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HomeMy WebLinkAbout05-13-2021 - Agenda Pkg - CC Adjourned Regular MeetingThursday, May 13, 2021 5:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City Council Mayor Justin Massey Mayor Pro Tem Michael Detoy Councilmembers Stacey Armato Mary Campbell Adjourned Meeting Agenda Study Session: Hermosa S.H.I.N.E.S.- 5:00 P.M. Closed Session - 6:30 P.M. Regular Meeting - 7:00 P.M. Duly Posted on May 7, 2021 at 12:25 a.m. by E.S. Executive Team Eduardo Sarmiento, City Clerk Viki Copeland, Finance Director Marnell Gibson, Public Works Director Paul LeBaron, Chief of Police Angela Crespi, Deputy City Manager Ken Robertson, Community Development Director Vanessa Godinez, Human Resources Manager John Jones, Interim Community Resources Manager City Treasurer Karen Nowicki City Attorney Michael Jenkins Suja Lowenthal, City Manager PLEASE NOTE: This is a full Packet including all pages and sub-pages, of all staff-reports and other materials of each agenda item as if physically stacked together and represents the complete agenda Packet as a single PDF file as of the date and time the agenda was initially posted (unless otherwise indicated here). It is meant to be an aid, but not intended as a replacement for the 'Living' agenda. This full Packet does not contain additions, modifications, or supplementals that have been added after the first posting of the 'Living' agenda unless indicated here. 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Agenda Item No. Starting Page Ending Page Agenda 115 HERMOSA SHINES PLAN 16 88 COVID‐19 UPDATE BCHD 89 89 RECOGNIZING NATIONAL POLICE WEEK  MAY 9−15, 2021 90 90 RECOGNIZING NATIONAL PUBLIC WORKS  WEEK MAY 16−22, 2021 91 91 CITY MANAGER REPORT COVID‐19 Update 92 92 UPDATE FROM CHIEF LEBARON ON  ENFORCEMENT MEASURES 93 93 WRITTEN COMMUNICATION 94 103 UPDATES FROM AD HOC COMMITTEES 104 104 Consent Calendar 11a 105 118 11b 119 138 11c 139 142 11d 143 153 11e 154 162 11f 163 182 PUBLIC HEARING 13a 183 206 13b 207 214 Municipal Matters 14a 215 255 14b 256 276 FUTURE AGENDA ITEMS 15a 277 283 City Council Adjourned Regular Meeting Agenda Packet May 13, 2021City Council Adjourned Meeting Agenda VIEWING OPTIONS FOR PUBLIC MEETINGS Public meetings are broadcast live on Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach. Additional viewing options are provided as a courtesy. ZOOM: Join the meeting link if available or participate by phone YOUTUBE CHANNEL: www.youtube.com/channel/UCaiZxw06ue-Tgc8DmXYzh2Q CITY WEBSITE: www.hermosabeach.gov and visit the Agendas/Minutes/Videos page ***PLEASE NOTE: IF YOU EXPERIENCE TECHNICAL DIFFICULTIES WHILE VIEWING THE MEETING ON ONE OF THESE PLATFORMS, PLEASE TRY ONE OF THE OTHER VIEWING OPTIONS*** Page 2 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda 5:00 P.M. – STUDY SESSION I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. ANNOUNCEMENTS V. PUBLIC PARTICIPATION JOIN THE VIRTUAL MEETING AT: https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09 OR PARTICIPATE BY PHONE: •Toll Free: 877-853-5257 •Meeting ID: 870 3278 5286, then # •Passcode: 513185 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. 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. Comments from the speaker are limited to three minutes per speaker. VI. OPENING REMARKS (Suja Lowenthal) a.REPORT 21-0264 HERMOSA SHINES PLAN FOR COMMUNITYWIDE REOPENING, RECOVERY, AND RESILIENCE (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council receive an oral presentation regarding the Hermosa SHINES Plan for Communitywide Reopening, Recovery, and Resilience. Attachment 1 - Hermosa SHINES Plan Attachment 2 - Ordinance Preview Copy Attachments: VII. COUNCIL QUESTIONS/COMMENTS VIII. PUBLIC PARTICIPATION IX. RECESS TO CLOSED SESSION Page 3 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda 6:30 P.M. - CLOSED SESSION I. CALL TO ORDER II. ROLL CALL III. PUBLIC COMMENT JOIN THE VIRTUAL MEETING AT: https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09 OR PARTICIPATE BY PHONE: •Toll Free: 877-853-5257 •Meeting ID: 870 3278 5286, then # •Passcode: 513185 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. IV. RECESS TO CLOSED SESSION a.21-0284 MINUTES: Approval of minutes of Closed Session held on April 13, 2021. b.21-0283 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. i.Name of Case (State): Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 Court of Appeal Case No. B309731 ii.Name of Case (Federal): Hermosa Fitness LLC v. City of Hermosa Beach United States District Court, Case Number: 2:19-cv-08666 -CAS-AFMx V. RECESS TO OPEN SESSION Page 4 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda 7:00 P.M. - REGULAR AGENDA PUBLIC COMMENT City Hall will be closed to the public until further notice. Virtual Meetings are held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020. Members of the public may email comments to Esarmiento@hermosabeach.gov or submit eComments until 3:00 p.m. on the meeting date. Members of the public may also participate by phone. JOIN THE VIRTUAL MEETING AT: https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09 OR PARTICIPATE BY PHONE: •Toll Free: 877-853-5257 •Meeting ID: 870 3278 5286 •Participant ID: 513185 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. 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 (esarmiento@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 esarmiento@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. Page 5 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. CLOSED SESSION REPORT V. ANNOUNCEMENTS - UPCOMING CITY EVENTS VI. APPROVAL OF AGENDA:This is the time for the City Council to change the order in which it takes up items on this agenda, remove and/or continue agenda items and pull items from the consent calendar for separate consideration. VII. PROCLAMATIONS / PRESENTATIONS a.21-0278 COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT b.21-0279 RECOGNIZING NATIONAL POLICE WEEK MAY 9−15, 2021 c.21-0265 RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 16−22, 2021 VIII. CITY MANAGER REPORT - The City Manager and staff may provide brief reports on pending City business. Longer oral reports to be provided are as follows: a.21-0266 COVID-19 UPDATE b.21-0267 UPDATE FROM CHIEF LEBARON ON ENFORCEMENT MEASURES Page 6 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda IX. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC: 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 (City Manager Reports, City Councilmember Reports Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called City Manager Reports, City Councilmembers Reports, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Municipal Matters. All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Council may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. a.21-0268 WRITTEN COMMUNICATION Recommendation:Staff recommends City Council receive and file the written communication. 1. WRITTEN COMMUNICATION from Tony Higgins (Submitted 4-29-21 at 10.53 a.m.) 2. WRITTEN COMMUNICATION from Matt McCool (Submitted 5-4-21 at 11.47 a.m.) Attachments: X. CITY COUNCILMEMBER COMMENTS: Councilmembers may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own activities or meetings attended. a.21-0269 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Page 7 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda XI. CONSENT CALENDAR: The following matters will be acted upon collectively with a single motion and vote to approve with the majority consent of the City Council. Councilmembers may orally register a negative vote on any consent calendar item without pulling the item for separate consideration prior to the vote on the consent calendar. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar, either under Approval of the Agenda or under this item prior to the vote on the consent calendar. Items removed will be considered under Agenda Item XII (12), with public comment permitted at that time. The title is deemed to be read and further reading waived of any ordinance listed on the consent calendar for introduction or adoption. a.REPORT 21-0270 CITY COUNCIL MEETING MINUTES (City Clerk Eduardo Sarmiento) Recommendation:Staff recommends City Council approve the following minutes: 1. April 27, 2021 Regular City Council Meeting 2. April 21, 2021Adjourned Meeting CIP Study Session 1. 04-27-21 Regular City Council Mtg. Minutes 2. 04-21-21 Adjourned City Council Mtg Mintues (Captial Improvement Study Session) Attachments: b.REPORT 21-0261 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends City Council ratify the following check registers. 