a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires services to prepare a Human Health Risk Assessment (HHRA) to address contaminated soils, soil vapor and groundwater at the City of Hermosa Beach Public Works Maintenance Yard. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1. CONSIDERATION AND COMPENSATION A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. C. As additional consideration, CITY agrees to pay CONSULTANT a total of $59,400 for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Page 2 of 11 2. SCOPE OF SERVICES. A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” 4. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Nicole Peacock, PE, PG. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on May 31, 2018, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. 8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 3 of 11 10. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. B. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. C. In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 12. INDEMNIFICATION. A. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions Page 4 of 11 concerning indemnification. 13. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 17. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or Page 5 of 11 non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to Page 6 of 11 liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured Page 7 of 11 retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 19. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub- consultants and agents. 20. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. 21. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. Page 8 of 11 22. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Kristy Morris Dudek 605 Third Street Encinitas, California 92024 ATTN: Nicole Peacock Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 23. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide emplo yee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 24. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein are generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. 25. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 26. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. 27. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 28. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment Page 9 of 11 with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 34. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. 35. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a) (2) or otherwise serves in a Page 10 of 11 staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a) (2) (A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT MAYOR By: Nicole Peacock, PE, PG ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No.95-3873865 APPROVED AS TO FORM: Michael Jenkins , City Attorney Page 11 of 11 EXHIBIT A January 19, 2017 Mr. Ken Robertson, Director Community Development Department City of Hermosa Beach Civic Center 1315 Valley Drive Hermosa Beach, California 90254 Subject: Revised City Maintenance Yard Remediation Project Proposal Dear Mr. Robertson: The keys to success for the City of Hermosa Beach’s (City) Maintenance Yard project will be the production of quality documents and effective negotiations with the selected regulatory oversite agency. These will lead to the expedited approval of a cost-effective remedial solution for the City Maintenance Yard (Site), enabling the City’s planned redevelopment of the Site. Our team will offer value to the City by leveraging our:  Long-standing local agency relationships and knowledge of regulatory processes,  Decades of health risk assessment, hazardous materials investigation, and site closure experience, and  Ability to integrate into our city clients’ teams as a knowledgeable teammate, mindful of the budget and schedule. Dudek works with LA County Agencies, using Human Health Risk Assessments (HHRAs) to develop realistic clean-up goals for implementation in remedial action plans (RAPs). We have strong relationships with the LACFD, DTSC and the LARWQCB, that will allow us to obtain timely approval of the most cost-effective remedial action. Quickly gaining this approval results in a more cost-effective and timely no further actions letter from the agencies, allowing for expedited site redevelopment. Dudek Home Office 605 Third Street Encinitas, California 92024 Project Contact Nicole Peacock Senior Engineer 605 Third Street Encinitas, California 92024 760.479.4152 npeacock@dudek.com Contracting Contact Peter Quinlan Vice President of Hydrogeology and Hazardous Materials Services 605 Third Street Encinitas, California 92024 760.479.4127 pquinlan@dudek.com COVER LETTER DUDEK City Maintenance Yard Remediation Project ii Project Manager Nicole Peacock, PE, PG has more than 17 years’ experience in Southern California site assessment, remediation, and redevelopment. She will provide consistent communication between Dudek and the City throughout the project process. Ms. Peacock is supported by Dr. Jill Ryer-Powder, Ms. Susan Smith, Mr. Derek Reed, and Mr. Peter Quinlan. Dr. Ryer-Powder, a toxicologist with Environmental Health Decisions, has worked successfully with Dudek on many projects, assessing health risks and developing clean-up levels for RAPs. Ms. Smith is an experienced field geologist. Mr. Reed has successfully mitigated sites throughout Los Angeles County. Mr. Quinlan is the head of Dudek’s hazardous materials division. Our team can help the City expedite the remediation process by getting agency consensus early and, potentially limiting the scope of and combining reports. Dudek understands the City’s tight timeline for the redevelopment of the Site, and with our team’s experience, we will expeditiously prepare an HHRA that will be used to establish risk-based clean-up goals. Utilizing our strong relationships with all the potential regulatory oversight agencies, we will gain approval of the clean-up goals. Our successful history of similar remediation projects means we will present the City with a Feasibility Analysis that can be used to create a RAP that is limited in scope and readily completed with reasonable costs and timing. Ms. Peacock and her team will work to build excellent relationships with City staff and are committed to being:  Informed Fully understanding the project and client goals;  Connected Effectively negotiating with regulatory oversight agency to obtain expedited site closure;  Resourceful Identifying problems and finding practical cost effective solutions;  Responsive Providing frequent communication and responding to phone calls and emails; and  Efficient Maintaining project budgets and momentum. We look forward to providing the City with responsive, high-quality remediation services. If you have any questions, please contact Nicole Peacock at npeacock@dudek.com or 760-479-4152. Sincerely, ____________________________________ Nicole Peacock, PE, PG Senior Engineer ____________________________________ Peter Quinlan, RG Vice President of Hydrogeology and Hazardous Materials Services Peter Quinlan is authorized to contract on behalf of Dudek. DUDEK City Maintenance Yard Remediation Project iii Table of Contents SECTIONS 1 Firm Overview ......................................................................................................................................................................... 1  2 Personnel ................................................................................................................................................................................. 3  3 Project Approach ................................................................................................................................................................... 7  4 Projected Schedule ............................................................................................................................................................. 12  5 Cost Estimate ........................................................................................................................................................................ 14  6 Project Experience and References ................................................................................................................................ 16  7 Professional Services Agreement.................................................................................................................................... 22  TABLES 1 Projected Schedule ............................................................................................................................................................. 12  2 Cost Estimate ........................................................................................................................................................................ 14  3 Project Experience ............................................................................................................................................................... 16  4 References ............................................................................................................................................................................. 20  FIGURE 1 Organizational Chart ............................................................................................................................................................ 3  APPENDICES A Team Resumes  B Insurance Certificate  DUDEK City Maintenance Yard Remediation Project iv INTENTIONALLY LEFT BLANK DUDEK City Maintenance Yard Remediation Project 1 1 Firm Overview Dudek is a California-based environmental firm with 12 offices and more than 350 planners, scientists, civil engineers, contractors, and support staff. We assist private and public clients on a broad range of projects that improve our clients’ communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. Our professionals find practical, cost-effective approaches to help you achieve your specific project goals. We work to build your trust, which allows us to offer constructive solutions with your project's long-term success in mind. As a mid-sized firm, we provide small-firm personal service of project managers who stay with your project from start to finish, combined with the breadth and depth of capabilities characteristic of larger firms in order to meet your project’s requirements. Our project managers are empowered to be problem solvers with the ability to make decisions in a timely fashion to keep project momentum moving forward. We are proud of our low employee turnover; our staff’s long tenure means the project manager you see at the bidding stage will likely be with you at project completion. Health Risk Assessment, Feasibility Analysis, and Site Remediation and Closure Expertise Dudek specializes in providing health risk assessment, feasibility analysis, site assessment, and remediation services to public agency and private sector clients. Dudek has obtained health risk-based site closures for many sites with soil, soil vapor, and groundwater impacts under the oversight of the LACFD, as well as under the DTSC and LARWQCB. The Dudek team has proven success in obtaining expedited closure of contamination cases. We conduct site assessments and remediation in the context of realistic, achievable health risk-based clean-up goals. Dudek has established good working relationships with lead regulatory agencies and often requests up-front meetings with the agencies to discuss key closure issues, such as using risk-based goals for cleanups or establishing a site as being in a non-beneficial groundwater use area. We strive to avoid the cycle of ongoing assessments, monitoring, and endless studies. We understand HHRAs and the real costs and feasibility of various remediation options. We understand the City’s specific needs and challenges involved in the redevelopment of the Site, including the need for Site- specific risk-based clean-up levels protective of human health, while obtaining timely closure from the selected environmental oversight agency. Dudek at a Glance  Multi-disciplinary environmental and engineering services  350+ employees  Twelve California offices  Founded in 1980; employee-owned  Top 110 U.S. Environmental Firms (Engineering News-Record)  90% rating for reliability, timeliness, and responsiveness (Dun & Bradstreet)  More than 160 on-call contracts throughout California FIRM OVERVIEW DUDEK City Maintenance Yard Remediation Project 2 Understanding of the City’s Regulatory Environment Dudek is familiar with the environmental regulatory process facing the City’s project. The City will likely have its choice of regulatory agencies to oversee the remediation and closure process for the Site. These agencies include the LACFD Health Hazardous Materials Division, the LARWQCB, and the DTSC. We have long-standing, successful relationships with caseworkers and management at each of these agencies, and can help the City decide the best path forward to a fast and cost effective Site closure. The Dudek team has successfully prepared HHRAs approved and used by these agencies to determine reasonable site-specific clean-up goals accepted by local and state regulatory agencies. Further, we have successfully implemented RAPs for former oilfield and landfill properties with soil and soil vapor impacts by hydrocarbons, lead, and volatile organic compounds (VOCs), so we know the real cost and feasibility of various remedial actions. Dudek has assisted several Los Angeles-area cities through the regulatory process with other environmental and engineering services, which has provided the Dudek team with a strong understanding of local city needs, as well as applicable laws, ordinances, regulations, policies, and requirements. Diverse Capabilities In addition to our skilled health risk assessment and remediation team, our depth and breadth of experience means we can quickly assemble and mobilize the appropriate level of service to match your project needs and budget. Our 350+ person in-house team includes:  AICP-certified environmental planners  CDFW- and USFWS-certified biologists  Registered professional archaeologists  Registered landscape architects  Registered environmental assessors  Certified arborists and foresters  Professional foresters  Noise and air quality specialists  Accredited LEED professionals  Certified GIS professionals  Certified hydrogeologists  Licensed geologists  Licensed professional engineers (PEs)  Licensed contractors DUDEK City Maintenance Yard Remediation Project 3 2 Personnel Expert Staff with Robust Capabilities Dudek understands the importance of a well-managed project team to effectively implement task orders, meet tight schedules and budgets, efficiently address unanticipated project changes, coordinate a multi-disciplinary team, and track multiple concurrent tasks. As the project manager and primary point of contact, Nicole Peacock will direct all tasks, providing oversight, technical input and consulting, program management, and day-to-day communication. Dudek’s HHRA and remediation specialists are able to mobilize to support City requirements. The proposed staff have sufficient availability and appropriate expertise for this project work, thereby eliminating the need for staffing changes as the project progresses. Dudek has invited Dr. Jill Ryer-Powder, a toxicologist from Environmental Health Decisions, to join our team as a high quality, cost-effective subconsultant with expertise in HHRA with a particular focus in the area of hydrocarbon-associated risks. Dr. Ryer-Powder is an expert in preparing health risk assessments and calculating site specific clean up goals, and has successfully worked with Dudek on many projects over the past two years. Dr. Ryer-Powder was a pioneer in the development of safe exposure levels for petroleum fuels and chlorinated hydrocarbons. Her expertise in the evaluation of health risks associated with various types of hydrocarbons is unparalleled, and will be key to the success of this project. Together with the Dudek team, she has obtained health risk-based No Further Action Letters from LACFD, DTSC and the RWQCB. Figure 1 outlines our project team of four primary Dudek staff members and subconsultants, as well as lines of communication between each. In addition to the staff and subconsultants proposed, Dudek has more than a dozen additional staff members available to provide the required environmental services. Following the organizational chart, biographies summarize key personnel qualifications. Resumes for the team are provided in Appendix A. FIGURE 1. ORGANIZATIONAL CHART PERSONNEL DUDEK City Maintenance Yard Remediation Project 4 EDUCATION Rutgers University PhD, Toxicology Cornell University BS, Nutrition EDUCATION University of California, Los Angeles BS, Civil and Environmental Engineering/Geology CERTIFICATIONS PE, CA No. 68775 Professional Geologist (PG), CA No. 8553 Certified Hydrogeologist, CA No. 940 Key Personnel Project Manager Nicole Peacock, PE, PG Nicole Peacock is an environmental engineer and geologist with 17 years’ experience in hazardous waste investigation and remediation projects, including Phase I and II environmental site investigations of soil, soil vapor, and groundwater. She has modeled the health risks associated with vapor intrusion by VOCs left in soil and soil vapor and completed cost allocation among potentially responsible parties for hazardous waste sites. She also has conducted landfill monitoring, school site assessments and groundwater monitoring and reporting. She assists clients with a wide variety of regulatory compliance reporting and actions as well as preparing Comprehensive Environmental Response, Compensation, and Liability Act and RCRA documentation. Health Risk Assessor, Toxicologist Jill Ryer-Powder Dr. Ryer-Powder is the Principal Health Scientist at Environmental Health Decisions. She brings more than 25 years of experience in toxicology and HHRA, Proposition 65 evaluation, and occupational toxicology to human health hazard and evaluation projects. In her position, Dr. Powder is responsible for strategic preparation, project management, and evaluation of chemical toxicity for risk assessment and product hazard evaluation projects. Her solid technical background, coupled with her frequent involvement in risk and hazard evaluation projects, gives her a broad perspective on the technical, economic, and regulatory considerations for human health hazard evaluation work. She has worked extensively with the U.S. Environmental Protection Agency (EPA) Region IX, the DTSC, the LARWQCB, and LACFD. Negotiations have involved presentation and approval of health risk assessments, health-based clean- up levels, and the setting of safe levels of exposure in the occupational and public arena. She has written agency-approved HHRAs for public agencies, schools, and private sector clients that resulted in site closures, enabling the sale or redevelopment of properties. Dr. Ryer-Powder has managed and performed more than 100 health risk assessments for local and national clients. Her site experience includes the development of site-specific clean-up goals used in RAPs, preliminary endangerment assessment risk assessments, Proposition 65 evaluations, federal and state Superfund sites, manufactured gas plant sites, Resource Conservation and Recovery Act (RCRA) sites, and Brownfields sites. She has prepared hundreds of material safety data sheets and product labels for consumer and industrial products, including petroleum fuels, solvents, metals, fertilizers, pesticides, adhesives, and fabric protectors. Dr. Ryer- Powder worked with public agencies in the development of safe exposure levels for petroleum fuels, and chlorinated hydrocarbons. This expertise in the evaluation of health risks associated with hydrocarbons makes her uniquely qualified to perform the HHRA for the City Maintenance Yard Site, as there are not many risk assessors with experience in this area. Together with the Dudek team, she has obtained health risk based No Further Action Letters from LACFD, DTSC and the LARWQCB. PERSONNEL DUDEK City Maintenance Yard Remediation Project 5 EDUCATION University of Arizona MS, Hydrology CERTIFICATIONS RG, AZ No. 26772 EDUCATION University of California, Los Angeles BS, Civil Engineering CERTIFICATIONS PE, CA No. 56042 Qualified Stormwater Pollution Prevention Plan Developer and Practitioner, No. 20144 EDUCATION California State University Fullerton BS, Geological Sciences, 2008 CERTIFICATIONS Professional Geologist (PG) CA No. 9176, exp. 11/30/15 OSHA 40–Hour HAZWOPER Certification with Annual 8-Hour Refresher Training OSHA Site Supervisor Health & Safety Training RCRA and DOT Hazardous Waste Handler Training Principal in Charge Peter Quinlan, RG Peter Quinlan is a registered geologist (RG) with 35 years' experience as a professional hydrogeologist. Mr. Quinlan’s experience includes design and supervision of contamination investigations at hazardous waste sites. He specializes, soil and groundwater remediation, expert witness testimony, groundwater modeling, and environmental assessments. Mr. Quinlan has directed the performance of remediation feasibility studies and health risk assessments, and will serve as principal in charge for the duration of the contract. Project Geologist Susan Smith, PG Susan Smith has more than 14 years’ experience in environmental consulting and project management. Ms. Smith’s experience is diverse in nature and covers much of the environmental project spectrum from Phase I Environmental Site Assessments (ESAs) to litigation support for Potentially Responsible Party (PRP) designation rebuttal. Her project experience includes oil field remediation, gas station investigation and remediation, soil sampling, soil vapor sampling, groundwater sampling, as well as a large-scale plume characterization study for a former refinery. Additionally, Ms. Smith has written work plans, health and safety plans, reports, developed compliance- based standard operating procedures, and performed as the liaison between regulatory agencies and her clients. She has also successfully applied and obtained payment for her clients through the California State Water Resources Control Board’s Underground Storage Tank Cleanup Fund Program. Ms. Smith has managed projects for a range of clients from small gas station owners to municipal sanitation districts. Project Engineer Derek Reed, PE Derek Reed is a registered civil engineer with 26 years’ environmental and civil engineering experience. Mr. Reed has conducted numerous site investigations, HHRAs, feasibility analyses, and remediation for a variety of projects in Southern California. Most recently, Mr. Reed provided third-party review and oversight of a petroleum hydrocarbon investigation and remediation of a residential/commercial zoned area for the City of Seal Beach. He is also providing ongoing investigation, risk assessment, and remediation services for the City of Compton and Orange County Sanitation District. Mr. Reed has provided hazardous waste and human health risk support for a variety of proposed projects, ranging from residential infill developments in former industrial zones to proposed zoning changes on large agricultural or undeveloped parcels. DUDEK City Maintenance Yard Remediation Project 6 INTENTIONALLY LEFT BLANK DUDEK City Maintenance Yard Remediation Project 7 3 Project Approach Overview As a first task, Dudek will review and summarize all site assessment data collected to date in comprehensive figures and tables, which will serve as the input parameters for the HHRA. Then, Dudek will meet with the City to present the findings of this review and identify any data gaps. Based on our preliminary review of the documents provided, Dudek recommends completion of a supplemental site assessment task, which includes the development of a refined work plan to address data gaps related to groundwater protection and vapor intrusion. This task also includes the development of a site-specific health and safety plan and the required permitting of soil borings. Finally, this task includes the preparation of a report suitable for agency submittal, which documents this assessment. The data will be presented to the City and Dudek will recommend a regulatory agency to oversee the remediation work, based on our most recent experiences with the available agencies. Using the compiled site assessment data, a HHRA will be performed. Following the completion of the HHRA, Dudek will confer with the City, presenting the predicted health risks at the Site and clean-up goals derived from this assessment. We will also discuss the remedial options available for the Site given the project’s time, budget, and spatial constraints. A remedial feasibility study will be completed as the second task, outlining various approaches to the remediation of the Site, and discussing the costs and timing of each of these options. It is anticipated that this will be a brief document to facilitate the City’s decision making, as it will likely not be a required formal document for the selected regulatory oversight agency. Dudek will present a clear description of the path to Site closure, including a timeline and all the steps needed to gain agency approval for a RAP, as well the steps involved in remediation and closure documentation. This feasibility study and the results of the HHRA will be presented to the City Council at a hearing. Task 1 Review of Site Assessment Reports, Development of Summary Data Tables and Figures for HHRA, Kickoff Meeting with the City to Discuss Project Timeline and Potential Regulatory Oversight Agency Upon receipt of the Notice to Proceed, Dudek will complete a review of the existing site assessment reports and the proposed RAP previously prepared for the Site. Within two (2) weeks of the City’s authorization Dudek will attend a project kickoff meeting with representatives from the City. The purpose of the kickoff meeting will be to:  Present findings of data review;  Discuss the path to Site closure and determine the regulatory agency to approach for oversight of any remediation activities required;  Discuss the project schedule and to establish protocols for ongoing communication; and  Familiarize the Dudek team with the issues and concerns that the City deems to be important for the analysis. Following the kickoff meeting and upon receipt of project information, Dudek will prepare summary tables and figures of all the data (soil, soil vapor, and groundwater) collected to date on the Site. For discussion purposes, the detected levels of chemicals of concern will be compared to the most recent 2016 State of California screening levels. The data tables will be formatted in such a way that they can readily be used as input files for the HHRA. PROJECT APPROACH DUDEK City Maintenance Yard Remediation Project 8 Deliverables  Excel tables of chemicals detected on Site for HHRA Input;  California screening levels included in table for discussion purposes;  Site figures showing complete set of soil/groundwater data and soil vapor data;  Project timeline and milestones for discussion; and  Kickoff meeting with the City. Task 2 Supplemental Site Investigation for Assessment of Groundwater Protective Data Gaps and Vapor Intrusion Evaluation Based on Dudek’s preliminary review of the site assessment reports and proposed RAP previously prepared for the Site, Dudek recommends additional site investigation to address potential impacts to groundwater and vapor intrusion. Groundwater Protective Data Gaps Dudek believes that the regulatory agency overseeing remediation activities will likely require the evaluation of Site data to ensure the protection of groundwater quality. Dudek will argue on the City’s behalf that the groundwater beneath the Site is not of beneficial use, since it is west of the salt-water intrusion barrier project. However, it is possible that the agency will still require additional data to show that the Site is not adversely impacting future drinking water sources with the lead and total petroleum hydrocarbons (TPH) in deep soils. To address data gaps in the area of groundwater protection, Dudek believes that additional sampling of deep soils and groundwater may be required. In our review of the Site Assessment documents Dudek has identified levels of soluble lead in excess of California hazardous waste criteria. Additionally, concentrations of TPH in excess of groundwater protective screening levels were identified in previous investigations of deeper soils at the Site. Further, one grab groundwater sample collected from a boring at the Site contained TPH and naphthalene, while another contained barium at levels in excess of drinking water maximum contaminant levels. To determine whether lead left in deep soils might pose a risk to the underlying groundwater, Dudek proposes the collection of additional deeper soil samples in areas where hazardous levels of lead are identified and analyzing these using a groundwater leachability test called the Synthetic Precipitation Leaching Procedure (SPLP). This test is different from the previous hazardous waste solubility testing, which uses an acid to simulate worst case leaching potential. The previously grab groundwater data was collected through the augers of a hollow stem drill rig. This method may have introduced sediments into the previously collected samples, resulting in the false positive detections of TPH, naphthalene, and barium. To address this sample integrity question, Dudek proposes the collection of one additional groundwater sample from a temporary monitoring well installed at the Site and analysis of that sample for metals, TPH, and VOCs. Vapor Intrusion Data Gaps Soil vapor samples were collected from two locations near the northern building on the Site in 2014. PCE was detected in both soil vapor sample locations, with higher concentrations in the deeper 15 foot samples. Dudek proposes to further evaluate potential vapor intrusion concerns by sampling shallow soil vapor . Approximately 10 soil vapor samples will be collected from 5 feet below ground surface. The soil vapor samples will be analyzed for VOCs by EPA Method 8260. PROJECT APPROACH DUDEK City Maintenance Yard Remediation Project 9 Supplemental Site Investigation Summary Dudek will prepare a refined technical work plan for the assessment of lead in deep soils, for the sampling and analysis of one groundwater sample, and for the soil vapor sampling. This work plan will describe all procedures to be followed during the supplemental site assessment activities. In addition, a site-specific health and safety plan will be prepared. Prior to fieldwork, Dudek will also obtain boring permits from the County of Los Angeles for the deeper borings. Dudek will also contract for an underground utility survey in the area of the borings and contact Digalert for safe drilling. The supplemental site assessment work will consist of the advancement of one (1) soil boring to approximately 55 feet, installation of a temporary well, pumping of water from the temporary well until turbidity levels have reached 5 NTU or stabilization, and sampling of that groundwater for TPH, VOCs, and metals. In addition, three (3) borings will be advanced to a depth of 15 feet, one (1) boring will be advanced to a depth of 25 feet, and soil samples will be collected in the area where hazardous levels of soluble lead were found previously. Up to 15 soil samples will be analyzed for total lead (TTLC), and soluble lead (STLC and SPLP). Lastly, approximately 10 soil vapor samples will be collected from the building vicinity and underneath the building for VOC analysis. The results of the soil, soil vapor, and groundwater sampling will be presented in a supplemental site investigation report. This report will describe the sampling activities and will evaluate the new data to determine if additional remediation is required to protect groundwater quality or if cleanup based on the health risk-based clean-up levels will also be sufficient to protect groundwater quality. Deliverables  A Supplemental Site Investigation including: o The advancement of one (1) boring to groundwater and installation of temporary monitoring well; o Sampling of groundwater from temporary well and analysis of VOCs, metals, and TPH; o Three (3) soil borings to 15 feet and one (1) boring to 25 feet; and o Sampling of soil for lead (total, soluble and groundwater leaching potential) and TPH. o Approximately 10 soil vapor samples from 5 feet for VOCs analysis  A Supplement Site Investigation Report will be prepared including: o Description of the sampling activities and field observations; o Figures and tables showing the results of sampling; and o An analysis of the new results describing their concentrations relative to groundwater protective levels.  A draft of the supplemental site assessment report will transmitted electronically for client review  A meeting or teleconference will be held to discuss findings and conclusions  One (1) round of revisions and edits will be included in the Final Supplemental Site Investigation Report Task 3 HHRA and Remedial Feasibility Study with Presentation to the City Council The Dudek Team, led by our toxicologist, Dr. Jill Ryer-Powder, will model and analyze site-specific health risks in an HHRA using the most recent State of California approved protocols and procedures described by the DTSC’s Preliminary Endangerment Assessment Guidance Manual (revised October 2015) and in HERO HHRA Note 4 (dated July 1, 2016) and in accordance with California EPA and U.S. EPA risk assessment procedures. The HHRA will evaluate the potential for health risks from residual chemicals left in place in soil and soil gas at the Site. PROJECT APPROACH DUDEK City Maintenance Yard Remediation Project 10 The HHRA will evaluate only complete exposure pathways (direct soil contact, soil vapor contact), and will not examine risks associated with groundwater, since groundwater is not used at the Site, nor will it likely be encountered in redevelopment activities, since it is found at depths greater than 45 feet below ground. Exposure scenarios will be developed using default exposure parameters presented in the California EPA and U.S. EPA guidance. The potential exposure pathway for indoor commercial workers to be assessed is inhalation of vapors from soil gas. Potential exposure pathways for outdoor industrial workers and construction workers include inhalation of vapors and particulates from outdoor air and direct contact with soil (ingestion and dermal contact). Toxicity values will be taken from the most recent data provided by the California EPA Office of Environmental Health Hazard Assessment (OEHHA) and, when not available from OEHHA, from the U.S. EPA All chemicals of potential concern will be evaluated for both potential cancer and non-cancer effects. For potential carcinogens, risk is defined as “the theoretical probability of developing cancer from that chemical upon exposure to that medium (Cal/EPA, 2013).” The hazard index, calculated for all chemicals of potential concern, is a measure of the potential for the exposures to produce adverse non-carcinogenic health effects, and is expressed as a ratio of the estimated dose to a dose that is believed to produce no adverse health effects. The results of this HHRA will be presented in table format, with the both the potential cancer risk and non- cancer risks to commercial workers, industrial workers and construction workers detailed on a chemical-specific basis. The HHRA will be utilized to create site-specific health risk-based clean-up goals. As a part of the feasibility studies to be conducted at the Site, the risk-based clean-up goals will be compared to the detected concentrations of chemicals of concern found on the Site to determine the extent of soils or soil vapor requiring remediation at the Site. Once the chemicals of concern and extent of soil and soil vapor requiring remediation are determined, different remediation technologies will be identified and evaluated. Some of the remedial alternatives to be examined include:  In-Situ Soil Vapor Extraction (SVE);  In-Situ Soil Stabilization;  Excavation using standard equipment and off-site disposal;  Excavation using standard equipment and on-site stabilization prior to off-site disposal;  Excavation using a bucket auger, coupled with in-situ stabilization and off-site disposal; and  In-place capping and engineered controls A cost and timeline for each of these and other remedial alternatives will be determined and presented in a feasibility study letter report. Dudek proposes that this feasibility and cost analysis be an informal document to be presented to the City and used as talking points for scoping of a RAP to be submitted to the selected regulatory agency. We believe that a more formal feasibility study will likely not be required of the regulatory oversight agency, and that the results of the evaluation can be presented either informally or as a part of the RAP. This streamlined approach will save the City time and money in the agency approval process. Deliverables  Formal HHRA with proposed Site clean-up goals;  A teleconference with City staff or consultants to discuss findings and conclusions of the HHRA;  One (1) round of revisions and edits to be included in the Final HHRA;  Brief remediation feasibility study report; PROJECT APPROACH DUDEK City Maintenance Yard Remediation Project 11  Presentation of results of the HHRA and remedial feasibility study to the City Council with a detailed description of all the tasks required to obtain closure including a RAP; and.  Presentation of the HHRA to the regulatory agency to obtain approval of the HHRA, leading to the production of a RAP. DUDEK City Maintenance Yard Remediation Project 12 4 Projected Schedule Table 1 depicts Dudek’s proposed schedule for this project. TABLE 1. PROJECTED SCHEDULE Task Timeframe Task 1 a. Review of site assessment reports, development of summary data tables and figures for HHRA Two weeks following authorization to proceed and receipt of all available reports b. Kickoff meeting with the City to discuss project timeline and potential regulatory oversight agency One week after Task 1a Task 2 a. Technical work plan for the assessment of data gaps, health and safety plan Two weeks after Task 1b b. Supplemental site assessment Two - three weeks after Task 2a c. Supplemental site assessment report Three weeks after Task 2b d. Meeting with the City on results of supplemental site investigation Three weeks after Task 2b, concurrent with Task 2c Task 3 a. HHRA report with clean-up goals Two weeks after Task 2d b. Feasibility analysis Two weeks after Task 3a c. Presentation to the City Council One week after Task 3b DUDEK City Maintenance Yard Remediation Project 13 INTENTIONALLY LEFT BLANK DUDEK City Maintenance Yard Remediation Project 14 5 Cost Estimate Budget Table 2 presents Dudek’s cost estimate for this project. The proposed price will be valid for a period of 90 days. TABLE 2. COST ESTIMATE Task Total Task 1 Data analysis and compilation for HHRA including figures and tables, kickoff meeting with the City to discuss data gap evaluation, and development of project goals, milestones and timeline $7,500 Task 2 Technical work plan for the assessment of data gaps, supplemental site assessment of lead and hydrocarbon leachability to groundwater and vapor intrusion evaluation, health and safety plan, and meeting with City $34,500 Task 3 HHRA report preparation with clean-up goals, feasibility analysis, presentation to the City council $17,400 Total $59,400 COST ESTIMATE DUDEK City Maintenance Yard Remediation Project 15 Fee Schedule DUDEK City Maintenance Yard Remediation Project 16 6 Project Experience and References Experience Summary The Dudek team has the background, resources, and experience to provide all of the necessary services as outlined in the Request for Proposals. Our primary technical team, led by Nicole Peacock, Dr. Jill Ryer-Powder, Peter Quinlan, Susan Smith, and Derek Reed have performed remediation services for agencies throughout Southern California. We have worked in close coordination with lead agencies such as the LACFD, the DTSC and the LARWQCB to complete projects that meet clients’ technical and budgetary expectations. Table 3 describes additional similar projects, which demonstrate the breadth of experience Dudek engineers and hazardous materials specialists have throughout California. TABLE 3. PROJECT EXPERIENCE Client/Project (Location) Relevant Services Provided Site Investigation HHRA Feasibility Study Removal Action Work Plan Site Remediation Agency Case Closure City IPS Corporation (Gardena)      La Verne Dry Cleaner (Los Angeles County)     Cal-Sorrento (San Diego County)   City of Carlsbad Former Shooting Range Lead Remediation (San Diego County)    City of Compton Underground Storage Tank (UST) Site (Los Angeles County)      Confidential Oil Production Company (Carson and Harbor City)       City of Fontana/UST Closure (Fontana)    City of Ontario/South Archibald Plume (Ontario)  City of San Diego Aerially Deposited Lead Study (San Diego County)   City of Seal Beach/Arco Gas Station (Seal Beach)   Excalibur Arco Gas Station (Las Vegas, Nevada)      Hocking International Laboratories (San Diego County)      Kearney National Inc. Former Manufacturing Facility (San Joaquin County)     Lonza Former Industrial Facility (Los Angeles County)     Mag Instrument Former Industrial Facility (San Bernardino County)      Mr. Best Dry Cleaners (San Diego County)    Orange County Sanitation District UST Site (Orange County)   Pacific Honda UST Site (San Diego County)       Petroleum Refinery Decommissioning (Southern California)   Pinnacle Entertainment/Hollywood Park Oil Field Remediation (Los Angeles County)   PROJECT EXPERIENCE AND REFERENCES DUDEK City Maintenance Yard Remediation Project 17 Key Work Performed  HHRA to establish site specific clean up goals  Limited excavation of lead impacted soils  Feasibility analysis to determine steps to site closure which indicated best approach was to separate soil/soil vapor from groundwater expedite surface closure  DTSC-approved risk based closure request for soils and soil vapor only  Continued remediation of groundwater under DTSC oversight TABLE 3. PROJECT EXPERIENCE Client/Project (Location) Relevant Services Provided Site Investigation HHRA Feasibility Study Removal Action Work Plan Site Remediation Agency Case Closure Pontius Avenue Former Manufacturing Site (Los Angeles County)    Printronix-Schlage Lock Former Industrial Facility (Orange County)    Raytheon-Hughes Newport Beach Facility (Orange County)      Rush Truck Maintenance Shop (San Diego County)      San Bernardino County Department of Public Works Lead Study (San Bernardino County)  Sweetwater Union High School District/Several High School Construction Projects (San Diego County)    Project Examples Health Risk-Based Closure of Soil and Soil Vapor Client: IPS Corporation, Gardena, California The Dudek team (including Dr. Jill Ryer-Powder) prepared an HHRA based on soil and soil vapor data collected at this PVC adhesive manufacturing facility for submittal to the DTSC. In order to expedite closure of surface issues, Dudek negotiated with the DTSC to separate the soil/soil vapor impact evaluations from groundwater contamination issues at the site. Based upon the results of the HHRA, minor excavations of lead impacted soils was required, and completed. Following the removal of soils with unacceptable risk levels, Dudek provided the DTSC with documentation requesting site closure for soil and soil vapor based upon the final data collected on the Site. The DTSC issued a No Further Action Letter for the Site, specifying future use of the property as commercial/industrial use. Dudek is continuing to help IPS with the remediation of groundwater at the Site under DTSC oversight. PROJECT EXPERIENCE AND REFERENCES DUDEK City Maintenance Yard Remediation Project 18 Key Work Performed  HHRA  SVE of solvents  Expedited site closure from Los Angeles county fire department based upon health risk assessment La Verne Dry Cleaner Client: Cedar Village Mobile Home Park To assist in the sale of this shopping mall property, Dudek completed expedited remediation of a release of the dry cleaning solvent tetrachloroethylene (PCE) to soil and soil vapor using Soil Vapor Extraction (SVE). Dudek and the property owner entered into a Voluntary Oversight Agreement with LACFD while the SVE remediation was ongoing. Following 9 months of effective SVE, Dudek ceased the remediation and collected soil and soil vapor confirmation samples, which showed that PCE had not reached groundwater at the site. Based upon these sample results, the Dudek Team conducted an HHRA for the property, which showed no unacceptable health risk to commercial use, and with this information Dudek requested site closure. The LACFD issued a No Further Action Letter for the site allowing for the property sale to be completed. Gas Station Investigations Client: City of Seal Beach The City of Seal Beach contracted Dudek to provide as-needed hazardous waste and hydrogeological services for the gas station site. Dudek provided consulting services to the city, conducting third-party review of the investigation and remediation of soil, soil vapor, and groundwater contamination associated with releases from USTs. This project involved an intensive community outreach campaign. Dudek provided the city with strategies for responding to public concerns when inaccurate data caused controversy. Although the city had little regulatory responsibility to manage the cleanup, it was necessary to take steps to avoid public confusion and/or costly litigation. In addition to third-party review of the gas station work, Dudek performed the following evaluation:  Investigation of benzene and methyl tertiary butyl ether migration from gas stations along sewer backfill, and potential infiltration into these sewer lines;  Evaluation of potential exposure to adjacent residences from vapor migration through sewer laterals, vents, and manholes;  Site sampling;  Evaluation of hydrogeologic conditions at the site; and  Human health risk evaluation to evaluate vapor intrusion. Dudek also assisted the city in obtaining UST closures at city-owned facilities. PROJECT EXPERIENCE AND REFERENCES DUDEK City Maintenance Yard Remediation Project 19 Key Work Performed  HHRA Excavation of lead-impacted soils Key Work Performed  Extensive agency coordination Excavation of impacted soils Key Work Performed  Water supply planning  Groundwater modeling  Water quality  Well siting  Public outreach Feasibility study preparation Pontius Avenue Phase 2 Client: Confidential Client, Los Angeles, California Dudek investigated and remediated lead-impacted soil at a former manufacturing facility in Los Angeles, California. Lead was detected at concentrations as high as 13,700 milligrams per kilogram in the shallow site soils. Elevated arsenic, cadmium, and PCBs were also detected at the site. Soil vapor samples were also collected at the site. PCE was detected in the majority of the site soil vapor samples. Dudek evaluated existing groundwater monitoring data from nearby sites, which indicated that the PCE originated off site. Dudek calculated the human health risk using the detected concentrations and recommended removal of impacted soils. Dudek oversaw the excavation of metals- and PCB-impacted soils at the site. Dudek screened the soils in the field using an x-ray fluorescence meter to ensure adequate removal of impacted soils. Upon completion of the excavation, Dudek collected confirmation soil samples for laboratory analysis. The impacted soil was transported to an appropriate disposal facility under manifest, and Dudek prepared a completion report for the project. Former Petroleum Refinery Environmental Consulting Client: Confidential Client, Southern California Dudek was contracted to provide environmental services during the decommissioning of a former petroleum refinery in Southern California. Dudek oversaw soil and waste sampling within 24 hours of receiving the request for services. Dudek prepared soil sampling work plans, conducted additional soil and waste sampling, oversaw impacted soil excavation, and prepared summary reports for submittal to the lead regulatory agency. Soils were impacted with TPH, metals, and PCBs. Dudek also prepared a UST removal work plan, oversaw the tank removal, conducted confirmation soil sampling, and prepared a UST closure report. Additionally, Dudek reviewed waste analytical results and provided recommendations for waste management and disposal of hundreds of loads of RCRA hazardous, non-RCRA hazardous, and non-hazardous waste from numerous sources. Chino Groundwater Basin Feasibility Study Client: City of Ontario Dudek prepared a feasibility study analyzing alternatives for both water supply and groundwater remediation necessitated by the presence of trichloroethylene (TCE) in a portion of the Chino Groundwater Basin. Dudek reviewed the historical groundwater production and quality data, analyzed quality trends, and employed a numerical model to simulate TCE migration and estimate future wellhead concentrations of TCE. PROJECT EXPERIENCE AND REFERENCES DUDEK City Maintenance Yard Remediation Project 20 Dudek utilized a stochastic approach to incorporate heterogeneity and address uncertainty associated with sparse measurements of hydraulic conductivity in the numerical model. Dudek assembled seven domestic water supply and six remedial alternatives for consideration in the feasibility study. These alternatives included identifying various wellfield configurations for extraction wells, evaluating of the ability of the existing Chino Basin Authority’s Desalter II RO treatment train to remove TCE, and proposing modifications to de-carbonators to achieve higher TCE removal rates. References Table 4 outlines three references who can speak to the quality of Dudek’s staff and services. TABLE 4. REFERENCES Client Reference Related Project Work IPS Corporation Will Barton, CFO 455 Victoria Street Compton, California 90220 310.898.3303 HHRA, site assessment and remediation, risk-based site closure from the DTSC City of Seal Beach Michael Ho, City Engineer 211 8th Street Seal Beach, California 90740 562.431.2527 Human Health Risk Evaluation for vapor intrusion, site assessment and remediation of hydrocarbon impacted sites, obtained closure for city-owned properties La Verne Shopping Center Dry Cleaner (Owned by Cedar Village Mobile Home Park) Lori Miller, Manager of Operations 306 South Commonwealth Avenue Los Angeles, California 90020 310.408.7688 HHRA, expedited site remediation with SVE, risk-based site closure from Los Angeles county fire department DUDEK City Maintenance Yard Remediation Project 21 INTENTIONALLY LEFT BLANK DUDEK City Maintenance Yard Remediation Project 22 7 Professional Services Agreement Dudek has read and takes no exceptions to the standard professional services agreement included with this Request for Proposals. A copy of our compliant insurance certificate is included in Appendix B. DUDEK City Maintenance Yard Remediation Project 23 INTENTIONALLY LEFT BLANK Corrective Action Plan i Dudek Hermosa Beach City Yard 10463 Table of Contents Acronyms and Abbreviations ............................................................................................ iv  Section 1.0 Introduction ................................................................................................... 1  1.1 Site Description and History ....................................................................................... 1  1.2 Proposed Renovations ................................................................................................. 2  1.3 Regulatory Overview .................................................................................................. 2  Section 2.0  Site Background ........................................................................................... 3  2.1 Site Characteristics ...................................................................................................... 3  2.1.1 Topography and Surface Water ........................................................................ 3  2.1.2 Geology ............................................................................................................. 3  2.1.3 Hydrogeology ................................................................................................... 4  2.2 Previous Investigations ................................................................................................ 4  2.2.1 Tank Closure Report for 555 6th Street, Hermosa Beach (GeoResearch, 1989) ......................................................................................... 