1. 4-15-21 2. 4-22-21 3. 4-28-21 Attachments: c.REPORT 21-0259 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 12, 2021 (Interim Community Resources Manager John Jones) Recommendation:Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 12, 2021. PR Minutes 04.12.2021Attachments: d.REPORT 21-0185 LOS ANGELES COUNTY FIRE SERVICES AND AMBULANCE MONTHLY REPORT FOR MARCH 2021 (Emergency Management Coordinator Brandy Villanueva) Recommendation:Staff recommends City Council receive and file the March 2021 Fire and Ambulance monthly report. Fire and ambulance monthly report_March 2021Attachments: Page 8 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda e.REPORT 21-0263 APPROVAL OF THE MEMORANDUM OF AGREEMENT BETWEEN AND AMONG THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, THE LOS ANGELES POLICE DEPARTMENT, AND JRIC PARTICIPATING AGENCIES FOR PALANTIR DATA SHARING (Police Chief Paul LeBaron) Recommendation:Staff recommends City Council: 1. Approve the Memorandum of Agreement between and among the Los Angeles County Sheriff's Department, the Los Angeles Police Department, and various participating agencies within the Joint Regional Intelligence Center (JRIC) Operational Area for Palantir Data Sharing; and 2. Authorize the Mayor to execute the agreement. Memorandum of Agreement Palantir Data Sharing -LASD,LAPDAttachments: f.REPORT 21-0281 CONSIDERATION OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND GLEOW LLC TO PROVIDE EXECUTIVE COACHING SERVICES (City Manager Suja Lowenthal) Recommendation:Staff recommends City Council: 1. Approve the first amendment with GLEOW LLC for Executive Coaching Services; and 2. Authorize the City Manager to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney (Attachment 1). 1. Draft First Amendment to GLEOW LLC Contract.pdf 2. 2020 GLEOW LLC Contract.pdf Attachments: XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION - Items pulled from the Consent Calendar will be handled separately. Public comment will be taken prior to Council deliberation and action on each item pulled from the Consent Calendar. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. a.REPORT 21-0258 PUBLIC HEARING ON THE ANNUAL LEVY FOR THE SEWER CHARGE AND ENGINEER’S REPORT (Public Works Director Marnell Gibson) Recommendation:Staff recommends City Council open the public hearing, and: 1. Make a finding that there is no majority protest by parcel owners within the City of Hermosa Beach; and 2. Adopt the enclosed resolution, with attached Engineer's Report, and place the sewer service charge on the annual County of Los Angeles Tax Roll. 1. Engineers Report draft 2. Resolution.pdf 3. Notice of Public Hearing Attachments: Page 9 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda b.REPORT 21-0271 ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 9.42 TO THE HERMOSA BEACH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF FIREARMS IN A RESIDENCE (City Clerk Eduardo Sarmiento) Recommendation:Staff recommends City Council: 1. Conduct the Public Hearing; and 2. Waive full second reading and adopt by title Ordinance No. 21-1429. Hermosa Beach Safe Gun Storage OrdinanceAttachments: XIV. MUNICIPAL MATTERS a.REPORT 21-0282 CONSIDERATION OF CONFIRMING CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES EXECUTIVE ORDER NO. 2021-13 RELATED TO THE USE OF FACE COVERINGS, 2021-14 TO REOPEN CITY FACILITIES, AND 2021-15 TO PROVIDE RELIEF TO LOCAL BUSINESS ASSOCIATED WITH THE PAYMENT OF CITY BUSINESS TAXES (City Attorney Michael Jenkins) Recommendation:Staff recommends City Council confirm: 1. City Manager/Director of Emergency Services Order No. 2021-13, to terminate and superseded regulations requiring members of the public to wear face coverings to align with the regulations issued by the Los Angeles County Public Health Department (Attachment 1); 2. City Manager/Director of Emergency Services Order No. 2021-14, to reopen City facilities to members of the public (Attachment 2); and 3. City Manager/Director of Emergency Services Order No. 2021-15, to provide relief to local businesses associated with the payment of City business taxes (Attachment 3). 1. Executive Order 2021-13 Use of Face Coverings 2. Executive Order 2021-14 Reopening City Hall & City Facilities 3. Executive Order 2021-15 Relief from Business Taxes Attachments: Page 10 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda b.REPORT 21-0276 APPROVAL OF FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA TO EXTEND THE AGREEMENT BY ONE YEAR, THROUGH 2022, AS A RESULT OF THE COVID-19 PANDEMIC (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council approve the proposed first amendment to an agreement with the Hermosa Beach Chamber of Commerce to provide Fiesta Hermosa events to extend the agreement by one year, through 2022, as a result of the COVID-19 pandemic. 1. Agreement with the Hermosa Beach Chamber of Commerce 2. First Amendment to Agreement with the Hermosa Beach Chamber of Commerce Attachments: XV. FUTURE AGENDA ITEMS - Requests from Councilmembers for possible future agenda items and questions from Councilmembers regarding the status of 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. The existing list of future agenda items below is for information only. a.21-0280 TENTATIVE FUTURE AGENDA ITEMS Tentative Future Agenda.pdfAttachments: XVI. ADJOURNMENT Page 11 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: May 25, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting May 26, 2021 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Budget Study Session June 8, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting (Budget Adoption) June 22, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting July 13, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting July 22, 2021 - Thursday - Adjourned Regular Meeting: 6:00 PM - Joint Meeting with all Boards/Commissions July 27, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 10, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 24, 2021 - Tuesday - No Meeting (Dark) September 14, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting September 28, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting October 12, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting October 23, 2021 - Saturday - Adjourned Regular Meeting: 9:00 AM - City Council Retreat October 26, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting November 9, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting (Mayor Transition) November 23, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting December 14, 2021 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting December 28, 2020 - Tuesday - No Meeting (Dark) Page 12 City of Hermosa Beach Printed on 5/7/2021 May 13, 2021City Council Adjourned Meeting Agenda BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: May 18, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting May 19, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting June 1, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 7, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting June 15, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting July 6, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 12, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting July 21, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting July 20, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting August 2, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting August 3, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 17, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting September 9, 2021 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 13, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting September 21, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting September 15, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting October 4, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting October 5, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 19, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting November 1, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting November 2, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 16, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting November 17, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting December 6, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting December 7, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 13, 2021 - Monday - 6:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: May 31, 2021 - Monday - Memorial Day July 5, 2021 - Monday - Independence Day Observed