5  2.2.2 Phase I ESA (Entrix, 1994) ............................................................................... 5  2.2.3 Subsurface Investigation: Hermosa Beach Maintenance Facility Site and Project Drill Site (Entrix, 1995) ........................................................................ 5  2.2.4 Environmental Closure Report for the Removal of Underground Storage Tank at City of Hermosa Beach City Yard (Geo-Cal, 1998) .............. 6  2.2.5 Phase I ESA (Brycon, 2012a) ........................................................................... 6  2.2.6 Phase II ESA (Brycon, 2012b).......................................................................... 6  2.2.7 Remedial Action Plan (Brycon, 2012c) ............................................................ 6  2.2.8 Report on Groundwater Assessment (Brycon, 2013) ....................................... 7  2.2.9 Report of Findings, Supplemental Site Assessment Activities (Padre, 2014) ..................................................................................................... 7 2.2.10 Supplemental Site Investigation (Dudek, 2018) ............................................... 7  2.2.11  Human Health Risk Assessment (HHRA; Environmental Health Decisions, 2018) ............................................................................................... 8  Section 3.0 Source, Nature, and Extent of Contamination ............................................ 10  3.1 Soil ............................................................................................................................. 10  3.2 Soil Vapor .................................................................................................................. 11  3.3 Groundwater .............................................................................................................. 11  Section 4.0 Corrective Action Objectives ...................................................................... 13  4.1 Nature of Contaminants ............................................................................................. 13  4.1.1 Arsenic ............................................................................................................ 13  4.1.2 Cadmium ......................................................................................................... 13  4.1.3 Lead................................................................................................................. 14  4.1.3 TPH ................................................................................................................. 14  4.2 Potential Receptors .................................................................................................... 15  4.3 Potential Environmental Issues/Cleanup Goals ........................................................ 15  4.3.1 Impacts to Surface Waters .............................................................................. 15  4.3.2 Risk to Human Health – Vapor Intrusion ....................................................... 15  4.3.3 Risk to Human Health – Direct Contact ......................................................... 16  Corrective Action Plan ii Dudek Hermosa Beach City Yard 10463 4.3.4 Impacts to Groundwater .................................................................................. 16  Section 5.0 Corrective Action Alternatives ................................................................... 17  5.1 Alternative 1 - No Action .......................................................................................... 17  5.2 Alternative 2 – Partial Excavation of Landfill, Landfill Cap and Institutional Controls ............................................................................................................................. 17  5.3 Alternative 3 – Landfill Excavation .......................................................................... 18  5.4 Alternative 4 – Soil Stabilization .............................................................................. 18  Section 6.0 Comparison of Corrective Action Alternatives .......................................... 19 6.1 Implementability ....................................................................................................... 19  6.1.1 No Action ........................................................................................................ 19  6.1.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls ......... 19 6.1.3 Landfill Excavation ......................................................................................... 19  6.1.4 Soil Stabilization ............................................................................................. 20  6.2 Effectiveness ............................................................................................................. 20  6.2.1 No Action ........................................................................................................ 20  6.2.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls ......... 20 6.2.3 Landfill Excavation ......................................................................................... 21  6.2.4 Soil Stabilization ............................................................................................. 21  6.3 Cost ............................................................................................................................ 21  6.3.1 No Action ........................................................................................................ 21  6.3.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls ......... 21  6.3.3 Landfill Excavation ......................................................................................... 22  6.3.4 Soil Stabilization ............................................................................................... 22  6.4 Summary ................................................................................................................... 22  Section 7.0 Corrective Action Workplan ....................................................................... 23  7.1 Health and Safety Plan .............................................................................................. 23  7.2 Permitting .................................................................................................................. 24  7.3 Excavation ................................................................................................................. 24  7.4 As-Built Grading Maps and Cap ............................................................................... 25  7.5 Deed Restriction ........................................................................................................ 25  7.6 Contingency Plan ...................................................................................................... 25  Section 8.0 References ................................................................................................... 26  Tables 1 Soil Sampling Results 2 Soil Vapor Sampling Results 3 Groundwater Sampling Results 4 Alternatives Comparison (table located within the text on page 22) Corrective Action Plan iii Dudek Hermosa Beach City Yard 10463 Figures 1 Vicinity Map 2 Site Map 3 Soil Sampling Data Above Screening Levels 4 Soil Vapor Data – PCE (g/m3) 5 Groundwater Sampling Locations and Select Data Appendix A Current Renovation Plan Corrective Action Plan iv Dudek Hermosa Beach City Yard 10463 Acronyms and Abbreviations bgs – below ground surface BTEX – benzene, toluene, ethylbenzene, and xylene CAP – corrective action plan CFR – Code of Federal Regulations DOGGR – Division of Oil, Gas, and Geothermal Resources DTSC – Department of Toxic Substances Control EPA – Environmental Protection Agency ESA – environmental site assessment ESL – environmental screening level HHRA – human health risk assessment HSP – health and safety plan g/kg – micrograms per kilogram g/l – micrograms per liter g/m3 – micrograms per cubic meter mg/m3 – milligrams per cubic meter mg/kg – milligrams per kilogram mg/L – milligrams per liter MCL – maximum contaminant level MTBE – methyl tertiary butyl ether PAH – polycyclic aromatic hydrocarbon PCB – polychlorinated biphenyl PCE – tetrachloroethylene PID – photoionization detector PPE – personal protective equipment ppm – parts per million RCRA – Resource Conservation and Recovery Act RWQCB – Regional Water Quality Control Board SCAQMD – South Coast Air Quality Management District SSI – supplemental site investigation STLC – soluble threshold limit concentration SVOC – semi-volatile organic compound TPH – total petroleum hydrocarbons UST – underground storage tank VOC – volatile organic compound Corrective Action Plan 1 Dudek Hermosa Beach City Yard 10463 Section 1.0 Introduction This Corrective Action Plan (CAP) has been prepared for submittal to the Los Angeles County Fire Department, Site Mitigation Unit (the County) in order to obtain voluntary oversight of site remediation to be conducted prior to renovation of the City of Hermosa Beach City Yard site at 555 6th Street in Hermosa Beach, California (the site, Figure 1). The City of Hermosa Beach entered into a voluntary oversight agreement with the County in October 2018. Dudek provided the County with the prior investigation reports for the site in November 2018. The prior investigation reports include sufficient site data to evaluate the remedial actions needed to proceed with the City’s planned renovation of the site. The planned site renovation includes 1) removal of the existing southern building, 2) addition of a new maintenance building along the western property border, 3) addition of a new shop building in the northwestern corner of the site, 4) addition of a new covered wash area along the western property border, and 5) construction of a new administrative building in the southeastern corner of the site. Site grading will be conducted across the site (other than at the existing northern site building, which is to remain). The future grading is expected to occur to depths of 2 to 5 feet. A former City dump was located in the northeastern portion of the site (landfilled area). Metals and petroleum impacts have been identified in this area. Based on a 2018 human health risk assessment, the human health risk at the site is limited to exposure of outdoor construction workers via direct contact. This CAP presents the remedial action alternatives to mitigate the noted human health risk during construction grading, when direct contact with landfill materials could occur. Additionally, the CAP considers remedial alternatives to mitigate the human health risk that could occur from potential future direct contact after construction. 1.1 Site Description and History The site is located at 555 6th Street in Hermosa Beach, California, in a commercial/light industrial setting (Figure 1). The site is located within Assessor’s Parcel Number 4187- 031-900 and is located on the northwest corner of Valley Drive and 6th Street. The site is bordered to the north by commercial/light industrial businesses, followed by residences. The site is bordered to the west by commercial/light industrial businesses. The site is bordered to the south by 6th Street and a self-storage center. The site is bordered to the east by Valley Drive and a City-owned recreational path/greenbelt. The northeastern portion of the site was used as a City dump from the late 1920s until the late 1940s/early 1950s (Figure 2). The dump accepted municipal wastes, such as glass, porcelain, ceramic, metal, and burn ash. In the 1920s (based on a 1927 Sanborn Fire Insurance Map), refuse was burned on-site, in a small, older building located near the corner of Valley Drive and 6th Street. Waste was placed to a depth of approximately 45 feet below ground surface (bgs) in the northeast corner of the site. The known extent of the former City dump, based on the Padre 2014 report (Padre, 2014), is shown on Figure 2. Corrective Action Plan 2 Dudek Hermosa Beach City Yard 10463 The landfill reached capacity by the late 1940s/early 1950s. Thereafter, the site was paved and used as the City maintenance yard. The current building located in the southeast corner of the site replaced the incinerator building some time prior to 1946. The building was used as the City garage as of 1946. Based on a review of aerial photographs, the existing building along the northern property line was added between 1975 and 1986. Oil production and petroleum storage have occurred on other portions of the site. Based on the 1946 Sanborn Fire Insurance maps included in the Brycon 2012 Phase I Environmental Site Assessment (ESA; Brycon, 2012a), there were two steel oil tanks and an oil well on the western half of the site in 1946 and 1960. According to Division of Oil, Gas, and Geothermal Resources (DOGGR), the oil well (Stinnett Lease) last produced in 1988 and is plugged and abandoned. Two 500 – 550 gallon underground storage tanks (USTs) used to store gasoline or paint thinner/wastewater were removed from the southern end of the building located in the southeast corner of the site in 1988. Three fuel USTs (two 4,000-gallon gasoline tanks and one 2,000-gallon diesel tank) were removed from south of the existing northern building in 1998. Both UST removal cases received no further action closure from the Los Angeles County Department of Public Works. 1.2 Proposed Renovations The planned site renovation includes 1) removal of the existing southern building, 2) addition of a new maintenance building along the western property border, 3) addition of a new shop building in the northwestern corner of the site, 4) addition of a new covered wash area along the western property border, and 5) construction of a new administrative building in the southeastern corner of the site. Within the landfilled area, which is where the site impacts are located, the planned renovation work consists solely of general grading to 2 to 4 feet depth (Appendix A). No subsurface work will be conducted under the existing northern building, which will remain in place. The future grading in the western portion of the site (outside of the landfilled area) is expected to occur to depths of 2 to 5 feet. The planned maintenance building along the western property border is proposed to be placed over or near a plugged oil well. The DOGGR recommends setting buildings back at least 10 feet from oil wells, so that repairs can be made to the well, if necessary. Dudek recommends that the City go through the Well Review Program with DOGGR to evaluate the plugged oil well and the building placement. 1.3 Regulatory Overview The City of Hermosa Beach submitted a voluntary oversight application to the County on October 10, 2018. The prior site reports were submitted to the County in November 2018. This CAP was prepared in accordance with the Los Angeles Regional Water Quality Control Board (RWQCB) May 1996 Interim Site Assessment and Cleanup Guidebook, which is referenced in the County’s 2009 Complete Guidance for Hazardous Wastes and Materials document. Corrective Action Plan 3 Dudek Hermosa Beach City Yard 10463 Section 2.0 Site Background This section describes the site characteristics, previous investigations, and the nature and extent of contamination based on information collected during previous investigations. 2.1 Site Characteristics The site is located in Hermosa Beach, California. The topography, geology, and hydrogeology of the site are presented in this section. 2.1.1 Topography and Surface Water The overall topography of the site is relatively flat; however, depressions and elevated areas are noted in various areas of the site. An elevated area exists in the central portion of the site. The reason for this elevated area and the depressed area to the west is not known. A large depression is present north of the existing southeastern building. This depression appears to have been created during development and leads to an underground garage below the southeastern building. The site consists of approximately 1.3 acres and has an average elevation of approximately 55 feet above mean sea level. There is no surface water in the vicinity of the site. The Pacific Ocean is approximately ½ mile west of the site. 2.1.2 Geology The site is located within the southwestern block of the Los Angeles Basin. The underlying geology of the site vicinity is characterized by Quaternary eolian deposits consisting of fine to medium grained sand that rapidly grades into silty sand of older eolian deposits (California Department of Conservation, 1998). The northern portion of the site contains fill material to a depth of approximately 45 feet. Based on prior investigations, site soils outside of the landfilled area have been classified as medium to light brown silty sand, silty coarse sand, and coarse sand (Brycon, 2013). Within the landfilled area, the soils are generally classified as dark silty sands with debris. During the advancement of two deep borings within the landfilled area as part of the 2018 Supplemental Site Investigation (SSI), subsurface soils at approximately 15, 25, 35, and 45 feet bgs were described as follows (Dudek, 2018):  Boring S1, located in the central-southern portion of the landfilled area o Soils ranged from sand at 15 feet bgs to clayey and silty sand at 40-45 feet bgs. No recovery was obtained during drilling from 15 to 30 feet bgs. Dark soils and a petroleum odor were observed from 35 to 45 feet bgs. Corrective Action Plan 4 Dudek Hermosa Beach City Yard 10463  Boring S2, located in the southwestern quadrant of the landfilled area o Soils ranged from silty sand at 15 feet bgs to sand with large gravels from 25 to 45 feet bgs. The soils at 15 and 25 feet bgs were dark brown to black. Debris and a petroleum odor were observed in the soil from 15 feet bgs. 2.1.3 Hydrogeology The site is situated in the West Coast Coastal Plain of Los Angeles (4-11.03). The site is located just south of an area (El Segundo area) noted for having no municipal beneficial uses; however, the site is located within the “Remainder of the Basin” area, which does have designated beneficial uses. According to the 2013 groundwater sampling report, the semi-perched groundwater in the site vicinity is of little beneficial use because of poor quality and low yield (Brycon, 2013). Additionally, the 2013 groundwater report notes that there are no known drinking water wells in the site vicinity. Groundwater was encountered between 46 and 51 feet bgs during the 2013 groundwater investigation (Brycon, 2013). During the 2018 SSI, groundwater was encountered in the two site borings at approximately 42 to 45 feet bgs (Dudek, 2018). No permanent wells have been established on the site and no groundwater elevation data have been collected. However, it can be assumed that the general groundwater flow direction would be toward the west. 2.2 Previous Investigations Environmental investigations began at the Site in 1989, when two USTs were removed from the Site. The following investigations have occurred between 1989 and the present:  Tank Closure Report (GeoResearch 1989)  Phase I ESA (Entrix 1994)  Subsurface Investigation: Hermosa Beach Maintenance Facility Site and Project Drill Site (Entrix 1995)  Environmental Closure Report for the Removal of Underground Storage Tank at City of Hermosa Beach City Yard (Geo-Cal 1998)  Phase I ESA, City of Hermosa Beach Maintenance Yard (Brycon 2012a)  Phase II ESA, City of Hermosa Beach Maintenance Yard (Brycon 2012b)  Remedial Action Plan (Brycon 2012c)  Report on Groundwater Assessment, Hermosa Beach Maintenance Yard (Brycon 2013)  Report of Findings, Supplemental Site Assessment Activities, City of Hermosa Beach Maintenance Yard Facility (Padre 2014)  Supplemental Site Investigation (Dudek 2018)  Human Health Risk Assessment (Environmental Health Decisions, 2018) Corrective Action Plan 5 Dudek Hermosa Beach City Yard 10463 The existing site data are presented in Tables 1, 2, and 3. Site soil sampling locations with concentrations in excess of screening levels are shown on Figure 3. Select soil gas and groundwater data are presented in Figures 4 and 5. 2.2.1 Tank Closure Report for 555 6th Street, Hermosa Beach (GeoResearch, 1989) Two 500-550 gallon USTs were removed from the site in January 1988. The closure report notes that the tanks were used to store gasoline; however, other County public works files note that the tanks contained either fuel, thinner, or paint wastewater. The closure report figures show that the tanks were located approximately 35-40 feet west and 10-15 feet north of the corner of Valley Drive and 6th Street. This places the former tanks beneath the southern-most portion of the existing southern site building, although the closure report figures do not show this building. Five 40-foot deep soil borings were advanced; three of the borings were in the vicinity of the former tanks. Samples from 5, 10, 15, 20, 30, and 40 feet below ground surface (bgs) were analyzed for total petroleum hydrocarbons (TPH); no TPH was detected in the soil samples. 2.2.2 Phase I ESA (Entrix, 1994) This report was not available for review; however, a summary of the report was included in the Brycon 2012 Remedial Action Plan. The report noted the site operations as including a maintenance building, drum storage area, vehicle washout area, asphalt batching area, an oil well, and two UST areas. Soil vapor sampling was conducted in the vicinity of the USTs and no significant release from the USTs was identified. 2.2.3 Subsurface Investigation: Hermosa Beach Maintenance Facility Site and Project Drill Site (Entrix, 1995) As part of the subsurface investigation, soil samples were collected in the vicinity of the maintenance building (grounds keeping, paint room, petroleum, and drum storage areas), the former City dump, the vehicle washout/UST area, the asphalt batching area, and the former oil production area. The soil samples were collected from depths up to 46 feet bgs and analyzed for TPH and volatile organic compounds (VOCs). Select samples were also analyzed for metals and polychlorinated biphenyls (PCBs). No VOCs or PCBs were detected in the soil samples. TPH was detected in 5 of 23 samples at concentrations of 730 milligrams per kilogram (mg/kg) to 36,000 mg/kg. The majority of the TPH detections were from the landfilled area. The highest TPH concentration was detected at 20 feet bgs. Elevated metals (cadmium and lead above regulatory screening levels) were detected in the landfilled area, with the highest concentrations detected at 15 feet bgs. Corrective Action Plan 6 Dudek Hermosa Beach City Yard 10463 2.2.4 Environmental Closure Report for the Removal of Underground Storage Tank at City of Hermosa Beach City Yard (Geo-Cal, 1998) Two 4,000-gallon gasoline USTs and one 2,000-gallon diesel UST, along with two dispensers, were removed from the site in 1998. Two soil samples were collected under each former tank, one sample along the piping, and one sample under each former dispenser. The soil samples were analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX), methyl tert-butyl ether (MTBE), and gasoline and diesel-range TPH. With the exception of one detection of diesel-range TPH at 15 mg/kg, none of these compounds were detected in the soil samples at concentrations greater than the laboratory reporting limits. 2.2.5 Phase I ESA (Brycon, 2012a) The Phase I ESA identified the City dump and maintenance areas as potential areas of concern. The Phase I ESA recommended further sampling in these areas. 2.2.6 Phase II ESA (Brycon, 2012b) As a follow-up to the 2012 Brycon Phase I ESA, a Phase II ESA site assessment was conducted at the site. Seventy-three soil samples were collected from 11 soil borings advanced to up to 44 feet bgs. All soil samples were analyzed for TPH, while the 13 samples with the highest TPH concentrations were also analyzed for VOCs. Twenty-six of the samples were also analyzed for metals and/or lead. Elevated concentrations of diesel-range TPH (up to 10,500 mg/kg) were detected in the landfilled area. The highest TPH concentration was detected at 25 feet bgs. Elevated concentrations of lead (up to 9,680 mg/kg) were also detected in the landfilled area. The highest concentration of lead was detected at 15 feet bgs. BTEX was detected in one boring in the landfilled area at concentrations of 0.015 mg/kg benzene, 0.07 mg/kg ethylbenzene, and 0.015 mg/kg xylenes. The report concluded that TPH impacts are primarily in the deeper soils of the landfilled area (25 to 44 feet bgs), while metals impacts were limited to the upper 25 feet in the landfilled area. 2.2.7 Remedial Action Plan (Brycon, 2012c) The Remedial Action Plan identifies approximately 9,000 cubic yards of lead-impacted soils and an additional 4,500 cubic yards of TPH-impacted soils. The report also evaluates potential remedial alternatives for soil remediation. The remedial action recommended in the RAP was not completed. Corrective Action Plan 7 Dudek Hermosa Beach City Yard 10463 2.2.8 Report on Groundwater Assessment (Brycon, 2013) Groundwater was encountered at the site around 50 feet bgs. Groundwater grab samples were collected from three borings advanced in the landfilled area. The samples were analyzed for TPH, metals, VOCs, pH, total dissolved solids, total suspended solids, and chlorides. Elevated diesel-range TPH was detected in one of the groundwater samples (104 milligrams per liter (mg/L)). Naphthalene was also detected in the same groundwater sample (12 micrograms per liter (µg/L)). Elevated lead, arsenic, and barium (greater than the maximum contaminant level) were also detected. The report stated that the TPH concentrations were likely due to the former City dump, whereas the source of the elevated metals was unknown. The report noted that the groundwater in the vicinity of the site would not typically be used for drinking water and may not require remediation. 2.2.9 Report of Findings, Supplemental Site Assessment Activities (Padre, 2014) Soil vapor samples were collected from two locations near the northern maintenance building at depths of 5 and 15 feet bgs. Additionally, soil samples were collected from 12 locations throughout the site, at a depth of approximately 2 feet bgs. The soil vapor samples were analyzed for gasoline-range TPH, VOCs and methane. TPH was detected in all the soil vapor samples at concentrations ranging from 660 to 1,600 micrograms per cubic meter (µg/m3). Several VOCs were detected at the site, including methyl ethyl ketone (up to 60 µg/m3), benzene (up to 85 µg/m3), and tetrachloroethylene (PCE; up to 620 µg/m3). The highest soil vapor concentrations were generally detected in the deeper samples. Methane was not detected at concentrations above 10 ppmv. The soil samples were analyzed for TPH, VOCs, metals, semivolatile organic compounds (SVOCs), including polycyclic aromatic hydrocarbons (PAHs), organochlorine pesticides, and polychlorinated biphenyls. The pesticide chlordane was detected in four of the samples at concentrations up to 44 micrograms per kilogram (µg/kg). The PAHs fluoranthene (0.106 mg/kg) and pyrene (0.119 mg/kg) were the only SVOCs detected in the soil samples. Elevated lead concentrations, with soluble threshold limit concentration (STLC) lead detected above 5 mg/L, were detected in four samples. No other metals impacts were identified. While concentrations of diesel and oil-range TPH were detected, all of the detected concentrations were less than 1,000 mg/kg. No VOCs or PCBs were detected at concentrations greater than the laboratory reporting limits. 2.2.10 Supplemental Site Investigation (Dudek, 2018) The supplemental site investigation, conducted in 2017, included analysis of soil, soil vapor, and groundwater samples from an additional 15 locations (13 soil vapor and 2 soil Corrective Action Plan 8 Dudek Hermosa Beach City Yard 10463 and groundwater). The results of the soil vapor sampling indicated the presence of PCE- impacted soil vapor throughout the both the northern and southern portions of the site. The PCE concentrations detected at the site were below human health screening levels based on continued commercial/industrial use of the site. Soil and groundwater sampling indicated the presence of TPH-impacted soil around 15 feet bgs in the central-southern portion of the landfilled area. Deeper soil in this area was not impacted with TPH; likewise, elevated concentrations of TPH were not detected in the groundwater in this area (diesel-range TPH was detected in groundwater at 0.26 mg/L). Stained and odorous soils were observed at 35-45 feet bgs in the soil in the southwestern quadrant of the landfilled area. Soil from this location was not analyzed for TPH; however, based on the observations made, elevated TPH may be present. Additionally, TPH (diesel and oil-range) were detected in the groundwater in this area. Diesel-range TPH was detected at 15 mg/L and oil-range TPH was detected at 4.8 mg/L. Prior groundwater samples collected in this vicinity in 2013 (approximately 30 feet from Boring S2) detected elevated diesel-range TPH (104 mg/L), but no VOCs other than naphthalene (0.012 mg/L). This data indicates that while medium to heavy petroleum hydrocarbons (diesel and oil-range TPH) have reached the groundwater in this area of the site, the impacts to human health are likely minimal because groundwater in this area is not used for drinking water and because of a lack of elevated concentrations of VOCs in the groundwater. Elevated lead concentrations (above regulatory screening levels) were detected in the central-southern portion of the landfilled area at 15 feet bgs. The lead concentrations decreased with depth, such that the lead concentrations were below the regulatory screening levels for the commercial scenario at 35 and 45 feet bgs. No lead impacts were detected in the southwestern portion of the landfilled area. Lead was not detected above the laboratory reporting limit in either of the groundwater samples. Based on this data, the lead impacts appear to be limited to the upper 25 to 30 feet of soil within the landfilled area and have not impacted groundwater. While lead was detected above the maximum contaminant level (MCL) during previous groundwater sampling in 2013, the difference may be in sampling and analysis methods: a grab sample was obtained in 2013 while a lower turbidity sample was collected following well purging and analyzed for dissolved metals during the SSI. 2.2.11 Human Health Risk Assessment (HHRA; Environmental Health Decisions, 2018) The maximum concentrations of metals, TPH, VOCs, chlorinated pesticides, PCBs, and PAHs detected in soil during past investigations were tabulated in the HHRA. The soil data were evaluated with respect to potential impacts to outdoor construction workers at the site. The maximum concentrations of VOCs in soil vapor and groundwater were tabulated and evaluated with respect to potential impacts to indoor commercial workers via vapor intrusion. Corrective Action Plan 9 Dudek Hermosa Beach City Yard 10463 The estimated cancer risk to outdoor construction workers was calculated as 5x10-5, based on the maximum detected arsenic, cadmium, and TPH concentrations. The HHRA notes that the arsenic concentrations appear to be at background levels; eliminating arsenic from the calculation yields an estimated cancer risk of 2 x 10-7. Although the estimated cancer risk is less than the de minimus level of one in a million, the non-cancer risk, or hazard index, is still greater than the de minimus level of 1, at 65. Thus, there is a non-cancer risk under the outdoor construction worker scenario. However, the only samples with TPH or cadmium concentrations greater than the human health screening levels were GP-1, GP-2, GP-3, GP-4, GP-10, B4, B5, and B14, all located within the landfilled area. Therefore, this risk is driven solely by direct contact with TPH and cadmium-impacted soils from within the landfilled area. Lead impacts in soil were evaluated separately, but were likewise determined to present a human health risk to future construction workers that may contact soils within the landfilled area (concentrations of lead greater than the human health thresholds were also only detected within the landfilled area; samples GP-1, GP-2, GP-4, GP-9, GP-11, B4, and DH-2). The estimated vapor intrusion risk to indoor commercial workers at the site was evaluated using the site soil vapor and groundwater VOC data. The estimated risk was calculated to be less than the de minimus level. Thus, the human health risk at the site is limited to exposure of outdoor construction workers to soils within the landfilled area via direct contact. Corrective Action Plan 10 Dudek Hermosa Beach City Yard 10463 Section 3.0 Source, Nature, and Extent of Contamination The source of contamination at the Hermosa Beach City Yard site is the former City dump located on the northeastern portion of the site (Figure 2). Sampling in the area has identified elevated concentrations of metals and TPH. Soil, soil vapor, and groundwater at the site have been sampled between 1988 and 2017. One hundred forty (140) soil samples have been collected at the site. The soil samples have been collected throughout the site and at depths from 2 feet below ground surface (bgs) to 45 feet bgs (the approximate depth of groundwater). More than 17 soil vapor samples have been collected from the site, in areas around both existing buildings. Five groundwater samples have been collected from temporary wells in the northern half of the site. 3.1 Soil As described in the previous investigations section, 140 soil samples have been collected from the site between 1988 and 2017. Based on the soil sampling conducted at the site, the metals impacts appear to be limited to the upper 20 to 30 feet. Metals detected above soil screening levels (Environmental Protection Agency [EPA] Regional Screening Levels, Department of Toxic Substances Control [DTSC] HERO Note 3, and RWQCB Environmental Screening Levels [ESLs]) were:  Arsenic, with screening level exceedances of 15 mg/kg and 17.6 mg/kg at depths of 15-25 feet bgs (these concentrations may be within background levels),  Cadmium, with screening level exceedances of 15.5 mg/kg, 24.6 mg/kg, and 50 mg/kg at depths of 15-25 feet bgs, and  Lead, with screening level exceedances of 362 mg/kg at 2 feet bgs, 1200 mg/kg at 5 feet bgs, 881 and 1,350 mg/kg at 10 feet bgs, 611, 1,300, 3,900, and 9,680 mg/kg at 15 feet bgs, and 4,260 mg/kg at 25 feet bgs in various site borings from within the landfilled area. At each location where deeper sampling was conducted, low concentrations of cadmium and lead (less than the soil screening levels) were detected beneath the elevated concentrations (greater than the soil screening levels). Additionally, during the 2017 sampling, no metals were detected in the groundwater samples at concentrations greater than the MCLs. Therefore, it appears that the elevated cadmium and lead in the soils within the landfilled area have not impacted groundwater. It is likely that if the metals in the fill soil have not yet impacted groundwater, nearly 70 years following closure of the City dump, that they are unlikely to in the future, assuming that the site remains paved and storm water infiltration is limited. Corrective Action Plan 11 Dudek Hermosa Beach City Yard 10463 Concentrations of metals above soil screening levels were detected as shallow as 2 feet bgs in one sample on the eastern portion of the landfilled area (362 mg/kg lead). The concentration of lead at 3 feet bgs in a sample collected from the western portion of the landfilled area was 21.6 mg/kg, which is below soil screening levels and hazardous waste levels. A sample from 5 feet bgs at this location; however, contained hazardous levels of lead (1,200 mg/kg). Based on the data collected to date, the soils in the upper 4 feet may or may not be above hazardous waste levels (as noted in Section 1.2, the proposed future grading in the landfilled area is up to 4 feet depth). Soils between 5 and 25 feet bgs in portions of the landfilled area are known to have lead concentrations above soil screening levels and hazardous waste levels. TPH (diesel and oil-range) is present at concentrations above soil screening levels in portions of the landfilled area between 3 and 45 feet bgs. The TPH impacts extend to groundwater and likely impacted the groundwater in the landfilled area. Impacts to groundwater are discussed in Section 3.3. 3.2 Soil Vapor More than 17 soil vapor samples have been collected at the site. Initial soil vapor sampling was conducted in the area of the former USTs in 1994 as part of UST removal. No impacts to soil vapor from the USTs were identified. Additional soil vapor samples were collected in 2014 as part of supplemental site assessment activities. TPH (gasoline-range) was detected in all the soil vapor samples at concentrations ranging from 660 to 1,600 µg/m3. Several VOCs were detected at the site, including methyl ethyl ketone (up to 60 µg/m3), benzene (up to 85 µg/m3), and tetrachloroethylene (PCE; up to 620 µg/m3). The highest soil vapor concentrations were generally detected in the deeper samples. The 2017 sampling included samples from 13 soil vapor borings. The results of the soil vapor sampling indicated the presence of PCE-impacted soil vapor throughout the both the northern and southern portions of the site. The PCE concentrations detected at the site were below human health screening levels based on continued commercial/industrial use of the site. 3.3 Groundwater During a 2013 groundwater sampling event, groundwater grab samples were collected from three borings advanced in the landfilled area. The samples were analyzed for TPH, metals, VOCs, pH, total dissolved solids, total suspended solids, and chlorides (Brycon, 2013). Elevated diesel-range TPH was detected in one of the groundwater samples (104 mg/L). Naphthalene was also detected in the same groundwater sample (12 µg/L). Concentrations of lead, arsenic, and barium greater than the MCLs were also detected. The report stated that the TPH concentrations were likely due to the former City dump, whereas the source of the elevated metals was unknown. The report noted that the Corrective Action Plan 12 Dudek Hermosa Beach City Yard 10463 groundwater in the vicinity of the site would not typically be used for drinking water and may not require remediation (Brycon, 2013). Additional groundwater samples were collected from two borings as part of the 2017 supplemental site investigation (Dudek, 2018). All metals in groundwater were below regulatory MCLs. Based on the lack of groundwater impacts detected in groundwater in 2017 and based on the fact that low concentrations of metals were detected in soil beneath the shallower, high concentrations, it appears that the elevated metals in the landfilled area have not impacted groundwater. Diesel-range TPH was detected in groundwater in 2017 at concentrations of 15 mg/L in Boring S1 and 0.26 mg/L in Boring S2. Oil-range TPH was detected in Boring S1 at 4.8 mg/L. Based on the TPH data in the soil and groundwater samples, it appears that the medium to heavy petroleum hydrocarbons (diesel and oil-range TPH) have impacted groundwater at the site. However, there is no MCL for TPH. Additionally, impacts to human health from the impacted groundwater are unlikely because groundwater in this area is not used for drinking water and because of a lack of elevated concentrations of VOCs in the groundwater. Additionally, while there are few data points, it appears that the TPH impacts in groundwater may be localized. Despite an assumed groundwater flow direction to the west, the western-most (downgradient) groundwater sample collected in 2017 (S2) contained only a low concentration of diesel-range TPH (0.26 mg/L) and did not contain a concentration of oil-range TPH above the laboratory reporting limit. Conversely, the eastern-most sample from 2017 (S1), which is assumed to be upgradient from S2 had higher concentrations of diesel-range TPH (15 mg/L) and oil-range TPH (4.8 mg/L). Likewise, only one sample out of the three groundwater samples collected in 2013 contained a detectable concentration of diesel-range TPH; the assumed downgradient sample from 2013 was non-detect. Therefore, it appears that the TPH impacts in groundwater may be limited to a small area of the site and do not extend off- site or outside of the landfilled area. Corrective Action Plan 13 Dudek Hermosa Beach City Yard 10463 Section 4.0 Corrective Action Objectives Corrective action objectives are cleanup goals for the soil and groundwater at the Hermosa Beach City Yard site. The cleanup goals in designated beneficial use waters are generally defined by the MCLs. Vapor migration of contaminants and potential risks to human health via direct contact are also considered for the definition of cleanup goals. This section also presents the nature of the site contaminants, identifies potential receptors, and identifies environmental issues that need to be addressed. 4.1 Nature of Contaminants The nature and extent of contamination at the site is presented in the previous section. The contaminants of concern at the site are the metals arsenic (although the maximum concentrations detected at the site may be within the range of typical background concentrations), cadmium, and lead and TPH (diesel-range). The nature (toxicity, persistence, and potential for spreading in soil and groundwater) of these contaminants is discussed in this section. 4.1.1 Arsenic Forty-one soil samples from the site have been analyzed for arsenic. The majority of the samples were collected from within the landfilled area. Arsenic was detected in 82% of the samples from the landfilled area, with an average concentration of 3.6 mg/kg and a 95% upper confidence limit of 7.7 mg/kg. These levels are below the DTSC upper-bound background level for Southern California (12 mg/kg; DTSC, 2009) and below the upper range of background arsenic in California identified by the Air Force and DTSC (23.2 mg/kg; 2005 Air Force and DTSC’s Inorganic Chemicals in Ground Water and Soil: Background Concentrations at California Air Force Bases). Only two site samples slightly exceeded the DTSC upper-bound background level for Southern California of 12 mg/kg (15 mg/kg and 17.6 mg/kg). While arsenic was detected two site samples (out of 41 samples) at concentrations above the DTSC Southern California background level of 12 mg/kg, all site concentrations were less than the 2005 Air Force and DTSC background level of 23.2 mg/kg for California and the statistical average and upper confidence limit were less than both background levels. Therefore, it is likely that the arsenic concentrations detected at the site represent background levels and should not be a factor for site remediation. 4.1.2 Cadmium Cadmium was detected at a concentration greater than the DTSC HERO Note 3 screening level of 7.3 mg/kg in three samples, with concentrations of 15.5 mg/kg, 24.6 mg/kg and 50 mg/kg. These elevated concentrations were all detected from within the landfilled area, between 15 and 25 feet bgs. Corrective Action Plan 14 Dudek Hermosa Beach City Yard 10463 Cadmium is a heavy metal that is classified as a human carcinogen. Based on the 2018 HHRA; however, the maximum site cadmium concentration contributes minimally to the cancer risk. Cadmium contributes to the non-cancer risk. Cadmium is a severe pulmonary and gastrointestinal irritant (Tchounwou, et. al., 2012). The main route of human exposure is via inhalation (of dust) or ingestion (via hand-to-mouth activities). Cadmium is persistent in the environment and is relatively immobile in soil, as it binds to organic matter. Cadmium can become mobile in acidic conditions. Based on the lack of cadmium detections in the groundwater, it is unlikely that the cadmium in the site soils is mobile. 4.1.3 Lead Lead was detected at a concentration greater than the DTSC HERO Note 3 screening level of 320 mg/kg in nine samples from the landfilled area. The lead concentrations that exceeded the screening level included a maximum concentration of 9,680 mg/kg, with six detections exceeding 1,000 mg/kg. The concentrations exceeding the screening level were all detected from within the landfilled area, between 2 and 25 feet bgs. Lead contributes to the non-cancer risk at the site. Lead toxicity after repeated exposure affects most functions in the human body and can lead to kidney disfunction, encephalopathy, and death. The main route of human exposure is via inhalation (of dust) or ingestion (via hand-to-mouth activities). Lead is persistent in the environment and is relatively immobile in soil, as it binds to organic matter. Lead is mobile in acidic conditions. Based on the lack of dissolved lead detections above the MCL in the groundwater in 2017, it is unlikely that the lead in the site soils is mobile. 4.1.3 TPH TPH (diesel-range) was detected at elevated concentrations in the soil in the landfilled area to depths of 45 feet bgs. TPH is also present in the groundwater in portions of the landfilled area. Human exposure can occur via skin contact or ingestion. TPH is not a consistent entity and it changes as it weathers. Therefore, it is difficult to assign specific toxicity factors for TPH. Toxicity is usually associated with the compounds that make up TPH (typically benzene, toluene, ethylbenzene, xylene, hexane, and naphthalene). The most toxic/carcinogenic of these compounds is benzene. However, there has been minimal benzene detected in the site soils and soil vapor. Naphthalene has been detected in several soil samples (8 soil samples from within the landfilled area), but at concentrations less than the human health screening levels (EPA RSLs, DTSC HERO Note 3, or RWQCB ESLs). Ethylbenzene and xylenes have also been detected in site soils at concentrations less than the human health screening levels. Corrective Action Plan 15 Dudek Hermosa Beach City Yard 10463 The diesel-range petroleum hydrocarbons within the landfilled area have relatively low to moderate mobility. Petroleum hydrocarbons biodegrade in many settings. The presence of heavy metals in the shallower soils (above 25 feet bgs) may inhibit biodegradation; however, the conditions in the deeper soils should allow for biodegradation of the petroleum hydrocarbons. 4.2 Potential Receptors Based on the HHRA, the only risk is to outdoor construction workers via direct contact. Groundwater under the landfilled area is impacted with petroleum hydrocarbons (diesel and oil-range TPH). However, there is no MCL for TPH. Additionally, based on the groundwater data, the impacts appear to be limited to an area of the former landfill and do not appear to extend downgradient. Based on this information, it does not appear that significant impacts to regional groundwater have occurred. As the landfill closed approximately 70 years ago, it is unlikely that significant impacts to regional groundwater will occur in the future. Additionally, the semi-perched groundwater in the site vicinity is not used for drinking water and is of little beneficial use because of poor quality and low yield (Brycon, 2013). 4.3 Potential Environmental Issues/Cleanup Goals 4.3.1 Impacts to Surface Waters As stated in Section 2.1.1, there are no surface water streams, canyons, or other surface beneficial use areas near the site. The Pacific Ocean is approximately ½ mile west of the site. The site has been paved continuously since prior to 1986 and surface runoff is directed off site without having contact with site soil or groundwater. The TPH-impacted groundwater at the site does not appear to extend downgradient of the landfilled area. Therefore, groundwater at the site has already met the cleanup goals based on protection of surface waters. 4.3.2 Risk to Human Health – Vapor Intrusion Potential risks to human health due to migration of vapors from contaminated soil/soil vapor and groundwater were quantified in the HHRA. The vapor inhalation risk, based on soil vapor and groundwater data, was calculated to be within the de minimus level of one in one million. Therefore, the cleanup goals based on vapor migration have been met. Corrective Action Plan 16 Dudek Hermosa Beach City Yard 10463 4.3.3 Risk to Human Health – Direct Contact In addition to risk due to vapor migration, risk due to contact and ingestion of contaminated soil must be considered. This pathway must be considered due to the planned grading within the landfilled area of the site as part of the planned renovation of the City yard. 4.3.4 Impacts to Groundwater Corrective action objectives for soil involve goals for contaminant levels in soil that would not threaten the groundwater at the site. As described in Section 3.1, it does not appear that metals have impacted the groundwater and it is unlikely that future impacts will occur. Additionally, there is very limited potential for rainfall infiltration to promote downward migration of contaminants because site has been continuously paved since 1988 and is sloped to direct runoff offsite, to storm drains. The cleanup goals for soil, therefore, have been met. TPH (diesel-range) has impacted groundwater. However, the impacts appear to be in a limited area. Further, as discussed in Section 4.2, it is unlikely that significant impacts to regional groundwater will occur in the future. Additionally, there is no MCL for TPH. Corrective Action Plan 17 Dudek Hermosa Beach City Yard 10463 Section 5.0 Corrective Action Alternatives This section presents alternative strategies for achieving the target cleanup goals proposed for the site. The alternatives presented in this section are evaluated for their implementability, effectiveness, and cost effectiveness in Section 6. The corrective action alternatives proposed for the Hermosa Beach City Yard site are no action, partial excavation of landfill with landfill cap and institutional controls, landfill excavation, and soil stabilization. 5.1 Alternative 1 - No Action This alternative involves no active remediation at the site. 5.2 Alternative 2 – Partial Excavation of Landfill, Landfill Cap and Institutional Controls For this alternative, partial excavation would occur as part of grading during site renovation. The landfill material will be removed to the depth of the proposed grading (2-4 feet bgs) within the landfilled area, with the exception of the area beneath the existing northern building. This is roughly assumed to be approximately 1,200 cubic yards of material. A site health and safety plan would be implemented during grading/excavation to ensure the safety of workers and limit exposure to contamination during construction. Additionally, dust control measures would be implemented to ensure worker and public safety. The excavated material would be characterized and profiled for proper off-site disposal. Once grading is completed, as-built grading maps will be completed that show the depth of landfill material beneath the new surface elevation. A deed restriction will be filed that includes the following restrictions on the landfilled area of the site: 1) The City will maintain an asphalt or concrete cover over the landfilled area in good condition to minimize infiltration of stormwater and limit contact with impacted soils. The cover can be replaced or modified assuming the new cover completely covers the landfilled area and does not allow for ponding. 2) No excavation will be allowed below the top of the landfill material (based on the as-built maps) without first obtaining approval from a regulatory agency. An asphalt or concrete cap would be installed over the landfilled area to limit the infiltration of stormwater through the landfill. This alternative would minimally reduce contamination in the landfill itself; however, preventing stormwater infiltration through the landfill will further help protect groundwater beneath the site from contaminants within the landfill. Corrective Action Plan 18 Dudek Hermosa Beach City Yard 10463 As stated in Sections 3 and 4, metals impacts to groundwater are unlikely and TPH impacts to groundwater appear to be limited to a small area of the site. As the groundwater impacts are limited to diesel and oil-range TPH, which do not have a MCL, and the semi-perched groundwater in the vicinity of the site is not used for drinking water and has low yield, the groundwater impacts are not significant and do not require remediation. This alternative limits further impacts to groundwater as the cover would limit infiltration of storm water through the landfill. 