September 6, 2021 - Monday - Labor Day November 11, 2021 - Thursday - Veteran's Day November 25, 2021 - Thursday - Thanksgiving Day Page 13 City of Hermosa Beach Printed on 5/7/2021 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0264 Honorable Mayor and Members of the Hermosa Beach City Council Study Session of May 13, 2021 HERMOSA SHINES PLAN FOR COMMUNITYWIDE REOPENING, RECOVERY, AND RESILIENCE (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council receive an oral presentation regarding the Hermosa SHINES Plan for Communitywide Reopening, Recovery, and Resilience. Executive Summary: As COVID-19 vaccination rates continue to rise and infection and hospitalization rates continue to decline,the City of Hermosa Beach is actively planning for the safe reopening of City facilities and the community at large.To guide the coordination of numerous department initiatives,staff has developed a communitywide reopening, recovery, and resilience plan entitled Hermosa SHINES. The Hermosa SHINES Plan (Attachment 1)emphasizes the critical areas of safety,health, infrastructure,new technology,economic development,and service.It also provides details on how the City will safely restore in-person services inside City Hall and City facilities and continue to offer virtual/online services for the convenience of the community.The Hermosa SHINES Plan includes reference to various strategies,initiatives,programs,and legislative matters which have been completed,are in process,or will be brought forward in the near future.Theis study session provides an opportunity for City Council and staff to review details of the plan and discuss next steps. Background: Following the State of California declaration of a State of Emergency on March 12,2020,and the Los Angeles County declaration of a local and health emergency on March 4,2020,the Hermosa Beach City Council and City Manager/Director of Emergency Services worked quickly to protect residents, staff, and businesses. On March 15,2020,Mayor Mary Campbell officially declared a local emergency in Hermosa Beach. At a special meeting on March 16,2020,the City Council adopted Resolution No.20-7230,approving and ratifying the declaration of emergency and ordering closures including:bars;onsite dining;gyms and fitness facilities;and play structures.The resolution also prohibited formal and informal group activities,sports and games,and ordered the placement of signage in specified public places City of Hermosa Beach Printed on 5/7/2021Page 1 of 5 powered by Legistar™ Staff Report REPORT 21-0264 activities,sports and games,and ordered the placement of signage in specified public places notifying the public of closures and social distancing requirements. On April 22,2020,the City Manager issued Executive Order No.2020-01 memorializing many closure actions including cancellation of non-essential large public events,senior and community programs,and limitations on public access to City facilities (effective March 12,2020);closure of City Hall (effective March 16,2020);and closure of the beach and Strand (effective March 27,2020) among many others. During the physical closure of City Hall,staff has been diligently working to safely and effectively provide City services on a non-contact basis.The expansion of online services and establishment of drop-off locations for plans and permits facilitated the continuation of City Hall operations.Police and community services officers,inspectors,public works crews,and other frontline workers continued to report to work in person to protect and maintain the City. As County and State protocols began to impact local business,the City worked quickly to create temporary permit programs for outdoor dining and seating,as well as outdoor retail display to assist in the reopening of restaurants,food,and retail.Our business owners showed great resilience in adapting to the guidelines by embracing new ways of receiving customers, operating, and marketing. The change in operations resulted in changed outdoor environments.Outdoor retail and dining invited more pedestrian and non-motorized traffic in our commercial areas during the day.In the late night hours,Hermosa Beach Police Department saw the need for staffing and calls for service in the downtown area reduce significantly.The reduced strain on City resources to maintain public safety and quality of life in the downtown area allowed for an increased focus on proactive policing programs and increased patrol of our residential areas. The City of Hermosa Beach has maintained a comprehensive approach to addressing the needs of residents,staff,visitors,and businesses.Actions ranging from eviction moratoriums to facilitating the outdoor expansion of dining areas have protected the health,safety,and economic vitality of the community.Each of these actions required the careful coordination of each City department and the support of City Council.The reopening of various sectors within the community will require the same coordination and planning. Discussion: Staff is prioritizing limited time and resources toward the safe and coordinated reopening,recovery, and resilience of Hermosa Beach.The Hermosa SHINES Plan is the consolidation of ongoing and planned initiatives and projects from all City departments and will serve as a guide for work in the next 12 to 18 months. The word SHINES,not only represents Hermosa’s sunny weather and City seal,but is also an City of Hermosa Beach Printed on 5/7/2021Page 2 of 5 powered by Legistar™ Staff Report REPORT 21-0264 The word SHINES,not only represents Hermosa’s sunny weather and City seal,but is also an acronym representing the six critical elements of safety,health,infrastructure,new technology, economic development,and service.By focusing efforts on these six critical elements,the plan serves as a strategic guide to ensure that the community moves forward in a positive,cohesive,and forward-thinking way. The Hermosa SHINES Plan includes reference to various strategies,initiatives,programs,and legislative matters which have been completed,are in process,or will be brought forward in the near future.At the regular City Council meeting held on April 27,2021,staff presented an urgency ordinance to temporarily allow limited live and recorded music outdoors,or indoors with windows and doors open,at commercial establishments.This evening,City Council will be presented with executive orders to reopen City facilities to members of the public and to align our local face covering regulations with new guidance.In the next few months,staff will present an ordinance to address the adverse impacts associated with late-night alcohol establishments and revisit the temporary outdoor dining and lane reconfiguration.Each of these items represents a part of the overall communitywide reopening, recovery, and resiliency efforts. In order to facilitate discussion,staff has provided a preview copy of the ordinance scheduled for introduction and first reading at the Regular Meeting of the City Council to be held on May 25,2021 ( Attachment 2).Staff will recommend this ordinance as means to take the lessons learned during the COVID-19 pandemic about late-night alcohol related activity and address the long-standing safety and quality of life issues in late-night downtown.The intent is to promote the continuation of a downtown area that is safe and inviting for residents and visitors of all ages. While the pandemic showed us what a new and better normal could look like in late-night downtown, the basis for the proposed ordinance most recentlyevolves from strategies proposed and presented by the Downtown Subcommittee at the regular Meeting of the City Council on October 10,2017. Relying upon the City’s past Sociable City assessment (Responsible Hospitality Institute,2014), Downtown Core Revitalization Strategy (Roma Design Group,2014),and Late Night Action Plan (2012),the committee proposed a comprehensive four-pronged strategy for improving the downtown’s overall environment and mitigating negative impacts of late night activities.The initial strategies for the downtown included the following: Track 1: Crime Prevention through Environmental Design (CPTED); Track 2: Enhanced Enforcement Presence/Prevention through Education; Track 3: Land Use/Economic Vitality and Incentives; and Track 4: Compliance Mechanisms/Legislative Tools. Initiatives such as efforts to improve cleanliness;enhanced lighting;parking lot improvements; enforcement and education measures;support for community events;and economic development strategies have been deployed or are well in progress.The proposed ordinance presents