5.3 Alternative 3 – Landfill Excavation In this alternative, impacted soil in the landfill (~13,500 cubic yards according to the 2012 Brycon remedial action plan) would be excavated and transported off-site for disposal. A site health and safety plan would be implemented during grading/excavation to ensure the safety of workers and limit exposure to contamination during construction. Additionally, dust control measures would be implemented to ensure worker and public safety. The excavated material would be characterized and profiled for proper off-site disposal. This alternative would involve the removal of the existing northern building in order to facilitate the excavation. Additional, clean soil around the landfilled area may need to be excavated in order to facilitate safe excavation to depth. This alternative would mitigate further potential impacts to groundwater, as the source of contamination in the landfill would be removed from the site. 5.4 Alternative 4 – Soil Stabilization In situ soil solidification/stabilization is a remediation technology that binds contaminants to existing soil/subsurface materials using Portland cement, polymers or other binding agents. Binding agents are mixed with subsurface materials in situ using a large diameter solid flight auger. This alternative does not result in the reduction of contaminants at the site; however, the human health risk and risk to groundwater from contaminants would be mitigated as the contaminants are bound in cement or similar material. In order to stabilize the soil beneath the existing northern building, this alternative would involve the removal of the building. As stated in Sections 3 and 4, metals impacts to groundwater are unlikely and TPH impacts to groundwater appear to be limited to a small area of the site. As the groundwater impacts are limited to diesel and oil-range TPH and the semi-perched groundwater in the vicinity of the site is not used for drinking water and has low yield, the groundwater impacts are not significant and do not require remediation. Corrective Action Plan 19 Dudek Hermosa Beach City Yard 10463 Section 6.0 Comparison of Corrective Action Alternatives This section compares the four alternatives described in Section 5 using the following criteria: implementability, effectiveness, and cost. These criteria cover the primary balancing criteria cited in 40 Code of Federal Regulations (CFR) Section 300.430. 6.1 Implementability Implementability includes the ease and feasibility of installation of the corrective action alternatives. Implementability includes evaluation of the construction and operation of the remediation systems considering operation of the current Hermosa Beach City Yard, physical site characteristics, and system requirements. 6.1.1 No Action The no action alternative is easily implemented. 6.1.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls Alternative 2, partial excavation of landfill, landfill cap and institutional control, would require some excavation at the site, which would occur anyway as part of site redevelopment. This alternative would require a site health and safety plan to limit the exposure of workers and the public to contaminants during site grading. The excavated material would require characterization and off-site disposal. There is limited space on- site for storage of material, so off-site transport of material would have to occur during grading activities. Following grading, cap construction and deed restrictions would be relatively easy to implement. Based on this information, the implementability for this alternative is moderate-to-easy. 6.1.3 Landfill Excavation Alternative 3, landfill excavation, involves removal of all impacted soils from the landfill site. Soils would need to be excavated to 45 feet bgs. This would require engineering controls or overexcavation on the sides to maintain a safe, deep excavation. Due to the depth of the excavation and the required sloping, there would be very limited space on- site for storage of material, so off-site transport of material would need to be highly coordinated or occur immediately after excavation. Sampling and characterization of the soils would likely be required prior to excavation, to facilitate the immediate off-site transport of materials. This would require a substantial drilling and sampling effort. In addition, implementation of this alternative would require the removal of the northern maintenance building from the site, which is not otherwise planned for removal. Corrective Action Plan 20 Dudek Hermosa Beach City Yard 10463 Based on this information, the implementability for this alternative is difficult. 6.1.4 Soil Stabilization Alternative 4, soil stabilization, requires existing subsurface soils and materials to be mixed with a binding agent to bind contaminants in place. Binding agents are mixed with subsurface materials using a large diameter solid flight auger. Contaminants are not removed from the site; however, they are effectively bound in-situ preventing further impacts to groundwater from the contaminants at the site. Soil stabilization may also require a deed restriction, and future development on the landfill footprint may be limited. In addition, soil stabilization may be difficult to implement if the auger encounters rubble. A pilot test would need to be conducted to thoroughly evaluate the implementability of soil stabilization. Additionally, in order to implement this alternative, the northern maintenance building would have to be removed from the site. Based on this information, the implementability for this alternative is moderate-to-difficult. 6.2 Effectiveness Effectiveness includes the projected reduction of toxicity, mobility, or volume through treatment, the risks to public health, workers, and the environment, the permanence of the alternative, along with the degree of certainty that the alternative will prove successful and the relative time required to achieve protection. 6.2.1 No Action The no action alternative does not achieve reduction of toxicity, mobility, and volume. However, as stated in Sections 3 and 4, impacts to human health and groundwater from contamination at the site are minimal. However, if the landfill was not partially excavated, the proposed site renovation could not be completed as designed. Therefore, the effectiveness of no action is low. 6.2.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls Partial excavation of the landfill will reduce the contaminant volume at the site. In addition, the landfill cap would limit the infiltration of groundwater through the landfill, therefore limiting mobility and providing protection to groundwater. Current groundwater impacts are limited to medium to heavy petroleum hydrocarbons. However, there is no MCL for TPH and the semi-perched groundwater in the vicinity of the site is not used for drinking water and has low yield. Therefore, the groundwater impacts are not significant and do not require remediation. The institutional controls and cap would provide long- lasting protection of human-health by limiting direct contact with the impacted soils. Corrective Action Plan 21 Dudek Hermosa Beach City Yard 10463 Excavation and institutional controls are known entities, such that there is a high degree of certainty that the remedial action will prove successful. The effectiveness of partial excavation of landfill, landfill cap and institutional control is moderate. 6.2.3 Landfill Excavation Landfill excavation would remove contaminants from the site, effectively mitigating human health risk and further potential impacts to groundwater. Landfill excavation increases off-site impacts, as contaminated soils that are removed from the landfill would be disposed off-site. Excavation is a known entity, such that there is a high degree of certainty that the remedial action will prove successful. The effectiveness of landfill excavation is good. 6.2.4 Soil Stabilization Using soil stabilization, contaminated soils would remain on-site; however they would not contribute to human health risk or potential groundwater impacts as contaminants would be bound in cement or similar material. Soil stabilization would not remediate current groundwater impacts, but current groundwater impacts are limited to medium to heavy petroleum hydrocarbons and the semi-perched groundwater in the vicinity of the site is not used for drinking water and has low yield. Therefore, the groundwater impacts are not significant and do not require remediation. The degree of certainty that the remedial action will prove successful is not clear; a pilot test would be needed to evaluate the likelihood for success. As a result, the effectiveness of soil stabilization is moderate. 6.3 Cost The total projected costs of each corrective action alternative are presented in this section. 6.3.1 No Action There are no starting or operating costs associated with the no action alternative. Therefore, this alternative is highly cost-effective. 6.3.2 Partial Excavation of Landfill, Landfill Cap and Institutional Controls Costs for partial excavation of the landfill, landfill cap and institutional controls include the costs for health and safety monitoring, cap installation, and institutional controls. The costs for partial landfill excavation and materials disposal are a part of the renovation costs that would occur anyway, and are therefore not included in this cost. Costs for implementation of this alternative are estimated to be approximately $150,000 to $300,000. The total costs for this alternative are low-to-moderate. Corrective Action Plan 22 Dudek Hermosa Beach City Yard 10463 6.3.3 Landfill Excavation Landfill excavation would require cost for removal and disposal of approximately 13,500 cubic yards of impacted soil. Assuming 4,500 cubic yards of soil are RCRA hazardous, 4,500 cubic yards of soil are non-RCRA hazardous, and 4,500 are non-hazardous, costs for soil sampling, soil excavation, and disposal are estimated to be $1 million to $2 million. These costs do not include costs associated with removal of the existing north maintenance building. Total costs for landfill excavation are relatively high. 6.3.4 Soil Stabilization Soil stabilization requires mixing of contaminated soils with a binding agent using a large diameter solid flight auger. Initial costs for implementation of soil stabilization are expected to be approximately $500,000 to $1 million. These costs do not include the costs associated with removal of the northern maintenance building. Therefore, the total costs for soil stabilization are relatively moderate-to-high. 6.4 Summary The following table summarizes the comparison of corrective action alternatives. Table 4 Alternatives Comparison Alternative Implementability Effectiveness Cost Total 1 Easy (5) Low (1) Low (5) 11 2 Moderate-to-Easy (4) Moderate (3) Low-to-Moderate (4) 11 3 Difficult (1) Good (5) High (1) 7 4 Moderate-to- Difficult (2) Moderate (3) Moderate-to-High (2) 7 Values of one through five were assigned to the descriptors (low, low-to-moderate, moderate, moderate-to-high, and high). Higher values were assigned to the alternatives that most positively met the criteria. The table illustrates that Alternatives 1 and 2, no action and partial landfill excavation, landfill cap and institutional controls are both preferred based on implementability, effectiveness, and cost. However, as the no action alternative does not allow for renovation of the site as currently designed, the preferred alternative is partial landfill excavation, landfill cap and institutional controls. Corrective Action Plan 23 Dudek Hermosa Beach City Yard 10463 Section 7.0 Corrective Action Workplan The proposed plan involves the removal of the landfill material to 2 – 4 feet bgs within the landfilled area, characterization and off-site disposal of the material, placement of an asphalt or concrete cap, and implementation of institutional controls. 7.1 Health and Safety Plan The initial task would be the development of a health and safety plan (HSP). The health and safety plan will include measures to protect workers from skin contact and ingestion of contaminants in soils to be excavated. The HSP will identify the non-chemical and chemical hazards. The non-chemical hazards include hazards associated with the use of heavy machinery, potential for encountering underground utilities, and uneven work surfaces. Management of the non-chemical hazards will be accomplished via underground utilities markout and mapping, the use standard procedures for working around heavy equipment (reflective vests and the use of eye contact, hand signals, and/or two-way radios for communication between ground personnel and equipment operators), and general safe work practices (daily health briefings, hearing protection, staying aware of tripping hazards, and maintaining a fire extinguisher, first aid kit, and map to the hospital on-site). No excavations are anticipated to exceed 4 feet in depth; therefore, the project does not involve any confined space work. The chemical hazards are associated with direct contact or ingestion of metals and TPH- impacted soils. Exposure to metals and TPH will be limited via the use of dust control, air monitoring, personal protective equipment (PPE), general safe work procedures (no eating, drinking, or smoking in the work areas), and proper decontamination. The air monitoring will include the following:  VOC monitoring using a photoionization detector (PID). o The action level for the PID will be based on PCE, with a breathing zone action level of 25 parts per million (ppm).  Dust monitoring o The action level for particulates will be based on the maximum detected shallow lead concentration of 1,200 mg/kg, a factor of safety of 4, and the permissible exposure limit for lead (breathing zone action level of 10 milligrams per cubic meter [mg/m3]).  4-gas monitor calibrated to methane (or multiRAE, which includes the gas monitor and PID) o The action level for methane is 10% of the lower explosive limit. Corrective Action Plan 24 Dudek Hermosa Beach City Yard 10463 Dust control will include wetting of the soils and excavation area. Use of the dust monitor and the general rule of thumb regarding visible dust will inform the use of PPE and/or additional dust control beyond that already employed. Level D PPE will be used unless air monitoring or persistent visible dust indicates the need for Level C PPE. Additionally, Tyvek coveralls will be used if direct contact with soils (other than via nitrile-gloved hands) is to occur. Site controls will be implemented to restrict access of unprotected personnel to the work areas. 7.2 Permitting The following permits will be obtained, as needed:  Proper City/County permits will be obtained for the excavation work (e.g., grading permit).  A permit for water usage/temporary water meter may be needed.  A South Coast Air Quality Management District (SCAQMD) permit under Rule 1150 for landfill excavation. 7.3 Excavation In order to characterize the soil to be excavated, soil samples from 1-1.5, 2-2.5, and 3-3.5 feet bgs will be collected from 7 locations within the landfilled area prior to excavation. The 21 samples will be analyzed for metals, as waste characterization for disposal will depend on the metals concentrations. If concentrations exceed 10 times the STLC, the samples will also be analyzed for STLC for the specific metals above 10 times the STLC. The sample results will be used to plan the excavation, soil segregation, and disposal. For example, if the 1-1.5 and 2-2.5 foot samples are characterized as non-hazardous, but the 3-3.5 foot samples are characterized as hazardous, then the soils shallower than 2.5 feet will be segregated from the soils deeper than 2.5 feet when excavated. Unanticipated segregation will occur in the event that oil-saturated soil or burn-ash is identified in areas otherwise identified as non-hazardous based on the characterization sampling. The excavation of the shallow portions of the landfilled area to be graded will take place in accordance with the SCAQMD 1150 permit, if needed. The permit may require that only a portion of the landfill can be exposed at a time. The soils/material will be excavated using an excavator or similar heavy equipment. The material will be stockpiled in the adjacent paved site areas, placed into bins, or loaded directly into trucks for off-site disposal. Soil stockpiles, if used, will be managed to prevent or reduce potential dust generation. Stockpile management may include wetting, the use of straw wattles or sand bags to limit the transport of sediment from the piles, Corrective Action Plan 25 Dudek Hermosa Beach City Yard 10463 the use of a heavy-duty plastic liner to cover the stockpiles overnight or when not in use, and stockpile inspections. Excavated material will be transported off-site for proper disposal within 90 days. 7.4 As-Built Grading Maps and Cap Once grading (excavation and added fill, as needed) is completed, a cap will be added. The cap will consist of asphalt or concrete and will be used to direct storm water to storm drains and away from the site. The cap will also serve to prevent direct contact to remaining waste materials. The cap will be checked every five years to determine if it is intact or if maintenance is required. As-built grading maps will be completed that show the depth of landfill material beneath the new surface elevation. 7.5 Deed Restriction Upon completion of the excavation, site grading, placement of the cap, and as-built grading maps, a deed restriction will be filed that includes the following restrictions on the landfilled area of the site: 1) The City will maintain an asphalt or concrete cover over the landfilled area in good condition to minimize infiltration of stormwater and limit contact with impacted soils. The cover can be replaced or modified assuming the new cover completely covers the landfilled area and does not allow for ponding. 2) No excavation will be allowed below the top of the landfill material (based on the as-built maps) without first obtaining approval from a regulatory agency. 7.6 Contingency Plan If waste materials are identified during renovation grading activities outside of the identified landfilled area, then excavation activities in that area will follow the general procedures of this corrective action work plan. Corrective Action Plan 26 Dudek Hermosa Beach City Yard 10463 Section 8.0 References Brycon, 2012a. Phase I Environmental Site Assessment, City of Hermosa Beach Maintenance Yard. June 15. Brycon, 2012b. Phase II Environmental Site Assessment, City of Hermosa Beach Maintenance Yard. August 30. Brycon, 2012c. City of Hermosa Beach Maintenance Yard Proposed Remedial Action Plan. October 30. Brycon, 2013. Report on Groundwater Assessment, Hermosa Beach Maintenance Yard. July 9. California Department of Conservation, 1998. Seismic Hazard Zone Report for the Redondo Beach 7.5-Minute Quadrangle, Los Angeles County, California. Dudek, 2018. Supplemental Site Investigation for Hermosa Beach City Yard. February. DTSC, 2009. Arsenic Strategies, Determination of Arsenic Remediation, Development of Arsenic Cleanup Goals. January 16. Entrix, 1995. Subsurface Investigation: Hermosa Beach Maintenance Facility Site and Project Drill Site. April 13. Environmental Health Decisions, 2018. Technical Memorandum, Health Risk Assessment – Hermosa Beach City Yard. April 17. Geo-Cal, 1998. Environmental Closure Report for the Removal of Underground Storage Tank at City of Hermosa Beach City Yard. November 10. GeoResearch, 1989. Tank Closure Report for 555 6th Street, Hermosa Beach. March 16. Padre, 2014. Report of Findings, Supplemental Site Assessment Activities, City of Hermosa Beach Maintenance Yard Facility. March. Tchounwou, et. al., 2012. Heavy Metals Toxicity and the Environment. Published in EXS 2012; 101: 133–164. doi:10.1007/978-3-7643-8340-4_6.   DUDEK    TABLES Table 1Soil Sampling Results (mg/kg)Hermosa Beach City YardTPH C4‐C12TPH C13‐C22TPH C23‐C40VOCs SVOCs/ PAHs Pesticides PCBsAntimonyArsenic1BariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZinc3‐51/27/885NDNDND NA NA NA NANANANANANANANANANANANANANA NANANANA3‐10 1/27/88 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA3‐15 1/27/88 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA3‐20 1/27/88 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA3‐30 1/27/88 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA3‐40 1/27/88 40 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA4‐51/27/885NDNDND NA NA NA NANANANANANANANANANANANANANA NANANANA4‐10 1/27/88 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA4‐15 1/27/88 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA4‐20 1/27/88 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA4‐30 1/27/88 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA4‐40 1/27/88 40 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA5‐51/27/885NDNDND NA NA NA NANANANANANANANANANANANANANA NANANANA5‐10 1/27/88 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA5‐15 1/27/88 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA5‐20 1/27/88 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA5‐30 1/27/88 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA5‐40 1/27/88 40 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB1B1E3/14/9525 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB2B2C3/14/9515 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB3B3D3/14/9520 ND ND NDNDNANANA NA ND 30 NA ND 6 NA NA ND ND NA NA 0.27 ND NA NA NAB4B4C3/14/9515 ND ND NDNDNANAND NA 0.29 970 NA5062 NA NA13000.32 NA NA 0.64 3.1 NA NA NAB5D 3/14/95 20 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB5E 3/14/95 25 3688960 15600NDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB5F 3/14/95 30 25933906130NDNANAND NA ND 38 NA 0.87 6 NA NA 5.7 0.64 NA NA 0.31 ND NA NA NAB5I 3/14/95 45 ND ND NDNDNANAND NA ND 26 NA 2.4 7.7 NA NA 70 0.4 NA NA ND ND NA NA NAB6B6A3/14/955 ND 13 689NDNANANA NA ND 31 NA 1.1 9.3 NA NA 17 ND NA NA 0.31 ND NA NA NAB7B7C3/14/9515 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB8A 3/14/95 5 ND ND NDNDNANANA NA ND 14 NA ND 5.6 NA NA ND ND NA NA ND ND NA NA NAB8D 3/14/95 20 ND ND NDNDNANANA NA 0.3 46 NA 1.6 7.5 NA NA ND ND NA NA 0.48 ND NA NANAB9C 3/14/95 15 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB9E 3/14/95 25 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB10B10D3/14/9520 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB11B113/14/953NDNDND ND NA NA NANANANANANANANANANANANANANA NANANANAB12B12A3/14/955NDNDND ND NA NA NANANANANANANANANANANANANANA NANANANAB13B133/14/953NDNDND ND NA NA NANANANANANANANANANANANANANA NANANANAB14B 3/14/95 10 ND4354.7 20800NDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB14D 3/14/95 20 19011090 24800NDNANAND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB14F 3/14/95 30 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAB15A 3/14/95 5 ND ND NDNDNANANA NA 0.26 ND NA ND 5.4 NA NA ND ND NA NA ND ND NA NA NAB15C 3/14/95 15 ND ND NDNDNANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NADS‐1DS‐110/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANADS‐2DS‐210/26/98 unkND15NAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANAPS‐1PS‐110/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA1A1A10/26/98 unkNDNDNAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA345B5B8B9B14B15Sample LocationSample IDDate SampledSample Depth(ft. bgs)Metals                                                                                                                                                       Hermosa Beach City Yard1 of 5DUDEKFebruary 2018 Table 1Soil Sampling Results (mg/kg)Hermosa Beach City YardTPH C4‐C12TPH C13‐C22TPH C23‐C40VOCs SVOCs/ PAHs Pesticides PCBsAntimonyArsenic1BariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZincSample LocationSample IDDate SampledSample Depth(ft. bgs)Metals                                                                                                                                                       1B1B10/26/98 unkNDNDNAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA2A2A10/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA2B2B10/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA3A3A10/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANA3B3B10/26/98 unkNDNANAND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANAGP1‐3 5/8/12 3 0.3237201440 ND (BTEX and MTBE) NA NA NA ND 2.22 13.3 ND 1.02 4.54 1.71 7.87 21.6 ND ND 6.54 ND ND ND 12.1 396GP1‐5 5/8/12 5 ND1060ND ND (BTEX and MTBE) NA NA NA 1.35 10.1 180 ND 5.45 22.8 5.46 4011200ND ND 19.7 ND ND ND 37.7 1320GP1‐10 5/8/12 10 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP1‐15 5/8/12 15 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP1‐20 5/8/12 20 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP1‐25 5/8/12 25 ND ND ND NA NA NA NA ND 1.19 10.1 ND ND 4.55 1.2 1.94 1.32 ND ND 2.58 ND ND ND 7.17 5.65GP2‐5 5/9/12 5 ND ND 110 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP2‐10 5/9/12 10 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP2‐15 5/9/12 15 ND ND 105 NA NA NA NA 24.715.0523 ND15.561.7 6.87 79496800.222 2.21 36.5 ND 4.33 ND 19.3 4640GP2‐20 5/9/12 20 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP2‐25 5/9/12 25 ND ND 87 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP3‐5 5/9/12 5 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP3‐10 5/9/12 10 ND ND ND NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP3‐15 5/9/12 15 ND ND ND NA NA NA NA ND 1.95 50.7 ND 0.589 6.31 1.35 33.4 56.4 ND ND 4.79 ND ND ND 14.2 134GP3‐20 5/9/12 20 ND 23.6 150 ND (BTEX and MTBE) NANANA NA NA NA NA NA NA NA NANA NA NA NA NA NA NA NA NAGP3‐35 5/9/12 35 ND 28.4 120 ND (BTEX and MTBE) NANANA NA NA NA NA NA NA NA NANA NA NA NA NA NA NA NA NAGP3‐40 5/9/12 40 9 208 270.014, 0.041, 0.048, 0.070, 0.018, 0.023, 0.222, 0.014, 0.024, 0.021 (4‐isopropyltoluene, ethylbenzene, total xylenes, 1,2,4‐trimethylbenzene, 1,3,5‐trimethylbenzene, isopropylbenzene, naphthalene, n‐butylbenzene, n‐propylbenzene, sec‐butylbenzene)NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP3‐43 5/9/12 43 225801050.302 (naphthalene)NA NA NA ND 1.04 11.6 ND ND 3.92 1.25 23.4 7.12 ND ND 42.3 ND ND ND 6.63 27.3GP1GP2GP3Hermosa Beach City Yard2 of 5DUDEKFebruary 2018 Table 1Soil Sampling Results (mg/kg)Hermosa Beach City YardTPH C4‐C12TPH C13‐C22TPH C23‐C40VOCs SVOCs/ PAHs Pesticides PCBsAntimonyArsenic1BariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZincSample LocationSample IDDate SampledSample Depth(ft. bgs)Metals                                                                                                                                                       GP4‐5 5/9/12 5 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP4‐10 5/9/12 10 ND ND NDNANANANA 2.65 2.24 81.7 ND 1.34 9.97 2.08 75.9 290 0.052 ND 8.73 ND ND ND 15.7 333GP4‐15 5/9/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP4‐20 5/9/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP4‐25 5/9/12 25 5210500ND0.046, 1.2 (ethylbenzene, MEK)NANANA 11.117.6130 ND24.633.0 11.4 1534230ND ND 47.2 ND ND ND 32.4 4640GP4‐32 5/9/12 32 194950ND0.015, 0.070, 0.015, 0.023, 0.040, 0.040, 0.372, 0.041 (benzene, ethylbenzene, total xylenes, n‐butylbenzene, sec‐butylbenzene, isopropylbenzene, naphthalene, n‐propylbenzene)NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP4‐35 5/9/12 35 691500ND0.056, 1.0, 0.065, 0.19, 0.087, 0.24, 0.069 (ethylbenzene, 2‐Butanone (MEK), n‐butylbenzene, sec‐butylbenzene, isopropylbenzene, naphthalene, n‐propylbenzene)NANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP4‐39.5 5/9/12 39.5 952100ND0.69, 0.11, 0.22, 0.085, 1.12, 0.073 (2‐butanone, n‐butylbenzene, sec‐butylbenzene, isopropylbenzene, naphthalene, n‐propylbenzene)NANANA ND ND 15.9 ND ND 2.82 0.911 1.88 8.73 ND ND 2.99 ND ND ND 5.88 13.0GP5‐5 5/8/12 5 ND ND NDNANANANA ND 3.66 29.6 ND ND 8.03 2.15 7.61 45.0 0.046 ND7.40 ND ND ND 20.4 56.7GP5‐10 5/8/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP5‐15 5/8/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP5‐20 5/8/12 20 ND ND NDNANANANA 1.14 1.98 61.1 ND 1.01 8.56 2.52 28.9 154 0.075 6.66 ND ND ND ND 18.1 196GP5‐25 5/8/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP5‐30 5/8/12 30 ND ND NDNANANANA ND 1.66 30.1 ND ND 6.36 2.32 3.79 3.49 ND ND 4.05 ND ND ND 12.9 21.7GP5‐35 5/8/12 35 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP6‐5 5/8/12 5 ND ND NDNANANANA ND 2.39 66.6 ND 0.967 11.2 2.92 35.5 100 0.253ND 7.67 ND ND ND 21.8 187GP6‐10 5/8/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP6‐15 5/8/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP6‐20 5/8/12 20 ND ND NDNANANANA ND 1.79 18.8 ND ND 4.78 1.38 4.88 74 ND ND 4.37 ND ND ND 11.6 76.2GP6‐25 5/8/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP6‐30 5/8/12 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP7‐5 5/8/12 5 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP7‐10 5/8/12 10 ND ND NDNANANANA ND 1.63 6.71 ND ND 3.58 0.993 1.26 0.922 ND ND 3 ND ND ND 7.78 NDGP7‐15 5/8/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP7‐20 5/8/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP7‐25 5/8/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP6GP7GP4GP5Hermosa Beach City Yard3 of 5DUDEKFebruary 2018 Table 1Soil Sampling Results (mg/kg)Hermosa Beach City YardTPH C4‐C12TPH C13‐C22TPH C23‐C40VOCs SVOCs/ PAHs Pesticides PCBsAntimonyArsenic1BariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZincSample LocationSample IDDate SampledSample Depth(ft. bgs)Metals                                                                                                                                                       GP8‐5 5/8/12 5 ND ND NDNANANANA ND 2.72 5.46 ND ND 3.60 0.891 1.32 1.25 ND ND 2.79 ND ND ND 7.33 NDGP8‐10 5/8/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP8‐15 5/8/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP8‐20 5/8/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP8‐25 5/8/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP8‐30 5/8/12 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP9‐5 6/6/12 5 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP9‐10 6/6/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA1350NA NA NA NA NA NA NA NAGP9‐15 6/6/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP9‐20 6/6/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA 2.9 NA NA NA NA NA NA NA NAGP9‐25 6/6/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA 0.7 NA NA NA NA NA NA NA NAGP9‐30 6/6/12 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP9‐35 6/6/12 35 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP10‐5 6/6/12 5 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP10‐10 6/6/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA 255 NA NA NA NA NA NA NA NAGP10‐15 6/6/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP10‐20 6/6/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA 109 NA NA NA NA NA NA NA NAGP10‐25 6/6/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP10‐30 6/6/12 30 11037006700.21, 0.11, 0.14, 0.14, 0.432, 0.16, (1,2,4‐trimethylbenzene, 1,3,5‐trimethylbenzene, ethylbenzene, isopropylbenzene, naphthalene, n‐propylbenzene)NA NA NA NA NA NA NA NA NA NA NA 274 NA NA NA NA NA NA NA NAGP10‐35 6/6/12 35 35038606800.88 and 1.92 (1,2,4‐trimethylbenzene and naphthalene)NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP10‐40 6/6/12 40 14016003600.27, 0.20, 0.19, 1.12, 0.20, 0.25, 0.10 (sec‐butylbenzene, ethylbenzene, isopropylbenzene, naphthalene, n‐propylbenzene, 1,2,4‐trimethylbenzene, 1,3,5‐trimethylbenzene)NANANA NA NA NA NA NA NA NA NA 91 NA NA NA NA NA NA NA NAGP10‐44 6/6/12 44 1201400380ND (BTEX and MTBE) NA NA NANANANANANANANANANANANANANA NANANANAGP11‐5 6/6/12 5 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP11‐10 6/6/12 10 ND ND NDNANANANA NA NA NA NA NA NA NA NA881NA NA NA NA NA NA NA NAGP11‐15 6/6/12 15 ND ND NDNANANANA NA NA NA NA NA NA NA NA3900NA NA NA NA NA NA NA NAGP11‐20 6/6/12 20 ND ND NDNANANANA NA NA NA NA NA NA NA NA 1.9 NA NA NA NA NA NA NA NAGP11‐25 6/6/12 25 ND ND NDNANANANA NA NA NA NA NA NA NA NA 0.7 NA NA NA NA NA NA NA NAGP11‐30 6/6/12 30 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NAGP11‐35 6/6/12 35 ND ND NDNANANANA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NASS1SS15/8/12UNKNDNDND NA NA ND NDNANANANANANANANANANANANANA NANANANASS2SS25/8/12UNKND18.4ND NA NA ND NDNANANANANANANANANANANANANA NANANANASS3SS3 5/8/12 UNK ND ND NDNANANDND ND 1.98 21.5 ND ND 5.38 1.89 7.61 5.32 ND ND ND ND ND ND 11.1 30.3SS4SS45/8/12UNKNDNDND NA NA ND NDNANANANANANANANANANANANANA NANANANAGP8GP9GP10GP11Hermosa Beach City Yard4 of 5DUDEKFebruary 2018 Table 1Soil Sampling Results (mg/kg)Hermosa Beach City YardTPH C4‐C12TPH C13‐C22TPH C23‐C40VOCs SVOCs/ PAHs Pesticides PCBsAntimonyArsenic1BariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZincSample LocationSample IDDate SampledSample Depth(ft. bgs)Metals                                                                                                                                                       SS5SS5 5/8/12 UNK ND ND ND NA NA ND0.050 (Aroclor 1016)NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NADH1DH1‐1.5'1/31/141.5 ND ND 308 ND ND ND ND ND 1.38 103 ND ND 11.9 2.69 27.6 122 ND ND 8.45 ND ND ND 14.9 149DH2DH2‐2'1/31/142 ND 24.3 344 ND ND ND ND ND 2.1 131 ND ND 11.6 1.66 75.83620.175 J ND 7.41 ND ND ND 8.27 603DH3DH3‐2'1/31/142 ND 20.6 129 ND ND 0.001 J (chlordane) ND ND 1.07 88.1 ND ND 13.8 3.66 15.3 18.5 ND ND 8.14 ND ND ND 18.1 43.1DH4DH4‐2'1/31/142 ND 49.2 718NDND 0.008 J (chlordane) ND ND 1.31 77.7 ND ND 8.77 2.39 52.6 110 ND ND 7.71 ND ND ND 13.5 158DH5DH5‐2' 1/31/14 2 ND ND 233NDNDNDND ND 2.3 36.2 ND ND 4.93 1.36 8.67 38.1 ND ND 5.6 ND ND ND 11.2 71.9DH6DH6‐2' 1/31/14 2 ND ND 204NDND 0.044 (chlordane) ND ND 1.82 41.9 ND ND 6.05 1.38 9.17 113 ND ND 5.3 ND ND ND 9.16 83.4DH7DH7‐2'1/31/142 ND ND NDNDNDNDND ND 1.46 12.4 ND ND 3.71 1.11 1.95 1.9 ND ND 3.64 ND ND ND 6.86 13DH8DH8‐2'1/31/142 ND ND 101ND0.106 J and 0.119 J (fluoranthene and pyrene)0.008 (chlordane) ND ND 1.22 35.2 ND ND 7.21 1.84 5.01 8.95 ND ND 4.15 ND ND ND10.4 26DH9DH9‐2'1/31/142 ND ND 13NDNDNDND ND 1.63 283 ND ND 7.11 1.21 13.8 71.4 ND ND 5.6 ND ND ND 9.12 270DH10DH10‐2'1/31/142 ND ND NDNDNDNDND ND 2.29 9.63 ND ND 4.07 0.914 1.74 0.86 ND ND 3.48 ND ND ND 7.037.19DH11DH11‐2' 1/31/14 2 ND ND NDNDNDNDND ND 1.31 6.46 ND ND 4.46 0.916 1.03 0.866 ND ND 3.11 ND ND ND 6.36 5.73DH12DH12‐2' 1/31/14 2 ND ND NDNDNDNDND ND 1.49 6.22 ND ND 2.84 0.692 0.927 0.665 ND ND 2.45 ND ND ND 4.93 4.9S1‐1510/3/17 15NA NA NANANANANA ND 2.14 354 ND 1.25 10.4 2.26 5661130.154 0.509 6.21 ND 0.258 ND 11.8 596S1‐3510/3/17 35NA NA NANANANANA 2.18 6.85 304 ND 0.609 9.31 8.73 37.11744ND ND 13.3 ND ND ND 10.9 416S1‐45 10/3/17 45 NA NA NA NA NA NA NA ND ND 8.03 ND ND 2.29 1.01 1.71 1.76 ND ND 3.64 ND ND ND 5.31 9.8S2‐15 10/3/17 15 ND 29,000 7,500 NA NA NA NA ND 0.761 63.3 ND ND 3.21 1.1 6.91 10.6 ND ND 10.6 ND ND ND 12.4 35.6S2‐25 10/3/17 25 NA NA NA NA NA NA NA ND ND 8.2 ND ND 3.16 0.796 1.65 0.899 ND ND 3.93 ND ND ND 6.57 10.6S2‐35 10/3/17 35 NA NA NA NA NA NA NA ND ND 8.01 ND ND 3.02 0.872 1.58 1.18 ND ND 2.4 ND ND ND 3.81 5.99S2‐45 10/3/17 45 ND ND ND NA NA NA NA ND ND 6.44 ND ND 4.77 1.01 2.14 2.75 ND ND 2.79 ND ND ND 3.95 7.87 -- -- --Varies (lowest 5.1 ‐ benzene)Varies (lowest 23,000 ‐ pyrene)7.7 (chlordane)27 (Aroclor 1016)470 3.0 220,000 2300 9801800000 (CrIII)350 47000 800 46 5,800 22,000 5,800 5,800 12 5,800 350,000‐‐ ‐‐ ‐‐Varies (lowest 1.4 ‐ benzene)‐‐1.5 (chlordane) ‐‐ ‐‐ 0.36 ‐‐ 210 7.3170000 (CrIII)‐‐ ‐‐ 320 4.5 ‐‐ 3,100 ‐‐ 1,500 ‐‐ 1,000 ‐‐3900 1100 140000Varies (lowest 1 ‐ benzene)Varies (lowest 23,000 ‐ pyrene)2.2 (chlordane) 1 470 0.3 220,000 2200 5801800000 (CrIII)350 47000 320 190 5,800 11,000 5,800 5,800 12 5,800 350,000770 570 ‐‐Varies (lowest 0.033 ‐ naphthalene)Varies (lowest 60 ‐ fluoranthene)15 (chlordane) 6.3 ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐500 1000 10000 ‐‐‐‐‐‐‐‐‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ ‐‐Notes:mg/kgmilligrams per kilogramTPH ‐ total petroleum hydrocarbonsft. bgsfeet below ground surfaceVOCs ‐ volatile organic compounds1  arsenic screening level is the typical background concentration (typical background concentrationsSVOCs‐ semivolatile organic compoundsin California include: 12 mg/kg (DTSC, 2008), 23.2 mg/kg (Air Force and DTSC, 2005), andPAHs ‐ polycyclic aromatic hydrocarbons11 mg/kg (Kearney Foundation, 1996)PCBs ‐ polychlorinated biphenyls2  naphthalene concentration exceeds RWQCB ESL for leaching onlybold value ‐ exceeds screening level3 lead STLC = 31.9 mg/L NANot Analyzed   lead TCLP = 2.54 mg/L NDNot Detected4 lead TCLP = 0.678 mg/LRWQCB 1996 Guidebook ‐ Groundwater Protection EPA Regional Screening Level ‐ Industrial SoilRWQCB ESL Human Health ‐ IndustrialRWQCB ESL Leaching ‐ Drinking Water SourceDTSC HERO NOTE 3: Commercial/IndustrialS1S2Hermosa Beach City Yard5 of 5DUDEKFebruary 2018 Table 2. Soil Vapor Sampling ResultsHermosa Beach City YardTPH C5‐C8 aliphaticTPH C9‐C10 aromaticTPH C9‐C12 aliphatic1,1,1‐TCA1,2,4‐TMBMEKMIBKACETONEBENZENECARBON DISULFIDECHLOROMETHANEFREON 12ETHYLBENZENEXYLENESMETHYLENE CHLORIDESTYRENETBAPCETOLUENETCESV1‐5' 1/31/14 5 940 ND ND ND ND 7.2 J ND 40 4.4 1.5 J ND 3.1 J 2.2 J 9.9 2.9 J 1.9 J ND 140 72 NDSV1‐15' 1/31/14 15 570 ND ND ND ND 5.9 J' ND 59 85 1.9 J ND 3 J 4.6 17.5 2.5 J 1.8 J ND 620 57 NDSV2‐5' 1/31/14 5 1300 ND 300 3.5 J 3.5 J 46 34 170 8 4.4 J ND 3.2 J 4.2 J 21 2.5 J 13 1.6 J 5.9 J 41 NDSV2‐15' 1/31/14 15 1600 ND 670 6.5 3.4 J 60 17 160 21 1.9 J 0.97 J 3.3 J 2.5 J 8 2.4 J 12 2 J 75 18 14SV1 SV1‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 230 ND NDSV2 SV2‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 320 ND NDSV3 SV3‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 130 ND NDSV4 SV4‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 100 ND NDSV5 SV5‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 140 ND NDSV6 SV6‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND NDSV7 SV7‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 140 ND NDSV9 SV9‐2 10/3/17 2 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 140 ND NDSV11 SV11‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND NDSV12 SV12‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND NDSV13 SV13‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND NDSV14‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 1000 ND NDSV14‐5 Rep 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 940 ND NDSV15 SV15‐5 10/3/17 5 NA NA NA ND ND ND ND ND ND ND ND ND ND ND ND ND ND 140 ND ND‐‐ ‐‐ ‐‐ 4400000 ‐‐ ‐‐‐‐‐‐ 420 ‐‐ ‐‐ ‐‐ ‐‐ ‐‐ 12,000 3,900,000 ‐‐ 2,000 1,300,000 8,0002,600,000 130,000 440,00022,000,000 31,000 22,000,000 13,000,000 140,000,000 1,600 3,100,000 390,000 440,000 4,900 440,000 120,000 4,400,000 ‐‐ 47,000 22,000,000 3,000Notes:ug/m3 micrograms per cubic meterTPH total petroleum hydrocarbonTBA tert‐butyl alcoholft. bgs feet below ground surfaceTCA trichloroethanePCE tetrachloroethyleneDTSC and EPA screening levels using a 1,000‐fold attenuation factor for soil gasTMB trimethylbenzeneTCE trichloroethyleneDTSC HERO ‐ Department of Toxic Substances Control Human and Ecological Risk OfficeMEK methyl ethyl ketoneVOCs  volatile organic compoundsEPA RSL ‐ Environmental Protection Agency Regional Screening LevelMIBK methyl isobutyl ketoneJ ‐ Estimated concentration between the method detection limit and the laboratory reporting limitDTSC HERO NOTE 3: Commercial/Industrial EPA RSL Commercial/IndustrialSV2 DETECTED VOCs (ug/m3)Sample LocationSample IDDate SampledSample Depth(ft. bgs)SV1SV14Hermosa Beach City Yard1 of 1DUDEKFebruary 2018 Table 3. Groundwater Sampling Results (mg/L)Hermosa Beach City YardTPHg TPHd VOCs pH TDS TSS ChlorideAntimonyArsenicBariumBerylliumCadmiumChromium (total)CobaltCopperLeadMercuryMolybdenumNickelSeleniumSilverThalliumVanadiumZincGW‐B1 GW‐B15/7/1351 ND ND ND 6.87001100 190 ND ND 0.40 ND ND 0.02 0.01 0.040.04ND ND 0.02 ND ND ND 0.03 0.05GW‐B2 GW‐B25/7/1347 1.9 1040.012 (naphthalene)6.9990840290ND ND 0.25 ND ND 0.02 ND 0.040.09ND ND 0.01 ND ND ND 0.06 0.17GW‐B3 GW‐B35/7/1346 ND ND ND 6.977023000 180 ND0.05 2.5ND ND0.090.16 0.320.29ND ND0.16ND ND ND 0.29 1.4S13S1‐GW10/3/1742 ND 15 NA NA NA NA NA ND ND 0.0776 ND ND ND ND NDNDND 0.0133 ND ND ND ND ND 0.0134S23S2‐GW10/3/1742 ND 0.260 NA NA NA NA NA ND ND 0.0233 ND ND ND ND ND ND ND 0.0184 ND ND ND ND ND 0.0207MCL‐‐ ‐‐‐‐ 6.5‐85001‐‐25010.006 0.01 1 0.004 0.005 0.05 ‐‐1.320.01520.002 ‐‐ 0.1 0.0510010.02 ‐‐51Notes:mg/L milligrams per literTPHg, d total petroleum hydrocarbons ‐ gas and diesel rangeft. bgs feet below ground surfaceVOCs   volatile organic compounds1 secondary MCLTDS  total dissolved solids2 action level (no MCL)TSS  total suspended solidsSample LocationSample IDDate SampledSample Depth(ft. bgs)MetalsHermosa Beach City Yard1 of 1DUDEKMay 2017   DUDEK    FIGURES )Vicinity MapHermosa Beach City Yard ProjectSOURCE: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User CommunityPath: Z:\Hydro\Projects\10463 - Hermosa Beach City Yard\MAPDOC\DOCUMENT\GEO\Figure1 - Vicinity Map.mxdFIGURE 101,600800FeetnSite Site Map Hermosa Beach City Yard Project SOURCE: Bing Imagery, Los Angeles County 2017 Path: Z:\Hydro\Projects\10463 - Hermosa Beach City Yard\MAPDOC\DOCUMENT\Report_July2019\Figure2_Site_Map.mxd0 4020Feetn Legend Project Boundary Lateral Extent of FormerLandfill FIGURE 2 Soil Sampling Data Above Screening Levels Hermosa Beach City Yard Project SOURCE: Brycon, Inc., Padre, Inc., Entrix, Inc., GeoResearch, Dudek, Bing Imagery, Los Angeles County 2017 Path: Z:\Hydro\Projects\10463 - Hermosa Beach City Yard\MAPDOC\DOCUMENT\Report_July2019\Figure3_Soil_Sampling_Data.mxd0 4020Feetn Legend Project Boundary Lateral Extent of FormerLandfill Parcel Boundary &<Brycon, Inc. GeoprobeBoring Location @ Brycon, Inc. SurfaceSampling Location "Entrix, Inc. 1995 BoringLocation !Padre, Inc. 2014Sampling Location GeoResearch 1989Boring Location &@ Dudek 2017 SamplingLocation FIGURE 3 * Analyte concentration in mg/kg * ND = Not Detected * Data values in bold for analytes dectected above soil screening levels. Full datais shown in Table 1.* Nine additional soil sampleswere collected near the formerUSTs south of the maintenancebuildings - exact locationsare unknown. No detectionsabove soil screening levelswere reported. TPHd TPHo 10' - 4354 20800 20' - 11090 24800 30' - ND ND TPHd TPHo 20' - ND ND 25' - 8960 15600 30' - 3390 6130 45' - ND ND TPHd Lead 3' - 3720 21.6 5' - 1060 1200 10' - ND -- 25' - ND 1.32 Cadmium Lead Arsenic 15' - 15.5 9680 15 Lead 10' - 881 15' - 3900 20' - 1.9 TPHd Cadmium Lead Arsenic Naphthalene 20' - ND -- -- -- -- 25' - 10500 24.6 4230 17.6 ND 32' - 4950 -- -- -- 0.37 35' - 1500 -- -- -- 0.24 39.5' - 2100 ND 8.73 ND 1.1 TPHd Naphthalene 25' - ND -- 30' - 3700 0.43 35' - 3860 1.9 40' - 1600 1.1 45' - 1400 -- Cadmium Lead 15' - 50.0 1300 Lead 2' - 362 Lead 10' - 1350 20' - 2.9 TPHd Naphthalene 40' - 208 0.22 43' - 580 0.3 TPHd 15' - 29,000 25' - -- 35' - -- 45' - ND Lead 15' - 611 25' - 174 35' - 1.76 * NA = Not Analyzed * Only data exceeding soilscreening levels are shown Soil Vapor Data - PCE (ug/m3) Hermosa Beach City Yard Project SOURCE: Padre Inc., Bing Imagery, Los Angeles County 2017 Path: Z:\Hydro\Projects\10463 - Hermosa Beach City Yard\MAPDOC\DOCUMENT\Report_July2019\Figure 4 - Soil Vapor Data.mxd0 4020Feetn Legend Project Boundary Lateral Extent of FormerLandfill Parcel Boundary !A Dudek October 3, 2017Soil Vapor SamplingLocation (5') @ Padre, Inc. 2014 SoilVapor Sampling Location(5' and 15') FIGURE 4 SV1 * NS = No Sample due to Refusal * ND = Not Detected * Only PCE results are shown.Full results are in Table 2. SV-1 Groundwater Sampling Locations and Select Data Hermosa Beach City Yard Project SOURCE: Brycon, Inc., Bing Imagery, Los Angeles County 2017 Path: Z:\Hydro\Projects\10463 - Hermosa Beach City Yard\MAPDOC\DOCUMENT\Report_July2019\Figure5 - Groundwater Sampling Locations and Select Data.mxd0 4020Feetn Legend Project Boundary Lateral Extent of FormerLandfill &< Brycon, Inc. HSA BoringGroundwater GrabSample Location &< Dudek 2017Groundwater GrabSample Location FIGURE 5 * Analyte concentration in mg/l TDS - 700Lead - 0.04TPHd - ND TDS - 770Arsenic - 0.05Barium - 2.5Chromium - 0.09Lead - 0.29Nickel - 0.16TPHd - ND TDS - 990Chloride - 290Lead - 0.09TPHd - 104 * ND = Not Detected * Only select data are shown. Full results in Table 3. Lead - NDTPHd - 15 Lead - NDTPHd - 0.26   DUDEK    APPENDIX A CURRENT RENOVATION PLAN (E ) 3 S T O R Y C O N C B L O C K B L D G (E ) 2 S T O R Y C O N C B L O C K B L D G (E ) 1 S T OR Y CO NC B L OC K B L DG (E ) 1 S T O R Y C O N C B L O C K B L D G (E ) 2 S T O R Y C O N C B L O C K B L D G 6 T H S T R EE T VALLEY DRIVETRASH ENCLOSURE (E) STORAGE BLDG 7,430 SQFT NO GRADING (N) SHOPS BLDG 4,698 SQFT GRADING 5' DEPTH (N) MAINT.BLDG 3,456 SQFT GRADING 5' DEPTH (N) ADMIN BLDG 3,995 SQFT GRADING 5' DEPTH (N) COVERED WASH AREA 1,920 SQFT GRADING 5' DEPTH (E) PARKING HERMOSA BEACH PUBLIC WORKS YARD 1" = 40'-0" SITE PAVING 29,120 SQFT GRADING 2' MIN. - 4' DEPTH SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD REMEDIATION PROJECT (CIP NO. 15-615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK This SECOND AMENDMENT TO AGREEMENT FOR THE CITY YARD REMEDIATION PROJECT (“Second Amendment”) is entered into this 10th day of March 2020 by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and DUDEK, a limited liability company (“CONSULTANT”). R E C I T A L S A.The City desires services to assist in remediation planning to address contaminated soils, soil vapor and groundwater at the City of Hermosa Beach Public Works Maintenance Yard. B.City entered into an agreement with Consultant for professional services for the City Yard Remediation Project (CIP NO. 15-615) on the 12th day of April, 2017 for a term ending on May 31, 2018. C.The parties previously agreed to a First Amendment extending the term of the agreement to November 30, 2019. D.The parties desire by this Second Amendment to extend the term of the Agreement to expire on November 30, 2021 and contract with the Consultant to perform additional services as described in Exhibit A. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1.Section 1 is amended as follows: CONSIDERATION AND COMPENSATION A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. C. As additional consideration, CITY agrees to pay CONSULTANT up to a total of $24,870 for Consultant’s services, unless otherwise specified by written amendment to this Agreement. D. No additional compensation shall be paid for any other expenses incurred, Page 2 of 6 unless first approved by the City Manager or his/her designee. E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in Consultant’s invoice within 30 days 2.Section 7 is amended as follows: TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on November 30, 2021, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect. CITY OF HERMOSA BEACH CONSULTANT Suja Lowenthal, City Manager Joseph Monaco, President ATTEST: 95-3873865 City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins, City Attorney DUDEK March 2020 Cost Estimate for Hermosa Beach City Yard Scope of Work Dudek has prepared this scope of work to address Los Angeles County Fire Department (LACFD) comments on the 2019 Corrective Action Plan (CAP) for the City Yard at 555 6th Street in Hermosa Beach, California. The tasks included in this scope include an initial response to the LACFD comment letter (Task 1) and completing the majority of the work required to address the LACFD comments (Tasks 2 through 5). Tasks 2 through 5 consist of Dudek labor to complete the tasks required per the LACFD comment letter, based on the assumptions noted in this scope. It is Dudek’s understanding that the City only needed Dudek’s labor costs for these tasks at this time, and not subcontractor costs such as drillers and laboratory costs. While this scope covers the majority of the work needed to address the LACFD comments, it does not include groundwater well installation and monitoring. Additionally, it does not include potential future work associated with the remedial effort such as additional soil sampling for excavated soil disposal, permitting, excavation oversight, land use restrictions, groundwater well abandonment, or oil well investigation. Task 1 –Response to LACFD Letter Dudek has already reviewed the LACFD letter and prepared internal notes that were shared with the City in January 2020. These internal notes provided comment-by-comment thoughts on the LACFD comments. The next step is to have a discussion with the LACFD about the comments, in order to get initial buy-in on our responses. Dudek assumes that this discussion would be conducted via a “go-to-meeting” style teleconference. If an in-person meeting is required, Dudek can provide revised costs for the meeting. The last step would be a formal response letter. Dudek will prepare a draft letter to be reviewed by the City. Dudek will finalize the letter following up to 1 hour of edits. Dudek will submit the final response letter to the LACFD. The estimated Dudek cost for this task is $3,525. No subcontractor costs would be needed for this task. Task 2 – Health and Safety Plan The corrective action workplan within the CAP states that the initial task of the corrective action would be the preparation of a health and safety plan (HSP). This HSP was intended to be an internal document for worker protection; however, Dudek can prepare the HSP for LACFD review. Dudek will prepare a draft HSP to be reviewed by the City. Dudek will finalize the HSP following up to 1 hour of edits based on City comments. Dudek will submit the final HSP to the LACFD for review. Dudek will spend up to 1 hour on edits based on LACFD comments. The estimated Dudek cost for this task is $1,900. No subcontractor costs would be needed for this task. Exhibit A - Dudek Proposal Page 3 of 6 DUDEK March 2020 Task 3 – Work Plan for Additional Sampling The LACFD has requested additional soil samples, soil vapor samples, and groundwater wells at the site. Dudek will prepare a brief work plan that includes a figure showing proposed sample and well locations, proposed field procedures, proposed well construction, and proposed sampling and analysis. Dudek will prepare a draft work plan to be reviewed by the City. Dudek will finalize the work plan following up to 1 hour of edits based on City comments. Dudek will submit the final work plan to the LACFD for review. Dudek will spend up to 1 hour on edits based on LACFD comments. The estimated Dudek cost for this task is $5,340. No subcontractor costs would be needed for this task. Task 4 – Additional Soil and Soil Vapor Sampling Dudek proposes to collect 2 to 4 additional shallow soil samples from approximately 2 feet depth at the site to address LACFD’s Comment #4. Dudek assumes that these samples would be used to confirm that it is appropriate for the soil outside of the landfilled area to remain on-site. The soil samples would be analyzed for total petroleum hydrocarbons (TPH), metals, and pH. If TPH is detected above screening levels, the samples would also be analyzed for semivolatile organic compounds (SVOCs) and polychlorinated biphenyls (PCBs), per the LACFD’s request. As noted in the internal notes about the LACFD comments, if all the excavated soil is to be taken off-site, the samples would need to be collected closer to the date of excavation (a good timeframe would be within 6 months prior to excavation) as the disposal facilities will not accept older data. Similarly, soil samples will need to be collected from the within the landfilled area to be excavated closer to the date of excavation for waste characterization purposes for offsite disposal. This would be a future task, not included in this proposal. The soil vapor task needs further clarification from the LACFD. The LACFD comment noted that soil vapor sampling will likely be required following grading. Dudek will propose to conduct the soil vapor sampling (in the vicinity of the proposed new building only) prior to grading, such that it can be conducted at the same time as the proposed soil sampling of Task 3. If that is acceptable, the soil and soil vapor sampling would be conducted concurrently. Dudek proposes to collect soil vapor samples from 5 and 15 feet below ground surface (bgs) at 4 locations. The soil vapor samples would be analyzed for VOCs and methane. The soil and soil vapor sampling would take approximately 1.5 days on-site (approximately ½ day for underground utility clearance and 1 day for sampling). The sampling would be conducted using a direct push drill rig. The sampling data would be provided to the LACFD in a letter report. Dudek will prepare a draft report to be reviewed by the City. Dudek will finalize the report following up to 1 hour of edits based on City comments. Dudek will submit the final report to the LACFD for review. Dudek will spend up to 1 hour on edits based on LACFD comments. The estimated Dudek cost for this soil and soil vapor sampling is $10,165. Subcontractor costs would be needed for this task. Subcontractor costs would include a geophysical survey to check for underground utilities prior to digging, driller costs for a day of sampling, lab fees for analysis, and waste disposal. A rough estimate of subcontractor costs is $7,000. Dudek assumes that one drum of non-hazardous waste will be generated. Page 4 of 6 DUDEK March 2020 Dudek assumes that the samples are located in asphalt, that the area is accessible by a truck-mounted rig, and that refusal is not encountered. Task 5 – CAP Revision The LACFD has requested a Soil Management Plan to address procedures that would be implemented at the site if previously unknown contamination or structures (drums, clarifiers, USTs, etc.) are encountered during grading. The CAP already includes a work plan that discusses a contingency plan if previously unknown contamination is encountered. Dudek proposes to revise the CAP by including a few sentences about what to do if below-grade structures are encountered during grading rather than prepare a Soil Management Plan. The estimated Dudek cost for this task is $940. No subcontractor costs would be needed for this task. Summary of Costs included in this Proposal Tasks 1 through 5 include the majority of tasks needed to address the LACFD comments on the CAP. Tasks 1 through 5 total $21,870. In addition to Tasks 1 and 5, this proposal includes additional, as-needed costs of up to $3,000 to cover additional potential work identified following discussions with the LACFD. Therefore, the total costs for this proposal are $24,870. These costs are estimates of Dudek labor costs to complete the noted scope of work. These identified tasks and associated costs may be revised following further discussions with LACFD. Note that further, detailed cost proposals that include subcontractor and direct costs will be needed prior to starting the work that involves such costs. Additional subcontractor and reimbursable costs for Tasks 1-5 are estimated to be approximately $7,000. Note that some cost savings over this estimate could be realized if some field tasks could be conducted concurrently (for example, if the geophysical survey for the well installation could occur at the same time as the geophysical survey for the soil and soil vapor sampling). Dudek will aim to identify and implement cost savings when possible. The costs are detailed in Table 1. Page 5 of 6 DUDEK March 2020 Table 1 TASK 1 UNITS QTY RATE COST Response to LACFD Letter Sr. Engineer - Initial Internal Notes/Discussion hours 3 $235 $705 Sr. Engineer - Teleconference meeting and prep hours 6 $235 $1,410 Sr. Engineer - Formal response letter hours 6 $235 $1,410 SUBTOTAL $3,525 TASK 2 Health and Safety Plan Sr. Engineer IV hours 5 $235 $1,175 Hydrogeologist/Engineer III hours 5 $145 $725 SUBTOTAL $1,900 TASK 3 Work Plan for Additional Sampling Sr. Engineer IV hours 11 $235 $2,585 Hydrogeologist/Engineer III hours 19 $145 $2,755 SUBTOTAL $5,340 TASK 4 Additional Soil and Soil Vapor Sampling Pre-Field Activities (Geophysical Clearance and Coordination) Sr. Engineer IV hours 2 $235 $470 Sr. Engineer I hours 7 $190 $1,330 Hydrogeologist/Engineer III hours 2 $145 $290 Field Work and Follow-up Waste Disposal Coordination Sr. Engineer IV hours 3 $235 $705 Sr. Engineer I hours 4 $190 $760 Hydrogeologist/Engineer III hours 14 $145 $2,030 Reporting Sr. Engineer IV hours 7 $235 $1,645 Sr. Engineer I hours 4 $190 $760 Hydrogeologist/Engineer III hours 15 $145 $2,175 SUBTOTAL $10,165 TASK 5 CAP Revision Sr. Engineer IV hours 4 $235 $940 SUBTOTAL $940 Page 6 of 6 City Council Regular Meeting Agenda March 10, 2020 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS I call to order the March 10th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Do we have any speaker cards? If there’s anyone else that would like to speak, please come forward. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 20-0147 MINUTES: Approval of minutes of Closed Session held on February 25, 2020. 2. 20-0149 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 ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda March 10, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the March 10th 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? Reminder: Census 2020 - In mid-March, homes across the country will begin receiving invitations to complete the 2020 Census. Once the invitation arrives, you should respond for your home in one of three ways: online, by phone, or by mail. When you respond to the census, you’ll tell the Census Bureau where you live as of April 1, 2020. APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0141 BEACH CITIES HEALTH DISTRICT UPDATES ON THE CORONAVIRUS AND THE HEALTHY LIVING CAMPUS • City Clerk reads title • Invite Tom Bakaly and Jacqueline Sun from BCHD to podium to give presentation • City Council Questions for BCHD b) 20-0142 RECOGNIZING LOCAL WOMEN’S ORGANIZATIONS AND WOMEN BUSINESS OWNERS AS PART OF WOMEN’S HISTORY MONTH AND INTERNATIONAL WOMEN’S DAY CELEBRATIONS • City Clerk reads title • Mayor Campbell comments & presentation City Council Regular Meeting Agenda March 10, 2020 • Mayor presents certificates and roses to local women’s organizations • Photo opportunity MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Suja, please provide your City Manager Updates: a) UPDATE ON CITY’S ROLE DURING CORONAVIRUS HEALTH EMERGENCY b) HAZARD MITIGATION GRANT c) UPDATE ON THE SAFER PROSPECT PROJECT d) UPDATE ON CITY’S A/V PROJECT 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 public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member City Council Regular Meeting Agenda March 10, 2020 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 20-0150 Recommendation:Staff recommends that the City Council receive and file the following minutes: 1. January 14, 2020 Special Meeting (Closed Session) 2. January 14, 2020 Regular Meeting Attachments: 1. 01-14-2020 CC Spc Mtg Min.pdf 2. 01-14-2020 CC Reg Mtg Min.pdf b) REPORT CHECK REGISTERS 20-0128 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 02-20-2020 2. 02-27-2020 c) REPORT ACTION MINUTES OF THE PARKS, RECREATION AND 20-0134 COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2020 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020. Attachments: PR Minutes 2.04.2020 d) REPORT LOS ANGELES COUNTY FIRE DEPARTMENT 20-0143 AND MCCORMICK AMBULANCE MONTHLY REPORT OF JANUARY 2020 Recommendation:Staff recommends that the City Council receive and file the Los Angeles County Fire Department and McCormick Ambulance Monthly Report of January 2020. Attachments: Fire and ambulance monthly report_Jan. 2020.pdf e) REPORT 2018 STATE HOMELAND SECURITY 20-0067 PROGRAM SUBRECIPIENT AGREEMENT (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council: 1. Accept $70,199 in grant funds from the County of Los Angeles for the 2018 State Homeland Security Program; 2. Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3. Approve estimated revenue of $70,199 in the Grant Fund; 4. Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-20 for the purchase of interoperable radio equipment; and, 5. Authorize the purchase of radio equipment, not to exceed $70,199. City Council Regular Meeting Agenda March 10, 2020 Attachments: 2018 Homeland Security Program Subrecipient Agreement f) REPORT AWARD OF CONSTRUCTION CONTRACT FOR THE 20-0121 COMMUNITY CENTER TENNIS COURTS RESURFACING (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award the construction contract for the Community Center Tennis Courts Resurfacing in the amount of $37,680; 2. Authorize the Director of Public Works to establish a 15% project contingency for a total construction budget of $43,332; 3. Adopt the attached resolution entitled, "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of the Community Center Tennis Courts Resurfacing Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account;" 4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Attachments: 1. Bid Opening Log 2. Trueline's Submitted Bid 3. Draft Resolution 4. Draft Agreement g) REPORT APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING 20-0137 MARCH 20, 2022 WITH THE HERMOSA BEACH EDUCATION FOUNDATION (HBEF) FOR ITS ANNUAL “HEARTS OF HERMOSA” EVENT HELD AT THE COMMUNITY CENTER PARKING LOT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve a three-year agreement expiring March 20, 2022 with the Hermosa Beach Education Foundation (HBEF) for its annual "Hearts of Hermosa" event, held at the Community Center parking lot. Attachments: 1. Agreement with HBEF 2. 2020 "Hearts of Hermosa" Special Event Application h) REPORT SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD 20-0132 REMEDIATION PROJECT (CIP NO. 615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council: 1. Approve the Second Amendment of the agreement with Dudek for environmental remediation services at the City Yard; and 2. Authorize the City Manager to execute the amendment. Attachments: 1. PSA DUDEK 2. Corrective Action Plan - Hermosa Beach City Yard City Council Regular Meeting Agenda March 10, 2020 3. Dudek Amendment and Proposal 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 ADOPTION OF RESOLUTION APPROVING THE 20-0129 ALLOCATION OF APPROXIMATELY $63,710 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the FY 2020-21 budget resolution approving the FY 2020-21 CDBG allocation of approximately $63,710; 2. Approve the allocation of approximately $63,710 of Federal CDBG funds in FY 2020-21 for the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue; 3. Authorize the use of CDBG funds in FY 2020-21 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services, including, but not limited to, construction management and inspections; and 4. Grant the Public Works Director authority to submit a notice of completion once work is complete. Attachments: 1. Draft Resolution Approving FY 2020-2021 Budget for Sidewalk Curb Ramps 2. CBDG Proposed Curb Ramp Locations along Prospect Avenue b) REPORT CONSIDERATION OF TEXT AMENDMENT TO THE M-1 20-0135 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council continue the public hearing to a future meeting. Attachments: 1. Proposed Ordinance 2. Proposed Fee Resolution 3. Link to 7-23-19 City Council Meeting City Council Regular Meeting Agenda March 10, 2020 4. Link to 8-20-19 Planning Commission Meeting 5. Link to 11-7-19 Planning Commission Study Session Meeting 6. Link to 12-9-19 Planning Commission Meeting 7. Link to 1-21-20 Planning Commission Meeting 8. Public Notice Sent to Businesses and Property Owners 9. City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 10. Email from David Grethen regarding Limited Events Frequency dated January 22, 2020 11. SUPPLEMENTAL 86 eComments as of 02-25-20 at 4pm 12. SUPPLEMENTAL Email and Attachments from Kent Allen (submitted 02-25-20 at 12:46pm) 13. SUPPLEMENTAL Letter from Jed Sanford re CEQA (submitted 02-25-20 at 2:36pm) 14. SUPPLEMENTAL Letter from Jed Sanford re Conflict of Interest (submitted 02-25-20 at 2:36pm) 15. SUPPLEMENTAL Letter from Jed Sanford re Integrity (submitted 02-25-20 at 2:36pm) 16. SUPPLEMENTAL Letter from Phyllis Pennings (submitted in person on 02-25-20) 16. SUPPLEMENTAL Memo from Community Development Director Ken Robertson (added 2-25-20 at 6:10pm) 6. MUNICIPAL MATTERS a) REPORT PURCHASE OF POLICE DEPARTMENT VEHICLES 20-0119 (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council authorize the purchase of the following vehicles to replace vehicles approved for replacement through the Fiscal Year 2019-20 budget process: 1. One 2020 Ford Utility Hybrid to replace a Ford Crown Victoria; 2. One 2020 Ford Utility to replace a Ford Crown Victoria; 3. One 2020 Jeep Wrangler to replace a Ford Escape; 4. One 2020 Ford F-150 to replace a Ford F-150 Pick-up truck; 5. One Tesla Model 3 to replace a Dodge Charger; and 6. One 2020 Toyota Rav4 Hybrid to replace Community Services' Go-4 vehicle. Attachments: 1. National Auto Fleet - vehicle quotes 2. SBRPCA outfitting quotes 3. Tesla quote b) REPORT APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) 20-0133 BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH City Council Regular Meeting Agenda March 10, 2020 CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council adopt a Resolution approving the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. Attachments: 1. Hermosa Ave Site Map 2. Reso18-7117 Ocean Protection Council 3. Torrance Grant Agreement 4. Beach Cities Green Street Projects Map 5. Green Streets MOU c) REPORT UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF 20-0136 DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (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; and 2. Provide direction to staff to prepare an update to the City's shared mobility ordinance that either: a. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c. provides guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. Attachments: 1. November 2017 Staff Report 2. August 2018 Staff Report 3. April 2019 Staff Report 4. August 2019 Staff Report 5. South Bay Shared Mobility Guidelines.pdf 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0144 COUNCILMEMBER ARMATO REPORTS ON HER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION (ICA) WINTER SEMINAR IN SANTA BARBARA, CALIFORNIA FROM JANUARY 31-FEBRUARY 1, 2020 b) 20-0145 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES City Council Regular Meeting Agenda March 10, 2020 AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0146 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf ADJOURNMENT Tonight’s meeting is adjourned. [No need to adjourn to next regular meeting of March 24] City Council Regular Meeting Agenda March 10, 2020 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS I call to order the March 10th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Do we have any speaker cards? If there’s anyone else that would like to speak, please come forward. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 20-0147 MINUTES: Approval of minutes of Closed Session held on February 25, 2020. 2. 20-0149 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 ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda March 10, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the March 10th 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? Reminder: Census 2020 - In mid-March, homes across the country will begin receiving invitations to complete the 2020 Census. Once the invitation arrives, you should respond for your home in one of three ways: online, by phone, or by mail. When you respond to the census, you’ll tell the Census Bureau where you live as of April 1, 2020. APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0141 BEACH CITIES HEALTH DISTRICT UPDATES ON THE CORONAVIRUS AND THE HEALTHY LIVING CAMPUS • City Clerk reads title • Invite Tom Bakaly and Jacqueline Sun from BCHD to podium to give presentation • City Council Questions for BCHD b) 20-0142 RECOGNIZING LOCAL WOMEN’S ORGANIZATIONS AND WOMEN BUSINESS OWNERS AS PART OF WOMEN’S HISTORY MONTH AND INTERNATIONAL WOMEN’S DAY CELEBRATIONS • City Clerk reads title • Mayor Campbell comments & presentation City Council Regular Meeting Agenda March 10, 2020 • Mayor presents certificates and roses to local women’s organizations • Photo opportunity MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Suja, please provide your City Manager Updates: a) UPDATE ON CITY’S ROLE DURING CORONAVIRUS HEALTH EMERGENCY b) HAZARD MITIGATION GRANT c) UPDATE ON THE SAFER PROSPECT PROJECT d) UPDATE ON CITY’S A/V PROJECT 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 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 i n oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member City Council Regular Meeting Agenda March 10, 2020 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 20-0150 Recommendation:Staff recommends that the City Council receive and file the following minutes: 1. January 14, 2020 Special Meeting (Closed Session) 2. January 14, 2020 Regular Meeting Attachments: 1. 01-14-2020 CC Spc Mtg Min.pdf 2. 01-14-2020 CC Reg Mtg Min.pdf b) REPORT CHECK REGISTERS 20-0128 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 02-20-2020 2. 02-27-2020 c) REPORT ACTION MINUTES OF THE PARKS, RECREATION AND 20-0134 COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2020 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020. Attachments: PR Minutes 2.04.2020 d) REPORT LOS ANGELES COUNTY FIRE DEPARTMENT 20-0143 AND MCCORMICK AMBULANCE MONTHLY REPORT OF JANUARY 2020 Recommendation:Staff recommends that the City Council receive and file the Los Angeles County Fire Department and McCormick Ambulance Monthly Report of January 2020. Attachments: Fire and ambulance monthly report_Jan. 2020.pdf e) REPORT 2018 STATE HOMELAND SECURITY 20-0067 PROGRAM SUBRECIPIENT AGREEMENT (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council: 1. Accept $70,199 in grant funds from the County of Los Angeles for the 2018 State Homeland Security Program; 2. Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3. Approve estimated revenue of $70,199 in the Grant Fund; 4. Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-20 for the purchase of interoperable radio equipment; and, 5. Authorize the purchase of radio equipment, not to exceed $70,199. City Council Regular Meeting Agenda March 10, 2020 Attachments: 2018 Homeland Security Program Subrecipient Agreement f) REPORT AWARD OF CONSTRUCTION CONTRACT FOR THE 20-0121 COMMUNITY CENTER TENNIS COURTS RESURFACING (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award the construction contract for the Community Center Tennis Courts Resurfacing in the amount of $37,680; 2. Authorize the Director of Public Works to establish a 15% project contingency for a total construction budget of $43,332; 3. Adopt the attached resolution entitled, "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of the Community Center Tennis Courts Resurfacing Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account;" 4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Attachments: 1. Bid Opening Log 2. Trueline's Submitted Bid 3. Draft Resolution 4. Draft Agreement g) REPORT APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING 20-0137 MARCH 20, 2022 WITH THE HERMOSA BEACH EDUCATION FOUNDATION (HBEF) FOR ITS ANNUAL “HEARTS OF HERMOSA” EVENT HELD AT THE COMMUNITY CENTER PARKING LOT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve a three-year agreement expiring March 20, 2022 with the Hermosa Beach Education Foundation (HBEF) for its annual "Hearts of Hermosa" event, held at the Community Center parking lot. Attachments: 1. Agreement with HBEF 2. 2020 "Hearts of Hermosa" Special Event Application h) REPORT SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD 20-0132 REMEDIATION PROJECT (CIP NO. 615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council: 1. Approve the Second Amendment of the agreement with Dudek for environmental remediation services at the City Yard; and 2. Authorize the City Manager to execute the amendment. Attachments: 1. PSA DUDEK 2. Corrective Action Plan - Hermosa Beach City Yard City Council Regular Meeting Agenda March 10, 2020 3. Dudek Amendment and Proposal 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 ADOPTION OF RESOLUTION APPROVING THE 20-0129 ALLOCATION OF APPROXIMATELY $63,710 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the FY 2020-21 budget resolution approving the FY 2020-21 CDBG allocation of approximately $63,710; 2. Approve the allocation of approximately $63,710 of Federal CDBG funds in FY 2020-21 for the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue; 3. Authorize the use of CDBG funds in FY 2020-21 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services, including, but not limited to, construction management and inspections; and 4. Grant the Public Works Director authority to submit a notice of completion once work is complete. Attachments: 1. Draft Resolution Approving FY 2020-2021 Budget for Sidewalk Curb Ramps 2. CBDG Proposed Curb Ramp Locations along Prospect Avenue b) REPORT CONSIDERATION OF TEXT AMENDMENT TO THE M-1 20-0135 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council continue the public hearing to a future meeting. Attachments: 1. Proposed Ordinance 2. Proposed Fee Resolution 3. Link to 7-23-19 City Council Meeting City Council Regular Meeting Agenda March 10, 2020 4. Link to 8-20-19 Planning Commission Meeting 5. Link to 11-7-19 Planning Commission Study Session Meeting 6. Link to 12-9-19 Planning Commission Meeting 7. Link to 1-21-20 Planning Commission Meeting 8. Public Notice Sent to Businesses and Property Owners 9. City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 10. Email from David Grethen regarding Limited Events Frequency dated January 22, 2020 11. SUPPLEMENTAL 86 eComments as of 02-25-20 at 4pm 12. SUPPLEMENTAL Email and Attachments from Kent Allen (submitted 02-25-20 at 12:46pm) 13. SUPPLEMENTAL Letter from Jed Sanford re CEQA (submitted 02-25-20 at 2:36pm) 14. SUPPLEMENTAL Letter from Jed Sanford re Conflict of Interest (submitted 02-25-20 at 2:36pm) 15. SUPPLEMENTAL Letter from Jed Sanford re Integrity (submitted 02-25-20 at 2:36pm) 16. SUPPLEMENTAL Letter from Phyllis Pennings (submitted in person on 02-25-20) 16. SUPPLEMENTAL Memo from Community Development Director Ken Robertson (added 2-25-20 at 6:10pm) 6. MUNICIPAL MATTERS a) REPORT PURCHASE OF POLICE DEPARTMENT VEHICLES 20-0119 (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council authorize the purchase of the following vehicles to replace vehicles approved for replacement through the Fiscal Year 2019 -20 budget process: 1. One 2020 Ford Utility Hybrid to replace a Ford Crown Victoria; 2. One 2020 Ford Utility to replace a Ford Crown Victoria; 3. One 2020 Jeep Wrangler to replace a Ford Escape; 4. One 2020 Ford F-150 to replace a Ford F-150 Pick-up truck; 5. One Tesla Model 3 to replace a Dodge Charger; and 6. One 2020 Toyota Rav4 Hybrid to replace Community Services' Go-4 vehicle. Attachments: 1. National Auto Fleet - vehicle quotes 2. SBRPCA outfitting quotes 3. Tesla quote b) REPORT APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) 20-0133 BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH City Council Regular Meeting Agenda March 10, 2020 CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council adopt a Resolution approving the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. Attachments: 1. Hermosa Ave Site Map 2. Reso18-7117 Ocean Protection Council 3. Torrance Grant Agreement 4. Beach Cities Green Street Projects Map 5. Green Streets MOU c) REPORT UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF 20-0136 DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (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; and 2. Provide direction to staff to prepare an update to the City's shared mobility ordinance that either: a. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c. provides guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. Attachments: 1. November 2017 Staff Report 2. August 2018 Staff Report 3. April 2019 Staff Report 4. August 2019 Staff Report 5. South Bay Shared Mobility Guidelines.pdf 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0144 COUNCILMEMBER ARMATO REPORTS ON HER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION (ICA) WINTER SEMINAR IN SANTA BARBARA, CALIFORNIA FROM JANUARY 31-FEBRUARY 1, 2020 b) 20-0145 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES City Council Regular Meeting Agenda March 10, 2020 AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0146 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf ADJOURNMENT Tonight’s meeting is adjourned. [No need to adjourn to next regular meeting of March 24] City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0129 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 ADOPTION OF RESOLUTION APPROVING THE ALLOCATION OF APPROXIMATELY $63,710 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council: 1.Adopt the FY 2020-21 budget resolution approving the FY 2020-21 CDBG allocation of approximately $63,710; 2.Approve the allocation of approximately $63,710 of Federal CDBG funds in FY 2020-21 for the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue; 3.Authorize the use of CDBG funds in FY 2020-21 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services,including,but not limited to, construction management and inspections; and 4.Grant the Public Works Director authority to submit a notice of completion once work is complete. Executive Summary: The Community Development Block Grant (CDBG)Program is authorized under Title I of the Housing and Community Development Act of 1974.The primary objective of Title I is to develop viable urban communities by providing decent housing,a suitable living environment,and expanding economic opportunities,principally for low-and moderate-income persons.The CDBG program, funded by the U.S.Department of Housing and Urban Development (HUD),offers communities opportunities to compete nationally for funds to implement program activities that best meet the needs of their communities,in accordance with the national objectives and requirements of the CDBG program. Approval of the Fiscal Year 2020-21 CDBG budget would allow the City to receive an allocation of City of Hermosa Beach Printed on 3/6/2020Page 1 of 4 powered by Legistar™ Staff Report REPORT 20-0129 Approval of the Fiscal Year 2020-21 CDBG budget would allow the City to receive an allocation of approximately $63,710 and authorize staff to proceed with the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue in the FY 2020-21.This project is part of the City’s overall effort to make its sidewalks more ADA accessible. Background: The Community Development Commission of the County of Los Angeles (CDC)administers CDBG funding on behalf of the Los Angeles County Board of Supervisors,which oversees the CDC,and 47 small participating cities throughout the County. The CDBG Program has three primary objectives: 1.Benefit those with low and moderate income; 2.Aid in preventing neighborhood deterioration; and 3.Meet other urgent community development needs due to natural disasters or other emergencies. The CDC works closely with diverse communities and elected representatives to assess local needs and identify funding priorities.The CDC then contracts with local agencies and organizations to provide funding for the needed services. Discussion: The CDC’s administrative deadlines require City Council approval of the next FY 2020-21 CDBG allocation amount and adoption of the FY 2020-21 budget before the start of the applicable Fiscal Year.The County Community Development Commission (CDC)has estimated that the City’s FY 2020-21 allocation will be approximately $63,710.Staff recommends that the Council approve the use of these funds for a construction contractor and a Contract/Labor Compliance Officer for the Americans with Disability Act (ADA)sidewalk ramp project to provide direct project related services, including but not limited to construction management and inspections.Use of CDBG funds would be included in the 2020-21 Budget under the City’s new Capital Improvement Project (CIP)601,which would also cover materials and labor. The ADA sidewalk ramp project would be part of CIP 601 to provide improvements and relocation of sidewalks,curb ramps and obstructions in highly traversed areas within the City in order to meet the Americans with Disabilities Act (ADA)and the latest federal standards.The project would remove architectural and material barriers and provide unobstructed paths of travel for elderly and severely disabled adults on various City sidewalks.The project would provide for the construction of curb ramps where no curb ramps currently exist and the reconstruction of curb ramps that are too steep, deteriorated,not wide enough or create other accessibility barriers for severely disabled adults and/or elderly that use wheelchairs, canes, walkers or crutches. The attached map indicates the locations of seven potential curb ramps proposed to be constructedCity of Hermosa Beach Printed on 3/6/2020Page 2 of 4 powered by Legistar™ Staff Report REPORT 20-0129 The attached map indicates the locations of seven potential curb ramps proposed to be constructed or reconstructed along Prospect Ave between 3rd and 4th Streets for the FY 2020-21 project.These seven ramps are in addition to the curb ramps that were constructed with projects No.601869-17 (CIP 687)and No.601971-18 (CIP 691),respectively,which constructed a total of 18 curb ramps along Prospect Ave between 1st and 6th streets.No redundant construction would take place with the new project.Actual ramps to be constructed would be determined once design is completed and cost estimates are developed. Requisite striping and signage would also be provided.In addition to the approval of the use of the CDBG funds granted to the City,staff recommends that the City Council grant the Public Works Director authority to submit a notice of completion (NOC)once the work is complete.A NOC is a legal document which,when recorded and served,shortens the time for contractors,subcontractors, material suppliers and equipment lessors to record a mechanics lien,serve a stop payment notice and make a payment bond claim.The NOC must be recorded by the property owner with the Office of the County Recorder within 15 calendar days of the actual date of completion of the project. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. The proposed project supports several PLAN Hermosa goals and policies that are listed below. 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. Policy: ·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. Goal 3.Public right-of-ways 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 right-of-ways.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 City of Hermosa Beach Printed on 3/6/2020Page 3 of 4 powered by Legistar™ Staff Report REPORT 20-0129 pedestrian safety, access opportunities and connectivity to destinations. ·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. Fiscal Impact: Approving the allocation of CDBG funds would allow the City to fund required ADA sidewalk improvements with CDBG funds that would otherwise have to be allocated from other funding sources.The City currently has two ADA sidewalk curb ramp projects,CIP 687 and CIP 691 in which construction is completed and the projects are being closed out.The 2020-21 CDBG allocation of approximately $63,710 and any unexpended prior year allocations would be appropriated to CIP 601 with the 2020-21 Budget.Staff would bring specific project details back to the City Council with the 2020-21 Budget. Attachments: 1.Resolution Approving FY 2020-21 Budget 2.CBDG Proposed Curb Ramp Locations along Prospect Avenue Respectfully Submitted by: Nicole Ellis, Associate Planner Concur:Ken Robertson, Community Development Director Concur:Marnell Gibson, 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 3/6/2020Page 4 of 4 powered by Legistar™ Page 1 of2 RESOLUTION NO. 20-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ANNUAL PLANNING SUMMARY FOR THE FISCAL YEAR 2020-2021 ALLOCATION AMOUNT OF APPROXIMATELY $63,710 AND ALLOCATION OF APPROXIMATELY $63,710 OF FISCAL YEAR 2020- 2021 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The County's Community Development Commission staff has estimated that the City's CDBG allocation for the 2020-2021 Fiscal Year will be approximately $63,710. SECTION 2. The City Council, pursuant to applicable law, held a duly noticed public hearing on March 10, 2020 to consider the proposed CDBG allocation and budget and consider a project utilizing funds from the foregoing CDBG allocation, at which hearing testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 3. The Annual Planning Summary serves as a conceptual planning and implementation guide for the City and County. Approval of the Fiscal Year 2020-2021 CDBG Annual Planning Summary would allow the City to receive an allocation of approximately $63,710 and authorize staff to proceed with the Americans with Disability Act (ADA) sidewalk ramp project in the FY 2020-2021 budget. This project is part of the City's overall effort to make its sidewalks more ADA accessible. SECTION 4. Based on the foregoing, the City Council hereby: 1. Approves the FY 2020-2021 CDBG allocation of approximately $63,710; and 2. Approves the proposed CDBG program budget for the 2020-2021 Fiscal Year and instructs staff to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission; and 3. Authorizes staff to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development (HUD) and any amounts remaining unspent at the close of the Fiscal Year; and 4. Directs staff to submit the required documentation for approval to the Los Angeles County Community Development Commission; and Page 2 of2 5. Approves the allocation of approximately $63,710 of FY 2020-2021 Federal Community Development Block Grant funds for the construction or reconstruction of sidewalk curb ramps to meet ADA standards through removal of architectural and material barriers and providing for unobstructed paths of travel for elderly and severely disabled adults within the City; and 6. Authorizes the use of CDBG funds for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services including but not limited to construction management and inspections; and 7. Grants the Public Works Director authority to submit a notice of completion once work is complete. SECTION 5. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 10th day of March, 2020. ____________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ___________________________________ _____________________________ City Clerk City Attorney OUR LADY OFGUADALUPESCHOOLEDITH RODAWAYFRIENDSHIP PARK3rd St Pros p e c t A v e 5th St Hollowell Ave3rd St 4th St GentrySt2nd StMassey AvePacificCoastHwyVal l eyDrProspectAveManhattanAvePierAve 27th St 8thSt AviationBlvd 2nd StHermosaAve ArdmoreAveGoul dAv e Val leyDrArtesiaBlvd Proposed Curb Ramp Improvement Locations City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0135 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council continue the public hearing to a future meeting. Executive Summary: In response to requests from Cypress District businesses requesting consideration to amend the Municipal Code to allow current and emerging businesses to conduct business in a more creative way,and to implement the vision for the Cypress District in PLAN Hermosa,the City Council asked the Planning Commission to review the M-1 Light Manufacturing zone and consider appropriate amendments.The Planning Commission recommends the proposed ordinance,which would add a Limited Events Permit option as an accessory use to businesses located in the City’s Cypress District M-1 zone through a simple permitting process.The proposed ordinance would also include standards and limitations for the limited events,add definitions of “Artist Studio,”“Architect Studio,”and “Events, Limited;”and amend the M-1 Light Manufacturing zone matrix to allow “Architect Studio”and “Events, Limited”as permitted uses.These recommendations would represent a first step toward implementing the longer-term future vision of PLAN Hermosa for the Cypress District. Background: The City Council and Planning Commission have been considering appropriate amendments to the M-1 Light Manufacturing zone since July 2019. City of Hermosa Beach Printed on 3/6/2020Page 1 of 8 powered by Legistar™ Staff Report REPORT 20-0135 Analysis: As directed by the City Council,the Planning Commission considered requested text amendments for the Cypress District M-1 Light Industrial zone at four public meetings,including a study session and walking tour.Public notices of the study session and public hearings were sent to stakeholders and nearby residents.The Planning Commission considered all the input and testimony and comprehensively studied PLAN Hermosa to determine appropriate zoning amendments,and also came to the following initial conclusions related to allowing retail uses and/or art galleries: ·Retail-the Planning Commission determined that retail should be limited to items manufactured or produced on-site and only during proposed Limited Event or through a City of Hermosa Beach Printed on 3/6/2020Page 2 of 8 powered by Legistar™ Staff Report REPORT 20-0135 manufactured or produced on-site and only during proposed Limited Event or through a permitted Temporary Minor Special Event. ·Art Gallery-the Planning Commission determined that an Art Gallery as permanent use is a retail use and not appropriate in the M-1 Light Manufacturing zone. The final recommendation would establish a new Limited Events Permit with standards and limitations in the M-1 Light Manufacturing zone,Cypress District.The following summarizes the terms of the proposed ordinance by section: Section 1. The intention of the Limited Events Permit is to be an inexpensive,simple process for businesses seeking approval for smaller more regular or spontaneous events not tied to a specific date.The new Limited Events Permit would be in addition to or as an alternative to the generally applicable and typically more intensive Temporary Minor Special Event Permits,which are limited to 12 events per year held on specific dates with at least a 30-day advance permit and may include alcohol service and consumption. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code would be amended by adding the following definition for “Limited Events.” Events,Limited."Limited events"means the provision of events as defined herein,but only as accessory to an established on-site use for limited periods of time such as openings for the purpose of showcasing art or other goods produced or manufactured in the M-1 Zone,such as for Artist Studios or manufacturers,and also allowing accessory retail that does not typically generate off-site impacts or contribute to impacts within the M-1 Light Manufacturing zone or adjacent residential districts in accordance with standards and limitations. The proposed Limited Events Permit would be limited to the Cypress District M-1 Light Industrial zone;and would not apply to other M-1 Light Industrial zone areas of the City or the non-industrial zones,including the C-1,C-2,and C-3 zones.The Cypress District is designated in PLAN Hermosa as Creative Light Industrial (CI),which is a unique district of small businesses that rely on manufacturing, warehousing, or production on Cypress Avenue, 6th Street or Valley Drive. Limited Events would be an accessory use to the main business use as defined in Chapter 17.04 of the Zoning Code as follows: "Accessory"means a building,part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. An application for a Limited Events Permit would be issued through an Administrative Permit set forth in Chapter 17.55.030 of the Zoning Code,including the requirement for a floor plan and other plans City of Hermosa Beach Printed on 3/6/2020Page 3 of 8 powered by Legistar™ Staff Report REPORT 20-0135 in Chapter 17.55.030 of the Zoning Code,including the requirement for a floor plan and other plans to demonstrate compliance with the approved standards. The proposed permit is for a two-year period,and would be subject to potential revocation if the events do not to comply with the standards.This would be preferable to an annual permit renewal, which can be time-consuming and administratively cumbersome.The revocation procedures proposed are set forth in Chapter 17.55.070 of the Zoning Code relating to Administrative Permits. Section 2. An “Artist Studio”is currently listed as a permitted use in the M-1 Light Industrial matrix in Section 17.28.020.A definition for “Artist Studio”would be included as part of this text amendment.On August 8,2000,the City Council made a determination that an “Architect Studio”is a similar use permitted for properties in the M-1 Light Industrial zone.A definition for “Architect Studio”is included as part of this text amendment to reflect City Council’s determination. Definition for Artist Studio: “Artist studio”means a workshop for one or more artists specializing in the visual arts including, but not limited to, painting, drawing, printmaking, mixed media, and sculpture. Definition for Architect Studio: “Architect studio”means a creative work space with work tables,drawing tables and space for preparing models and graphic representations which may be in conjunction with ancillary office and storage area. Section 3. Chapter 17.42 General Provisions,Conditions and Exceptional Uses of Title 17 of the Hermosa Beach Municipal Code would be amended by adding the following Section 17.42.200. 17.42.200 Events, Limited A. Definition 1.Events, Limited as defined in Chapter 17.04. B. Administrative Permit required. 1.Limited Events allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.28 in the Cypress District M-1 Light Manufacturing zone.The Cypress District is comprised of properties located in the M-1 Light Industrial zone located on Cypress Avenue, Valley Drive, and 6th Street. 2.The appeal procedures found in Section 17.55.050 and the revocation procedures found inCity of Hermosa Beach Printed on 3/6/2020Page 4 of 8 powered by Legistar™ Staff Report REPORT 20-0135 2.The appeal procedures found in Section 17.55.050 and the revocation procedures found in Section 17.55.70 shall apply to any administrative permit issued for Limited Events. 3.A Limited Events Permit is effective for two (2) years. C. Standards and Limitations. 1.Noise:No music or speaking shall be amplified at any time and event noise cannot be audible at the property line. 2.Established maximum occupancy of the event shall not exceed the occupant load of the premises.The business must post a sign stating the maximum occupancy.The event shall be focused on the interior of the business and is not permitted to occur on City sidewalks or streets. 3.There shall be no alcohol service or consumption during Limited Events.If alcohol is proposed, a Temporary Minor Special Events Permit is required per Section 17.42.150. 4.Limited Events frequency shall be limited to three (3)per month for maximum of three (3) hours each, but no more than two (2) in a 7-day period. 5.Hours:During normal business hours but no earlier than 10:00 A.M or later than 9:00 P.M. daily. 6.Limited Events is an accessory use to the main business. 7.Parking:A parking plan,including any shared parking details and approvals,must be provided and approved for the permit. Carpooling should be encouraged. 8.Limited Events are restricted from operating on St.Patrick’s Day,July 4th,Cinco de Mayo, New Year’s Eve or any other date when the Police Department determines the accumulation of activities in the City may exceed its capacity to adequately protect public safety. 9.Accessory retail is limited to products related to the primary business use during Limited Event periods.Limited Events are intended to allow retail accessory to the primary design or production use as determined by the Community Development Director.Limited Events may not be appropriate for distribution businesses or contractor uses, for example. Related to item 4 above,the Planning Commission requested that it be conveyed to the City Council that it could not reach a consensus on the frequency of Limited Events included in the standards debating on maximum frequency of two or three per month and would like the Council to make that determination. Staff is recommending three per month. Section 4. Section 17.28.020 “Permitted Uses”of Title 17 of the Hermosa Beach Municipal Code would be amended by adding the following uses to the matrix: City of Hermosa Beach Printed on 3/6/2020Page 5 of 8 powered by Legistar™ Staff Report REPORT 20-0135 USE See Section Architect studio P Events, limited P 17.42.200 General Plan Consistency: PLAN Hermosa,the City’s General Plan was adopted by the City Council in August 2017.The Cypress District is located within the Creative Light Industrial (CI)General Plan land use area.The purpose for the Creative Light Industrial designation,described on page 77,includes the following purpose statements:“to create a suitable environment for small businesses that rely on manufacturing,warehousing,or production to operate successfully”and “fosters new innovations and creative economic activity by providing common gathering areas and meeting spaces to share and exchange ideas”. The Cypress District character area (page 94)is also explicit about the long-term vision which speaks to the need for changes to the code, for which this proposal represents a first step: Future Vision The intent is to transform both the building design and orientation as well as the public realm and streetscape within the Cypress District.This area is the creative,production and light industrial center of Hermosa Beach where ideas,spaces,and creativity are easily shared.The Cypress District includes a variety of flexible use spaces, co-working offices, and creative or “maker” industries. Intended Distribution of Land Uses The Cypress District is exclusively designated for creative light industrial uses,with preference toward production uses aligned with green economy.While the area should allow some retail uses, the focus is on specialty trade services and must be accessory to the design or production uses.The Cypress District should support the development of new uses that will bring a wide range of high- quality jobs accessible to people with a variety of skill levels,including research and development and light industrial uses. The proposed text amendment also supports several PLAN Hermosa goals and policies listed below. City of Hermosa Beach Printed on 3/6/2020Page 6 of 8 powered by Legistar™ Staff Report REPORT 20-0135 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. Policy: ·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. Land Use Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. Policies: ·1.1 Diverse and distributed land use pattern.Strive to maintain the fundamental pattern of existing land uses,preserving residential neighborhoods,while providing for enhancement of corridors and districts in order to improve community activity and identity. ·1.4 Diverse commercial areas.Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses. ·1.8 Respond to unique characteristics.Enhance the unique character and identity of the City’s neighborhoods,districts and corridors through land use and design decisions.Allow policies and programs to be focused on each unique character area of the City. Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach. Policies: ·3.1 Unique districts.Encourage the development of local and city-wide districts and centers that address different community needs and market sectors and complement surrounding neighborhoods. ·3.2 Compatibility of districts.Require new development within the City’s creative industrial district be designed for compatibility with surrounding uses to minimize impact or nuisances (such as noise or odor) and cultivate connectivity with each district. Goal 10. A strong sense of cultural and architectural heritage. Policy: ·10.5 Adaptive reuse and sustainable development.Promote historic preservation as sustainable development and encourage adaptive reuse of historic or older properties. Summary of Proposed Resolution Amending the City Fee Schedule: A resolution is required to establish a fee for the new Limited Events Permit.Throughout discussions with the City Council and Planning Commission,the proposed new Limited Events Permit has been discussed that it should be a simple and affordable process similar to the Limited Live Entertainment Permit in commercial zones.Staff expects that the time needed to process an application for the City of Hermosa Beach Printed on 3/6/2020Page 7 of 8 powered by Legistar™ Staff Report REPORT 20-0135 Permit in commercial zones.Staff expects that the time needed to process an application for the proposed Limited Events Permit would be the same as that of a Limited Live Entertainment Permit. Based on the amount of staff time anticipated to process the application,a fee of $520 would fully cover the City’s processing costs. Consistent with City Council’s previous direction to limit the cost of the Limited Live Entertainment Permit,staff recommends a lower fee for the Limited Events Permit,at the same rate as the Limited Live Entertainment Permit of $257. Fiscal Impact: Staff anticipates that the fiscal impact would be minimal.While the permit fee of $257 may not fully recover staff costs,the proposed action would also potentially result in increased sales tax revenue collected from accessory retail sales allowed with the new Limited Events Permit. Attachments: 1.Proposed Ordinance 2.Proposed Fee Resolution 3.Link to 7-23-19 City Council Meeting 4.Link to 8-20-19 Planning Commission Meeting 5.Link to 11-7-19 Planning Commission Study Session Meeting 6.Link to 12-9-19 Planning Commission Meeting 7.Link to 1-21-20 Planning Commission Meeting 8.Public Notice Sent to Businesses and Property Owners 9.City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 10.Email from David Grethen regarding Limited Events Frequency dated January 22, 2020 Respectfully Submitted by: Christy Teague, Senior Planner Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 8 of 8 powered by Legistar™ 1 ORDINANCE NO. 20-xx AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TA 19-1 TEXT AMENDMENT REGARDING DEFINITIONS AND STANDARDS FOR NEW LIMITED EVENTS ADMINISTRATIVE PERMIT, ADDING DEFINITIONS FOR ARTIST STUDIO AND ARCHITECT STUDIO AND ADDING ARCHITECT STUDIO AS A PERMITTED USE IN THE M-1 LIGHT MANUFACTURING ZONE AND DETERMINING THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding definition for “Limited Events.” Events, Limited. "Limited events" means the provision of events as defined herein, but only as accessory to an established on-site use for limited periods of time such as openings for the purpose of showcasing art or other goods produced or manufactured in the M-1 Zone, such as for Artist Studios or manufacturers, and also allowing accessory retail that does not typically generate off-site impacts or contribute to impacts within the M-1 Light Manufacturing zone or adjacent residential districts in accordance with standards and limitations. Section 2. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding definitions as follows: “Artist studio” means a workshop for one or more artists specializing in the visual arts including, but not limited to, painting, drawing, printmaking, mixed media, and sculpture. “Architect studio” means a creative work space with work tables, drawing tables and space for preparing models and graphic representations which may be in conjunction with ancillary office and storage area. Section 3. Chapter 17.42 General Provisions, Conditions and Exceptional Uses of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following Section 17.42.200. 17.42.200 Events, Limited A. Definition 1. Events, Limited as defined in Chapter 17.04. 2 B. Administrative Permit required. 1. Limited Events allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.28 in the Cypress District M-1 Light Manufacturing zone. The Cypress District is comprised of properties located in the M-1 Light Industrial zone located on Cypress Avenue, Valley Drive, and 6th Street. 2. The appeal procedures found in Section 17.55.050 and the revocation procedures found in Section 17.55.70 shall apply to any administrative permit issued for Limited Events. 3. A Limited Events Permit is effective for two (2) years. C. Standards and Limitations. 1. Noise: No music or speaking shall be amplified at any time and event noise cannot be audible at the property line. 2. Established maximum occupancy of events shall not exceed the maximum occupancy load of the interior of the business. Events should be focused on interior. The business must post a sign stating the maximum occupancy. Events are not permitted on City sidewalks or streets. 3. There shall be no alcohol service or consumption during Limited Events. If alcohol is proposed, a Temporary Minor Special Events Permit is required per Section 17.42.150. 4. Limited Events frequency shall be limited to three (3) per month for maximum of three (3) hours each, but no more than two (2) in a 7-day period. 5. Hours: During normal business hours but no earlier than 10:00 A.M or later than 9:00 P.M. daily. 6. Limited Events is an accessory use to the main business as determined by the Community Development Director. 7. Parking: A parking management plan, including any shared parking details and approvals, must be provided and approved for the permit. Carpooling should be encouraged. 8. Limited Events are restricted from operating on St. Patrick’s Day, July 4th, Cinco de Mayo, New Year’s Eve or any other date when the Police Department determines the accumulation of activities in the city may exceed its capacity to adequately protect public safety. 