anCity of Hermosa Beach Printed on 5/7/2021Page 3 of 5 powered by Legistar™ Staff Report REPORT 21-0264 strategies have been deployed or are well in progress.The proposed ordinance presents an additional compliance mechanism and legislative tool,to be coupled with the existing Conditional Use Permits,as identified as necessary by the subcommittee.Dissemination of this preview copy is intended to allow additional time for residents and businesses to review the ordinance language in advance of the proposed first reading and City Council consideration of the ordinance. The Hermosa SHINES Plan also includes details on how the City will safely restore in-person services inside City Hall and City facilities while continuing to offer virtual/online services for the convenience of the community.The pandemic has led to some positive enhancements to City services including the expansion of online services and opportunities for remote public participation in meetings.The intent is to continue to take advantage of these technologies and tools to augment in- person services,so that City services and functions are convenient and efficient for customers and the community. The Los Angeles County Department of Public Health is currently in the Yellow Tier of the State’s Blueprint for a Safer Economy framework,which lifts some of the local activity-specific restrictions. The County releases and continually updates reopening protocols for a variety of sectors including retail,personal care establishments,day camps,youth/adult sports leagues,and many more.These protocols outline public health modifications to assist community sectors to remain in compliance with the County of Los Angeles Health Officer Order. The following issues are critical and must be addressed to ensure that staff,vendors/contractors,and visitors continue to practice protocols designed to reduce the risk of spread of COVID-19,as the City and County continue to transition through the reopening of the economy. 1. Protecting and supporting employee and customer health; 2. Ensuring appropriate physical distancing; 3. Ensuring proper infection control; 4. Communicating with the public; and 5. Ensuring equitable access to services. Classified as an essential business,the City of Hermosa Beach is expected to adhere to Appendix D: Reopening Protocols for Office Based Workspace.The protocol currently requires six feet of physical distancing between staff workstations,requires the continual wearing of face masks,as well as daily screenings of staff,vendors/contractors,and visitors.The protocol also limits the maximum occupancy for worksites and recommends the continuation of remote working capabilities when possible. In order to accommodate customers who prefer to visit City Hall in person,while ensuring that current workplace protocols are met for the health and safety of staff and customers,staff will begin providing City of Hermosa Beach Printed on 5/7/2021Page 4 of 5 powered by Legistar™ Staff Report REPORT 21-0264 limited in-person services, by appointment only, beginning Monday, May 17, 2021. As Public Health continues to update Appendix D,the City will continually review and implement required and necessary changes to ensure the health and safety of staff,vendors/contractors,and visitors.As long as California infection and hospitalization rates continue to decline and vaccinations remain available, the Governor has indicated that California may fully reopen by June 15, 2021. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 2. The community is active and engaged in decision-making processes. Policies: ·2.1 Multiple outreach methods.Consistently engage in community outreach through neighborhood forums,social media,the latest technologies,personal interaction,and other methods on a regular basis. Goal 8. A performance-based management and benchmarking program. Policies: ·8.3 Consistency among plans.Require other City plans and implementation mechanisms to demonstrate their consistency with this Plan. Fiscal Impact: There are no fiscal implications directly attributed to recommendations in this report.However,the City initially incurs all costs related to COVID-19 Pandemic response.Additional costs associated with modifying operations to accommodate COVID-19 protocols may be necessary,including for signage,cleaning supplies,face coverings,and additional janitorial services.These costs would be incurred within the FY 2020-21 Adopted Budget or included in the FY 2021-22 Preliminary Budget. Staff will pursue all opportunities for cost recovery for these expenses. Attachments: 1.Hermosa SHINES Plan 2.Ordinance Preview Copy Respectfully Submitted by: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 5 of 5 powered by Legistar™ Message from the City Manager _________________________________________________ 1 City Mission, Vision, and Guiding Principals ________________________________________ 4 Background and Summary _______________________________________________________5 Hermosa SHINES Plan Objectives __________________________________________________8 Objective 1: Safety ______________________________________________________ 8 Objective 2: Health ______________________________________________________ 11 Objective 3: Infrastructure________________________________________________ 13 Objective 4: New Technology_____________________________________________ 15 Objective 5: Economic Development _____________________________________ 17 Objective 6: Service _____________________________________________________ 20 City Hall & City Facilities Reopening ______________________________________________22 Appendix I - COVID-19 Pandemic Response Completed Efforts ____________________30 Appendix II - General Plan Consistency __________________________________________ 38 A Communitywide Reopening, Recovery, and Resilience Plan Page 1 Dear Hermosa Beach Community: After more than a year of navigating the uncharted territory presented by the COVID- 19 pandemic, we look optimistically forward to the days ahead and to reopening our community and our local economy. While we look forward, we also want to acknowledge the great hardships and devastating losses so many members of our community have experienced during this time. To all of those who have experienced loss and those who have struggled, our hearts are with you. The human spirit and power of community continue to amaze me, and I know that we can persevere with each other’s support. Since the beginning of the COVID-19 crisis, our community, businesses, and City organization have been called upon to meet the needs of our society. I am proud that the people of Hermosa Beach have answered this call and have stepped up to support and serve our community. I also remain grateful for the steadfast leadership of our public officials who made difficult decisions and led our community through this crisis. The City of Hermosa Beach has made many adjustments in our operations over the last year to ensure we continue to safely provide City services. The health crisis caused many economic and social shocks -- and many times these were not in our control. But where we could respond, we did. We have learned so much and continue to learn lessons about how to be a more resilient City that we hope will help us come back as an even better City. Like our businesses and Page 2 community, the ever-changing health orders required the City to be nimble and respond swiftly so that we could continue to meet the needs of the public during this time. Many of these efforts initiated in response to or during the pandemic are documented in this plan. The pandemic saw record use of our beach, parks, and public spaces and shed a new light on how we can use our public spaces and plan for our communities. It also accelerated the shift to digital platforms and other long-term enhancements to our services – including online services and opportunities for remote public participation in our meetings. Our intent is to continue to take advantage of these technologies and tools to augment in-person services, so that we have more ways for the public to access City services and functions in the future. With the State planning to lift most COVID-19 restrictions as early as June 15, our community and City staff will be called upon to adjust to a “new -- and perhaps better -- normal” with a stronger focus on preparation so that we will be more resilient as we face future challenges. As we do this, the dedicated members of the City staff will continue to work together every single day to serve our community with tenacity, compassion, and dedication. I also look