9. Accessory retail is limited to products related to the primary business use during Limited Event periods. Limited Events are intended to allow retail accessory to the primary design or production use as determined by the Community Development Director. Limited Events may not be appropriate for distribution businesses or contractor uses, for example. Section 4. Section 17.28.020 “Permitted Uses” of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following uses to the matrix: 3 USE Architect Studio P Events, Limited P 17.42.200 Section 5. CEQA. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(1), because CEQA does not apply to ministerial projects proposed to be carried out or approved by public agencies. The project is statutorily exempt from CEQA in that it allows for approval of limited events within approved businesses only. Additionally, the zone text changes are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. No possibility exists that the proposed zone text amendments will have a significant effect on the environment because the zone text amendments will create a standard for limited event permits. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. Section 7. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this ____ day of _____________ 2020. VOTE: AYES: NOES: ABSTAIN: ABSENT: _____________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ City Clerk City Attorney RESOLUTION 20 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A LICENSE FEE FOR THE LIMITED EVENTS ADMINISTRATIVE PERMIT; AND TO ADD THIS FEE TO THE MASTER FEE RESOLUTION SECTION 1. Recitals – Limited Events Permit Ordinance. 1. Ordinance No. 20-xxx was adopted by the City Council to establish definitions, standards and procedures for granting a new permit referred to as Limited Events Permit. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 2. That the following administrative permit fee be added to the City’s Master Fee Schedule for a Limited Events Permit: Limited Events Permit Administrative Permit Fee Limited Events Permit Application $257 SECTION 3. The above fee shall become effective immediately. PASSED, APPROVED AND ADOPTED this 25th day of February, 2020. MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________________ ____________________________________ City Clerk City Attorney City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 IMPORTANT PUBLIC NOTICE Cypress District M-1 Zone Municipal Code Text Amendments NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach will hold a public hearing on Tuesday, February 25, 2020 to consider to Amend Chapter 17.04 and Chapter 17.42 - An Ordinance of the City of Hermosa Beach, California, Amending Chapter 17.04 and Chapter 17.42 of the Hermosa Beach Municipal Code regarding definitions and standards for a new Limited Events permit option as an accessory use to businesses located in the City’s Cypress District M-1 zone; adopt proposed definitions of “Artist Studio” and “Architect Studio” and “Events, Limited;” amend the M-1 Light Manufacturing zone matrix to allow “Architect Studio” and “Events, Limited” as permitted uses; and determination that the project is categorically exempt from the California Environmental Quality SAID PUBLIC HEARINGS shall be held at 7:30 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. Written materials pertaining to the matters listed on the agenda of a Regular City Council meeting must be submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda packet. However, written materials received after the deadline will nonetheless be posted under the relevant agenda item on the City’s website at the same time as they are distributed to the City Council by email and provided to the City Council and the public at the meeting. Written comments may be delivered in person to the City Manager’s office or may be mailed to the City Manager’s office at City Hall, 1315 Valley Drive, Room 203, Hermosa Beach, CA 90254. Written comments may also be submitted via eComment in 3 easy steps once the agenda has been posted on the City website: 1) Go to Agendas/Minutes/Video webpage and find the meeting on which you’d like to comment; 2) Find the agenda item on which you’d like to comment; and 3) sign in to your SpeakUp Hermosa Account or sign in as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the above -listed departments at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the City Manager’s Office at Tel: (310) 318-0216. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. A copy of the agenda and staff report(s) will be available for public review at the end of the business day on Thursday, February 20, 2020, at the City’s website (www.hermosabeach.gov). Relevant Municipal Code sections are also available on the website. Tanesha Hudson Senior Office Assistant Office of The City Clerk From:Ken Robertson To:Christy Teague Subject:FW: Cypress District Limited Events (Frequency Constraints) Date:Wednesday, January 22, 2020 9:29:05 AM FYI   From: David Grethen <dgrethen@roadrunner.com>  Sent: Wednesday, January 22, 2020 8:47 AM To: Ken Robertson <krobertson@hermosabeach.gov> Cc: DG_PlanningCommission <DG_PlanningCommission@hermosabeach.gov> Subject: Cypress District Limited Events (Frequency Constraints) Last night during Plannig Commission's discussion of the agendized Cypress District Limited Events item, there was not unanimous consensus for a recommendation to Council for how often the proposed events should be allowed. I would like to offer a suggestion for you to consider that might strike a balance among the Commissioner concerns, as well as some thoughts to ensure clarity in specifying the frequency with which events may be held. The suggestion is to specify multiple constraints that must be simultaneously met, not just one constraint as discussed (e.g. 2 versus 3 per month). The simplest example of this would involve just two constraints, e.g., no more than 3 per month as well as no more than 24 per year. This appaoach would address Commissioner Rice's conern about the total number of event over the long term, but allow more flexiblity to the applicants in the shorter-term. A more flexible but also more complex example might be to have three constraints, e.g. 24 per year, 4 per month, 2 per week, all haing to be met. It occurred to me that applicants might like to cluster their events over consecutive days or weeks if they are going to the effort to do event setup, or have limited-duration opportunties to display items provided by various sources. So that might be a motivation here. The downside is the burden on Staff and others if it is overcomplicated. The thoughts on clarity are as follows. First, it needs to be well understood whether an event is indeed counted as a single-day duration regardless of any consecutive days are involved. Second, it might help to specify that the constraints are for, e.g..30 days, 365 days, 7 days versus months, days, weeks. But thirdly and perhaps more important, to specify that these are for any given running duriation of time, not necessarily a calendar year, calendar year, or Monday-through-Friday week. To summarize, the use of multiple constraints on event frequency to be simultaneously met should help balance short-term needs with longer-term concerns. If you find the clarification suggestions useful as well, I am glad to have helped in any "event". David Grethen Resident P.S. I may forward this mesasge separately to Michael Collins in the spirit of transparency since he has written letters and been an active and vocal stakeholder in the Cypress district. Marisa Hirtzel Location: 90254, Hermosa Beach Submitted At: 02-25-20 The businesses in the Cyprus are really the heart of Hermosa culture. Mangellis keeps the surf history of Hermosa alive and places like ShockBoxx and Resin are forming the next generation of artists. All private events held in this area in the past have been very respectfully and professionally run. I would be very excited to see more happening in this special area of Hermosa. Alison McMahon Location: 90254, Hermosa Beach Submitted At: 02-25-20 The existence of thr activities in Hermosa's Cypress Arts district are important to me both as a working artist and long time resident who grew up in the South Bay and knows and loves its roots. Our arts district and board builders are a draw to the area other than bars and real estate flips. The energy is lovely, and when all are open for an event, positively electric. Support for this area and its focus MUCH appreciated. I have returned here to paint beach architecture. It's wonderful have a local gallery to think about while working*. Check my work on IG. *important motivator Robin Caceres Location: 90254, Hermosa Beach Submitted At: 02-25-20 Please support and grant permits for Cypress. I have lived in Hermosa for 58 years and have enjoyed the events that are sponsored by the artists and crafts people on this block. Such a great addition to our lovely beach city. Eden Jones Location: 90254 Submitted At: 02-25-20 I support what’s happening on cypress! I am a life long South Bay local born and raised and cypress street is a very special place to all of native southbay and so much history behind cypress! Keeping cypress is keeping history alive SUPPLEMENTAL eComments for 02-25-20 Agenda, Item 5a: CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES Overall Sentiment Comments Support Oppose Neutral 86 79 2 0 Brent Broza Location: 90254, Hermosa Beach Submitted At: 02-25-20 I am in full support of this amendment! We need art in our community! Beth Burke Location: Submitted At: 02-25-20 Please allow permits for small businesses to open and continue to operate in Cypress District. Michael Voss Location: 60087, Waukegan Submitted At: 02-25-20 Hello, I am a Chicago based artist. My wife Julie and I flew in two weeks ago stayed a long weekend in Hermosa Beach to attend a local gallery opening reception. I found the art scene to be vibrant, smart and inspiring. We can't wait to come back. You guys are doing it right in Hermosa Beach. What a great emerging Art scene!!! Wendy Layne Location: Submitted At: 02-25-20 I recently had a piece of art accepted into a gallery exhibit at ShockBoxx Gallery and my husband and I flew to Hermosa Beach from the Austin, Tx area to attend the gallery event opening night. We spent the weekend in the Southbay and we absolutely LOVED visiting Hermosa. We found the people were so friendly, the area was beautiful and we will definitely return to Hermosa Beach especially for art events. I would absolutely encourage you to consider to continue to make it easy for more of these events to occur by adopting the new event permit. Bringing more artists to your area for shows like this is a positive thing for your city. theodosia marchant Location: Submitted At: 02-25-20 I support this amendment fully - it will help the artistic development of the district! Hans Geiger Location: 90254, Hermosa Beach Submitted At: 02-25-20 Art's cool. Patti Sousa Location: Submitted At: 02-25-20 Dear City Council, I support the amendment so that the community can come together and enjoy all that the Cypress district has to offer. This area has such potential and I am proud to be a partner in a business that is located there. As a resident of Loma Drive just one street over from Cypress, I am excited for this area to continue to build on the positive changes that have happened in a short period of time, which is a HUGE improvement to what used to go on down there in the form of many illegal activities, filth and other unsavory activities. Thank you. Alex Lockwood Location: 90278, Redondo Beach Submitted At: 02-25-20 I support this amendment full y. It will help sustain the artistic growth of the future Cypress Arts District. Russ Gilbert Location: 90254 Submitted At: 02-25-20 It's hard to imagine a downside to the increased foot traffic, commercial activity, and promotion and expressions of culture this amendment would provide. Making it both less expensive and easier for the businesses in the Cypress District to get these permits will only benefit Hermosa Beach as a community. I say this as someone with my home just one block over from Cypress. Karl Rogers Location: Submitted At: 02-25-20 I support these amendments! Way to go everyone involved! Dennis Jarvis Location: 90254, Hermosa Beach Submitted At: 02-25-20 Our town needs culture, culture is derived from participation of the many. You must have gatherings to connect with other artistic "like minded" people. From consumers to critiques there should be an ability to let people gather (as long as the events keep in mind the neighbors (and from what I have heard they are carful not to over step the boundaries)--- please let this really cool location continue to have the gatherings needed to spurn the growth for out city. there is nothing like Cypress in the the whole City of Hermosa...let the culture SHINE! Robert Fortunato Location: 90254, Hermosa Beach Submitted At: 02-25-20 Honorable Mayor Campbell, City Council and Staff, This note is in strong support of the new permit to allow more events in the Cypress district. My wife and I have attended many art and music events there and the community coming together in that way is one of our favorite parts of living here. It needs to be encouraged and fostered and this permit will make that possible going forward. Respectfully, Robert Fortunato Paul Daniel Location: 90254, Hermosa Beach Submitted At: 02-24-20 I fully support the proposed amendment for Cypress District Businesses having attended the wonderful gatherings at the art gallery there several evenings along with supporting other businesses there as well. Hemrosa is and has always been about inclusion and diversity especially with the art community. Gavin Rubin's comments expresses so well in detail how much of us longtime residents feel. I've lived in Hemrosa Beach at the same address almost 30 years and even worked in Hermosa Beach for 14 years. I know what the core community is all about and so much of that has been expressed on Cypress. Thank you for hearing us on this important matter! Eric Rauseo Location: 90745, Carson Submitted At: 02-24-20 Dear Council, I am in full support of the proposed amendment. The gallery scene has brought back life to a once stale part of the city. Chris Kelleher Location: Submitted At: 02-24-20 Gallery events bring more cultural diversity to the South Bay. Gavin Rubin Location: 90278, Redondo Beach Submitted At: 02-24-20 Dear City Council: I would like to voice my support of the proposed amendment. Every community strives for the proper balance of family harmony, safety, community and commerce. I feel the movement on Cypress encompasses all these elements. Prior to the development of Cypress the area was becoming stale and entering a state of industrial fatigue to the point of having a proposed oil drilling operation being implemented. Having recently attended art, music and surf related events on Cypress I have seen the staleness crumble and the underlying area begin to embrace the sense of community that makes us love and live in the South Bay. How lucky are we to evolve from a proposed oil drilling facility to a cutting edge example on how to integrate light industry with the arts and the community as a whole. This endeavor, if allowed to blossom could serve as a blue print for other communities on creating a model for light industry commerce and community to exist in harmony. Hermosa cannot thwart this initiative and lose the opportunity to establish itself as a pioneer in this type of joint development. I am proud of the sound analysis that has taken place thus far on the matter. Council is establishing itself as forward thinking and trend setting in the integration of industry and community. Don't stop now. Lets see what Cypress can be not only for our community, but the rest of the country. Respectfully, Joseph Cipolla Location: 90254 , Hermosa Beach Submitted At: 02-24-20 I would love to see Cypress have a permit for small businesses that would have art shows or live music. Dency Nelson Location: 90254, Hermosa Beach Submitted At: 02-24-20 I strongly support this ordinance! This is a first step to codify what I consider to be the heart and soul of Hermosa Beach! That is, providing the space and the tools to create and show everything related to all of the arts, including music and theater! This is, as I said, a great first step and I look forward to the success of these new spaces under these new rules demonstrating that we can do even more to make Hermosa Beach not only Surf City, but Art & Music City! Thank you for your vision, HB City Council! Priscilla Ortiz Location: 90245, El Segundo Submitted At: 02-24-20 I would like to express my strong support for the events on Cypress and Shockboxx. As an artist, I believe these establishments are important for the community on many levels. The positive effects are many, but the connections between artists and neighbors is at the top of the list. To be able to gather with like-minded individuals and share art with each other brings not only joy, knowledge and community bonding, but also culture and creative outlets for all. Jessica Hansen Location: 75024, Plano Submitted At: 02-24-20 I’ve attended several events and couldn’t imagine this district not being able to continue to host more events to strengthen Hermosa Beach through the arts. Kevin Sousa Location: 90254-4651, Hermosa Beach Submitted At: 02-24-20 I would like to thank the Council for taking up this matter so that we may continue to nurture and grow the Arts and Humanities in the Industrial Arts Zone while staying true to Hermosa. We have been working diligently to stoke what has always been a movement on Cypress. This movement started generations ago by innovative and creative manufacturers of art; surfboard glassers and shapers, wood and metal workers, artists and musicians on the fringe. The evolution of this movement has us creating improved, more diverse, spaces and studios to produce and showcase our trades. Naturally this has led to a vast upgrade of the area, in all aspects, but most especially it has become a safe and inviting place for every person of every age in our community to both present and enjoy the arts. We have our pulse on the surrounding neighborhood because we are the neighbors (as seen by the plethora of comments). Furthermore, every artist, artisan and producer working down here is open to feedback about how we can continue to evolve and grow the arts for the sake of our community. We invite any and all comments and suggestions on how we, as an arts community, can improve the experience and continue our momentum in the Zone. We are seeking easement around the permitting process so we can share with our community the best of us, the best of Hermosa... Kerry Stitt Location: 90277-3177, REDONDO BEACH Submitted At: 02-24-20 I agree to have businesses on Cypress Ave. I SUPPORT of council adopting this new permit. John Miller Location: 90254, Hermosa Beach Submitted At: 02-24-20 IN SUPPORT of council adopting this new permit agenda for the Cypress district. Thank you. JW. David Grethen Location: Hermosa Beach Submitted At: 02-24-20 Please consider adding a requirement on the event holder to self-report the occurrence of each individual event held. The reporting might be allowed to occur as late as within some specified duration after occurrence of the event (e.g. a few days), so as not to preclude the intended spontaneity of such events or overburden the event holder. The utility of such a self-reporting requirement be to assist or even enable the enforcement of the specified maximum event frequency limitations part of the ordinance, to help balance the benefits of the events against any potential the impacts on the area or surrounding neighborhood. Zeal Levin Location: 90260, Lawndale Submitted At: 02-24-20 I support the amendment of M1 zoning code to help the continued creation of a blooming arts district on Cypress ave. I am a new Hermosa Beach resident and am grateful to call this beautiful place home! I am a professional musician and have had the pleasure of recording my debut album at Studio 637. It is a wonderful business that supports the community and encourages artistic expression. In addition I have been working for the Hermosa Music Co. as the facilities manager. I have not seen any negative impacts from events on cypress, including parking, as most people attending openings walk or ride share. Thank you for your time, with gratitude, Zeal Levin Kevin Yamada Location: 90254, Hermosa beach Submitted At: 02-24-20 As a hermosa resident and cypress ave business owner (Studio 637), I would like to express my support of the amendment and permit regarding M-1. Our business made hermosa our home 7 years ago. We liked what was happening with cypress so much, that the business bought the building last year. The addition of an arts district to hermosa would be truly awesome for not only the city’s culture, but also for the businesses currently occupying cypress ave. The ability to demonstrate the work that we create in our building would be very rewarding. I hope the city continues to support the organic growth of the arts district on cypress. Thank you for your time. - Kevin Yamada Studio 637 | Creative Director, Co-Owner Claire Davenport Location: 90254, Hermosa Beach Submitted At: 02-24-20 Hello Council! Thank you so much for discussing this topic. I am in full support of this text amendment for the Cypress District. I am very excited to see the organic growth of the arts on Cypress and think it is wise to shift city policies in order to facilitate that growth. Thank you for your time and consideration! Andrew Lammers Location: 90254, Hermosa Beach Submitted At: 02-24-20 Hello. My wife and I are in strong support of adopting the new permitting for the Cypress businesses. They do such an amazing job of providing life to our community through art and togetherness. The businesses in Cypress have always operated in a very respectful way and added value to our beautiful city. Strong support from the Lammers's. Have a wonderful day, everyone! Greer Snowden Location: Submitted At: 02-24-20 Hi Lovely Council people, I hope you’re having a great day so far! I just wanted to reach out to express my strong support of what has been happening on Cypress with Shockboxx and the art district that has been established there. What a wonderful way to showcase the brilliance and creativity that comes out of our beautifully unique beach town. I believe these gatherings makes us stronger as a community and should be allowed to continue. Genuine passion thrives here; let’s continue to see it grow! Emily Brantley Location: 90254, Hermosa Beach Submitted At: 02-24-20 Please approve the new zoning permits for the blossoming arts area on Cypress Avenue! The artists here have made a hugely positive impact on the community, and it’s been amazing to see how the art events have brought the neighborhood together. Art enhances a community, and it’s been wonderful to see how Hermosa has begun to embrace this and let the unique vibe of our beautiful little beach town begin to show all over town. Thank you so much! Maria Cracknell Location: 90255, Hermosa bch Submitted At: 02-24-20 I’ m letting our City Council know Shockboxx has been the best PR our city could ask for. The community support for our artists that Shockboxx provides makes me proud to be a resident of HB for 48 years. Not only helping to connect other locals it brings in artists from surrounding cities. We need more venues like this. In addition there have been many nonprofit events hosted in the gallery. Please know many HB locals love Shockboxx. Maria Cracknell Drica Lobo Location: 90254, Hermosa Beach Submitted At: 02-24-20 I fully support the new change to the zoning permit process. The events on Cypress are great for our community, and support local business and artists. Thank you. Sean Medi Location: 90266, Manhattan Beach Submitted At: 02-24-20 Please approve as Art and small businesss and community events are an integral part of our community and when they thrive the community does as well thank you Catherine Coan Location: 90266, Manhattan Beach Submitted At: 02-24-20 The Cypress District is a cultural treasure in the South Bay. As an artist, gallerist, and arts supporter, I strongly support this permit. Ann Hempelmann Location: Submitted At: 02-24-20 Please approve the permit to allow holding more events in the Cypress District. These events are so good for our community! John Teague Location: 90254, Hermosa Beach Submitted At: 02-24-20 Art is very important to a communities creative health. Community support is essential & it draws people to our city other than bars....thank you shannon donnelly Location: Submitted At: 02-24-20 Please support and allow these important community events to continue! John Schatttinger Location: 90254, Hermosa Beach Submitted At: 02-24-20 I whole heartedly support the change in permit regulations allowing any business (galleries, music studios, surf board makers and shapers) within the Cypress district to hold small gatherings and events. We need to come together to support those that make this community unique and creative while bringing all residents together in a positive way. Julie Parrino Location: Submitted At: 02-24-20 Arts colonies support the local economy and create vibrant communities. I support the permit for the Cypress District to bring more events and live music to our area! Jack George Location: 90045, Los Angeles Submitted At: 02-24-20 I support the permit for the Cypress District. The shows and gatherings taking place here would benefit greatly under the new permits. As a Shockboxx Program Artist I ride share to almost all events; this community is a gift not just for Hermosa, but anyone who stops by. Adam Malovani Location: 90254, Hermosa Submitted At: 02-24-20 Please change permit regulations to make it easier and less expensive to get permits to allow events and live music on Cypress and other areas in Hermosa! Noise issues should be based on decibel levels, not if music is amplified or not. Thanks! Tish Lombardelli Location: 90254, Hermosa Beach Submitted At: 02-24-20 it's been a thrill for most of us to think of Cypress as an Art Colony. The many artisans who have worked there for years have finally received recognition and the area has become a positive place for artist's openings and other events. Scott Meskill Location: 90278, REDONDO BEACH Submitted At: 02-24-20 I am in full support the event permit for Cypress District! I always meet amazing people at these events, lots of love and positive community support. Parking has never been an issue for me, and I've yet to see one of these events turn into an all nighter. It definitely has brought people into Hermosa from other cities, so it's positive for local businesses as well. Dave Schaefer Location: 90254, Hermosa Beach Submitted At: 02-24-20 We need to keep Cypress Street shops galleries and industry thriving. If that place goes away Hermosa is gone! If you don’t have 40 or 50 years of reference for what’s cool about Hermosa Beach and who made it that way? ask someone that does! Nicholas Marks Location: 90045, Westchester Submitted At: 02-24-20 Please support the arts and allow the Cypress district to conduct events for public attendance! Dustin Grabiner Location: 90254, Hermosa Beach Submitted At: 02-24-20 Please allow Cypress to continue to spread art and culture into our community!! Dawn Dafgek Location: 90266, Manhattan Beach Submitted At: 02-24-20 I support approving this permit. Cypress is the only area in hermosa with a strong representation of small businesses in the arts. It helps make Hermosa a more creative community. Katharine Bergstrom Location: 90254, Hermosa Beach Submitted At: 02-24-20 Please support the arts by passing this zone change to permit small business development. Keep the memory of HERMOSA BEACH FRIENDS OF THE ARTS alive! Steve Moseley Location: 90254, Hermosa Beach Submitted At: 02-24-20 Please support the issuance if this permit. A thriving art community, whether visual, musical, or performance- related, is a critical part of the Hermosa Beach culture, and benefits us all. Thank you! Debbie Sanowski Location: Submitted At: 02-24-20 I support approving the permit and the revitalization of the area. It is a positive improvement for our neighborhood with no substantial downside. Leah Perrino Location: Submitted At: 02-23-20 I support. The amazing things happening in Hermosa are absolutely crucial for artists and the community! Amanda Browning Location: 90278, Redondo Beach Submitted At: 02-23-20 As a member of the Hermosa Beach business community, I fully support the Cypress M1 zoning permit process. Art & Music are two of many things that make Hermosa special and unique. Why take that away? I work with and support many of the artists that keep Cypress alive. These creative spaces allow for collaborations that strengthen Hermosa Beach businesses, including the ones I represent. We can’t let this amazing culture die. HERMOSA NEEDS CYPRESS!! Karen Klink Location: 90254, Hermosa Beach Submitted At: 02-23-20 I support the new change to the M1 zoning permit process. These events on Cypress are wonderful additions to our community and should be made easier to have and be encouraged. We need more arts, music and community events that bring us together other than the bar scene. Thank you for your consideration. Veronica Torres Location: 90254 Submitted At: 02-23-20 I am in support of the events being held on Cypress. This community is creating opportunity for so many with the collaborative events. Kira Lingman Location: 90266, Manhattan Beach Submitted At: 02-23-20 I was born and raised in the South Bay and have seen first hand how events at local businesses not only encourage community engagement but they help small business succeed. As a employee of Becker Surf for 10 years; a shop whose surfboards are shaped and glassed by the hardworking men at Mangiagli Manufacturing on Cypress I support this. As a musician who has recorded albums at Studio 637 and performed at Resin Gallery shows, I support this. As an citizen who appreciates the works of the amazing artists who have displayed their work at Shock Boxx and Hermosa Music Company, I support this. This permit is vital for the continued success of the businesses on Cypress while also keeping the town's historic culture alive! Keep Hermosa Hermosa! Dylan Lombardo Location: 90254, Hermosa beach Submitted At: 02-23-20 I very much support this new permit for cypress! It’s important to the locals of hermosa to represent themselves by communicating the art and culture influenced by the beach cities. I believe this is necessary in order for hermosa to not limit its creativity! Gerry O'Connor Location: 90266, Manhattan Beach Submitted At: 02-23-20 Dear Mayor Campbell and Councilmembers Massey, Fangar y, Detoy and Armato: I write you to address Item 5a) of the Hermosa Beach City Council's Feb. 25, 2020 agenda proposing the addition of a Limited Events Permit for the Cypress District. As a near 40 year resident and homeowner of our South Bay Beach Cities long engaged in our local governance, I find it most exciting to see Hermosa faced with such rare opportunity to have a very real and positive impact to further elevate the stature of the arts in our region. As a past appointee to numerous local government Committees, Boards and Commissions, including having served as Member and Chair of the Manhattan Beach Planning Commission, I fully understand and appreciate the requirement to always identify, study and balance the needs and desires of all community stakeholders, most notably including those of both residents and the business community, when any and all such zoning and land use decisions are made. The proposed zoning adjustment presently before you, one that would allow Cypress District businesses to host openings or events to showcase and offer products for sale on a limited basis, represents an opportunity to recognize, reward, and help move forward the very positive revitalization the Cypress District has seen in recent years. I feel most fortunate to personally know a number of the principals affiliated with current Cypress District businesses and associated ventures. While we know that zoning code requirements stand independent of the particular property owners or tenants who may be governed by them at any given time, Hermosa would be hard pressed to find more community minded, fully engaged and highly communicative folks with whom to entrust the effective and respectful initial implementation of any such well founded and positive adjustment to current zoning code. As always, please give your utmost consideration to all community concerns, both in support and in opposition to this proposed zoning revision, and make the decision that is best for both the City of Hermosa Beach, and all of us in the greater community. From where I stand, there is little question that such a decision would be for Council to wholeheartedly approve this proposed revision, as thoroughly vetted and now enthusiastically recommended by both city staff as well as the Planning Commission. I very much look forward to seeing you at a future Cypress District Event! Most Appreciatively, Gerry O'Connor Manhattan Beach Patti Astor Location: 90254, Hermosa Beach Submitted At: 02-23-20 I support! I have been very involved in the progress being made down there and this is a golden opportunity to move forward but with respect for all of Hermosa Beach. Steve Aguilar Location: 90274, Hermosa Beach Submitted At: 02-23-20 I grew up in the Hermosa area. Music and art was prevalent everywhere. It now seems to have lost that beautiful character and artistic expression that made it so special. The Cypress district that is forming so organically could be the resurrection of that original expression! I am fully in support of this action! Let’s do it Hermosa!! A G Location: Submitted At: 02-23-20 I support the new permit for the Cypress area! JL Cederblom Location: 90245, el segundo Submitted At: 02-23-20 I support all the wonderful creative events taking place on Cypress. Quinlan Brodine Location: 90278, Redondo Beach Submitted At: 02-23-20 I absolutely support this have been to some awesome art and music events that were fun for the whole family and would love to enjoy more! Thomas Welch Location: 90254, Hermosa Beach Submitted At: 02-23-20 I support this measure to allow limited permitted events on Cypress. I live within an easy walk of these businesses on Cypress and have enjoyed the many opportunities to get together with fellow neighbors, enjoy the art shows, and the businesses on that street. I feel that this would continue to make Hermosa a great place to live. Ellen Wroe Location: 90266, Manhattan Beach Submitted At: 02-23-20 Hey City Council, I fully support the permit measure and all the awesomeness that is happening on Cypress Ave. I’ve lived in Manhattan Beach for 6 years now, and it wasn’t until my I started attending the events held at Shockboxx that I realized just how incredible Hermosa is. My husband and I regularly attend the art shows and typically eat out in Hermosa afterwards. We Uber over or even walk the green belt if we’re feeling spunky... so parking is never an issue. For one Shockboxx show we brought nearly 30 of our friends from Hollywood out and, let’s just say, there was quite a bit of local bar patronage after. I can’t think of one good reason why y’all shouldn't pass this measure. Your neighbors, Ellen & Mike Kathy Welch Location: 90254, Hermosa Beach Submitted At: 02-23-20 I am so very much in support of this permit to allow special events to take place in our Cypress district. I’ve lived around the corner from Cypress for 36 years and have experienced the recent revitalization of this area into something that will put this part of Hermosa on the map! I have attended art shows and many other events and parking is not an issue. Besides the convenience of Lyft or Uber, there’s the parking strip along Valley a block north. These events have become a signature of Hermosa and will only add to the artistic culture of our community and bring people together. Thank you for considering approving this very important proposal for our city. Chris Shaw Location: 90254, Hermosa Beach Submitted At: 02-23-20 It used to be a sketchy area and now its a dope lil artsy area. Seems like an easy call _____ Allan Mason Location: 90254, HERMOSA BEACH Submitted At: 02-23-20 The Cypress scene is a valuable addition to our city. Please support it in any way you can Paul Roustan Location: 90254, Hermosa Beach Submitted At: 02-23-20 I support the amendment to the M1 zoning and limited event permit. It is a reasonable adjustment that I believe will neither harm any businesses in the district nor disturb the nearby residents. It can only lead to positive opportunities and experiences for the community. Vicki Hicks Location: 90266, Manhattan beach Submitted At: 02-23-20 We are in SUPPORT of the City council adopting this new permit. Our family highly encourages the development of arts, Music Entertainment,Art Gallerys on cypress street this is what Hermosa Beach is all about to provide rich experiences for the City's residents and its visitors. Bring The community together _ Caroline Burckle Location: 90278, Redondo Beach Submitted At: 02-23-20 As an Olympian, I fully support the epicness of what is happening on Cypress Ave. Behind it 100%. Nikolai Solima Location: 901406, Van nuys Submitted At: 02-23-20 Support shockboxx all the way!!! More cities across the nations needs a shockboxx! Chris Brown Location: 90254, Hermosa Beach Submitted At: 02-23-20 This would be a positive step for our community. Joy Ray Location: 90029, LA Submitted At: 02-23-20 I have lived in cities across the country including New York, Los Angeles, and even Hawaii. The artistic community I have discovered on Cypress, including Shockboxx and Resin, is rare, special, and important. These types of communities require a unique confluence of passion, dedication, generosity and vision, from not just one but many people, over an extended period of time. Institutions like Shockboxx can change communities and lives, and make cultural history. Cities can spend millions of dollars to try to get the same results. But Hermosa Beach is so lucky: it’s already happening, led by an incredible group of local artists and makers. And the only thing the city needs to do is support it in this one small way. I encourage the city to do so. Sara Krish Location: 90277, Redondo Beach Submitted At: 02-23-20 I have attended many incredible events at Resin and Shockboxx. Until their openings I had never been drawn to that area of Hermosa. What they have created feels like a powerfully positive transformation. Their added value, community building, creative celebrations, and overall wonderful intentions to build a stronger community rooted in good creates a win for all. debra flores Location: 90278-2651, Redondo Beach Submitted At: 02-23-20 Support permit use Greg Horeczko Location: 90277, Redondo Beach Submitted At: 02-23-20 Support increases in permitting events at the Cypress Ave businesses: Shock Boxx and Resin Morgan Sliff Location: 90254, Hermosa Beach Submitted At: 02-23-20 I echo the support below. Some of the best nights in Hermosa Beach are those spent at a gallery gathering on Cypress. I live on a small street about a block away and have been inspired by the expansion of the art and music scene. As for the parking comment below, the events I’ve attended have been biked, walked, or ubered to by most of the other attendees. As a resident who lives so close, I’ve never seen parking as being an issue. Kudos to the creatives on Cypress for bringing more art and music to a once-forgotten corner of Hermosa. Sarah Levis Location: 91104, Pasadena Submitted At: 02-23-20 Dear City Council, I am an artist that is a part of the galler y, Shockboxx. I had never really been to the southbay till I started working with the galler y where I have found my community, not only at Shockboxx but within the small but mighty Cypress Street. The buzz created by Shockboxx alone has put Hermosa Beach back on the map not only for music but finally as an artist destination. Each month people from all over Los Angeles flock to the amazing art shows, I have met the most genuine, loving people on Cypress. It would be a disservice to Hermosa Beach not to support and enable these galleries and music destinations to continue to grow. Beau Robinson Location: 90266, Manhattan Beach Submitted At: 02-23-20 Shockboxx is a great local gallery and we support anything that aids the growth of this artistic community. We take an Uber down to Hermosa from Manhattan for art events and always find a great place for dinner within walking distance of the galler y. With other galleries nearby this is a spot we really enjoying visiting, the neighborhood is safer and cleaner now and the area is alive. Please consider approving this permit. Thank you. Kayla Cloonan Location: 90042, Los Angeles Submitted At: 02-23-20 I am in full support the event permit for Cypress District! I have enjoyed many art shows at Shockboxx Gallery and it has brought me to a neighborhood I otherwise would have never been to. Mike Collins Location: 90254, Hermosa Beach Submitted At: 02-23-20 Dear City Council, The Cypress area of Hermosa Beach has long been a hotbed of creativity, innovation and craftsmanship. These are facts that should be celebrated and encouraged. As you can read from all of the public comments that have been lobbied since the beginning of this decision, the community, including the majority of building and business owners, are in favor of what is happening in the area. We are attracting positive community involvement and attention to our town. As a matter of fact, the only complaints ever lodged about the changes in the area are being lobbied from the owner of the gym that is currently suing the city. Is it possible that they were filing complaints to help bolster their legal dealings, and that under different circumstances they too would be in favor of exactly what we are asking to have amended? The presence of new growth in the area is in alignment with both Hermosa’s histor y, and her future. This is ser ving to clean up, promote and shine light on some of what is best about our community. When we moved into the space that is now ShockBoxx, the building was in disrepair, with trash spilling out of dumpsters that contained mattresses, collections of junk leaning on the exterior walls and a large orange van that had been an eyesore and joke on the street for nearly 10 years. In addition to cleaning up the frontage of the building, there is a noticeable absence of the once common drug dealing, violence and intimidation that occurred on the regular. As neighbors and business owners in the area, we are watchful and dedicated to keeping the street clean. As a matter of fact, we regularly sweep the gutters from the building that begins at 717 Cypress and continue beyond ShockBoxx to the bottom of Cypress at 6th street. We do this at no charge to Athens or the City. We do this because we believe in the community and take pride in the area. Look around. Others are following suit. You have heard from the businesses and planning commissioners who report that we share parking with one another, and that some daytime businesses use other’s parking spaces in exchange for use of their space in the evening. So, what has happened since ShockBoxx and some of the other new creative spaces have arrived on Cypress? Specific to ShockBoxx, we have hosted art shows for local shapers like Jose Barahona to celebrate surfboard manufacturing in the area, for Keoni Boyd to showcase decades of his craft, almost all of which he created in the 717 building of Cypress. We’ve held art openings for local elementary and high school kids…all of these not to make money, but to celebrate the people and power of our community. We’ve opened our doors to allow art shows that raise awareness about marine environments, eating disorders, addiction, gun violence and female empowerment. In addition to this, we’ve created a space that is being talked about in the larger art community. Many of our openings and art endeavors have been featured in or on the cover of local newspapers and magazines. This is not just in the Southbay. We have caught the attention of the global art community. Art patrons, artists, magazines, critics and everybody in between are writing about this little area of Hermosa Beach and how cool the surfboard shapers, music studios, automotive guys, plumbers and woodworkers seem to blend together. They are writing about ShockBoxx and wondering how a little street in Hermosa Beach can attract a Hollywood filmmaker to have his debut solo show and bring in television and film insiders, influential executives and gallery owners one weekend, and a month later host a local photographer’s show that brings back the same crowd. They return because they like the town, the street, and the people they meet here. ShockBoxx is putting Hermosa Beach on the art map as a place to be taken seriously. Local artists are meeting larger opportunities and being celebrated by a wider audience. Just a few months ago we held a photography show that was the result of an international art call. This juried show hosted photographers from as nearby as Hermosa, Redondo, Manhattan and Palos Verdes, and as far away and Montana, New York and Germany. Two of the photographers flew in with their families. They stayed in local hotels for the weekend and I’m guessing they probably ate at local establishments, shopped at local stores, and will likely go home and tell their friends just how cool Hermosa Beach is, and how they too should come visit. I am asking that you please adopt the new permit that you are considering at this meeting. This permit will still hold businesses accountable to following rules that govern noise and crowd control. In addition, the fact that this new permit is a study that will last for no more than two years, council could always decide to revoke these new permits should you decide that this has been a move in the wrong direction. Respectfully, Mike Collins Nancy Noll Location: 92003, Bonsall Submitted At: 02-22-20 2/22/2020 Dear City Council Members, My name is Nancy Noll and am a trustee for 716 Cypress Ave. in the M-1 District. I attended the walking tour and study session on Nov. 7 and found it very informative. These are my concerns. 1. PARKING - Parking is a definite issue. There is not enough parking available or provided by the present entity/entities that are asking for these zoning modifications to accommodate these events. (Case in Point)-For one of the events that ShockBoxx hosted, I was curious to see how many event attendees, if any, looking for a parking spot would come through 716 Cypress Ave. parking lot. There were 5 cars that entered the lot with the attendees asking if they could park there, even though there are posted private property signs. I'm pretty sure if I had not been there that they would have illegally parked, regardless of the posted signs. Also, the surrounding residential areas already have tight parking issues. 2. LIABILITY - What is the liability for the city and/or entity/entities that want to hold these events, especially if alcohol is served. Liability issues will be increased for the surrounding businesses and residential areas. 3. NOISE FACTOR - Apparently there has already been problems with noise from these events in listening to the gentlemen that spoke at the Nov. 7 Planning Commission meeting. Also, concern was raised on how many events would be allowed at one time and how would the city handle this issue. I can foresee a "CAN OF WORMS" opening up and unintended consequences happening by modifying the M-1 zoning. I am giving notice to the City of Hermosa Beach that I oppose this modification. And am also giving notice that 716 Cypress Ave. is not allowing parking for these events. Thank you very much for your consideration. Nancy Noll From: Kent Allen <kentjallen@gmail.com> Sent: Tuesday, February 25, 2020 12:46 PM To: City Council <citycouncil@hermosabeach.gov>; Hany Fangary <hany@fangarylaw.com>; Elaine Doerfling <edoerfling@hermosabch.org>; City Clerk <cityclerk@hermosabeach.gov> Subject: Fwd: Council meeting of 2/26/20 Item 5 regarding the M-1 zone Dear Councilmembers: On February 12th, 2020 I made a public request for information on any permits pulled for Shockboxx, located at 636 Cypress in the M1 zone. The results of my requests are attached. What I discovered is that aside from the numerous well-documented code violations that Shockboxx has had since its opening that this location has not pulled a permit since 9/14/20 for their special events. By looking at the Shockboxx Facebook page I see that several events have been advertised of which there were no permits pulled (I've attached two such notices). Unless the city made a mistake on my request, it seems that Shockboxx is having events without obtaining the required permits. It is amazing to me that the husband of our mayor flagrantly violates the city codes and is now asking for even more leeway to have more events. Past performance is an indication of future behavior and it seems quite obvious to even to the most casual observer that this is a situation with will spiral out of control soon. While I am all for artists having a place to work, I do not see where granting even more events at this location will help Hermosa or the surrounding neighbors. There is a major parking issue in this area and there has been no talk of any parking studies, or the impact on the neighbors, and now we are going to allow everybody in the M1 zone to have events? I am additionally concerned that the operators are not paying sales tax. Are they? At a recent meeting, Mike Collins chastised Hany Fangary for his lawsuit regarding the Tattoo parlors and asked how much did the city pay to accommodate him? Well, I ask the same question: How much has the city paid to accommodate the mayor's husband? How much city staff time has been spent on one person on this spot zoning. How about the residents that will be affected by the mayor's husband's business? This is not an event location destination. Before letting the mayor's husband get whatever he wants, how about asking him to live within the existing city codes? How about he, like other applicants, don't get special treatment and apply and pay for zoning changes like everybody else? 02/25/20 AGENDA, ITEM 5a - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL EMAIL AND ATTACHMENTS SUBMITTED BY KENT ALLEN TO CITY COUNCIL ON 2/25/20 AT 12:46 P.M. City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 February 25, 2020 RE: Public Records Request No. PRR-20-00022 Allen,Kent-02-12-2020 Dear Mr. Allen, The City of Hermosa Beach is in receipt of your Public Records Act request dated February 11, 2020 and received on February 12, 2020. Please see attached to this email the responsive records per your request. This completes this Public Records Request. Please let the City know if it can assist you with anything else. If you have any questions, please feel free to contact me. Sincerely, Tanesha Hudson Senior Office Assistant City Clerk’s Office Office: 310-750-3545 February 25, 2020 Hermosa Beach City Council RE: Project TA 19-1 California Environmental Quality Act (CEQA) Dear City Council, This letter is to bring to your attention an error in the City’s findings that project TA 19-1 is exempt from the California Environmental Quality Act (CEQA). As you are aware, when there is a discretionary action to be taken by a governmental agency and that action may have a significantly adverse effect on the environment, the agency has to comply with the California Environmental Quality Act (CEQA). The purpose of CEQA is to identify ways environmental impacts can be avoided or reduced and prevent or avoid impacts to the environment through alternatives or mitigation. It is the City’s responsibility to maintain independence and objectivity while conducting an unbiased impact analysis AND must ensure there is sufficient evidence in the record to support such a finding. Based on it’s Report, City Staff did not provide sufficient evidence nor did its analysis to support the finding that the project is CEQA exempt. In it’s Report, City Staff incorrectly found the project was exempt as a “ministerial” project under California Public Resources Code Section 21080(b)(1). Ministerial projects are defined generally as projects whose approval does not require an agency to exercise discretion. Thus, if the agency lacks the authority to refuse to approve the proposed activity, or to condition/modify it to mitigate the potential environmental impacts of concern, the action is ministerial and exempt from CEQA. In contrast, CEQA Guidelines Section 15357 defines a discretionary project as a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely determines whether there has been conformity with applicable statues, ordinances, regulations, or other fixed standards. In this case, the City has full and absolute discretion as to whether it pursues this project and in fact can choose to not pursue the project all together. The project allows for a significant expansion of activity currently not permitted in the municipal code for M-1 type businesses including assembly type use, retail sales, and conducting business activities outside. Since the City is proposing the project, it has complete discretion over the project. To be “ministerial” the government agency would need to lack the power (that is, the discretion) to stop or modify it in any relevant way. This is clearly not the case. Additionally, the City incorrectly found the project to be exempt under Section 15061, which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff asserts that “no possibility exists that the proposed zone text amendments will have a significant effect on the environment because the zone text amendments will create a standard for limited event permits.” This statement is incorrect, if not disingenuous, because the City already has an existing standard for events within the City allowing for up to twelve (12) events per year. This project, on the other hand, is an expansion as it will allow all businesses in the M-1 zone to have an additional 72 events over a two-year period, allowing activities currently prohibited in the M-1 zoning code. Given the current number of active businesses in the zone, this project creates the potential for an additional 1,800 events per year or 3,600 over a two-year permit period within this small residential adjacent zone. It is a significant expansion of currently prohibited activities, not a standard setting exercise. Undoubtedly, this expansion of activity that is currently prohibited clearly has the strong possibility to create significant impacts on the environment including traffic, transportation, noise, public safety, and growth inducing impacts. Given the City’s historical lack of oversight in enforcing zoning, building codes, and business licensing in this area, the zone in its current state does not provide for appropriate parking, accessibility standards, an proper methods of travel for large numbers of people. This zone was designed as a Light Manufacturing area in which infrastructure for such large-scale assembly type use was not contemplated or implemented in its design. Further due to the lack of code enforcement related to illegal building conditions public safety should also be considered as it relates to chemicals, accessibility, and safe paths of travel for pedestrians. None of this has been assessed or mitigated. This its rush to legitimize the business operation of our Mayor’s business on Cypress, the City is proposing a project that has the very strong possibility for causing a significant effect on the environment without considering CEQA. It is yet another example of the selective enforcement of laws and the lack of transparency on how decisions are being made by officials with the City of Hermosa Beach. This project should be studied carefully with the development of appropriate formal studies, mitigation measures, and plans that CEQA requires and our community deserves. This will happen as part of PLAN HERMOSA and should be carefully studied at that time. Perhaps this business should simply follow the tried and tested process that already exists to permit this use – a zoning application? Hopefully the same elected officials and community members who have been so wonderfully dedicated our environment continue to do so even when it is inconvenient for their personal and financial interests. Let’s Keep Hermosa Hermosa, Jed W. Sanford Hermosa Beach Business Owner 02/25/20 AGENDA, ITEM 5a - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL LETTER SUBMITTED BY JED SANFORD TO THE CITY COUNCIL ON 2/25/20 AT 2:36 P.M. February 25, 2020 Hermosa Beach City Council RE: Project TA 19-1 Conflict of Interest – Councilmember Justin Massey Dear City Council, At the 7.23.2019 City Council meeting, Councilmember Massey made a motion “directing the Planning Commission to study amending the M-1 Zone and appropriate permitting process to allow Cypress District businesses to host openings or event with limited retails sales.” As you are aware, the M-1 Zone is located within 500 feet of Councilmember Massey residence. The Political Reform Act prohibits officials from participating in governmental decisions in which they have a disqualifying interest. If a public official knows or has reason to know that a governmental decision will have a reasonably foreseeable, material effect on his or her financial interests, the official must recuse himself or herself from participation in that decision. The recent amendments to Regulation 18702.2 set out the materiality standards for a decision’s reasonably foreseeable effect on an official’s real property interest. Of particular interest is Regulation 18702.2(a)(7). This rule is commonly referred to as the “500 foot rule”. The rule provides that a decision’s reasonably foreseeable effect on an official’s real property interest is material if it “involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official’s property.” There is a presumption that a decision involving property within 500 feet of an official’s property will have a material impact on the official’s interest. In fact, under this standard determining whether a foreseeable effect on real property is material is simple if the property is within 500 feet of the property subject to the decision. In these instances, an official cannot take part in the decision unless the official receives written advice finding otherwise. Accordingly, as part of the 1.21.20 Planning Commission’s hearing on this item, Commissioner Hoffman recused himself due to having a real property interest within 500 feet of the Cypress District. In another hearing involving property within 500 feet of his property in 2018, Councilmember Massey recused himself as well. While it is unclear the effect of Councilmembers Massey’s motion on 7.23.2019 has on this process, it is clear that he should have not have done so and that he recuse himself from voting on the matter at the 2.25.2020 City Council hearing. Councilmember Massey should be prohibited from making, participating in making or using his position to influence any decision regarding this project within 500 feet of his home because it is reasonably foreseeable those decisions would have a measureable impact on Councilmembers real property interest in his residence. There is no question that the significant expansion of allowable activities by all businesses in the zone will change the character of the parcel of real property by substantially altering traffic levels, intensity of use, including parking of property surrounding the official real property, privacy, noise levels, and other factors that would affect the market value of the real property in which he has a financial interest. Respectfully, Jed W. Sanford Hermosa Beach Business Owner 02/25/20 AGENDA, ITEM 5a - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL LETTER SUBMITTED BY JED SANFORD TO THE CITY COUNCIL ON 2/25/20 AT 2:36 P.M. February 25, 2020 Hermosa Beach City Council RE: Project TA 19-1 To Councilmember Detoy & Councilmember Fangary: I reach out to both of you in hopes that you will bring some much-needed transparency and integrity to our City government in Hermosa Beach. With a Mayor, a City Councilmember and a City Attorney who appear to only work for themselves and a small group of political allies, our City leadership has deteriorated to an embarrassing level of political favoritism, selective enforcement and behind-the-scenes dealings. Too often there is a disturbing pattern of City Council and Commissioner actions selectively enforcing laws and circumventing transparent government through back channel, non-public communications. Our businesses and community deserve better, and confidence in fair and open process needs to be re-instilled in our community. If a picture is worth a thousand words, perhaps none is more telling about the self dealings in Hermosa Beach than the painting advertising the Mayor and her husband’s business that hold the privilege of hanging in our City Council’s chambers. Tonight you will consider yet another round of a convoluted and privileged processes designed to legitimize this same illegal business by approving an unprecedented zone wide-amendment allowing for 3,600 events over a two year period within the Cypress District. Behind the carefully curated façade of a “groundswell support” you’ll find Shockboxx and its political allies. What you won’t find are lines of the true commercial business owners that have quietly and successfully worked for decades in the M-1 zone now in desperate need of emergency “event permits”. The Mayor and her husband’s business has been allowed to build without permits, and open without required parking, inspections, in a zone that does not allow the use, operate without a business licenses for nearly two years, give away alcohol, and hold events without permits. Where else in the City could these things occur in the City and the business be allowed to remain open? More directly – do anyone believe this same thing could occur on Pier Plaza? And I ask you, what business after all that would be awarded the “Emerging Leaders Award” at a City Council meeting, promoted on the City’s social media platform, and have its products hung on the walls of our City Council Chambers? This sends a very clear message to our community that rules are enforced selectively based on who is in favor. Somehow, the City Attorney fails to see the difference between businesses that go through all of the required processes before operating and a business caught operating illegally years after being open. The reality is that by allowing Shockboxx Gallery to operate illegally as the only for-profit retail art gallery in zone, the City has given the owners a monopoly by preventing law abiding business owners from the option to legally open a competing business and participating in the economy. The City’s indifference to these illegal activities kept rents depressed and gave Shockboxx and similar businesses an economic advantage to not pay the cost prohibitive fees and permits required of everyone else. And while events at Shockboxx spilled out into the street on a weekly basis, our neighboring business was incessantly policed in attempt to cite our business for members jogging outside, there-by violating a provision of the M-1 code that “all uses shall be conducted wholly within a building enclosed on all sides…”. This exact provision that was improperly weaponized to gin up a public nuisance was intentionally ignored for Shockboxx. As an entrepreneur, I have respect for those who venture a new business and support the passion Shockboxx has put into creating something they feel deeply about. But there are many other business owners that put the same love, effort, and financial resources into businesses that are not politically tied or favored and have to operate by a totally different – and wildly more expensive - set of standards. In closing, if you want to give Shockboxx Gallery the right to operate an art gallery, sell retail, allow event space, classes, that is your prerogative. The business should however go through the zoning application process that we all are required to do and is appropriate for this situation. I will show up and support that, but not this. I am a supporter of less regulation, more open markets, and that opportunities should be make available to all. There is no question that most experienced operators find operating in Hermosa a burdensome process that often makes the risk not worth the venture. What I believe none of us should continue to do is quietly allowing our City to abuse the power entrusted to them. Sincerely, Jed Sanford Hermosa Business Owner 02/25/20 AGENDA, ITEM 5a - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL LETTER SUBMITTED BY JED SANFORD TO THE CITY COUNCIL ON 2/25/20 AT 2:36 P.M. 1 CITY OF HERMOSA BEACH MEMORANDUM Date: February 25, 2020 To: Honorable Mayor and Members of the City Council From: Ken Robertson, Community Development Director Subject: Supplemental to Item 5(a) – CEQA finding for Categorical Exemption In response to the supplemental letter received this afternoon from Jed Sanford regarding the California Environmental Quality finding for a Categorical Exemption, the following are additional reasons to support the finding that there is no possibility the amendments will have a significant effect on the environment: • The Limited Events are allowed only for established on-site uses; • The events are limited to a minor accessory and ancillary activity that does not change the primary use; • The number of existing businesses that will be eligible are limited to those with production or manufacturing uses, (i.e. warehousing or distribution uses will not be eligible). The potential number events will therefore not be significant; • The program is limited to two years; • The standards for the limited event include several limitations to prevent impacts, include noise limitations, limiting the events to indoors, limiting the frequency of the events, and limiting the allowed hours for the events; • The other changes to definitions and permitted use are clarifications to the existing code, and do not change current rules or practices. Further, no evidence has been presented that significant physical impacts to the environment will result from this code amendment and the suggestion that it may result in 3,600 more events over two years is speculative and highly inflated given the eligibility limitations described above. From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, March 9, 2020 3:47 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Jessie Accamando submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 5b) REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) eComment: Dear Mayor and City Council, I'm writing in support of the M-1 light manufacturing zone amendment to benefit the Cypress district businesses. I've read some of the other comments and concerns regarding this matter. I have also attended events in the Cypress district. I remember the first time I attended something at Resin, I was shocked that I had never been to that area of town, nor did I know there were businesses there. As an artist and local business owner, I understand the challenges with exposure, publicity, and space. I believe making this adjustment would serve the greater good of Hermosa Beach and residents like me. I read concerns about parking. Last time I attended an event in the Cypress district, it was for the Hermosa Friends Foundation and I walked to the event. I saw others walk there too. And even more used ridesharing. Businesses can encourage attendees to ride share or walk - it's not a crazy request. I've been to local Hermosa house parties that had more parking difficulties - way more. I also read a concern about Mike Collins being favored. But it's my understanding that all of the Cypress district businesses support this effort, as it benefits them all. The scope of the amendment is a minor adjustment that could dramatically bring positive attention, event space availability, and art exhibitions to Hermosa Beach. I think Mike just happens to be targeted for his availability and willingness to advocate for the area as a whole, not just for Shockboxx. It's a shame that there's backlash to the people who are willing to go through the extra effort that it takes to get something like this done in our little city. I feel like this is a no-brainer, as the only folks against this adjustment are people with a personal vendetta against some Council members or regular angry aggressors. It's clear in reading the community support and in my conversations with other locals that the community thinks that this action would help boost the businesses in that area without any negative consequences on the neighborhood. I can't wait to attend some upcoming events and look forward to this measure passing. Thank you for your time. Jessica Accamando From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, March 9, 2020 5:42 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Maria Cracknell submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 5b) REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) eComment: Once again I’d like to sing the praise of Mike Collins and Shockboxx. This gallery has done so much for our local artists and Hermosa residents. Back in the day Hermosa was a haven for artists and musicians and exactly why we bought a home here. My two boys grew up here and both work at RUHS. The Shockboxx Gallery has done so much good for our community and as well as the other venues such as Resin. I am pleased to support and encourage more artists to feel welcomed in Hermosa Bch. I hope you will too. Maria Cracknell From: Kent Allen <kentjallen@gmail.com> Sent: Monday, March 9, 2020 8:46 PM To: City Council <citycouncil@hermosabeach.gov>; Ann Yang <anny@hermosabeach.gov> Subject: Fwd: PRR-20-00022 Allen,Kent-02-12-2020 - Production of additional records (3-09-2020) Thank you very much for your email and for providing the missing information regarding the Shockboxx permits. It is important that public requests for information be correct. While the one you sent me was not, I do appreciate your correction of the record. Please include this email in the upcoming Council meeting. One thing that I noticed on the permit is this below: In reviewing the Facebook page for Shockboxx, I see in this photo that seems to show the complete opposite of the cities standards regarding overflow on the city sidewalks and streets: Having served on the HB Planning Commission for 12 years, having first moved to Hermosa in 1979, renting my first apartment at 23 years old and buying my home in HB 25 years ago, you might say I've seen a few things. I have grave concerns about expanding events in the Cypress M1zone. My advice is to table this entire mess for at least 2 years. As the old saying goes, discretion is the better part of valor. Why do we need to change things for the Mayor's husband? Something stinks. 03/10/20 AGENDA, ITEM 5b - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL EMAIL AND ATTACHMENTS SUBMITTED BY KENT ALLEN TO CITY COUNCIL ON 3/9/20 AT 8:46 P.M. Let's Keep Hermosa Hermosa and take a 2-year breather to see is the owners of this art studio can live with our existing codes. The past has shown that they can't. ---------- Forwarded message --------- From: Tanesha Hudson <thudson@hermosabeach.gov> Date: Mon, Mar 9, 2020 at 1:03 PM Subject: RE: PRR-20-00022 Allen,Kent-02-12-2020 - Production of additional records (3-09-2020) To: Kent Allen <kentjallen@gmail.com> Cc: Records Request <recordsrequest@hermosabeach.gov> Hello Mr. Allen, Please see the attached permits that were mistakenly missed in the first production of records when The City responded to Public Records Request No. PRR-20-00022 which was received on February 12, 2020 . The City does apologize for the mistake and do appreciate you bringing this to our attention. If you have any further questions, please contact the City Clerk’s Office. Thank you very much, Records Request Tanesha Hudson Senior Office Assistant Office of the City Clerk, City of Hermosa Beach, 1315 Valley Dr. Hermosa, CA 90254 Ph:310.750-3545 ext. 545 recordsrequest@hermosabeach.gov From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, March 10, 2020 12:55 AM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Patti Astor submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 5b) REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) eComment: We have a chance to develop this area with respect and cooperation from the long term businesses there and keep the future true to the spirit of Hermosa Beach. Been involved in many events down here with Shockboxx and patronized the local businesses. Page 1 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 City Manager/City Clerk: Please post this Supplemental under both the “Approval of Agenda” item, and Public Hearing Item 5-b of the 7-PM Regular City Council Meeting of March 10, 2020. Please also announce receipt as added today when announcing the Agenda items at the meeting, and include reference of supplemental written testimony from Howard Longacre in the Minutes of the Meeting. Thank You. March 10, 2020 To: Hermosa Beach City Council From: Howard Longacre, Resident Re: The agenda face recommendation to continue Public Hearing 5-b to a future meeting, and other comments re: the Public Hearing 5-b zoning matter effecting the ‘M-1 Cypress District’ zone. City Council and others: PUBLIC HEARING ITEM 5-B CLEARLY SHOULD BE CONTINUED TO A FUTURE MEETING AS STATED ON THE AGENDA FACE, AND WITH NOTHING ELSE TO BE ACCOMPLISHED WITH RESPECT TO THE ITEM! DOING ANYTHING ELSE, NO MATTER WHAT, WILL BE A MISTAKE AND UNCONSIONABLY IMPROPER AT THIS TIME. The testimony and comments made herein by me are given freely, and they are entirely my views and opinions on all that I've stated and are made for the benefit of all concerned. Direct Link to the Public Hearing Item 5b w/attachments: https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=4385881&GUID=C9381188-285E-4B2C-A937-56E6C9759AFE The Agenda face wording specifies the following for Public Hearing Item 5-b. CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) Recommended Action: Staff recommends that the City Council continue the public hearing to a future meeting. This is a zoning matter Public Hearing! It needs to be accomplished correctly to avoid costly litigation and/or time-consuming redoing of a defective public hearing, basis improper or misleading noticing, agenda wording, staff report wording, or other. Both the Agenda face and the staff report state that city staff “recommends that the City Council continue the public hearing to a future meeting”. It does not say to open the public hearing, or to deliberate, or to ask questions, or to take testimony, and then continue the public hearing. Thus doing anything other than simply continuing the Public Hearing basis the way it was agendized will in fact mean that the public have been snookered, notwithstanding that it is a recommendation. Page 2 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 There is not a disclosure on the agenda face indicating to the Public that they should not assume the “recommendation” will be accomplished, and that’s all. Such disclosure is in fact on all Planning Commission agendas, however again, not on City Council agendas. Thus it is important that the Council states with a motion and vote at the outset, i.e. at approval of the agenda, that Public Hearing Item 5-b will not be heard, that no oral testimony will be taken at the meeting and that the item will be FULLY RENOTICED, including with a mailing to the 500 foot radius, and continued to a future meeting given that will be the third meeting prior to commencement of the Public Hearing. It must be fully re-noticed to do it right. This item was already continued to this second council meeting, due evidently to the recalcitrance of ceremonial Mayor Pro Tem Justin Massey in recusing himself, given his private residence is within the 500-foot radius and given his personal asset, his residence’s value, could be significantly affected, due to the zoning changes proposed for the location that’s very near his personal residence. And with regard to Massey’s evident desire to not recuse himself, after I believe he recused himself previously from an issue regarding a business about as far away from his residence in the very same Cypress district, leads one to wonder what this is really all about. I.e. this unfortunately has a very sick implication of a quid-pro-quo going on vis-à-vis a recent vote by Mayor Mary Campbell Collins (herself recused being the wife of the significant proponent for the zoning amendment) to improperly gift Massey the ‘Mayor Pro Tem’ title. Further a copy of the letter the City’s counsel submitted to the FPPC (attached below these comments) and as mentioned in the prior meeting by City Attorney Michael Jenkins to be accomplished re: this zoning amendment, appears to be more of a letter defending Massey’s need not to recuse than a neutral request for the FPPC to make an honorable unbiased judgement. It appears that the City Attorney, the client of the City Council is not honorably representing the City as such. The letter appears to be a sales pitch to the FPPC to legitimize Massey’s tainted desire to not recuse himself. It’s of course a given that the lucrative City Attorney services contract depends on the City Attorney to perhaps ensure that he always keeps at least three on the City Council happy. However in my view if the City Attorney is attempting to persuade the FPPC to see things in a foggy manner, than the City Attorney’s office is not only selling their lack of ethics, but damaging the entire city of Hermosa Beach. It’s a sad state of affairs quite often as such. Massey should simply recuse. How simple is that? Whether such advice, as sought of the FPPC, has been rendered by the time of this meeting, or not, the point is that the item has already lead residents and businesses of the city, and the immediate residential area, to believe that Public Hearing Item 5-b would be continued. Assistant City Attorney Langer’s letter to the FPPC seems to be attempting to additionally make nothing of the matter. Stating, i.e. that Massey resides 500 feet from only a small portion of the zone; And additionally stating essentially nonsense hocus-pocus about this and that. Hopefully the FPPC sees through such nonsense and de facto snow job. The bottom line is that Massey resides within the 500-foot radius. Current law as I understand says that he needs to recuse if he resides within 500 feet! What is it that Massey and the City’s expensive contract attorney services do not understand? Is Hermosa Beach now to become as corrupt as possible to support Massey’s left wing dictatorial agenda, and patronization of the one on Council who jumped Massey one full year ahead and improperly into the Page 3 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 Mayor Pro Tem position, i.e. Mary Campbell Collins, the wife of the main proponent for this zoning amendment, the de facto intensification commencement of the M1 zone? This just appears to be good- ole-boy government politics gone berserk. It isn’t rocket science. Why doesn’t Massey display some honor, and ethics, and recuse himself? There will still be a quorum of the City Council that’s quite capable of deciding the matter that already has received unprecedented fast-tracking, given so much other far more important stuff that’s not being accomplished in city. Again, as I recall, Massey recused himself from participating in a business zoning matter that he was virtually the same distance from, inside the M1 - Cypress District. Massey continues to meet the enemy, and it’s his arrogant self. Additionally, recent cable TV meeting replays of the prior Planning Commission meeting on this very M1- Cypress District zoning matter, as well as the prior Council Meeting with this matter, have evidently been purposefully left in their present condition of being virtually un-viewable, to further hide the City Council’s personal agenda on this, and many matters, from the residents and businesses. The City Council during a public meeting would best convincingly demand that the evidently absent-at- large City Manager, Suja Lowenthal, restore the cable TV replays and live transmissions of civic meetings to what the residents and businesses have come to expect over the last four decades. It is unconscionable that this City Council and its apparently seldom-in-City-Hall-during-staff-hours City Manager, Suja Lowenthal, have not effectively addressed the issue of the cable TV transmission failure that they are all fully aware of. Meanwhile it’s my understanding that some twenty-two Hermosa Beach staff members have departed the City Staff during Suja Lowenthal’s absent-at-large reign over just this last year. I digress, but it would be nice if Suja could fill the very important position of Deputy City Clerk, unfilled for a year now, and for that matter that of the City Clerk. The City seems to be going to Hell in a handbasket under Suja Lowenthal as City Manager and under this present self-absorbed “Council Troika” of members Justin Massey, Stacey Armato and their quite- evident pawn (so far), the Mayor, i.e., Mary Campbell Collins. It used to be that Councilmembers stood on their own, individually. These three seem to need to be bonded together as a troika. That is not a healthy situation for the City of Hermosa Beach. With respect to this particular zoning amendment itself, the idea that this would only be for two years is hogwash. This is a small step as so often utilized in this city, whereby this district will be morphed into a little coffee café district, then a little dinner area, then with later and later hours, and then of course the beer and wine period, and eventually the full hard liquor era, and on and on. Who is fooling whom? The men, women, and children who live around the district should understand that there’s a 35- foot height limit still present in the M1 district, the highest in the City. It should be 25 feet. Monster buildings can be built there today by right given it has commercial building standards. One such monster building was built, not that long ago, at 6th and Cypress with a tragic accident resulting in a worker’s unspeakable death. There’s no parking presently of substance in the area except in that building perhaps. There are not proper ADA sidewalks. Sixth Street leading to the district from the Beach has the same issues that 8th Street had for decades, with non-existent or blocked sidewalks. The area is destined to morph into another bar district in the City, and notwithstanding what the proponent promises. Page 4 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 If anything were to be first accomplished to the Cypress district, it should be to rezone the area to residential to match the surrounding area and allow it to morph to residential over time. But first and foremost the height limit should be set to 25 feet. The present 35-foot height limit is absolutely absurd. However at this meeting 3/10/2020, the item should be continued because that is what the agenda stated to the Public, and hopefully that wasn’t a trick recommendation by someone(s) to make the public believe there was no need to participate. Unfortunately this appears to be an insider accomplished zoning job for one or two by a few of their friends on the City Council. I.e., filthy, rotten, government as such, in plain sight. Attachment City Attorney Letter to the FPPC follows on the following 3 pages: Copy of Hermosa Beach Assistant City Attorney Lauren Langer’s letter to the FPPC, a request for “formal advice” re: necessity for recusal of Councilmember Justin Massey from participation in the “M1 - Cypress District” zoning matter. Page 5 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 Page 6 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 Page 7 of 7 Supplemental Testimony from H. Longacre (Resident) to the “APPROVAL OF THE AGENDA” Item and to the “Public Hearing Item 5-b” Hermosa Beach City Council Regular 7-PM Meeting March 10, 2020 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, March 10, 2020 9:42 AM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Steve Collins submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 5b) REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) eComment: The Cypress district is so cool! Since Leadership Hermosa introduced many of us to it with their open house project a few years ago, myself included, visiting there has become a regular activity for us. We are regulars at ShockBoxx and rarely miss an art show opening, we being my wife and I and sometimes our kids and their friends. We always Uber there, walk to downtown on the beautifully renovated 8th Street sidewalks for dinner after and either walk or Uber home. It's more fun than a night out at the movies. Please help foster this amazing, renewed edition to the Hermosa Beach experience. It's good, wholesome, family fun. (ShockBoxx is so cool I can't believe they let me in there.). Thanks, Steve Collins 03/10/20 AGENDA, ITEM 5b - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL LETTER FROM AILEEN MARTIN DELIVERED TO THE CITY MANAGER'S OFFICE ON 3/10/20 AT 1:00 P.M. 03/10/20 AGENDA, ITEM 5b - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSESSUPPLEMENTAL EMAIL AND ATTACHMENTS FROM CITY ATTORNEY'S OFFICE TO FPPC 11th St 5th St 8thPl AviationBlvd PacificCoastHwyArdmoreAve9th St 6th St PierAve Ocean View Ave9th St 7th St Gravley CtHermosaAve11th St 10th St Alley 10th St 8thStLomaDr Beach Dr14th St Valley DrAubreyParkC t15th Ct Ocean Dr11th Pl Cypress AveArdmore Ave14th Ct 6th St 11th St 13th St The StrandBard St6th CtPalm Dr7th St 13th Ct 7th Ct 4th St Pine St11th Pl 8th Ct Manhattan AvePier Plaza 9th Ct Bayview Dr12th Ct 10th Ct BardStMonterey Blvd11th Ct Bonnie Brae St7th StSunset DrLoma Dr10th St 11th St 7th StCypress Ave4th St Council Member Massey's Residence 500' Radius 1000' Radius Cypress District (M-1 Zone)¯ 0 250 500125Feet Council Member Massey's Residence and Cypress District City of Hermosa Beach March 10, 2020 Hermosa Beach City Council RE: Project TA 19-1 Conflict of Interest – Councilmember Justin Massey Dear City Council, As part of the 2/25/2020 City Council hearing, I submitted a letter reminding City Council and the City Attorney that Councilmember Massey had a conflict of interest related to Project TA 19-1 based on the Fair Political Practices Act (FPPA). I did so out of concern that without such notice the City Attorney may disregard the Fair Political Practices Commission (FPPC) requirements and permit Councilmember Massey to vote on the matter regardless of the conflict. I know now with hindsight, that concern was well founded since Councilmember Massey did not recuse himself and they City Attorney continued the hearing so he could attempt to obtain a determination letter that the is required for his participation. Although Councilmember Massey recused himself from previous projects in the M-1 zone due to his residence’s proximity as recently as late 2018, he has for some time been actively influencing this item through his official position including making the motions to initiate this project proposing an expansion of allowable business activities at the 07/09/19 City Council meeting. As background, at the 7/09/19 meeting, Mayor Armato opened a clearly planned 17-minute discussion, including oral staff reports by the City Manager and Director of Planning, City Council deliberation, two motions by Councilmember Massey and two votes by the City Council. No agenda item was posted, no public notice was given, no public participation was taken, and no written staff reports were provided, yet action was taken. As you know, two key provisions of the Brown Act that ensure that the public's business is conducted openly are the requirements that legislative bodies post agendas prior to their meetings (Sections 54954.2, 54955 and 54956) and that no action or discussion may occur on items or subjects not listed on the posted agenda (Section 54954.2(a)(2)). These provisions were not followed. Below are the motions and votes from that meeting. Councilmember Massey moved, and second by Councilmember Duclos, to bring back at the earliest possible meeting, an agenda item for the Council to decide whether to initiate a code amendment that would apply to the Cypress District.AYES: Councilmembers: Duclos, Fangary, Massey, Mayor Armato ABSTAIN: Mayor Pro Tem Campbell (due to recusal) (Mayor Pro Tem Campbell was advised to recluse herself from discussion and action due to the proximity of her residence to the area in question.) Councilmember Massey moved, and second by Councilmember Duclos to direct staff to agendize at the earliest possible opportunity, preferably before September, interim measures with respect to the Cypress District, keeping in mind what’s in Plan Hermosa in terms of the City’s intent and issues that are raised in written communication and other discussion AYES: Councilmembers: Duclos, Fangary, Massey, Mayor Armato ABSTAIN: Mayor Pro Tem Campbell (due to recusal) Perhaps more concerning than the blatant disregard for the Brown Act is the fact that the un-agendized discussion and actions taken were at the request and to the benefit of a current Councilmember’s financial interest in a leasehold and business located in the M-1 zone. As news became public that Councilmember Campbell and her husband’s business had been allowed to open and operate illegally for years without a business license as retail “art gallery” in a zone that did not allow its use, the City could no longer afford to look the other way. This spot zoning process was thus set in motion to legitimize the illegal activity. To make the matter more disturbing, Councilmember Campbell did not disclose her financial interest in the property as part of her recusal and sat in the Council Chambers during the entire 7/09/2020 discussion which violates of both the FPPA and the City’s own municipal code (HBMC 2.04.070 Disqualification for Conflict of Interest). While there are many aspects of the Fair Political Practices Act (FPPA), perhaps the most common and easily understood conflict of interest is an official’s financial interest in real property located within 500 feet of a proposed 03/10/20 AGENDA, ITEM 5b - CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES SUPPLEMENTAL LETTER SUBMITTED BY JED SANFORD TO THE CITY MANAGER'S OFFICE ON 3/10/20 AT 2:27 P.M. project. In this case, Councilmember Massey has a financial interest in real property within 500 feet of the proposed project. The FPPA is very clear in this situation that a material financial effect is presumed unless there is clear and convincing evidence that the decision will not have ANY measurable impact on the official’s property. In these instances, an official cannot take part in the decision unless the official receives written advice finding otherwise. As an example of compliance with the FPPA, during the planning commission’s hearings on this project, Planning Commissioner Chairman Hoffman properly recused himself from participating for this exact reason - a financial interest in real property located near the proposed project. At the 2/25/20 hearing, Councilmember Massey’s plan to participate in the hearing became an issue for both City Attorney Jenkins and Councilmember Massey. Knowing that the only possible legal way Councilmember Massey could participate would be to get an FPPC determination letter, which was not done, the City Attorney requested time to “consult with the FPPC.” It is generous to suggest the City Attorney was unaware of this requirement prior to the meeting. There is certainly no clear and convincing evidence to overturn the material financial effect presumption related to Councilmember Massey’s property, let alone the appearance of a conflict. Councilmember Massey once again on 2/25/20 used his official position to influence this governmental decision by making a motion continue the item to another date rather than appropriately recusing from voting on the item. As this story continues to unfold, we now have obtained copy of what can only be described as an “advocacy letter” prepared by the City Attorney’s office and sent to the FPPC requesting a determination as to whether Councilmember Massey has a conflict of interest and can vote on the project. Rather than stating facts, the letter clearly advocates for Councilmember Massey participation by providing incomplete, inaccurate and biased information. In summary, this project’s proximity to Councilmember Massey’s property carries a “presumption of a material financial impact” and is conflict of interest per the Fair Political Practices Act. The continued improper influence on the process by Councilmember Massey only further supports concerns about a conflict. One might also question the propriety of Councilmember Massey voting on an item that will have a substantial financial impact on Mayor Mary Campbell – whose husband owns the business that will directly benefit from the vote – and who just broke a 35-year rotation protocol in appointing him as Mayor Pro Tem. As a business owner and past president of the Hermosa Beach Chamber of Commerce I am supportive of open markets and less regulation. I also support art galleries. This however, this is not about art galleries, whether they are good for a particular zone, or whether they are cool. This letter is about bringing back the equal application of laws, integrity, and transparency to our City government. I will continue to advocate as strongly as anyone for reduction of the ridiculous rules and codes that this Council has burdened our businesses with over the last several years. But it is not fair to anyone or beneficial to our City for the rules to apply to everyone except those in positions of power. Respectfully, Jed W. Sanford Hermosa Beach Business Owner From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, March 10, 2020 3:53 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Ellen Wroe submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 5b) REPORT 20-0135 CONSIDERATION OF TEXT AMENDMENT TO THE M-1 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) eComment: Once again I'd like to express my support for this measure and the artistic flourishing that's occurring on Cypress Avenue. They are such a positive force for your community and make us non-Hermosa residents jealous and want to move to your neck of the woods. Which we may just do. Parking is never a concern because we can simply walk over... or Uber if we're feeling lazy. The events are always kid friendly and educational, a priority for my young family. Again, I can't think of one half-way decent reason that this measure shouldn't be passed. Regards, Ellen + Mike from Manhattan Beach City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0119 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 PURCHASE OF POLICE DEPARTMENT VEHICLES (Interim Police Chief Michael McCrary) Recommended Action: Staff recommends that the City Council authorize the purchase of the following vehicles to replace vehicles approved for replacement through the Fiscal Year 2019-20 budget process: 1.One 2020 Ford Utility Hybrid to replace a Ford Crown Victoria; 2.One 2020 Ford Utility to replace a Ford Crown Victoria; 3.One 2020 Jeep Wrangler to replace a Ford Escape; 4.One 2020 Ford F-150 to replace a Ford F-150 Pick-up truck; 5.One Tesla Model 3 to replace a Dodge Charger; and 6.One 2020 Toyota Rav4 Hybrid to replace Community Services’ Go-4 vehicle. Executive Summary: The City of Hermosa Beach is committed to providing first-class public safety services to the community.Fulfilling this commitment relies heavily on the availability of adequate emergency response vehicles within the Police Department.The Department’s fleet currently has six vehicles approved for replacement in Fiscal Year 2019-20;two Ford Crown Victoria’s,assigned to Patrol and K9 program;one Ford Escape,currently assigned to Volunteers;one Ford F-150 and one Dodge Charger assigned to detectives; and one Go-4 vehicle in Community Services. Staff diligently evaluated the City’s clean fleet policy and the Department’s operational needs to select the most cost and fuel-efficient vehicles currently available for law enforcement operations. The selected replacements prioritize reliability,safety,and effectiveness of vehicles for emergency response and community service operations. Background: Police Department vehicles are part of the inventory in the City’s Equipment Replacement Schedule, with an average replacement cycle of five to six years.As part of the 2019-20 budget process,four police vehicles were approved by the City Council for replacement.Two vehicles approved for replacement in 2018-19 were also reappropriated to the 2019-20 Budget,however,staff recommends replacing the Go-4 with a Rav4 Hybrid instead of the Nissan Leaf approved in the 2018-19 Budget for City of Hermosa Beach Printed on 3/6/2020Page 1 of 5 powered by Legistar™ Staff Report REPORT 20-0119 replacing the Go-4 with a Rav4 Hybrid instead of the Nissan Leaf approved in the 2018-19 Budget for reasons discussed below.All six vehicles have surpassed their service life and are in need of rotation. Year Model Division Years in Service 2011 Ford Crown Vic Patrol 9 2011 Ford Crown Vic K9 9 2009 Ford Escape VIP 11 2010 F-150 Pick-up Truck Detectives 9 2013 Dodge Charger Detectives 5* 2011 Go-4 Community Services 9 *The Dodge Charger had a shortened length of service as it was totaled in late 2018, as a result of a non -fault traffic collision. Discussion: The Ford Crown Victoria is budgeted to be replaced with a Ford Utility Hybrid.The 2020 Ford Utility Hybrid has a purchase price of $43,783.57.The costs to outfit this vehicle with emergency and transportation equipment through the South Bay Regional Public Communications authority, commonly referred to as RCC, is $14,183.33. The current K9 vehicle,a Ford Crown Victoria,is budgeted to be replaced with a 2020 Ford Utility with Ecoboost V6 engine.The K9 vehicle was due for replacement in FY 2018-19.However,due to the transition of the K9 program to a new dog and handler,staff reappropriated funds to replace this vehicle in Fiscal Year 2019-20.This vehicle has a purchase price of $45,070.19.The cost to outfit this vehicle with emergency and transportation equipment through RCC is approximately $17,995.49. The Ford Escape is budgeted to be replaced with a Jeep Wrangler.The 2020 Jeep Wrangler has a purchase price of $48,937.73.The cost to outfit this vehicle with emergency and transportation equipment through RCC is approximately $2,522.28. The F-150 pick-up truck is budgeted to be replaced with a newer 2020 F-150 truck.The 2020 Ford F- 150 has a purchase price of $37,155.53.The cost to outfit this vehicle with emergency and transportation equipment through RCC is approximately $2,522.28. The Dodge Charger is budgeted to be replaced with a Tesla Model 3.The Charger was totaled in late 2018,as a result of a non-fault traffic collision.The Tesla would be acquired to first pilot for potential use in Detectives.Due to Tesla’s decreased operational costs and zero emissions,other law City of Hermosa Beach Printed on 3/6/2020Page 2 of 5 powered by Legistar™ Staff Report REPORT 20-0119 use in Detectives.Due to Tesla’s decreased operational costs and zero emissions,other law enforcement agencies are also piloting the vehicle for different operations.The cost to purchase this vehicle is approximately $56,525.The cost to outfit this vehicle with emergency and transportation equipment through RCC is approximately $2,470.67.The City would receive a CA EV rebate of $2,000 from the purchase of this vehicle. Lastly,staff recommends replacing Community Services’Go-4 vehicle with a 2020 Toyota Rav4 Hybrid instead of the Nissan Leaf approved in the 2018-19 Budget.The Department had originally requested to replace the Go-4 with a Nissan Leaf or electric vehicle.Upon further review of Community Services fleet,staff determined that it was in need of a slightly larger car as it already has four Nissan Leaf vehicles.Community Service vehicles are utilized daily for a variety of patrol purposes and often used by Police staff during special events.The Rav4 Hybrid is fuel-efficient and has adequate cargo space for Community Services operations.Additionally,it scores a 9 out of 10 in the greenhouse gas rating.Comparably,the Nissan Leaf scored a 10.The 2020 Rav4 Hybrid has a purchase price of $27,766.05.The cost to outfit this vehicle with emergency and transportation equipment through RCC is approximately $2,000. Past Council Actions Meeting Date Description June 11, 2019 FY 19 -20 Budget Approval, including vehicle replacements General Plan Consistency: PLAN Hermosa was adopted by the City Council in August 2017 to provide a set of goals,policies, and implementations actions needed to achieve the City’s long-term vision.Collectively,City staff and the community strive to meet these goals through various initiatives and implementation actions.Part of those initiatives is the implementation of a Clean Fleet policy providing guidelines for purchasing vehicles that are cost-effective and more efficient.The Department’s recommendations provide the most practical replacements for first-class delivery of public safety services while also addressing the following goals: Governance Element ·1.3 Priority-based budgeting.Utilize priority-based budgeting to ensure funding allocations are consistent with the priorities set by the community and City Council. ·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. City of Hermosa Beach Printed on 3/6/2020Page 3 of 5 powered by Legistar™ Staff Report REPORT 20-0119 Mobility ·7.6 Pro-active traffic enforcement.Conduct pro-active traffic enforcement along streets where high collision rates, high speeds, and other unsafe behaviors are reported. Public Safety ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. Fiscal Impact: The purchase of vehicles is funded through the Equipment Replacement fund.The Department budgeted a total of $288,295 in the Police and Community Services Equipment Replacement accounts to purchase vehicle replacements.Due to increased vehicle and emergency equipment costs,the total amount of $303,892.12 needed to purchase these vehicles is higher than the budgeted funds.In order to acquire vehicles and equipment that best meet the Department’s needs, staff requests the transfer of funds from anticipated savings in the vehicle fuel and maintenance accounts.The transfer would include $9,140 from the vehicle fuel account and $6,458 from the auto maintenance account for a total of $15,598 to complete this purchase.With the exception of the Tesla 3,all vehicle purchases would be made from the National Auto Fleet Group through the Sourcewell master vehicle contract #120716.The Tesla model 3 will be purchased as a sole source as it is manufactured and sold by Tesla. FY 2019 -20 Budget Vehicle Replacements Ford Utility Hybrid Ford Utility (K9) Jeep Wrangler Ford F -150 Tesla Model 3 Toyota Rav4 Purchase Price $ 43,783.57 $ 45,070.19 $ 48,937.73 $37,155.53 $56 ,525 * $27,766.05 Outfitting Costs $14,183.33 $17,955.49 $2,522.28 $2,522.28 $2,470.67 $2,000 Paint/Badging $500 $500 $1,500 $ 0 $ 0 $500 Total Cost $58,466.90 $63,525.68 $52,960.01 $39,677.81 $58 ,995.67 $30,266.05 $303 ,892.12 Budget $56 ,000 $56,000 $48,000 $49,000 $48,418 $30,877 $288,295.00 *City would receive a California EV rebate of $2,000 for the purchase of the Tesla vehicle. City of Hermosa Beach Printed on 3/6/2020Page 4 of 5 powered by Legistar™ Staff Report REPORT 20-0119 Purchase Order Request Vendor FY 2019 -20 Budget Dept. Account # Total Purchase Order Amount National Auto Fleet Group 715-2101-5403 715-3302-5403 $174,947.02 $27,766.05 South Bay Regional Public Authority 715-2101-5403 715-3302-5403 $39,654.05 $2,000.00 Tesla 715-2101-5403 $56,525.00 The painting and badging of vehicles would be done through contracted vendors for approximately $3,000. Attachments: 1. National Auto Fleet Group vehicle quotes 2. South Bay Regional Public Communications Authority (SBRPCA) outfitting quotes 3. Tesla Quote Respectfully Submitted by: Michael McCrary, Interim Chief of Police Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 5 of 5 powered by Legistar™ National Auto Fleet Group A division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 855 BUY-NJPA 626-457-5590 855 289 -6572 626-457-5593 August 1, 2019 Sgt. Mick Gaglia Hermosa Beach Police Department 1315 Valley Dr. Hermosa Beach, CA 90254 Delivery Via Email Dear Sgt. Gaglia, In respo n se to your inquiry, we are pleased to submit the following for your consideration: National Auto Fleet Group will sell, service and deliver at Hermosa Beach, new/unused 2020 Ford PI Uti lities responding to your requirement w ith the attached specifications for: 2020 Ford Utility Hybrid Black and white paint Sub Total Sales Tax Tire tax Total 39,027.00 950 39,977.00 3,797.82 8.75 43,783.57 These vehicles are available under the Sourcewell master vehicle contract # 120716 formall y known as the NJP A master vehicle contract# 120716. Pricing includes black and white paint to your scheme. Terms are net 30 days. National Auto Fleet Group welcomes the opportunity to assist you in yo ur vehicle requirements. John Oviyach National Law Enforcement Account Manager National Auto Fleet Group W ondries Fleet Group National Auto Fleet Group A division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 855 BUY-NJPA 626-457-5590 855 289-6572 626 -457-5593 August 1, 2019 Sgt. Mick Gaglia Hermosa Beach Police Department 1315 Valley Dr. Hermosa Beach, CA 90254 Delivery Via Email Dear Sgt. Gaglia, In response to your inquiry, we are pleased to submit the following for your consideration: National Auto Fleet Group will se ll , service and deliver at Hermosa Beach, new/unused 2020 Ford PI Utilities responding to your requirement with the attached specifications for: 2020 Ford Utility Ecco K-9 Black and white paint Sub Total Sales Tax Tire tax Total 40,202.00 950 41,15 2.00 3,909.44 8.75 45,070.19 These vehicles are available under the Sourcewell master vehicle contract # 120716 formally known as the NJPA master vehicle contract# 120716 . Pricing includes black and white paint to yo ur scheme. Terms are net 30 days. National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements. John Oviyach National Law Enforcem ent Account Manager National Auto Fleet Group Wondries Fleet Group National Auto Fleet Group A division of Chevrolet of Watsonvil le 490 Auto Center Drive, Watsonville, CA 95076 855 BUY-NJPA 626 -457-5590 855 289 -6572 626-457 -5593 December 17, 2019 Sgt. Mick Gaglia Hermosa Beach Police Department 1315 Valley Dr. Hermosa Beach, CA 90254 Delivery Via Email Dear Sgt. Gaglia, In response to your inquiry, we are pleased to submit the following for your consideration: N ational Auto Fleet Group will sell , service and deliver at Hermosa Beach, new/unused 2020 Jeep Wrangler Rubican responding to your requirement with the attached specifications for: 2020 Jeep Rubican 9.5% Sales Tax Tire Tax Total 44 ,684.00 4 ,244.98 8.75 48,937 .73 These vehicles are available under the Sourcewell master vehicle contract # 120716 formally known as the NJP A master vehicle contract# 120716 Terms are net 30 days. National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements . John Oviyach National Law Enforcement Account Manager N ational Auto Fleet Group Wondries Fleet Group National Auto Fleet Group A division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 855 BUY-NJPA 626-457-5590 855 289-6572 626-457-5593 August 8, 20 19 Sgt. Mick Gaglia Hermosa Beach Police Department 1315 Valley Dr. Hermosa Beach, CA 90254 Delivery Via Email Dear Sgt. Gaglia, In response to your inquiry, we are pleased to submit the following for your consideration: National Auto Fleet Group will sell, service and deliver at Hermosa Beach, new/unused 2020 Ford F-150 Crew Cab XLT pickup responding to your requirement with the attached specifications for: 2020 F150 Crew Cab XLT 9.5% Sales Tax Tire Tax Total 33,924.00 3,222.78 8.75 37,155 .53 These vehicles are available under the Sourcewell master vehicle contract # 120716 formall y known as the NJP A master vehicle contract# 120716 Terms are net 30 days. National Auto Fleet Group welcomes the opportunity to assist yo u in your vehicle requirements. John Oviyach National Law Enforcement Account Manager National Auto F leet Group Wondries Fleet Group 1/8/2020 1/8/2020 Jim Beedy City of Hermosa Beach Public Works 1315 Valley Dnve 555 6th street Hermosa Beach, California , 90254 Dear Jim Beedy, Sell , service, and deliver letter N ational Auto Fl eet Gr oup A 0 v o" of Chevrolet of Wataonvtlle 4 9 0 A uto Center D r1ve W atsonvi ll e , C A 95076 (8 5 5 ) 2 8 9 -6 5 7 2 • (83 1 ) 480 -8 4 97 FaK F l eet<~ N at•ona iA utoF i eetGraup .com Quote ID: 22213 O rder Cut Off Date: TBA National A uto Fleet Group Is pleased to quote the fo llowing vehicle(s) for your cons1deration. One (1) New/Unu$ed (2020 Toyota RAV4 (4435) Hybrid LE AWD (Natl),) and delivered to your specified location, each for Contract Pr ice Tax (0.0000 %) nre fee Total -per the a ttached specifications. One Uni t $27,757.30 $0.00 $8.75 $27,766.05 Th1s vehiCie(s) is available under the Sourcewell (Fonnerty Known as NJPA) Contract 120716-NAF . Please reference th1s Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle. Th ank you in advance for your consideration . Should you have any q uestions . please do not hesitate to call. Sincerely, Not listed Account Manager Ema1l. Ne1l@nationalautofleetgroup.com Office: (951) 44o-o585 Fa x: (831) 4 8Q-8497 TOYOTA f_-. "'-~ https :/Jwww.natlonalautofleetgrou p.com/OrderRequestiSSDPrint/22213?ssdType=OrderRequest&ws=True &se=True&sMsg=A+N atlonai+Auto+Fieet+ ... 