forward to working in concert with our diverse local partners in our recovery efforts to create a more resilient future for our Best Little Beach City. Page 3 On behalf of the entire City staff, I am pleased to present Hermosa SHINES, our community- wide reopening, recovery, and resilience pl an. The name, Hermosa SHINES, represents not only Hermosa’s sunny weather and City seal but the SHINES part of the name is also an acronym that represents the six critical elements of the plan: Safety, Health, Infrastructure, New technology, Economic development, and Service. This plan outlines the major objectives and tasks that will be the focus of our City staff in the next 12 – 18 months as we emerge from this pandemic looking and operating a little differently than before. It also provides information about the safe re-establishment of in-person services inside City Hall and City facilities. These times have presented a unique opportunity for reflection and adaptation as a local government and as a community. As your City Manager, I am profoundly optimistic and excited about what we can make of these experiences. We as the City staff know that our path to recovery can only be traveled together with our community and stakeholders. I am honored to lead our dedicated team of City staff and am proud to serve alongside them as we look to the future and position ourselves to meet the needs of our community to create a high quality of life for all. Sincerely, Suja Lowenthal, City Manager Page 4 City Mission, Vision, and Guiding Principals Mission: The mission of the Hermosa Beach government is to: Govern with Community Engagement and Collaborative Sentiment, To Be Financially, Environmentally Responsible, and To Provide 1st Class Municipal Services in a Customer Friendly Manner through Valued Employees and Volunteers Vision Statement: 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. Guiding Principles: • Demonstrate our Environmental Leadership • Retain Our High Quality of Life • Contribute to Our Economic and Fiscal Stability • Be a Catalyst for Innovation Page 5 Background and Summary As the City of Hermosa Beach emerges from the COVID-19 pandemic, we are presented with a unique opportunity to rethink, discuss, and determine as a community how we would like to live, work, and play in the future. We have an opportunity to reinforce and protect our most valued assets, while making modifications in areas where we believe we can improve. It is the duty of City staff to continue to refine daily operations to achieve efficiencies where possible and to bring forward projects, initiatives, and ideas that align with the Mission, Vision, and Guiding Principles of the City and recommend priorities to the City Council to serve our community. With the Hermosa SHINES Plan, we aim to coordinate the initiatives and work of all City departments into one consolidated document where our City Council, commissions, advisory boards, residents, business owners, and other stakeholders can understand and get involved in the efforts that are in progress or coming soon. This plan will provide an overview of the various items with more detailed background and analysis being presented through public meetings. The plan document concludes with information regarding the re-opening of City Hall and City Facilities. The Hermosa SHINES Plan, developed by City Staff, groups the initiatives into the six critical elements of Safety, Health, Infrastructure, New Technology, Economic Development and Service. By coordinating our efforts, we can help our community move forward in a positive, cohesive, and forward-thinking way and shine as the “Best Little Beach City” that we are. Page 6 Page 7 Page 8 Hermosa SHINES Plan Objectives To reopen safely means to comply with LA County and State of California COVID-19 protocols to maximize the safety of residents, visitors, and employees and maintain the trajectory towards recovery. To recover and create a more resilient community safely means to take a proactive community-wide approach to the protection of lives and property so that we can safely live, play, work, and travel. Priorities: • Crime Prevention • Traffic, Bike, & Pedestrian Safety • Beach, Strand & Pier Plaza Safety • Emergency Preparedness and Response Efforts in Progress • Continue “Project Secure” initiated by the Police Department to protect residents and visitors from preventable thefts from vehicles and residences; • Continue to monitor local and regional crime data to continually refine Police Department deployment strategies to protect the entire community; Page 9 • Promote City of Hermosa Beach’s partnership with Project 529, the cross- jurisdictional bicycle registration platform, to assist law enforcement and citizens in the event of a theft, damage, or sale of a stolen bicycle; • Proceed with implementation of the Downtown Strategic Plan including a light dimming system and controls as well as additional security lighting; • Complete the Local Roadway Safety Plan (LRSP) to identify roadway improvements and countermeasures as well as enforcement, education, and emergency services strategies that can improve traffic safety; • Promote the safe operation of bicycles, electric assist modes of transportation, and other self-powered devices modes of travel by encouraging proper use of the Strand, sidewalks, bike lanes, and shared traffic areas; • Continue to partner with the Hermosa Beach City School District on Safe Routes to School Programs to create a safe, convenient, and enjoyable opportunity for students to walk, bike, or skate to and from school and to reduce traffic strain on local streets around the schools and throughout the city; • Continue to actively work to secure and provide access to the COVID-19 vaccination for those who are not vaccinated; and • Continue to review and update emergency plans including the emergency operations plan, local hazard mitigation plan, and continuity of operations plans to ensure the City is prepared to respond to future disasters and emergencies utilizing an al- hazard approach required by local, county, state and federal regulations. Page 10 Upcoming Initiatives • Complete transition to new California Incident Based Reporting System (CIBRS) for crime statistics and continue to use this data to make informed decisions regarding the deployment of our Police resources, and to share the statistical data with Hermosa Beach community; • Introduce a proposed legislative tool to City Council that would address the late night challenges involving alcohol sales and consumption that have impacted Hermosa Beach for many years. The intent is to promote a downtown that is conducive to all businesses. Further, a reduction in service demand would allow police resources to be redistributed to crime and quality of life complaints throughout the City during peak hours when such incidents are most likely to occur; • Enhance the Police Department’s ability to investigate and solve crimes by promoting and encouraging residents and business owners to register their exterior facing private security cameras; • Apply for grant funding to enhance safety features in Pier Plaza, downtown, and Strand areas including cameras, bollards, and lighting to ensure a higher level of safety for patrons and businesses; • Collaborate with regional partners to implement necessary systems and programs that will improve and enhance the City’s disaster response capabilities to prepare for, respond to, and recover from a disaster; • Prepare and adopt a business continuity plan for emergency preparedness; and • Seek opportunities to secure external funding for emergency sirens, RING, and fiber improvements and other emergency operations infrastructure. Page 11 To reopen in a healthy manner means comply with LA County and State of California COVID-19 protocols to maximize the safety of residents and employees and maintain the trajectory towards recovery. To recover and create a more resilient community in a healthy manner means to strive to be a community that is livable for people of all ages and to provide ongoing support, programming, and infrastructure for the physical and mental health of our community. Priorities: • COVID-19 Response & Communications • Recreation Programming for Youth, Adults & Seniors • Community Wellness & Celebrations • Homelessness & Mental Health Services Efforts in Progress • Continue to monitor and communicate LA County and State of California COVID-19 protocols to our residents, businesses, and visitors; • Continue to partner with Beach Cities Health District to address community health needs; • Continue to re-open parks and community buildings and offer a wide variety of healthy community-based programs, services and facilities for our youth, adults and seniors; Page 12 • Continue to support requests for filming, promotions, and special events including assistance in complying with COVID-19 protocols; • Continue to support and host community events and activities including: Surfers Walk of Fame; Hermosa Haiku Challenge; Veteran’s Day Ceremony; National Night Out; the Safety Fair and other events focused on the benefit of businesses, the community, and visitors; • Continue with implementation of the City’s 5-Year Homelessness Plan; and • Retain existing partnerships and explore new ways to partner with the Beach Cities Partnership, LA County Supervisor Janice Hahn’s Office, LA County Department of Mental Health, Harbor Interfaith, and LA County Fire to address homelessness as a regional issue and provide for the sharing of resources. Upcoming Initiatives • Plan for the reopening of Hermosa Five-O Senior Center and programming to support active healthy lifestyles; • Seek AARP classification as an age friendly community in coordination with the South Bay Council of Governments; and • Explore alternative dispatch protocols and response models such as a behavioral health mobile response team to assist people who are experiencing homelessness and/or mental health crisis where they are not a threat to themselves or others and seek opportunities for funding and support. Page 13 To reopen with a focus on infrastructure means to ensure physical measures are in place to protect the health and safety of our employees, residents, and visitors, to evaluate the physical modifications made during the COVID-19 crisis, and to integrate those modifications that our community desires to maintain. To recover and create a more resilient community with a focus on infrastructure means to invest in our community’s built environment, to follow the vision of PLAN Hermosa, and to be open to new ideas and ways of thinking about our physical development. Priorities: • Infrastructure Master Plan(s) Implementation • Accessibility Improvements • Parks & Open Space Planning • Utility & Partner Agency Coordination Efforts in Progress • Proceed with implementation of the City’s various infrastructure master plans including: Sewer Master Plan, Storm Drain Master Plan, and Pavement Management Plan; • Continue to invest in the City’s Americans with Disabilities Act (ADA) Program and ADA Transition Plan including improvements to: paths, facilities, signage, and sidewalks; Page 14 • Provide an extension to the beach access path and explore additional locations where beach access paths can be considered; • Continue coordination and support for school construction and other community-based projects; • Maintain close communication and coordination with partner agencies, such as Caltrans and SoCal Edison, which have projects that impact our community. Upcoming Initiatives • Enhance use of Geographic Information System (GIS) mapping for City infrastructure, information, services, and programs; • Proceed with the Greenbelt Study to explore options to incorporate an accessible path; • Complete and adopt a Parks Master Plan to provide a framework for the orderly planning, acquisition, development, and administration of the City’s parks and recreation resources; and • Enhance restrooms at our City’s parks and beach areas. Page 15 To reopen utilizing new technology means to offer a hybrid system of in-person and virtual methods for receiving services, obtaining information, or participating in government processes. To recover and create a more resilient community utilizing new technology means a commitment to blending traditional in-person access and engagement with virtual adaptations and innovations for enhanced opportunities for public participation, engagement and accessibility. Priorities: • Online Permitting & Payment Systems • Virtual Services & Engagement • Parking Management & Meters • Security Upgrades Efforts in Progress • Continue to use the document imaging systems and transition City records into digital format and into the Laserfiche system for rapid retrieval; • Continue to utilize the City website features to continually provide current information on new programs and procedures and to provide virtual access to City information and services; Page 16 • Continue to streamline access to parking information for resident and visitor use; • Enhance efficiency in managing the entitlement, plan checking, permitting, inspection, and code enforcement processes in the Community Development and Public Works departments with the launch of the new permitting platform Accela. The new permitting system will integrate mapping software to improve customer service and internal operations. It also will allow online applications and payment systems, and a public online portal to check status of permits and projects; • Enhance public access to City records through implementation of an online records request platform; • Increase efficiency in document processing with use of DocuSign electronic signature software; and • Continue to find ways to utilize the newly implemented Police Department drone program to allow for faster and more efficient responses to calls for service allowing officers to conduct more crime prevention and detection efforts throughout the City. Upcoming Initiatives • Explore public bidding system software to ensure efficiency, transparency, and attraction of qualified bidders and best pricing for infrastructure, public services and goods; • Explore "pay by app" capabilities for parking management; • Implement a more robust and streamlined online adjudication process for parking citation administrative reviews; and • Implement Taxi Cards that give seniors and the disabled the convenience of taking taxi rides without having to purchase paper vouchers. Page 17 To reopen in support of our local economy means to continue to support our businesses and their employees with City initiatives designed to make our community a safe and welcoming retail, dining, and entertainment destination. To recover and create a more resilient community in support of our local economy means to be willing to explore, adjust, and try new initiatives on a temporary basis and engage businesses, consumers, residents, and City staff in a dialogue of what does or does not work to enhance the vibrancy of our commercial districts. Priorities: • Business Communications & Coordination • Arts, Culture, & Entertainment • Outdoor Dining & Foot Traffic • Business District & Corridor Placemaking Page 18 Efforts in Progress • Continue working with the Economic Development Committee, Stakeholders Group, and Chamber of Commerce to update economic development principles and strategies; • Continue to support and monitor temporary program for limited live and recorded music at commercial establishments and collect data to inform a discussion regarding the possibility of a more permanent program in the future; • Continue the assignment of a Senior Planner as the City’s Business Liaison to help serve as a point of contact and information for the business community; • Continue to identify and provide support for grant/loan programs that support our local businesses’ recovery; • Address short-term business needs in a manner that is consistent with or contributes toward the long-term goals and community vision for our business districts and corridors; • Retain the seed money previously set aside to start the process of creating a Business Improvement District (BID) that will benefit all businesses in Hermosa’s downtown district; • Honor City’s commitment to two years of free holiday parking during the Winter holidays of 2020 and 2021; Page 19 • Complete the distribution of the $110,000 of Community Development Block Grant funds made available to Hermosa’s small businesses as part of the Small Business Grant Assistance Program; • Continue to explore possible amendments to parking requirements in the zoning ordinance to support investment in commercial districts; • Complete a review of the City’s Noise Ordinance to employ the most optimal methods to ensure the quiet enjoyment of property; • Continue implementation of PLAN Hermosa including an update to the Housing Element, Land Use Element, Zoning Code, and Local Coastal Plan; and • Continue the integration of the Safety Element of PLAN Hermosa and the City of Hermosa Beach Local Hazard Mitigation Plan. Upcoming Initiatives • Create an Economic Development Strategy to guide activities and initiatives in support of local businesses; • Evaluate