1/8/2020 Sell , service, and deliver letter In order to Finalize Y.OUr Quote,J~Iease submit this P-Urchase P-acket to your governing body for Purchase Order AP-P-roval. Once you issue a Purchase Order please send by~ Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 Email: Fleet@nationalautofleetgrou P-.com We will then send a W-9 if you need one Please contact our main office with any questions: 1-855-289-6572 https:/lwww.nationalautofleetgroup.com/OrderRequestiSSDPrinl/22213?ssdType==OrderRequest&ws=True&se=True&sMsg=A+Nationai+Auto+Fieet+... 2fl CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002130 0000013 HBPD 2020 B/W 4.00 I2J 121.80 487.20Blue/Red ION, Individual Control of each Color, Black Housing 1.00 SSFPOS 55.20 55.20SOLID STATE HEADLIGHT FLASHER 1.00 M2WC 104.40 104.40 Warning,White Wide LED with Clear Lens 1.00 MBFX11JJ 237.00 237.00 Ford Explorer, 2011-2014 and Police Interceptor Utility, 2013-2014, Two Split Red/Blue Lightheads 4.00 VTX609B 81.00 324.00 Blue, 9' Cable 1.00 VAL44S-CAL1 1,600.00 1,600.00VALOR 44" LIGHTBAR LED SO BAY CAL SPECIAL 1.00 SSP3000 SMART 720.33 720.33PLATINUM SMART SIREN 1.00 689000-00 307.56 307.56RUMBLER SIREN SYSTEM 1.00 RB-FPIU20 26.00 26.002020 RUMBLER BKTS INTCEPTOR UTILITY 2.00 ES8-U 12.75 25.50UNIVERSAL SIREN BKT 2.00 ES100C 131.56 263.12SIREN SPEAKER 1.00 MS-4000U 146.51 146.51UNDERCOVER SIREN 100W WITH, AIR HRN, YELP, WAIL 3.00 MPS600U-BR 77.38 232.14MicroPulse Ultra (Blue, Red) Super low profile design 2.00 MPSM6-LB 7.95 15.90MPS 600 SERIES L BRACKET 2.00 MPS600U-WW 77.38 154.76MicroPulse Ultra (Blue, Red) Super low profile design 1.00 USGT 35.51 35.51FEDERAL SHOTGUN TIMER 1.00 390-0042-0 318.00 318.00KUSSMAUL POWER CENTER DISTRIBUTION 1.00 C-VS-1400-INUT 181.91 181.912013 Ford Police Interceptor Utility Vehicle Specific 14" Console 1.00 C-SM-SA-1 68.80 68.80Mounting Bracket Complete W/ Swing Arm Adaptor For Angled Console 1.00 C-UMM-101 45.64 45.64Universal Monitor Mount Assembly 1.00 C-SM-800 86.00 86.008" Enclosed Low Profile Console, With Vehicle Mount, 3.125" Deep 1.00 C-CUP2-I 27.78 27.784 " INTERNAL CUP HOLDER DUAL 1.00 C-AP-0325 30.43 30.43 3 INCH INTERNAL POCKET HAVIS CONSOLE 1.00 C-TTP-INUT-1201 2020 FORD IU RAISED FOLD-UP CARGO PLATE FOR EQUIPMENT UNDERNEATH 1.00 C-TTP-INUT-4 190.52 190.522020 FORD IU PREMIUM FOLD-UPEQUIPMENT TRAY. 1.00 C-EB25-MMT-1P 18.52 18.52Motorola APX-6500 self contained radio 07 HEAD CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002130 0000013 Page 2 HBPD 2020 B/W 1.00 C-EB40-SSP-1P 20.50 20.50Faceplate for smart siren Platnium series 4 inch 1.00 C-FP-.5 7.95 7.951/2 inch faceplate 1.00 C-FP-4 8.59 8.59 FILLER PLATE 4 INCH 1.00 CM006385 57.20 57.20Optional Pair of Heavy Duty Gas Springs used with WBI-F18-RC 1.00 7160-0878 300.00 300.00Gamber-Johnson On-Dash Mount - mounting kit 1.00 C-MD-202 50.27 50.27Tilt Swivel Motion Device 1.00 C-TCB-7 87.31 87.31Universal Telescoping Computer Base, 7" To 14", Side mount 1.00 C-3329-UNV 102.53 102.53Universal Keyboard Mount 2.00 MAGNETIC MIC 25.00 50.00MAGNETIC MIC 1.00 BK2019ITU16 719.00 719.00PB450L4- WHELEN ION PUSH BUMPER 1.00 FKO400ITU16 307.30 307.30PB5 FENDER WRAP INTERCEPTOR UTIL 2016 1.00 PK1130ITU20TM 615.30 615.302020 SETINA INTERCEPTOR UTILITY XL CAGE RECESS PANEL 1.00 TK0841ITU20 1,175.30 1,175.30Cargo Storage System – DSE – BSN 1.00 GK1028 125.30 125.30SETINA TRACK DUAL GUN RACK NO LOCKS 1.00 QK0566ITU20 943.60 943.60Full Replacement Transport Seat TPO Plastic, with Center Pull Seat Belts & #12 Coated Polycarbonate Cargo Partition 2.00 AP-MP70-Q-BL 325.00 650.00low profile housing provides an all-in-one antenna combination including: 2 high gain Cellular/LTE antennas, 3 high gain WiFi antennas (802.11 abgn,ac), and a GPS antenna with the correct connectors. 1.00 REM SHOTGUN 89.95 89.95SHOTGUN LOCK W/STANDARD KEY (MC1) 2.00 AR-15 LOCK 105.50 211.00AR 15 GUN LOCKS W/ STANDARD KEY (MC1AR) 1.00 DEFAULT 4030 387.65 387.65Sbrpca wire harnes 1.00 PDRC CABLES 109.00 109.00CABLES FOR PDRC SCREEN TO DOCK 1.00 MISC PARTS 600.00 600.00WIRE, LOOM, HARDWARE 1.00 600.00 600.00SHIPPING COSTS $12,920.48 $1,262.85 $14,183.33 SUBTOTAL TAX TOTAL CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002085 0000013 HBPD 2020 IU K-9 1.00 VAL44S-CAL2 1,760.00 1,760.00VALOR 44" LIGHTBAR LED SO BAY CAL SPECIAL 2.00 I2J 121.80 243.60Blue/Red ION, Individual Control of each Color, Black Housing 1.00 SSFFP16 77.40 77.40Headlight Flasher with 8 Flash Patterns, Plug and Play for 2016 Ford Interceptor Utility (Requires Ford Option 60A, pre-wire option). 1.00 MXFX20JJ 249.60 249.60Ford Police Interceptor Utility, 2020, Two Split Red/Blue Lightheads with Smoked Lens 2.00 416900-BA 55.20 110.40Corner LED Dual Color Corner LED with in-line flasher, Blue/Amber 1.00 MPSM6-FPIURS2 47.43 47.43Spoiler Bracket mps600u, rear spoiler bracket kit,(3) lights on each side of spoiler 4.00 MPS 620U-RA 75.00 300.006-LED Surface mount lighthead, Red/Amber 4.00 MPS 620U-BA 75.00 300.006-LED Surface mount lighthead, BLUE/Amber 1.00 SSP3000 SMART 828.38 828.38PLATINUM SMART SIREN 1.00 689000-00 307.56 307.56RUMBLER SIREN SYSTEM 1.00 RB-FPIU16 26.50 26.502016 RUMBLER BKTS INTCEPTOR UTILITY 2.00 ES100C 131.56 263.12SIREN SPEAKER 2.00 ESB-U 12.75 25.50UNIVERSAL SIREN BKT FOR ES100C 4.00 MPS 620U-BR 75.00 300.006-LED Surface mount lighthead, BLUE/Red 2.00 MPSM6-LB 7.95 15.90MPS 600 SERIES L BRACKET 2.00 MPS 620U-RW 75.00 150.006-LED Surface mount lighthead, Red/White 1.00 FHL-TAIL 39.75 39.75TAIL LIGHT FLASHER INTERCEPTOR UTILTY 1.00 MS4000U 146.51 146.51mini-siren 1.00 14.0553 18.57 18.57CIG OUTLET X 3 1.00 SECURA CAR 125.00 125.00SECURA CAR FOR K-9 1.00 F3 K-9 1,199.99 1,199.99F3 System – Heat Alert and Deployment F3 K-9 Deployment and Heat Alert System with a pager 1.00 K9-F28 2,044.70 2,044.702020 Ford Police Interceptor Utility K9 Transport System 1.00 C-VS-1012-INUT 320.04 320.042020 Ford Interceptor Utility Specific Angled Consolewith 22 inches of total internal mounting space; 10 inches front angled, 12 inches rear horizontal 1.00 C-EB40-SSP-1P 20.50 20.50Faceplate for smart siren Platnium series 4 inch 1.00 C-EB25-XTL-1P 29.40 29.401-Piece Equipment Mounting Bracket, 2.5" Mounting Space, Fits Motorola XTL 2500, XTL5000-05, APX 7500 1.00 C-FP-15 7.27 7.27I.5 INCH FACEPLATE FILLER PLATE 1.00 CUP2-1001 40.01 40.01Self-Adjusting Double Cup Holder 1.00 C-AP-0325 30.43 30.43 3 INCH INTERNAL POCKET HAVIS CONSOLE 2.00 C-FP-4 8.59 17.18 FILLER PLATE 4 INCH CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002085 0000013 Page 2 HBPD 2020 IU K-9 2.00 C-FP-1.0 7.27 14.54Filler plate 1inch 2.00 C-ARM-102 45.64 91.28Side mount armrest Allows for adjustable height. Mounts to the side of the enclosed console 1.00 C-DMM-3015 316.52 316.52Swing Up Device Mount for Ford 2020 Interceptor Utility Vehicle 1.00 C-MD-119 214.55 214.5511" Slide Out Locking Swing Arm with Low Profile Motion Device Adapter 1.00 C-TCB-7 87.31 87.31Universal Telescoping Computer Base, 7" To 14", Side mount 1.00 C-TTP-INUT-1200 437.09 437.092020 FORD IU PREMIUM FOLD UP CARGO PLATE 1.00 C-TTP-INUT-1201 2020 FORD IU RAISED FOLD-UP CARGO PLATE FOR EQUIPMENT UNDERNEATH 1.00 C-TTP-INUT-4 190.52 190.522020 FORD IU PREMIUM FOLD-UPEQUIPMENT TRAY. 1.00 BK2019ITU20PB 719.00 719.00PB450L4 WITH WHELEN ION 1.00 TK0841ITU20 1,175.30 1,175.30Cargo Storage System – DSE – BSN 1.00 GK1028SSCA 132.30 132.30D T-RAIL MOUNT Small Lock with Barrel Insert/Large Lock 2.00 AP-MP70-Q-BL 325.00 650.00low profile housing provides an all-in-one antenna combination including: 2 high gain Cellular/LTE antennas, 3 high gain WiFi antennas (802.11 abgn,ac), and a GPS antenna with the correct connectors. 1.00 LARSLPT2400/5 19.64 19.642.4-2.485/4.9-5.9 GHz 2dBi Low Profile Transit Antenna, NMO 1.00 931-1271-ND 86.05 86.052.4GHz, 5.3GHz Bluetooth, WLAN, Zigbee™ Dome RF Antenna 2.4GHz ~ 2.5GHz, 4.8GHz ~ 5.8GHz 3.9dBi, 3dBi Connector, RP-SMA Male Panel Mount 1.00 REM SHOTGUN 89.95 89.95SHOTGUN LOCK W/STANDARD KEY (MC1) 2.00 AR-15 LOCK 105.50 211.00AR 15 GUN LOCKS W/ STANDARD KEY (MC1AR) 1.00 MA5-0900600M-1,025.00 1,025.00Cradlepoint NetCloud Essentials for Mobile Routers (Prime) -subscription Enable wireless network packet forwarding and routing, and serves as an access point in a local area network with the Cradlepoint COR IBR900-600M-NPS wireless router. Also features a WWAN, also known as a “3G” or “4G” network that covers a wide area for better performance 2.00 MAGNETIC MIC 25.00 50.00MAGNETIC MIC 2.00 TMAA10-03 54.75 109.5010W EXTERNAL SPEAKER FOR 25W Radio 2.00 MV-ICV-EMIC 45.00 90.00MICROPHONE, BACKSEAT,HD,SYS7 1.00 DEFAULT 4030 387.65 387.65Sbrpca wire harnes 1.00 MISC PARTS 600.00 600.00WIRE, LOOM, HARDWARE CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002085 0000013 Page 3 HBPD 2020 IU K-9 1.00 600.00 600.00SHIPPING COSTS $16,341.94 $1,613.55 $17,955.49 SUBTOTAL TAX TOTAL CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002131 0000013 HBPD JEEP 1.00 SSFPOS 48.00 48.00SOLID STATE HEADLIGHT FLASHER 1.00 MPS 620U-BW 75.00 75.006-LED Surface mount lighthead, BLUE/White 1.00 MPS 620U-RW 75.00 75.006-LED Surface mount lighthead, Red/White 1.00 MPS600U-RR 55.00 55.00MicroPulse Ultra (Red, Red) Super low profile design 1.00 MPS600U-BB 63.36 63.36MicroPulse Ultra (Blue, Blue) Super low profile design 2.00 MPS 620U-BA 75.00 150.006-LED Surface mount lighthead, BLUE/Amber 2.00 MPS 620U-BR 75.00 150.006-LED Surface mount lighthead, BLUE/Red 2.00 MPSM6-LB 7.95 15.90MPS 600 SERIES L BRACKET 2.00 MPSM6-DL 10.07 20.14SIDE -BY-SIDE MPS600U BRACKET 2.00 416900-BA 46.00 92.00Corner LED Dual Color Corner LED with in-line flasher, Blue/Amber 1.00 FHL-TAIL 39.75 39.75TAIL LIGHT FLASHER INTERCEPTOR UTILTY 1.00 MS-4000U 146.51 146.51UNDERCOVER SIREN 100W WITH, AIR HRN, YELP, WAIL 1.00 ES 100 158.47 158.47SIREN SPEAKER 1.00 ESB-U 12.75 12.75UNIVERSAL SIREN BKT FOR ES100C 1.00 PDP 110.00 110.0013 CIRCUIT POWER DIST./FUSE BLOCK 5 INGITION, 5 BATTERY AND 3 TIME. 1.00 PCC8R 202.20 202.208 Position Key Pad with Remote Relay Module, Three 20 Amp and Five 10 Amp Relays 1.00 DEFAULT 4030 387.65 387.65Sbrpca wire harnes 1.00 MISC PARTS 350.00 350.00WIRE, LOOM, HARDWARE 1.00 150.00 150.00SHIPPING COSTS $2,301.73 $220.55 $2,522.28 SUBTOTAL TAX TOTAL CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 City Of Hermosa Beach Attn: Finance Department 1315 Valley Drive Hermosa Beach CA 90254 Police Department 540 Pier Avenue Hermosa Beach CA 90254 NET 30 1/30/2020 0000002133 0000013 HBPD F-150 1.00 SSFPOS 48.00 48.00SOLID STATE HEADLIGHT FLASHER 1.00 MPS 620U-BW 75.00 75.006-LED Surface mount lighthead, BLUE/White 1.00 MPS 620U-RW 75.00 75.006-LED Surface mount lighthead, Red/White 1.00 MPS600U-RR 55.00 55.00MicroPulse Ultra (Red, Red) Super low profile design 1.00 MPS600U-BB 63.36 63.36MicroPulse Ultra (Blue, Blue) Super low profile design 2.00 MPS 620U-BA 75.00 150.006-LED Surface mount lighthead, BLUE/Amber 2.00 MPS 620U-BR 75.00 150.006-LED Surface mount lighthead, BLUE/Red 2.00 MPSM6-LB 7.95 15.90MPS 600 SERIES L BRACKET 2.00 MPSM6-DL 10.07 20.14SIDE -BY-SIDE MPS600U BRACKET 2.00 416900-BA 46.00 92.00Corner LED Dual Color Corner LED with in-line flasher, Blue/Amber 1.00 FHL-TAIL 39.75 39.75TAIL LIGHT FLASHER INTERCEPTOR UTILTY 1.00 MS-4000U 146.51 146.51UNDERCOVER SIREN 100W WITH, AIR HRN, YELP, WAIL 1.00 ES 100 158.47 158.47SIREN SPEAKER 1.00 ESB-U 12.75 12.75UNIVERSAL SIREN BKT FOR ES100C 1.00 PDP 110.00 110.0013 CIRCUIT POWER DIST./FUSE BLOCK 5 INGITION, 5 BATTERY AND 3 TIME. 1.00 PCC8R 202.20 202.208 Position Key Pad with Remote Relay Module, Three 20 Amp and Five 10 Amp Relays 1.00 DEFAULT 4030 387.65 387.65Sbrpca wire harnes 1.00 MISC PARTS 350.00 350.00WIRE, LOOM, HARDWARE 1.00 150.00 150.00SHIPPING COSTS $2,301.73 $220.55 $2,522.28 SUBTOTAL TAX TOTAL SBRPCA 4440 W EST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 "'ri'•1M¥d City Of Hermosa Beach Attn : Finance Department 1315 Valley Drive Hermosa Beach CA 90254 1.00 ES1 00C 1.00 ESB-U 1.00 UM80K 1.00 UMN C029 8.00 MPS600U-BR 1.00 MPS600U-RR 1.00 MPS 620U-BR 1.00 MP SM6-D L 8.00 MP SM6-LB 1.00 SSFPOS 1.00 MAGNETIC MIC SIREN SPEAKER UNIVERSAL SIREN BKT FOR ES100C SIREN AMP ONLY Unitrol siren interface cab le MicroPulse Ultra (B lue, Red) Super low profil e design MicroPulse Ultra (Red , Red) Super low profile design 6-LED Surface mount lighthead , BLUE/Red SIDE -BY-S ID E MPS600 U BRACKET MPS 600 SER IES L BRACKET SO LID STATE HEADLIGHT FLASHER MAGNETIC MIC QUOTE DATE QUOTE# •s•ri•:• 7/25/2019 0000002002 0000013 *''"•'·· Pollee Department 540 Pier Avenue Hermosa Beach CA 90254 131 .56 131 .56 17.60 17.60 432.48 432.48 28 .62 28.62 77 .38 619.04 55.00 55.00 75.00 75.00 10.07 10.07 7.95 63.60 48.00 48.00 25.00 25.00 1.00 PDP 13 CIRCU IT POWER DIST./FUSE BLOCK 5 IN GITION , 5 110 .00 110.00 1.00 MISC PARTS 1.00 BATIERY AND 3 TIME. W IRE , LOOM, HARDWARE S HIP PIN G COSTS SUBTOTAL TAX TOTAL 450.00 17 5 .00 450.00 175.00 $2,240.97 $229.70 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0133 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP (Environmental Programs Manager Douglas Krauss) Recommended Action: Staff recommends that the City Council adopt a Resolution approving the Memorandum of Understanding (MOU)between the City of Torrance,the City of Hermosa Beach,the City of Manhattan Beach,and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. Executive Summary: The City of Torrance successfully applied for a Proposition 12 Santa Monica Bay Restoration Grant to fund a Beach Cities Green Street Project.This grant would help fund a number of green street projects in Torrance,Manhattan Beach,Redondo Beach and Hermosa Beach.This grant would help fund the Hermosa Avenue Green Street Project,as identified in the Beach Cities Enhanced Watershed Management Plan.The Hermosa Avenue Green Street Project would improve Hermosa Avenue between Herondo Street and 4th Street to include a number of green street elements that would help reduce pollution from storm water runoff,as well as beautify this section of Hermosa Avenue.Adopting this Resolution and approving the Memorandum of Understanding for implementation of this Beach Cities Green Street Project would allow Hermosa Beach to utilize these grant funds to help construct this important project.The City of Torrance would act as lead on the project. Background: The cities of Hermosa Beach,Torrance,Redondo Beach,Manhattan Beach,and the Los Angeles County Flood Control District formed the Beach Cities Group to develop an Enhanced Watershed Management Program (EWMP)to comply with the Los Angeles Regional Water Quality Control Board's (Regional Board)2012 NPDES Permit,the Santa Monica Bay Beaches Bacteria (SMBBB) City of Hermosa Beach Printed on 3/6/2020Page 1 of 6 powered by Legistar™ Staff Report REPORT 20-0133 Board's (Regional Board)2012 NPDES Permit,the Santa Monica Bay Beaches Bacteria (SMBBB) Total Maximum Daily Load (TMDL)and Santa Monica Bay Toxics TMDL.The Beach Cities EWMP was submitted to the Regional Board on February 9,2016 and was approved by the Executive Officer of the Regional Board via a letter dated April 18,2016.The Beach Cities Group was directed by the Executive Officer of the Regional Board to begin implementation of the EWMP immediately, including construction of identified capital projects. Complementary to regional storm water structural projects,green infrastructure projects and programs are critical to achieve water quality compliance,as detailed in the Beach Cities EWMP. Green Streets are typically smaller local control measures in available rights-of-way and augment regional structural projects to achieve water quality objectives.The Hermosa Avenue Green Street Project was identified in the 2016 Beach Cities EWMP as a distributed structural project to receive and treat dry-weather and some stormwater runoff from an approximately 47-acre drainage area (Attachment 1). In 2018,the City of Hermosa Beach applied for a Proposition 1 grant through the Ocean Protection Council to fund a Hermosa Avenue Green Street Project (Attachment 2).That grant application was unsuccessful and this new joint effort with the EWMP group to utilize Prop 12 funding for a Beach Cities Green Street Project is another chance to help fund this important project. Analysis: The City of Torrance,in partnership with the other cities in the EWMP group,applied for and was successful in receiving a Proposition 12 Santa Monica Bay Restoration Grant from the Coastal Conservancy (Attachment 3).This grant would help fund the Beach Cities Green Street Project, which includes the Hermosa Avenue Green Street Project as well as green street projects identified for two sites in Manhattan Beach,five sites in Redondo Beach,and five sites in Torrance (Attachment 4).These distributed green street projects were proposed in the EWMP as essential complements to larger regional structural projects to help achieve water quality goals. The portion of the project in Hermosa,the Hermosa Avenue Green Street Project,is an important project for reducing bacteria water quality exceedances from Hermosa Beach and the Herondo Drain.The Herondo Drain is the largest storm drain system within the Beach Cities EWMP that discharges directly to Santa Monica Bay.Located at the southern border of the City of Hermosa Beach,it drains over 3000 acres of area throughout Hermosa Beach,Redondo Beach,Torrance and Manhattan Beach,and is a source of elevated bacteria levels directly off-shore.This drainage area includes 287 acres of Hermosa Beach and this project would capture runoff from 47 of these acres. Hermosa Beach,and its EWMP partners,are actively seeking alternate projects to achieve storm water diversion and pollutant reductions equivalent to what would have been achieved by the abandoned Hermosa Greenbelt Infiltration Project (Greenbelt Project).This search for alternative projects involves reanalyzing existing concepts and exploring new projects throughout the region withCity of Hermosa Beach Printed on 3/6/2020Page 2 of 6 powered by Legistar™ Staff Report REPORT 20-0133 projects involves reanalyzing existing concepts and exploring new projects throughout the region with the possibility of combining multiple smaller projects to achieve compliance goals.This effort also includes discussions with the Regional Water Quality Control Board (Water Board)as the EWMP group’s deadline for compliance approaches.Updates on the alternatives for the Greenbelt Project would come before the City Council on a future council agenda. The Hermosa Avenue Green Street project may incorporate a variety of green street elements such as:dry wells,trash capture devices,trees and plants in medians and parkways,permeable pavement,and bioretention.These elements would all serve to improve storm drainage,reduce pollutants,and simultaneously help beautify this southern end of Hermosa Avenue.In addition,the project would improve pedestrian and ADA accessibility and improve pavement conditions on this section of Hermosa Avenue,between Herondo Street and 4th Street.This area,including the southern end of Beach Drive,is historically prone to flooding.This project would also help alleviate flooding in the area resulting from storm events. The City of Torrance would be the lead agency on the entire Beach Cities Green Streets Project and, by approving this Resolution and entering into this MOU, the parties to agree to: ·Share equally the costs for Preliminary Engineering and Final Design ·Work cooperatively to fund design and construction costs of projects ·Pay the City of Torrance, as lead agency, a 10% Administration Fee Each participating city is targeting approval of a Resolution and MOU by its respective Council soon to expedite the issuance of a Request for Proposals for the project (Attachments 5 and 6).The term of the MOU is three years.The cost for engineering and design of the entire project would be split evenly by the partner cities to ensure cost efficiency and timeliness of plan completion.The total cost for engineering and design is estimated to be $1,100,000,with $550,000 funded by the grant and the other $550,000 funded by the respective cities as match funding.Each city’s share of this cost would be $137,500.By separating design and construction phases of the project funding,the Beach Cities group would be better prepared for the possible application for other sources of funding for construction costs.In addition,the City of Torrance has already submitted an application for funding from the Safe,Clean Water Program (Measure W)for the Beach Cities Green Street Project for next year’s funding cycle. The grant of $2,000,000 is for design and construction of the identified green street projects throughout the EWMP cities.Per the grant agreement,this work must be completed by February 2022.The estimated total project cost is $5,145,000 and the balance of costs must be funded by local or other non-State matching funds provided by the agencies in amounts proportional to each agency’s share of the work.The Hermosa Avenue Green Street Project itself is estimated to have a total construction cost of approximately $980,000;the total estimate would be better known upon City of Hermosa Beach Printed on 3/6/2020Page 3 of 6 powered by Legistar™ Staff Report REPORT 20-0133 total construction cost of approximately $980,000;the total estimate would be better known upon completion of the preliminary engineering and design phases. While entering into this type of MOU for cost sharing is common practice for watershed-based stormwater efforts,this proposed MOU has some notable provisions that are worth mentioning.First, the MOU states that if a party withdraws or terminates the MOU in a manner that renders Torrance in violation of its grant agreement,the party(s)that terminate or withdraw are responsible for any interest and penalties and repayment of any grant funds forfeited.This is a standard term in state grant agreements and is reflected in the proposed MOU as applying to all the partner cities. Additionally,this MOU states that if a party breaches the terms of the MOU,it shall be responsible for the payment of fines,penalties and costs incurred by the other parties as a result of non-performance of the EWMP implementation.Typically,parties are responsible for their own penalties for failure to meet their EWMP and stormwater obligations;however,this MOU would potentially shift that liability to a party that unilaterally breaches the MOU.Under the MOU,defaulting parties would be given 60 days to cure a default before any punitive provision would be triggered. Approving this MOU and completing this project with the help of the approved grant would accomplish many important goals for the City of Hermosa Beach.The Hermosa Avenue Green Street Project would accomplish significant water quality improvements,demonstrating to the Water Board the City’s continued commitment to meeting its pollution reduction mandates.The project would also provide an opportunity for the City to work with its neighboring agencies in the Beach Cities EWMP group and set a precedent for future cooperation that would be necessary for the group to accomplish the larger joint projects necessary to meet all of its water quality goals.Lastly,this project would serve the dual benefit of rehabilitating and enhancing an important gateway to the City and creating an impactful statement of our commitment to sustainability for residents and visitors alike. Past Council Actions Meeting Date Description June 23, 2015 Authorized submission of the draft EWMP to the Regional Water Quality Control Board and Adopt Los Angeles County Program Environmental Impact Report February 13, 2018 Adopted Resolution Approving Application for Prop 1 Grants Funds through California Ocean Protection Council City of Hermosa Beach Printed on 3/6/2020Page 4 of 6 powered by Legistar™ Staff Report REPORT 20-0133 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: Infrastructure Goal 5.The stormwater management system is safe,sanitary,and environmentally and fiscally sustainable. Policies: ·5.1 Integration of stormwater best practices.Integrate stormwater infiltration best practices when initiating streetscape redevelopment or public facility improvement projects. ·5.8 Low impact development.Require new development and redevelopment projects to incorporate low impact development (LID)techniques in project designs,including but not limited to on-site drainage improvements using native vegetation to capture and clean stormwater runoff and minimize impervious surfaces. Fiscal Impact: The City of Hermosa Beach would be responsible for its share of the matching funds required for preliminary engineering and final design,including an administrative fee for Torrance.This cost would be $137,500. The City allocated $250,000 to CIP 164 Hermosa Ave Green Street in its 2019-2020 Adopted Budget and Capital Improvement Plan.This allocation would pay for the City’s initial shared costs for the preliminary engineering and final design.Additional funding would be required to manage the project throughout preliminary engineering,design and construction.Future costs associated with construction of the project would be determined after design and engineering are completed and may be approved separately via a future amendment to this MOU.The final design is estimated to be completed in summer 2020 and additional funds for construction would be requested in the 2020-21 Budget. Agreement Request Request Amount FY 201 9-20 Budget Dep t. Account # Total Contract Amount $137,500 161 -8164 -4201 To Be Determined City of Hermosa Beach Printed on 3/6/2020Page 5 of 6 powered by Legistar™ Staff Report REPORT 20-0133 Attachments: 1.Location of Hermosa Avenue Green Street Project 2.Resolution 18-7117 3.City of Torrance Grant Agreement 4.Location of Beach Cities Green Street Projects 5.Draft MOU 6.Resolution 20-7222 Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Marnell Gibson, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/6/2020Page 6 of 6 powered by Legistar™ 2 n dPalm 6 th ValleyBayvi ewHermosaBay Vi ewBe a c h 1 s tManhat t anArdmoreHillLoma3rd L y n d o nMonterey 5 thCypress T h e Str a n d 4 th Cul perCochise3 r d 2 n d 4 th 3 rd 4 th 1st Ardmore6 th 1 s t4 th 4 thHERMOSA BEACH REDONDO BEACH P:\GIS\Projects\LA0380\Projects\City Green Streets Maps\SMB_HB_ProposedGS_021418.mxd sl 2/15/2018 0.04 0 0.040.02 Miles Legend Green StreetsLocations Green StreetsDrainage Areas Storm Drains Streets "Catch Basins City Boundary Land Uses Per Parcel Beach Community High Density Light Industrial Low Density Medium Density NeighborhoodCommercial Open Space Proposed Green Streets - General LocationsSanta Monica Bay WatershedHerondo Drain, City of Hermosa Beach®February 2018 Green Street Drainage Area (ac), Percent Impervious:Hermosa Ave--47.6 ac, 63% BEACH CITIES GREEN STREETS PROJECT Grantee’s full, legal name: City of Torrance Taxpayer ID Number 95-6000803 Address: 20500 Madrona Avenue Torrance CA 90503 Phone No.: (310) 781-6900 Name of Person Signing: Patrick J. Furey Title of Person Signing: Mayor Contact Person, if different than Person Signing: Name of Contact: John Dettle Title of Contact: Engineering Manager, Public Works Department BEACH CITIES GREEN STREETS 2 SCOPE OF AGREEMENT Pursuant to Chapter 5.5 of Division 21 of the California Public Resources Code, the State Coastal Conservancy (“the Conservancy”) hereby grants to the City of Torrance (“the grantee”) a sum not to exceed $2,000,000 (two million dollars), subject to this agreement. The grantee shall use these funds to complete the following project (“the project”) at multiple sites in the Cities of Torrance, Redondo Beach, Manhattan Beach and Hermosa Beach (the “Cities”), as shown on Exhibit A, which is incorporated by reference and attached. The Beach Cities Green Streets Project consists of designing and constructing multiple green streets to improve water quality and provide urban greening benefits in the Santa Monica Bay Watershed in the areas designated on Exhibit A. Existing impervious areas within the public parkways and rights-of-way will be retrofitted using a variety of below and above ground green infrastructure technologies such as porous pavement, catch basin trash screens, bio-filtration/bio-retention systems, vegetated curb extensions, planters, swales, rain gardens and dry wells to intercept, filter and retain dry and wet weather runoff. Each green street site will offer a unique set of multi-benefits. The grantee shall carry out the project in accordance with this agreement and a work program, as provided in the “WORK PROGRAM” section, below. The grantee shall BEACH CITIES GREEN STREETS 3 provide any funds beyond those granted under this agreement which are needed to complete the project. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT Construction of the project shall not begin, and the Conservancy shall not be obligated to disburse any funds, unless and until the following conditions precedent have been met: 1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee. 2. The Executive Officer of the Conservancy (“the Executive Officer”) has approved in writing: a. A work program for the project, as provided in the “WORK PROGRAM” section, below. b. A plan for installation of signs and acknowledgment of Conservancy support, as provided in the “SIGNS AND ACKNOWLEDGMENT” section, below. BEACH CITIES GREEN STREETS 4 c. All contractors that the grantee and the parties to the MOU (defined below) intend to retain in connection with the project. The grantee must provide written evidence to the Conservancy that each construction contractor retained to work on the project under this agreement has complied with the bonding requirements described in the “BONDING” section, below. 3. The grantee has provided written evidence to the Conservancy that: a. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. b. Required insurance coverage, including additional insured endorsement, as described in the “INSURANCE” section, below. 4. Evidence that grantee has entered into a Memorandum of Understanding between grantee, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach, for the design and implementation of the Beach Cities Green Streets Project within the Santa Monica Bay Watershed (MOU). Notwithstanding the above, the grantee may begin to prepare plans, specifications and engineering work upon meeting conditions precedent no. 1 and no. 4, and upon the BEACH CITIES GREEN STREETS 5 Executive Officer’s review and approval of a separate work program (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform the work. ADDITIONAL GRANT CONDITIONS The grantee shall also meet the following conditions: 1. Grantee shall comply with all mitigation measures applicable to the project that are in the Los Angeles County Flood Control District Enhanced Watershed Management Programs Programmatic Environmental Impact Report (PEIR), which was certified by the Los Angeles County Flood Control District (LAFCD) pursuant to the California Environmental Quality Act on May 26, 2015. 2. The Conservancy acknowledges that the grantee, as a party to the MOU, is the coordinating lead for the project, and the project will be implemented by the parties to the MOU. Grantee agrees to coordinate between the Conservancy and the parties to the MOU to complete the project and comply with this agreement, and agrees to use best efforts to ensure that the parties to the MOU, and their respective officers, employees, agents and contractors working on the project, as sub-grantees and contractors under this agreement, comply with all applicable terms of this agreement. BEACH CITIES GREEN STREETS 6 TERM OF AGREEMENT This agreement shall take effect when signed by both parties and received in the offices of the Conservancy together with the resolution described in the “CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT” section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through March 31, 2042 (“the termination date”) unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by February 28, 2022 (“the completion date”). The grantee shall submit a final Request for Disbursement no later than March 31, 2022. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its March 14, 2019 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit B. This agreement is executed under that authorization. Standard Provisions BEACH CITIES GREEN STREETS 7 WORK PROGRAM Before beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program shall include: 1. Construction plans and specifications which have been certified by a licensed architect or registered engineer, or approved by the grantee’s City Engineer. 2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project, including the grantee’s labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement. For each project component, the project budget shall list all intended funding sources, including the Conservancy’s grant, and all other sources of monies, materials, or labor. The grantee shall review the plans on-site with Conservancy staff. 4. A monitoring plan. BEACH CITIES GREEN STREETS 8 If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee and for the other parties to the MOU, then the grantee shall, prior to the initiation of any contractor selection process, submit the selection package, including any applicable construction plans and specifications that have been certified or approved as described above, to the Executive Officer for review and written approval as to consistency with the purposes of this grant agreement. Upon approval by the Executive Officer, the grantee shall proceed with the contractor selection process. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer for written approval the name of each contractor that is intended to be retained for the project. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to construction. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall construct the project in accordance with the approved work program. BEACH CITIES GREEN STREETS 9 SIGNS AND ACKNOWLEDGMENT Prior to beginning the project, the grantee shall submit a plan to the Executive Officer for the installation of signs and acknowledgment of Conservancy support. Except as the Executive Officer agrees otherwise, the plan shall commit the grantee to mention the Conservancy’s support in its project-related press releases, contacts with the media, and social media postings, and on its website. The grantee shall install and maintain a sign or signs visible from the nearest public roadway identifying the project at each project site, acknowledging Conservancy assistance and displaying the Conservancy’s logo, and the logos for Proposition 12 and the Santa Monica Bay Restoration Commission. The signs shall acknowledge funding from the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Proposition 12), as required by the California Natural Resources Agency’s “Sign Guidelines,” attached as Exhibit C. The Conservancy shall provide to the grantee specifications and logos for the signs. The grantee may incorporate the required information into other signs as approved by the Executive Officer. In special circumstances, where the placement of signs or the general specifications are inappropriate, the Executive Officer may approve alternative, more appropriate methods for acknowledging the sources of funding. The grantee shall submit plans describing the number, design, placement and wording of the signs, or the specifications of a proposed, BEACH CITIES GREEN STREETS 10 alternative method. The Conservancy will withhold final disbursement until the signs are installed as approved by the Conservancy. BONDING If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, construction shall not begin until each contractor has furnished a performance bond in favor of the grantee, as applicable, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000. Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California. COSTS AND DISBURSEMENTS When the Conservancy determines that all “CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT” have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows: BEACH CITIES GREEN STREETS 11 The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee’s satisfactory progress under the approved work program, and upon the grantee’s submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee’s satisfactory completion of construction and compliance with the “PROJECT COMPLETION” section, below, and upon the Conservancy’s acceptance of the project. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations (“CCR”), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the grantee. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. The Conservancy will reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors. BEACH CITIES GREEN STREETS 12 The grantee shall request disbursements by filing with the Conservancy a fully executed “Request for Disbursement” form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred of all work done for which disbursement is requested. Hourly rates billed to the Conservancy, shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by: 1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred. 2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing. BEACH CITIES GREEN STREETS 13 3. A supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.) including written substantiation of completion of the portion of the project for which the grantee is requesting disbursement. The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The total amount of this grant may not be increased except by written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items which exceed the amount allocated in the project budget by BEACH CITIES GREEN STREETS 14 more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within thirty days of completion of construction of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: 1. A report certifying completion of the project according to the approved work program, including photographs documenting project completion. 2. Documentation that signs are installed as required by the “SIGNS AND ACKNOWLEDGMENT” section of this agreement. 3. A fully executed final “Request for Disbursement.” 4. A final inspection report by a licensed architect or registered engineer or the grantee’s City Engineer, and a copy of “as built” drawings of the completed project. BEACH CITIES GREEN STREETS 15 Within thirty days of grantee’s submission of the above, the Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter. If the Conservancy does not deem the project to be complete, the Conservancy may notify grantee of its reason for deeming the project incomplete, and how the grantee can demonstrate satisfactory completion of the project. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days’ notice in writing. Before the project is complete, the Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days’ notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from the Conservancy authorizes work to resume. BEACH CITIES GREEN STREETS 16 If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed. The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section. The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section. BEACH CITIES GREEN STREETS 17 OPERATION AND MAINTENANCE The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy’s grant was made. The grantee and the other parties to the MOU assume all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of maintenance, management, or operation. The grantee may be excused from the obligations under this section only upon the written approval of the Executive Officer. For purposes of this agreement, “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. MITIGATION Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of the project. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the BEACH CITIES GREEN STREETS 18 Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the project in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation. INSPECTION Throughout the term of this agreement, the Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. INDEMNIFICATION AND HOLD HARMLESS The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents, or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq. BEACH CITIES GREEN STREETS 19 The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement. The obligations in this “INDEMNIFICATION AND HOLD HARMLESS” section shall survive termination of this agreement. INSURANCE The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s BEACH CITIES GREEN STREETS 20 participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors and omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable. b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance. d. Course-of-construction (also known as “Builder’s Risk”) insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to BEACH CITIES GREEN STREETS 21 replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.) e. Property insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild and/or repair the damaged portions of the facilities and structures constructed under this agreement.) 2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than: a. General Liability: (Including operations, products and completed operations, as applicable) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement, or the general aggregate limit shall be twice the required occurrence limit. BEACH CITIES GREEN STREETS 22 b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. c. Worker’s Compensation and Employer’s Liability. As required by law, and Employer’s Liability of no less than $1,000,000 per accident or disease. d. Course of Construction: Completed value of the project with no coinsurance penalty provisions. e. Property Insurance 90 percent of full replacement cost of the facilities or structures. 3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer. 4. Required Provisions Concerning the Conservancy and the State of California. a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by first class mail has been given to the Conservancy; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to the Conservancy. The grantee shall notify the Conservancy within two BEACH CITIES GREEN STREETS 23 working days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy. b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer. c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The State of California, its officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee BEACH CITIES GREEN STREETS 24 including materials, parts or equipment furnished in connection with the work or operations. (ii) For any claims related to this agreement, the grantee’s insurance coverage shall be primary insurance as respects the State of California, its officers, agents and employees, and not excess to any insurance or self-insurance of the State of California. (iii)The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement. 5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer. 6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work BEACH CITIES GREEN STREETS 25 commences. The Conservancy may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage. 7. Contractors. The grantee, as applicable, shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project. 8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, “records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the design and construction of the project, and the use, management, operation and maintenance of the real property. Time and effort reports are also required. The BEACH CITIES GREEN STREETS 26 grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. BEACH CITIES GREEN STREETS 27 The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. COMPUTER SOFTWARE The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such BEACH CITIES GREEN STREETS 28 discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement. UNION ORGANIZING By signing this agreement, grantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this agreement, and certifies that no state funds disbursed by this agreement will be used to assist, promote or deter union organizing. If grantee makes expenditures to assist, promote or deter union organizing, grantee agrees BEACH CITIES GREEN STREETS 29 to maintain records sufficient to show that no state funds, including the funds provided under this agreement, have been used for these purposes, and shall provide these records to the Attorney General upon request. PREVAILING WAGE Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861. If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations. The grantee shall review applicable statutory provisions and the regulations adopted under the provisions and the information available on the Department of Industrial Relations website (http://www.dir.ca.gov/Public-Works/PublicWorks.html) to determine its responsibilities. The grantee may also review the Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request, for additional information. BEACH CITIES GREEN STREETS 30 DRUG-FREE WORKPLACE The grantee’s signature on this agreement constitutes the certification required by Government Code Section 8355, which requires that all state grantees provide a drug-free workplace by doing all of the following: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition. (2) Establishing a drug-free awareness program to inform employees about all of the following: a. The dangers of drug abuse in the workplace. b. The person’s or organization’s policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations. (3) Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement. BEACH CITIES GREEN STREETS 31 INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER’S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. BEACH CITIES GREEN STREETS 32 AMENDMENT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Los Angeles. MANHATTAN BEACH HERMOSA BEACH REDONDO BEACH REDONDO BEACH TORRANCE TORRANCE MANHATTAN BEACH PCHARTESIA BLVD 190TH BLVD MANHATTAN BEACH BLVD MARINE BLVD ROSECRANS AVE PCHAVIATION BLVDHAWTHORNE BLVDHERMOSA AVEBEACH CITIES GREEN STREETS LOCATIONS NOT TO SCALE Page 1 of 21 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP This Memorandum of Understanding (MOU), is made and entered into as of the date set forth below by and between the CITY OF TORRANCE, a chartered municipal corporation, THE CITY OF HERMOSA BEACH, a California municipal corporation, and the CITY OF MANHATTAN BEACH, a California municipal corporation, the CITY OF REDONDO BEACH, a chartered municipal corporation. Collectively, these entities shall be known herein as “PARTIES” or individually as “PARTY”. WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 as amended by Order WQ 2015-0075 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and identified the PARTIES as permittees that are responsible for compliance with the MS4 Permit requirements; and WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU) on December 26, 2013 to share costs and collaborate in the development of a Draft and Final Beach Cities Enhanced Watershed Management Program (EWMP) and a Draft and Final Coordinated Integrated Monitoring Program (CIMP) to comply with MS4 Permit requirements; and WHEREAS, the final Beach Cities EWMP was submitted to the REGIONAL BOARD by the PARTIES on February 9, 2016 and was approved by the Executive Officer of the REGIONAL BOARD via letter dated April 18, 2016 (EWMP Approval Letter) that directed the PARTIES to begin implementation of the EWMP immediately including all actions per associated schedules set forth in the Beach Cities EWMP; and WHEREAS, the Beach Cities EWMP is applicable to the Beach Cities Watershed Management Group Area (Beach Cities EWMP Area) consisting of all the incorporated areas served by the municipal separate storm sewer systems (MS4) of the cities of Redondo Beach, Manhattan Beach, Hermosa Beach and Torrance for the Santa Monica Bay and Dominguez Channel Watersheds excluding the Machado Lake Watershed, and also including the infrastructure of the Los Angeles County Flood Control District (LACFCD) within the Beach Cities EWMP Area; and Page 2 of 21 WHEREAS, the Beach Cities EWMP identifies distributed green street structural control measures that when implemented together with regional structural watershed control measures and baseline and enhanced minimum control measures are predicted by the reasonable assurance analysis (RAA) to achieve compliance with water quality based effluent limitations (WQBELs) set forth in the MS4 Permit for the Beach Cities EWMP Area; and WHEREAS, the Beach Cities EWMP identifies the Herondo Storm Drain sub watershed (SMB 6-01 analysis region) and the 28th Street Storm Drain sub watershed (SMB 5-02 analysis region) as high priority areas for implementing distributed green street structural control measures in order to meet compliance deadlines for WQBELs according to the schedule set forth in the Beach Cities EWMP; and WHEREAS, the LACFCD owns and operates major elements of the storm drain conveyance system within the SMB 6-01 and SMB 5-02 analysis regions to which the distributed green street structural control measures will be connected; and WHEREAS the PARTIES have determined that it is mutually beneficial to cooperate jointly in the design and construction of distributed green street structural control measures within the SMB 6-01 and SMB 5-02 analysis regions of the Beach Cities EWMP Area; and WHEREAS, each PARTY has identified a project site(s) within its owned and maintained rights-of-way for a distributed green street project within the SMB 6-01 and/or SMB 5-02 analysis regions and these green street projects together comprise the BEACH CITIES GREEN STREETS PROJECT as shown in Exhibit D; and WHEREAS, the CITY OF TORRANCE in partnership with the other PARTIES submitted a successful application to the California State Coastal Conservancy and Santa Monica Bay Restoration Commission and has been awarded a Proposition 12 Santa Monica Bay Restoration Grant (PROP 12 SMBR GRANT) for $2,000,000 for the design and construction of the BEACH CITIES GREEN STREETS PROJECT; and WHEREAS, the design objectives of the BEACH CITIES GREEN STREETS PROJECT are to: retrofit existing impervious areas and parkways within public rights-of-way with green infrastructure to improve coastal water quality by providing pollutant load reduction through capture, treatment and where possible infiltration of stormwater and associated pollutant loads including the 303(d)-listed TMDL pollutants indicator bacteria, sediment-borne DDT and PCBs and trash (debris), and reduce the peak runoff rate and total volume of stormwater discharged to Santa Monica Bay from a combined 198-acre area of the SMB 6-01 and SMB 5-02 analysis regions; and Page 3 of 21 WHEREAS, each PARTY wishes to ensure that design plans and specifications for the portion of the BEACH CITIES GREEN STREETS PROJECT within each PARTY’S respective right-of- way is consistent with that PARTY’S design standards; and WHEREAS, the awarded PROP 12 SMBR GRANT amount of $2,000,000 represents approximately thirty-nine percent of the estimated total project cost of $5,145,000 for the BEACH CITIES GREEN STREETS PROJECT, and as such the balance of the total project cost must be provided as local or other non-State matching funds; and WHEREAS, the PARTIES have determined that hiring an ENGINEERING CONSULTANT to conduct preliminary engineering investigations, preliminary design and final design plans and engineer’s estimate for the construction of the BEACH CITIES GREEN STREETS PROJECT will be beneficial to the PARTIES, and WHEREAS, the PARTIES have determined to provide the anticipated local matching funds in order that the CITY OF TORRANCE may hire an ENGINEERING CONSULTANT to perform PRELIMINARY ENGINEERING AND FINAL DESIGN services; and WHEREAS, the PARTIES anticipate amending this agreement to also cover the cost sharing for the completion of construction of the BEACH CITIES GREEN STREETS PROJECT based on proportionate responsibility once those costs are known; and WHEREAS, the PARTIES have agreed that the total cost for implementation of the BEACH CITIES GREEN STREETS PROJECT PRELIMINARY AND FINAL DESIGN shall be determined based on selection of a qualified ENGINEERING CONSULTANT and shall not exceed the costs set out in Exhibit B, which includes a ten percent (10%) contract administration cost. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Purpose. The purpose of this MOU is to establish an understanding of proportional responsibility among the PARTIES for Preliminary Engineering and Final Design of the BEACH CITIES GREEN STREETS PROJECT within the SMB 6-01 and SMB 5-02 analysis regions of the Beach Cities EWMP Area identified in the Beach Cities EWMP and to provide matching funds necessary for the group to utilize Prop 12 SMBR GRANT funds awarded for implementation of the BEACH CITIES GREEN STREETS PROJECT. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU. Each PARTY shall provide independent Engineering Review and Plan Page 4 of 21 Check in-kind services for its own respective City, to ensure that final design plans and specifications are consistent with each PARTY’S design standards. Section 4. Voluntary. This MOU is voluntarily entered into for Beach Cities EWMP implementation. Section 5. Term. This MOU shall become effective on the date of execution by all of the PARTIES (EFFECTIVE DATE), and shall remain in effect for three (3) years from the EFFECTIVE DATE, with the option to extend the term by two additional years if approved by all PARTIES in writing. Section 6. The PARTIES agree: a. Funding of BEACH CITIES GREEN STREETS PROJECT. Each PARTY will work cooperatively to fund the PRELIMINARY ENGINEERING AND FINAL DESIGN FUNDING CONTRIBUTIONS for the BEACH CITIES GREEN STREETS PROJECT as detailed in Exhibit B of this MOU. b. BEACH CITIES GREEN STREETS PROJECT PRELIMINARY ENGINEERING AND FINAL DESIGN PHASE COSTS. The costs for the preliminary engineering investigation and preparation of final design plans and engineer’s cost estimate of the BEACH CITIES GREEN STREETS PROJECT will be shared equally among the PARTIES as shown in Exhibit C. c. Future Costs. Future cost sharing for grant and match funding for construction of the BEACH CITIES GREEN STREETS PROJECT will be determined based on each PARTY’s proportionate share of the construction costs based on Contractor bids and must be approved by amendments to this MOU. d. LEAD AGENCY for BEACH CITIES GREEN STREETS PROJECT IMPLEMENTATION. The role of LEAD AGENCY for the implementation of the BEACH CITIES GREEN STREETS PROJECT shall be assumed by the City of TORRANCE. The PARTIES agree that the LEAD AGENCY may amend contracted work so long as total costs in Exhibit B are not exceeded and the LEAD AGENCY notifies the PARTIES of the proposed changes in writing. e. Payment. To fund the cost of implementation of the BEACH CITIES GREEN STREETS PROJECT which shall not exceed the cost distribution amounts shown in Exhibit C of this MOU and to pay the LEAD AGENCY a 10% Administration Fee as described in Exhibit B. Payment shall be made within sixty (60) days of receipt of the invoice from the LEAD AGENCY. f. Documentation. To make a full-faith effort to cooperate with one another by providing to the LEAD AGENCY all requested information and documentation in their possession and available for release that is deemed necessary by the PARTIES to achieve the purposes of Page 5 of 21 this MOU, including documentation of in-kind services as required by the PROP 12 SMBR GRANT AGREEMENT. g. Permitting. To submit final design plans and Connection Permit application(s) to LACFCD for review and approval to enable modification of LACFCD facilities or connection of the BEACH CITIES GREEN STREETS PROJECT to the LACFCD storm drain system in their respective jurisdictions where necessary and to obtain necessary LACFCD permit(s) and Maintenance and Use Agreements. To issue no-fee encroachment permits for work to be done in each PARTY’s respective jurisdiction. h. Compliance with Terms of PROP 12 SMBR GRANT AGREEMENT. The PARTIES to this MOU acknowledge that while the City of Torrance is the sole grantee under the PROP 12 SMBR GRANT AGREEMENT, the intent of the MOU is for all PARTIES to comply with the terms and conditions of the PROP 12 GRANT AGREEMENT. If the PARTIES fail to amend this agreement to jointly fund the construction phase of the BEACH CITIES GREEN STREETS PROJECT, the named recipients may be deemed in violation of the PROP 12 SMRC GRANT AGREEMENT (see Section 8.b below) and required to repay the PROP 12 SMRC GRANT AGREEMENT with interest and penalties. The PARTIES agree that should this MOU not be amended and the named recipients are deemed by the State Coastal Conservancy to be in violation of the PROP 12 SMRC GRANT AGREEMENT, that any interest and penalties due shall be paid by the PARTY(S) that refuse to amend this agreement to cover construction costs. i. Compliance with LACFCD PEIR. The PARTIES shall comply with all mitigation measures applicable to the project that are in the Los Angeles County Flood Control District Enhanced Watershed Management Programs Programmatic Environmental Impact Report (PEIR), which was certified by the Los Angeles County Flood Control District (LAFCD) pursuant to the California Environmental Quality Act on May 26, 2015 and may be found at https://dpw.lacounty.gov/LACFCD/ewmppeir/ . j. Grant Acknowledgement Signs. PARTIES agree to post signs in their respective jurisdictions of grant funding acknowledgement and to mention the Conservancy’s support in its project-related press releases, contacts with the media, and social media postings, and on its website. k. Maintenance of Grant Acknowledgement Signs. The PARTIES agree to install and maintain a sign or signs provided by the LEAD AGENCY visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance and displaying the Conservancy’s logo, and the logos for Proposition 12 and the Santa Monica Bay Restoration Commission. The signs shall acknowledge funding from the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 Page 6 of 21 (Proposition 12), as required by the California Natural Resources Agency’s “Sign Guidelines,” Section 7. The LEAD AGENCY agrees: a. Administration. To collect and deposit funds in a separate account dedicated to this MOU and to distribute funds in accordance with this MOU. b. Invoice. To invoice the other PARTIES in amounts not exceeding the amounts shown in Exhibit C, except for the in-kind services to be provided which shall not be invoiced. The payments will be invoiced upon the execution of this MOU by all PARTIES. c. Final Accounting. To provide an accounting upon conclusion of the BEACH CITIES GREEN STREETS PROJECT and to return any unused portion of all funds deposited with the LEAD AGENCY in accordance with the cost allocation formula set forth in Exhibit C. In the event of a shortfall, the LEAD AGENCY will invoice the PARTIES in accordance with the same formula. d. Lead Agency. To be the LEAD AGENCY for the implementation of the BEACH CITIES GREEN STREETS PROJECT. e. PROP 12 SMBR GRANT AGREEMENT. To execute the PROP 12 SMBR GRANT AGREEMENT as expeditiously as possible following the execution of this MOU, and to distribute copies of the executed grant agreement to the PARTIES within ten (10) business days of receiving the executed PROP 12 SMBR GRANT AGREEMENT from the grant manager. A copy of the Draft PROP 12 SMBRC GRANT AGREEMENT is provided as Exhibit E. f. Contracted Services. To include a BEACH CITIES representative on the City’s Selection Committee for design services and to contract with an ENGINEERING CONSULTANT to perform PRELIMINARY ENGINEERING AND FINAL DESIGN of the BEACH CITIES GREEN STREETS PROJECT. g. Administration. To administer the ENGINEERING CONSULTANT contract and carry out the terms of the PROP 12 SMBR GRANT AGREEMENT. h. Preliminary Design. To distribute copies of the geotechnical engineering investigation results of the BEACH CITIES GREEN STREETS PROJECT to the PARTIES for review and comment prior to directing the ENGINEERING CONSULTANT to proceed with the preliminary design of the BEACH CITIES GREEN STREETS PROJECT. The City of Torrance will provide each of the PARTIES a copy of the draft Preliminary Design Report and Page 7 of 21 Drawings for review and comment within ten (10) business days after receipt from the ENGINEERING CONSULTANT. i. Final Design. To submit final design plans to each of the PARTIES for review and comment on the portion of the BEACH CITIES GREEN STREETS PROJECT within each PARTY’S rights- of-way. j. Expenditure. To utilize the funds deposited by the PARTIES with the CITY OF TORRANCE only for the implementation of the BEACH CITIES GREEN STREETS PROJECT and to notify all PARTIES if contracted work is to be amended so long as total costs in Exhibit B are not exceeded. Section 8. Indemnification a. To the fullest extent permitted by law, the PARTIES agree to indemnify, defend, and hold harmless each other and Santa Monica Bay Restoration Commission from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this MOU, and attributable to each PARTY's own fault. Following a determination of the percentage of fault of each PARTY, and/or liability by agreement between the PARTIES, or a court of competent jurisdiction, the PARTY responsible for liability will indemnify the other PARTIES to this MOU for the percentage of liability determined. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act of omission occurring in the performance of this MOU to the same extent that such liability would be imposed in the absence of Section 895.2 of said code. To achieve the above stated purpose, each of the PARTIES indemnifies, defends, and holds harmless the other PARTIES and the California State Coastal Conservancy and Santa Monica Bay Restoration Commission for any liability, cost, or expense that may be imposed upon the PARTIES solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Page 8 of 21 Section 9. Termination, Default and Unilateral Withdrawal a. Termination: This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the ENGINEERING CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. b. If this MOU is terminated upon express written agreement of all PARTIES, then each PARTY shall also be responsible for the payment of its own fines, penalties and costs incurred as a result of the non-performance of the EWMP implementation. c. Default: If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit its rights to work completed through this MOU, and funding already provided, and be responsible for the payment of fines, penalties and costs incurred as a result of the non-performance of the EWMP implementation, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and 60 days to cure the alleged default. d. THE LEAD AGENCY shall notify in writing all PARTIES, and may notify the REGIONAL BOARD, within fourteen (14) days of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non-delinquent PARTIES will determine the next course of action. Should the default be failure to provide funding, then the defaulting PARTY will be withdrawn from the MOU and costs will be adjusted pursuant to Section 10(e) below. e. Unilateral Withdrawal: Should any PARTY unilaterally withdraw from this MOU, the remaining PARTIES shall work in good faith to amend this MOU to revise the cost allocation formula and to revise the Scope of Work to maintain the conditions of the PROP 12 SMRC GRANT AGREEMENT. f. Should the default or unilateral withdrawal of this agreement render TORRANCE in violation of the PROP 12 SMBRC GRANT AGREEMENT, the PARTY(S) that default or unilaterally withdraw from this agreement shall be responsible for any interest and penalties and repayment of any grant funds forfeited due under the PROP 12 SMBRC GRANT AGREEMENT. g. The PARTIES agree that, except as otherwise provided in 10(c), each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. Page 9 of 21 Section 10. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit A attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit A. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit A. b. Administration. For the purposes of this MOU, the PARTIES hereby designate respective PARTY representatives in Exhibit A. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. c. Maintenance of Project BMPs. The PARTIES agree to use, manage, maintain and operate the BEACH CITIES GREEN STREETS PROJECT throughout the term of PROP 12 GRANT AGREEMENT consistent with the purposes for which the State Coastal Conservancy’s grant was made. Each party shallassume all operation and maintenance costs fortheir own respective facilities and structures only; the State Coastal Conservancy shall not be liable for any cost of maintenance, management, or operation. The PARTIES may be excused from the obligations under this section only upon the written approval of the PARTIES. For purposes of this MOU, “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. d. Mitigation. The PARTIES agree that, without the written permission of the Executive Officer, the PARTIES each shall not use or allow the use any portion of the BEACH CITIES GREEN STREETS PROJECT funded by the PROP 12 GRANT AGREEMENT for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of the project. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on any portion of the BEACH CITIES GREEN STREETS PROJECT shall be remitted promptly to the State Page 10 of 21 Coastal Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the project in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation. e. Inspection. Throughout the term of the PROP 12 GRANT AGREEMENT, the State Coastal Conservancy shall have the right to inspect the BEACH CITIES GREEN STREETS PROJECT project area to ascertain compliance with its PROP 12 GRANT AGREEMENT. f. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. g. Binding Effect. This MOU shall be binding upon and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. h. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. For purposes of this subsection, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 6(f) or withdraws pursuant to Section 10(b) or fails to substantially comply with the terms and/or conditions of this MOU pursuant to Section 10(d). i. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. j. Drug-Free Workplace. PARTIES signature on this MOU constitutes the certification required by Government Code Section 8355, which requires that all state grantees provide a drug-free workplace by doing all of the following: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition. b. Establishing a drug-free awareness program to inform employees about all of the following: c. The dangers of drug abuse in the workplace. d. The person’s or organization’s policy of maintaining a drug-free workplace. e. Any available drug counseling, rehabilitation, and employee assistance programs. f. The penalties that may be imposed upon employees for drug abuse violations. Page 11 of 21 g. Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement. k. Union Organizing. By signing this MOU, the PARTIES each hereby acknowledge the applicability of Government Code Sections 16645 through 16649 to this MOU, and certify that no state funds will be used to assist, promote or deter union organizing. If a PARTY makes expenditures to assist, promote or deter union organizing, the PARTY agrees to maintain records sufficient to show that no state funds, including the funds provided under this agreement, have been used for these purposes, and shall provide these records to the Attorney General upon request. l. Non-Discrimination. During the performance of this MOU, the PARTIES and each of their contractors being paid through grant funds shall not deny the MOU’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The PARTIES shall each insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The PARTIES and each of their contractors being paid through grant funds shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The PARTIES shall permit access by representatives of the Department of Fair Employment and Housing and the State Coastal Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Coastal Conservancy shall require to ascertain compliance with this clause. The PARTIES and their contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) m. Severability. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall not be Page 12 of 21 affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. n. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. o. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. p. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. q. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in Section 11(e). r. Third Party Beneficiary. The State Coastal Conservancy is a third-party beneficiary of this MOU. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: [SIGNATURE PAGES FOLLOW] Page 13 of 21 CITY OF TORRANCE By: Date: Patrick J. Furey, Mayor ATTEST: By: Rebecca Poirier City Clerk APPROVED AS TO FORM: By: Patrick Q. Sullivan, City Attorney Page 14 of 21 CITY OF MANHATTAN BEACH By: Date: Bruce Moe City Manager ATTEST: By: Liz Tamura City Clerk APPROVED AS TO FORM: By: Quinn M. Barrow, City Attorney Page 15 of 21 CITY OF REDONDO BEACH By: Date: William C. Brand, Mayor ATTEST: By: Eleanor Manzano City Clerk APPROVED AS TO FORM: By: Michael W. Webb, City Attorney Page 16 of 21 CITY OF HERMOSA BEACH By: Date: Marie Campbell Mayor ATTEST: By: Elaine Doerfling City Clerk APPROVED AS TO FORM: By: Michael Jenkins, City Attorney Page 17 of 21 EXHIBIT A BEACH CITIES WMG EWMP/CIMP GROUP Parties’ Representatives 1 City of Redondo Beach
 Department of Public Works, Engineering Division 415 Diamond Street
 Redondo Beach, CA 90266 Geraldine Trivedi
 E-mail: Geraldine.Trivedi@redondo.org Phone: (310) 318-0661 x2036 Fax: (310) 374-4828 2 City of Hermosa Beach Department of Public Works 1315 Valley Drive
 Hermosa Beach, CA 90254 Doug Krauss E-mail: Dkrauss@hermosabch.org Phone: (310) 750-3603
 Fax: (310) 372-6186 3 City of Manhattan Beach Department of Public Works 1400 Highland Avenue Manhattan Beach, CA 90266 
 Shawn Igoe
 E-mail: sigoe@citymb.info Phone: (310) 802-5315 Fax: (310) 802-5314 
 4 City of Torrance Department of Public Works 20500 Madronna Avenue Torrance, CA 90503 John C. Dettle, P.E.
 E-mail: jdettle@TorranceCA.gov Phone: (310) 618-3059
 Fax: (310) 781-6902 Page 18 of 21 EXHIBIT B BEACH CITIES GREEN STREETS PROJECT PRELIMINARY ENGINEERING AND FINAL DESIGN FUNDING CONTRIBUTIONS TASK COST PARTIES’ MATCHING FUNDS PROP 12 SMBR GRANT FUNDS Preliminary Engineering & Final Design $1,000,000 $500,000 $500,000 Administration (10%) $100,000 $50,000 $50,000 TOTAL $1,100,000 $550,000 $550,000 . Page 19 of 21 EXHIBIT C PARTIES’ PROPORTIONAL RESPONSIBILITY FOR BEACH CITIES GREEN STREETS PROJECT COSTS FOR PRELIMINARY ENGINEERING AND FINAL DESIGN PARTY Matching Funds Percentage Share Matching Funds Cost Share City of Torrance 25% $137,500 City of Hermosa Beach 25% $137,500 City of Manhattan Beach 25% $137,500 City of Redondo Beach 25% $137,500 TOTAL 100% $550,000 Page 20 of 21 EXHIBIT D BEACH CITIES GREEN STREETS PROJECT LOCATION MAP Page 21 of 21 EXHIBIT E BEACH CITIES GREEN STREETS PROP 12 SMBRC GRANT AGREEMENT City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0136 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (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; and 2.Provide direction to staff to prepare an update to the City’s shared mobility ordinance that either: a. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c. provides guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. Executive Summary: In August 2018,City Council enacted a temporary ban for one year 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. In April 2019,Council received an update on the City’s implementation efforts related to the temporary ban of shared mobility devices and efforts to develop shared mobility guidelines with neighboring South Bay cities.At that meeting,Council provided direction to staff to pursue participation in a South Bay Shared Mobility Pilot Program with neighboring cities and return with a final set of guidelines and municipal code changes for Council consideration. In August 2019,Council extended the temporary ban on shared mobility devices for a period of six months and requested staff to return with quarterly updates on outreach and enforcement efforts. City of Hermosa Beach Printed on 3/6/2020Page 1 of 7 powered by Legistar™ Staff Report REPORT 20-0136 As of February 2020,Hermosa Beach’s neighboring cities of Manhattan Beach and Redondo Beach have not taken action to approve the South Bay Shared Mobility Guidelines.Manhattan Beach has actually taken action to adopt an indefinite ban on the operation of shared mobility devices.Redondo Beach staff has indicated they intend to present a similar ordinance that would prohibit shared mobility devices indefinitely. As previous Council direction indicated interest in moving forward with a pilot program in conjunction with neighboring cities,staff recommends that the Hermosa Beach City Council discuss and provide further direction to staff on whether there is interest to update the City’s shared mobility ordinance to: a.extend the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b.extend the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c.provide guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. 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 Beach 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 City of Hermosa Beach Printed on 3/6/2020Page 2 of 7 powered by Legistar™ Staff Report REPORT 20-0136 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. 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 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 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 City of Hermosa Beach Printed on 3/6/2020Page 3 of 7 powered by Legistar™ Staff Report REPORT 20-0136 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. In April 2019,Council received an update on the City’s implementation efforts related to the temporary ban and development of shared mobility guidelines for the South Bay Cities. ·Shared Mobility Ban Implementation and Enforcement Efforts-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. ·South Bay Shared Mobility Pilot Program 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,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. At that April 2019 meeting,Council provided direction to staff to pursue participation in a South Bay Shared Mobility Pilot Program with neighboring cities and return with a final set of guidelines and municipal code changes for Council consideration. In August 2019,Council extended the temporary ban on shared mobility devices for a period of six months and requested staff to return with quarterly updates on outreach and enforcement efforts.An update was provided at the December 17,2019 City Council meeting highlighting the City’s outreach and enforcement efforts. Discussion: Hermosa Beach’s neighboring cities of Manhattan Beach and Redondo Beach have not taken action to approve the South Bay Shared Mobility Guidelines and are not yet ready to participate in a shared mobility pilot program. The status of action on this topic by neighboring cities is provided below: ·Manhattan Beach-after extending their temporary ban on shared mobility devices (SMDs), Manhattan Beach passed an ordinance on February 4th indefinitely prohibiting the use of SMDs anywhere in the City. There are a few exceptions granted: City of Hermosa Beach Printed on 3/6/2020Page 4 of 7 powered by Legistar™ Staff Report REPORT 20-0136 1.Personally-owned devices are allowed. 2.Devices rented for 30+ days to the same person are allowed. 3.Devices rented from and returned to a City-approved “brick-and-mortar” location are allowed. Staff from Manhattan Beach has said that they may re-consider in the future once there are assurances that users are responsible for the devices and where they are parked. ·Redondo Beach-the topic of shared mobility devices and review of the draft South Bay Shared Mobility Guidelines was included on an August 2019 City Council Agenda.The Redondo Beach City Council deferred taking action at that time.In January 2019,Redondo Beach adopted an urgency ordinance prohibiting the placement or use of shared mobility devices in Redondo Beach and have indicated that they are working on an ordinance similar to Manhattan Beach, which would indefinitely ban Shared Mobility Devices. Since previous Council direction indicated interest in moving forward with a pilot program,only in conjunction with neighboring cities,staff recommends that the Hermosa Beach City Council discuss and provide further direction on and update to the City’s shared mobility ordinance.The City’s current ordinance will expire on April 10, 2020 unless extended or amended. Past Council Actions Meeting Date Description November 2017 Directed staff to r eturn 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. August 2018 Enacted a temporary ban for one year 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. April 2019 Received an update on the City’s imple mentation efforts and provided direction to staff to pursue participation in a South Bay Shared Mobility Pilot Program August 2019 Extended shared mobility ban for a period of six months. December 2019 Quarterly update on outreach and enforcement efforts provided City of Hermosa Beach Printed on 3/6/2020Page 5 of 7 powered by Legistar™ Staff Report REPORT 20-0136 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 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. City of Hermosa Beach Printed on 3/6/2020Page 6 of 7 powered by Legistar™ Staff Report REPORT 20-0136 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 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: There is no fiscal impact associated with this update. Attachments: 1.November 2017 Staff Report 2.August 2018 Staff Report 3.April 2019 Staff Report 4.August 2019 Staff Report 5.South Bay Shared Mobility Guidelines Draft Respectfully Submitted by: Leeanne Singleton, AICP, Environmental Analyst Concur: Landon Phillips, Lieutenant 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 3/6/2020Page 7 of 7 powered by Legistar™ 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. From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Friday, March 6, 2020 1:55 PM To: Ann Yang <anny@hermosabeach.gov>; City Council <citycouncil@hermosabeach.gov>; Suja Lowenthal <suja@hermosabeach.gov> Subject: New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) New eComment for City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Steve Collins submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 PM and Regular Meeting - 7:00 PM) Item: 6c) REPORT 20-0136 UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (Environmental Analyst Leeanne Singleton) eComment: Dear City Council and Staff, I hope this letter finds you well. The staff report on shared mobility for the March 10th Council meeting "Agenda Item 6C" correctly points out there is no support by neighboring cities for a regional scooter share or bike share program. This is born out of no support for the programs in general by the respective cities, due to serious concerns about dockless scooters and dockless bikes. Bike share is over, anyway. About a year ago the metric for measuring usage was changed to a more flattering uses-per-resident. Where bike share was ambitiously embraced by bike-friendly cities, the odds of using it on any given day have declined to about the same odds as having a sixth toe or sixth finger. That’s a real thing, sixth toe or finger, and it’s rare. With that level of participation, bike share in Hermosa Beach would morph instantly and almost entirely into recreational rentals, seriously harming our long established businesses serving that need already. Besides, recreational bike share is not a supported goal of shared mobility. Hermosa Cyclery is well aware that renting electric bikes is profitable. But we have chosen not to rent them because they would end up on The Strand and sidewalks where they are dangerous and not welcome. This would be a considerably bigger problem with e-bike share companies, who take the spaces they want, like it or not, and have little to no concern for the safety of our citizens. Scooter share is deceptively dangerous for riders and is a blight on cities. There is an abundance of concern from medical professionals about the physical harm they cause riders and pedestrians. Many professionals have identified motorized scooter share as a public health risk. By today’s sensibilities toward everything else we do, that is exactly right. It’s one of the biggest steps backwards in public safety in a generation. They are an immediate downgrade of a city’s walkability, because they are too dangerous to be ridden with cars in the street, 99% of the time bareheaded. So self-interested riders ride on the sidewalks, transferring a big part of their joy-riding risks to those of us walking. Walkers no longer trust sidewalks the same way. It may be too big of a leap forward for today, but the best form of last-mile transportation a city can advance is walking. The known health benefits of walking continue to mount. It’s good for the mind, health, environment, community and safety. I humbly suggest the City pivot away from the dangerous, blighting, passing mobility fads of today and look ahead to something bold and even more cutting edge, walking. Thanks, Steve Collins Hermosa Cyclery, Inc. 20 13th Street Hermosa Beach, CA 90254 Phone (310) 374-7816 x25 www.hermosacyclery.com City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0144 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 COUNCILMEMBER ARMATO REPORTS ON HER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION (ICA) WINTER SEMINAR IN SANTA BARBARA, CALIFORNIA FROM JANUARY 31-FEBRUARY 1, 2020 City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0145 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0146 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2020 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda City of Hermosa Beach Printed on 3/6/2020Page 1 of 1 powered by Legistar™ March 5, 2020 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council March 10, 2020 TENTATIVE FUTURE AGENDA ITEMS MARCH 24, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION MARCH 24, 2020 @ 7:00 PM PRESENTATIONS RECOGNIZING ELLS FREEMAN FOR HIS SERVICE TO THE CITY UPDATE FROM JIM FASOLA – CITY DELEGATE TO THE LOS ANGELES COUNTY WEST VECTOR & VECTOR-BORNE CONTROL DISTRICT BOARD OF TRUSTEES CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of January 15, 2020. Public Works Director Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of March 16, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Adoption of a resolution authorizing application for, and receipt of, a Local Early Action Planning (LEAP) Grant Community Development Director Staff Request Mar. 3, 2020 MUNICIPAL MATTERS Adoption of North School Neighborhood Transportation Management Plan (NTMP) Environmental Analyst Staff Request Feb. 12, 2020 Consideration of adoption of grievance procedure to resolve grievances arising under Title II of the Americans with Disabilities Act of 1990 (“ADA”) Human Resources Manager Staff Request Jan. 29, 2020 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Consideration of forming a joint Subcommittee of the City Council and Planning Commission to be part of a Zoning Code Assessment Working Group which would include Stakeholders Community Development Director/City Manager Council Direction Mar. 10, 2020 Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing MONDAY, MARCH 30, 2020 REVENUE STUDY SESSION TENTATIVE - SATURDAY, APRIL 4, 2020 CITY COUNCIL REREAT 2 APRIL 14, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION APRIL 14, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 3, 2020 Community Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for February 2020 Emergency Management Coordinator Ongoing Approval of a resolution ordering the preparation of a report for the annual levy of assessment within the Hermosa Beach Landscaping and Street Lighting District during FY 2020-2021 Public Works Director Annual Request for approval of Sponsorship donation to Mira Costa High School Grad Nite 2020 City Manager Annual MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing Upcoming Vacancies – Three Planning Commission terms expiring June 30, 2020 & Two Civil Service Board terms expiring July 15, 2020: Recommendation to direct the City Clerk to immediately advertise the upcoming board/commission term expirations and invite applications from all interested parties City Clerk 4-year terms OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing WEDNESDAY, APRIL 22, 2020 STUDY SESSION: FY 2020–2021 CAPITAL IMPROVEMENT PROGRAM APRIL 28, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION APRIL 28, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of April 21, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing PUBLIC HEARINGS – 7:30 PM Public Hearing on the Annual Levy for the Sewer Charge and Engineer’s Report 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 3 WEDNESDAY, MAY 6, 2020 STUDY SESSION MAY 12, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION MAY 12, 2020 @ 7:00 PM PRESENTATIONS MENTAL HEALTH AWARENESS MONTH 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 April 7, 2020 Community Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report March 2020 Emergency Management Coordinator Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing THURSDAY, MAY 21, 2020 STUDY SESSION: FY 2020–2021 BUDGET MAY 26, 2020 @ 6:00 PM INITIAL DATE CLOSED SESSION MAY 26, 2020 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 18, 2020. Public Works Director Ongoing Public Works Project Status Report Public Works Director Ongoing Hermosa Beach Landscaping and Street Lighting District 2020-2021 adoption of Resolutions regarding the Engineer’s Report and setting June 9, 2020 for a Public Hearing Public Works Director Annual Recommendation to receive and file the action minutes of the Planning Commission meeting of May 19, 2020. Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing South Bay Workforce Investment Board Quarterly Summary City Manager Quarterly 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 STATUS / TENTATIVE MEETING DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst CCA Direction, Dec. 2016 Environmental Analyst PENDING NEW ITEMS STATUS / TENTATIVE MEETING DATE Consideration of re-establishing, on an as needed basis, both funding and discretion for the director of Public Works to contract services to pump major beach storm outfalls drains prior to anticipated major storm events (supported by Duclos, Armato and Petty) Initiated by: Other Matters Feb. 14, 2017 Public Works Director Staff to provide an update on storm drain maintenance and provide details on hydrodynamic separators (CIP 435) at the following CIP study session Policy discussion regarding city responsibilities and expectations when donations are made to city Initiated by: Council Direction May 24, 2017 Finance Director Will be discussed at the Revenue Strategy Study Session Approval of the Municipal Lease Policy Initiated by: Staff Request Jun. 12, 2018 Community Resources Manager Document Retention Policy Initiated by: Staff Request Nov. 28, 2018 City Clerk Pending City Clerk Appointment Consent for use of “Lot B” for construction staging area for Pier/Strand project Initiated by: Staff Request Dec. 17, 2018 Community Development Director On hold per developer Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization) Initiated by: Council Direction Jul. 9, 2019 Public Works Director Add to Revenue Strategy Study Session Final Parcel Map No. 82295 for a two-unit residential condominium project at 1602 Loma Drive. Initiated by: Staff Request Oct. 10, 2019 Community Development Director Pending Coastal Development Permit Comprehensive Annual Financial Report (CAFR) (Including Report from Independent Auditor) Annual Item Finance Director Public Records Request Guidelines Initiated by: Staff Request Oct. 14, 2019 City Clerk/Assistant to the City Manager Pending City Clerk Appointment Measure H Grant Acceptance/Beach Cities Memorandum of Understanding Initiated by: Staff Request Assistant to the City Manager Pending action by City of Manhattan Beach Emergency Services Municipal Code Chapter 2.56 Update Initiated by: Staff Request Jan. 15, 2020 Emergency Management Coordinator Waiting for State to review proposed language changes Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans. Initiated by: Council Direction Jan. 28, 2020 Community Development Director Council directed staff to bring item back in June 2021 Dissolution of Memorandum of Understanding for the Stormwater Infiltration Project Initiated by: Staff Request Jan. 29, 2020 Environmental Programs Manager City Council Regular Meeting Agenda March 10, 2020 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS I call to order the March 10th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Do we have any speaker cards? If there’s anyone else that would like to speak, please come forward. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 20-0147 MINUTES: Approval of minutes of Closed Session held on February 25, 2020. 2. 20-0149 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 ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda March 10, 2020 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the March 10th 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? Reminder: Census 2020 - In mid-March, homes across the country will begin receiving invitations to complete the 2020 Census. Once the invitation arrives, you should respond for your home in one of three ways: online, by phone, or by mail. When you respond to the census, you’ll tell the Census Bureau where you live as of April 1, 2020. APPROVAL OF AGENDA Is there a motion to approve the agenda? PROCLAMATIONS / PRESENTATIONS a) 20-0141 BEACH CITIES HEALTH DISTRICT UPDATES ON THE CORONAVIRUS AND THE HEALTHY LIVING CAMPUS • City Clerk reads title • Invite Tom Bakaly and Jacqueline Sun from BCHD to podium to give presentation • City Council Questions for BCHD b) 20-0142 RECOGNIZING LOCAL WOMEN’S ORGANIZATIONS AND WOMEN BUSINESS OWNERS AS PART OF WOMEN’S HISTORY MONTH AND INTERNATIONAL WOMEN’S DAY CELEBRATIONS • City Clerk reads title • Mayor Campbell comments & presentation City Council Regular Meeting Agenda March 10, 2020 • Mayor presents certificates and roses to local women’s organizations • Photo opportunity MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Suja, please provide your City Manager Updates: a) UPDATE ON CITY’S ROLE DURING CORONAVIRUS HEALTH EMERGENCY b) HAZARD MITIGATION GRANT c) UPDATE ON THE SAFER PROSPECT PROJECT d) UPDATE ON CITY’S A/V PROJECT PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. UNDER ORAL AND WRITTEN COMMUNICATIONS, If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. This is the time for members of the public to address the Council on any items within the Council's jurisdiction not on this agenda, OR items on this agenda as to which public comment will not be taken, OR to request the removal of an item from the consent calendar. Public comments on agenda items called Miscellaneous Items and Reports – City Council and Other Matters, which are at the end of the agenda, will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: 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 City Council Regular Meeting Agenda March 10, 2020 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 20-0150 Recommendation:Staff recommends that the City Council receive and file the following minutes: 1. January 14, 2020 Special Meeting (Closed Session) 2. January 14, 2020 Regular Meeting Attachments: 1. 01-14-2020 CC Spc Mtg Min.pdf 2. 01-14-2020 CC Reg Mtg Min.pdf b) REPORT CHECK REGISTERS 20-0128 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 02-20-2020 2. 02-27-2020 c) REPORT ACTION MINUTES OF THE PARKS, RECREATION AND 20-0134 COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2020 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2020. Attachments: PR Minutes 2.04.2020 d) REPORT LOS ANGELES COUNTY FIRE DEPARTMENT 20-0143 AND MCCORMICK AMBULANCE MONTHLY REPORT OF JANUARY 2020 Recommendation:Staff recommends that the City Council receive and file the Los Angeles County Fire Department and McCormick Ambulance Monthly Report of January 2020. Attachments: Fire and ambulance monthly report_Jan. 2020.pdf e) REPORT 2018 STATE HOMELAND SECURITY 20-0067 PROGRAM SUBRECIPIENT AGREEMENT (Interim Police Chief Michael McCrary) Recommendation:Staff recommends that the City Council: 1. Accept $70,199 in grant funds from the County of Los Angeles for the 2018 State Homeland Security Program; 2. Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3. Approve estimated revenue of $70,199 in the Grant Fund; 4. Appropriate $70,199 in grant funds to the Police Department budget for fiscal year 2019-20 for the purchase of interoperable radio equipment; and, 5. Authorize the purchase of radio equipment, not to exceed $70,199. City Council Regular Meeting Agenda March 10, 2020 Attachments: 2018 Homeland Security Program Subrecipient Agreement f) REPORT AWARD OF CONSTRUCTION CONTRACT FOR THE 20-0121 COMMUNITY CENTER TENNIS COURTS RESURFACING (Public Works Director Marnell Gibson) Recommendation:Staff recommends that the City Council: 1. Award the construction contract for the Community Center Tennis Courts Resurfacing in the amount of $37,680; 2. Authorize the Director of Public Works to establish a 15% project contingency for a total construction budget of $43,332; 3. Adopt the attached resolution entitled, "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of the Community Center Tennis Courts Resurfacing Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account;" 4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Attachments: 1. Bid Opening Log 2. Trueline's Submitted Bid 3. Draft Resolution 4. Draft Agreement g) REPORT APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING 20-0137 MARCH 20, 2022 WITH THE HERMOSA BEACH EDUCATION FOUNDATION (HBEF) FOR ITS ANNUAL “HEARTS OF HERMOSA” EVENT HELD AT THE COMMUNITY CENTER PARKING LOT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve a three-year agreement expiring March 20, 2022 with the Hermosa Beach Education Foundation (HBEF) for its annual "Hearts of Hermosa" event, held at the Community Center parking lot. Attachments: 1. Agreement with HBEF 2. 2020 "Hearts of Hermosa" Special Event Application h) REPORT SECOND AMENDMENT TO THE CONTRACT FOR THE CITY YARD 20-0132 REMEDIATION PROJECT (CIP NO. 615) BETWEEN THE CITY OF HERMOSA BEACH AND DUDEK (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council: 1. Approve the Second Amendment of the agreement with Dudek for environmental remediation services at the City Yard; and 2. Authorize the City Manager to execute the amendment. Attachments: 1. PSA DUDEK 2. Corrective Action Plan - Hermosa Beach City Yard City Council Regular Meeting Agenda March 10, 2020 3. Dudek Amendment and Proposal 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 ADOPTION OF RESOLUTION APPROVING THE 20-0129 ALLOCATION OF APPROXIMATELY $63,710 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS ALONG PROSPECT AVENUE, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the FY 2020-21 budget resolution approving the FY 2020-21 CDBG allocation of approximately $63,710; 2. Approve the allocation of approximately $63,710 of Federal CDBG funds in FY 2020-21 for the Americans with Disability Act (ADA) sidewalk ramp project along Prospect Avenue; 3. Authorize the use of CDBG funds in FY 2020-21 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services, including, but not limited to, construction management and inspections; and 4. Grant the Public Works Director authority to submit a notice of completion once work is complete. Attachments: 1. Draft Resolution Approving FY 2020-2021 Budget for Sidewalk Curb Ramps 2. CBDG Proposed Curb Ramp Locations along Prospect Avenue b) REPORT CONSIDERATION OF TEXT AMENDMENT TO THE M-1 20-0135 LIGHT MANUFACTURING ZONE INCLUDING A LIMITED EVENT PERMIT FOR CYPRESS DISTRICT BUSINESSES (Continued from meeting of February 25, 2020) (Community Development Director Ken Robertson) Since the February 25 meeting, we’ve received Supplemental communication from Jessie Accamando, Maria Cracknell, Kent Allen, Patti Astor, Howard Longacre, Steve Collins, Aileen Martin, Jed Sanford, Ellen Wroe and supplemental communication from the City Attorney’s office to the FPPC. City Council Regular Meeting Agenda March 10, 2020 Recommendation:Staff recommends that the City Council continue the public hearing to a future meeting. Attachments: 1. Proposed Ordinance 2. Proposed Fee Resolution 3. Link to 7-23-19 City Council Meeting 4. Link to 8-20-19 Planning Commission Meeting 5. Link to 11-7-19 Planning Commission Study Session Meeting 6. Link to 12-9-19 Planning Commission Meeting 7. Link to 1-21-20 Planning Commission Meeting 8. Public Notice Sent to Businesses and Property Owners 9. City Council staff report and minutes for Consideration of Similar Use Provision for M-1 Zoned Property for Architect Studio dated August 8, 2000 10. Email from David Grethen regarding Limited Events Frequency dated January 22, 2020 11. SUPPLEMENTAL 86 eComments as of 02-25-20 at 4pm 12. SUPPLEMENTAL Email and Attachments from Kent Allen (submitted 02-25-20 at 12:46pm) 13. SUPPLEMENTAL Letter from Jed Sanford re CEQA (submitted 02-25-20 at 2:36pm) 14. SUPPLEMENTAL Letter from Jed Sanford re Conflict of Interest (submitted 02-25-20 at 2:36pm) 15. SUPPLEMENTAL Letter from Jed Sanford re Integrity (submitted 02-25-20 at 2:36pm) 16. SUPPLEMENTAL Letter from Phyllis Pennings (submitted in person on 02-25-20) 16. SUPPLEMENTAL Memo from Community Development Director Ken Robertson (added 2-25-20 at 6:10pm) 6. MUNICIPAL MATTERS a) REPORT PURCHASE OF POLICE DEPARTMENT VEHICLES 20-0119 (Lt. Phillips is here to provide the report) Recommendation:Staff recommends that the City Council authorize the purchase of the following vehicles to replace vehicles approved for replacement through the Fiscal Year 2019-20 budget process: 1. One 2020 Ford Utility Hybrid to replace a Ford Crown Victoria; 2. One 2020 Ford Utility to replace a Ford Crown Victoria; 3. One 2020 Jeep Wrangler to replace a Ford Escape; 4. One 2020 Ford F-150 to replace a Ford F-150 Pick-up truck; 5. One Tesla Model 3 to replace a Dodge Charger; and 6. One 2020 Toyota Rav4 Hybrid to replace Community Services' Go-4 vehicle. Attachments: 1. National Auto Fleet - vehicle quotes 2. SBRPCA outfitting quotes 3. Tesla quote City Council Regular Meeting Agenda March 10, 2020 b) REPORT APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) 20-0133 BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP (Environmental Programs Manager Douglas Krauss) Recommendation:Staff recommends that the City Council adopt a Resolution approving the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. Attachments: 1. Hermosa Ave Site Map 2. Reso18-7117 Ocean Protection Council 3. Torrance Grant Agreement 4. Beach Cities Green Street Projects Map 5. Green Streets MOU c) REPORT UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF 20-0136 DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH (Environmental Analyst Leeanne Singleton) We received a supplemental eComment from Steve Collins on March 6 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; and 2. Provide direction to staff to prepare an update to the City's shared mobility ordinance that either: a. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach temporarily; b. extends the ban on the deployment and operation of scooters/bikeshare within the City of Hermosa Beach indefinitely; or c. provides guidelines and regulations for shared mobility operations that would allow operations in the City of Hermosa Beach. Attachments: 1. November 2017 Staff Report 2. August 2018 Staff Report 3. April 2019 Staff Report 4. August 2019 Staff Report 5. South Bay Shared Mobility Guidelines.pdf City Council Regular Meeting Agenda March 10, 2020 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 20-0144 COUNCILMEMBER ARMATO REPORTS ON HER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION (ICA) WINTER SEMINAR IN SANTA BARBARA, CALIFORNIA FROM JANUARY 31-FEBRUARY 1, 2020 b) 20-0145 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 20-0146 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf ADJOURNMENT Tonight’s meeting is adjourned. [No need to adjourn to next regular meeting of March 24]