and revisit the pilot program that offers restaurants three options to expand outside seating: sidewalk seating, parklets (setting up tables in parking areas), and street closures to determine if the temporary measures should be integrated. If they should be continued, open discussion with the California Coastal Commission about how to meet Coastal access requirements for parking; • Employ strategies to enhance and celebrate the arts and creative economy of Hermosa Beach; and • Explore opportunities for revitalization projects within our main corridors. Page 20 To reopen with a service orientation means maintaining traditional service delivery models as well as the new innovative approaches developed during the COVID-19 response to provide first-rate public services. To recover with a service orientation means leveraging tools, policies, and best practices through blending virtual and remote technologies with traditional in- person services. By offering a hybrid system the City can maximize staff, program, facility, and organizational productivity and effectiveness with a priority on safety, accessibility, and maximum service levels. Priorities: • City Facility Reopening • Employee Recruitment & Retention • Fiscal Management & Funding • Facility Assessments & Upgrades Efforts in Progress • Continue to offer services that were previously limited to in-person contacts to include virtual options with the use of existing technology and adopting new technology as needed; • Complete the transition to NeoGov workforce software for centralized recruitment including attracting, screening, and selecting qualified applicants; Page 21 • Attract and retain highly qualified personnel to deliver world-class services to our community; • Continue providing training to all employees, including customer service training; • Continue to review and discuss public safety as it relates to the Mayor’s Pledge supporting My Brother’s Keeper; and • Ensure compliance with changing refuse regulations related to organics and recycling and ensure that residents receive the best service at the most competitive price. Upcoming Initiatives • Provide transparent review of City’s revenue strategies through a City Council Study Session; • Receive American Rescue Plan funding and determine optimal uses to address community needs to meet short and long term goals; • Implementation of Opengov online, interactive budget book to improve communication of and better access to the city’s financial planning process and financial information; • Expand community outreach programs through in-person and digital communications; • Complete a City facilities conditions and needs assessment; and • Explore opportunities for Public Private Partnerships to address public facility needs. Page 22 The City of Hermosa Beach continues to prioritize the safety and health of our staff members, contractors/vendors, customers, and the community we serve. This reopening, recovery, and resilience plan emphasizes our dedication and commitment to keeping our community safe and healthy, aligning with County, state and federal guidelines while still providing a collaborative working environment that is welcoming to our community. The guiding principles utilized to direct the development of the City Hall and City Facilities reopening plan include: • Protecting and supporting the health and safety of staff members and the public; • Ensuring appropriate physical distancing and mask wearing; • Ensuring proper infection control; • Maintaining communication with staff and the public; and • Ensuring equitable access to services. The terms and conditions of this plan are subject to change, based upon the COVID-19 pandemic and amendments of the Los Angeles County Department of Public Health Officer Order. This plan will be continuously reviewed and updated according to amendments of the Health Officer Order and additional guidance and will communicate the changes to stakeholders as appropriate. Applicability This reopening plan for City Hall and City Facilities is intended to guide the COVID-19 pandemic response reopening process for applicable staff and Page 23 customer serving spaces at City Hall and City facilities such as the Community Center. It is important to note that the Police Department including their front counter and the Public Works yard which does not have a public access has been operating throughout the pandemic response. The LA County Fire Station #100 is exempted from this plan and is instead governed by LA County Fire Department protocols. Each City Department provides services to different customers, as well as functions at widely differing levels. This reopening plan will provide a framework for the reopening process following the required Los Angeles County Department of Public Health Appendix D: Reopening Protocols for Office-Based Worksites, which may impact workspace configurations, staffing levels, and public service methods. In addition, City Hall and City Facilities could be required to re-close if ordered to do so by the Los Angeles County Department of Public Health and State of California as a result an a surge in cases of COVID- 19. Restoring Limited In-Person Services (Appointment Only) In order to accommodate customers who prefer to visit City Hall in person, while ensuring that current workplace protocols are met for the health and safety of staff and customers, staff will begin providing limited in-person services, by appointment only, beginning Monday, May 17, 2021. The County of Los Angeles Department of Public Health Protocols for Office Worksites: Appendix D requires the following modifications: • Maximum occupancy of City Hall and City facilities is 75 percent; • Alternate, staggered or shift schedules to maximize physical distancing; • Mask wearing is required by staff, contractors, vendors, and visitors; Page 24 • Physical distancing of 6 feet is maintained at all times; • Signage is posted stating mask wearing, physical distancing and entry screenings; and • Entry screening are conducted before employees, vendors, delivery personnel, and other visitors may enter the workspace. Symptom checks include fever or chills, cough, shortness of breath, difficulty breathing, and a new loss of taste or smell and whether the individual is currently under isolation or quarantine orders. A temperature check should be done when feasible. In addition, the protocol limits the maximum occupancy of the office-based business worksite. The number of employees in the office-based business worksite is limited at any one time such that employees can easily maintain at least a six-foot distance from one another at all practicable times, but in no case more than 75 percent of the maximum occupancy of the office-based business worksite, which is dependent on the status of staff who are fully vaccinated. Essential office-based businesses that are open for indoor essential operations that cannot be done remotely must limit indoor capacity to 75 percent of maximum occupancy. It is for the aforementioned reasons that services will be provided on a limited by appointment basis to ensure adequate in-person staffing. As Los Angeles County Department of Public Health continues to update Appendix D, the City will continually review and implement required and necessary changes to ensure the health and safety of staff, vendors/contractors, and visitors. Restoring Full In-Person Services (Walk-Ins Accepted) As long as California infection and hospitalization rates continue to decline and vaccinations remain available, the Governor has indicated that California may Page 25 fully reopen by June 15, 2021. When it is deemed possible and safe to resume full in-person transactions, staff will work to restore services as efficiently as possible and provide notification to the community regarding the full reopening date. All protocols contained in the County of Los Angeles Department of Public Health Order of the Health Officer, Protocols for Office Worksites: Appendix D at the time of reopening will be followed. To ensure that all staff are able to return to the office work environment in a safe and healthy manner, an in-office rotation work schedule will be established and continued until such time as protocols are removed or can be followed with all staff present. It will be the responsibility of each department to ensure coverage to support in-person services and operations. Prior to Arrival (In-Effect until Further Notice) City of Hermosa Beach has adopted a daily screening attestation requirement for any staff member who reports to work at a City work location, vendor/contractor, or visitor entering a City facility in compliance with the LA County Public Health Order. At the beginning of each workday, staff members and vendor/contractors working onsite are required to complete and return to their managers a self-screening attestation that confirms their ability to safely report to work and their agreement to wear the proper Personnel Protective Equipment (PPE) (including a face covering) and social distance from their co- workers and the public to the extent possible. All visitors will also be required to complete the attestation form that confirms their ability to safely enter a City facility and their agreement to wear the proper face covering and social distance from others to the extent possible. The attestation will require staff members, vendor/contractors and visitors to confirm that they: Page 26 1. Have not received a positive test result for COVID-19 or been told by a health care provider that they are presumed positive for COVID-19; 2. Have not, to their knowledge, been in close contact with anyone who has been diagnosed with COVID-19 in the last 14 days; 3. Are not currently subject to a self-quarantine or self-isolation order from a City official, Public Health official or a healthcare provider; 4. Don’t have a fever of 100.4 degrees or higher confirmed by a temperature screening taken prior to reporting to work without use of any medicine whose effect is to suppress temperature (e.g., Tylenol); and 5. Are not experiencing any symptoms of COVID-19 [that the staff member or vendor/contractor or visitor cannot attribute to another diagnosed health condition that is not COVID-19 or to simple exertion from a specific activity (such as physical exercise)]. These symptoms currently include: cough; shortness of breath or difficulty breathing; fatigue; chills; muscle or body aches; headache; sore throat; congestion or runny nose; nausea or vomiting; diarrhea; or new loss of taste or smell. If a staff member, vendor/contractor or visitor answers “yes” to any of the risk factors stated above on the Daily Attestation Form, they must leave the City facility immediately. City staff and/or vendor/contractors will not report to work and will immediately contact their managers if they have any of these symptoms or exposure to or a positive test for COVID-19. Staff next steps will be addressed including contact tracing, testing, quarantine and/or isolation if needed. Best Practices to Limit the Spread of COVID-19 (In-Force until Further Notice) Returning City facilities to pre-COVID-19 operational status requires a measured approach to ensure that safeguards continue to be in place to limit the spread of COVID-19. The following practices have been identified by the Center for Page 27 Disease Control and Prevention (CDC), California Department of Public Health, and LA County Department of Public Health. The City will make every effort to implement the following measures during various reopening phases: 1. Social distancing of City staff and customers A. Plexiglas barriers in customer-facing spaces and employee cubicle areas; B. Physical and visual delineators for customer spacing; C. Preventing gatherings, unless absolutely necessary; D. Encouraging phone and video meetings; and E. Establish a maximum density (space/persons) for interior spaces, including conference rooms and break rooms and other “common spaces.” 2. Continue remote work for staff members and implement a remote work and in-office rotation for certain times per day or week where practical. 3. Stagger shifts, breaks, and lunch times to limit number of people gathering near lockers and breakrooms. 4. Provide essential Personal Protective Equipment (PPE) for staff members, field personnel, and responders. 5. Post signage requiring all staff and visitors to wear face coverings at all times at all City facilities. Staff and visitors will be provided a face covering, if they do not have one and will be expected to wear it immediately upon receipt. 6. Post signage at each entrance of the facility/worksite to inform all City staff and members of the public that they must not enter the facility/worksite if they have a cough; fever; shortness of breath; difficulty breathing; chills; repeated shaking with chills; muscle pain; headache; sore throat; new, sudden loss of taste or smell, or other symptoms consistent with COVID-19 as identified by the CDC and LA County Public Health. Page 28 7. Post signage that states individuals must maintain a minimum of six-foot distance from one another when inside and outside facilities and workplaces. 8. Post signage reminding staff of the proper hygiene regimen including frequent hand-washing and thorough cleaning of surfaces. 9. Provide hand sanitizer at all public counters and common areas. 10. Supply disinfectant for use in common areas, between contracted cleaning cycles. 11. City staff and visitors will be required to complete daily temperature checks and provide the daily attestation form, per City policy. 12. Recommend staff develop and maintain a contact log at all times, including when not at work, to be used in the event that the staff member is exposed and/or diagnosed with COVID-19. 13. City will assist on-site staff and first responders in scheduling and completing COVID-19 testing (COVID-19 exposure) should the need arise. 14. Increase cleaning of all frequently-touched surfaces and common areas by both City staff and the contracted City cleaning vendor. 15. The City has developed and implemented a travel policy, including the cancellation of non-essential business travel. 16. The City has developed and implemented a Temporary Emergency Telecommuting Policy and Agreement for staff members that are able to effectively work from home. Human Resources will assess with contact tracing and evaluate quarantine/isolation requirements for other risk factors on a case-by-case basis for staff, consistent with CDC, State of California and LA County Department of Public Health guidance. Page 29 External Factors affecting the Re-Opening Plan The COVID-19 pandemic is a dynamic event, requiring flexibility and understanding that there will be changes to the protocols as the City monitors and follows the LA County Department of Public Health protocols. Reopening City Hall and City facilities is contingent upon the ability to provide services safely, while preparing for the possibility of changes in external factors that may affect the ability to operate as desired. External Factors include: • Consistency with Federal and/or State guidelines for re-opening. • Changes in Federal, State, or County orders or policies. • Resurgence of community transmission of COVID-19. • COVID-19 outbreaks with City Hall and City facilities. It is important to remember that the COVID-19 pandemic has included three surges in community transmission which drastically impacted the healthcare system and slowed the reopening process of not only Hermosa Beach but the entire County and State. It is critical that the reopening plan continues to be flexible and adaptable. Page 30 Appendix I- Completed COVID-19 Pandemic Response Efforts Efforts Completed • Created a new Police Department “Transparency” page on the City website to provide easy access to public information such as department policies, crime statistics and annual data regarding use of force incidents; • Completed a re-striping and new markings on the Strand to improve safety for pedestrians, bikes, and others using the Strand; • Provided public education, coupled with a proactive enforcement strategies, to minimize large crowds and activities that facilitate the spread of COVID; • Established an enforcement strategy to educate and enforce the wearing of face coverings in public; • Provided updates at each City Council meeting regarding the enforcement strategies implemented by the Police Department and Code Enforcement; • Facilitated peaceful public demonstrations involving police reform through the use of local and regional operational plans; • Earned a forth accreditation award from the national Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), which is considered the “gold standard” in public safety; and • Recruited and hired seven police officers in 2020 and five police recruits and one Community Services Officer in 2021. Page 31 Efforts Completed • Instituted a temporary moratorium on foreclosures and evictions due to non-payment of rent by residential and commercial tenants impacted by COVID-19; Reviewed, implemented, and enforced the LA County and State of California COVID-19 protocols throughout the pandemic to ensure the safety of our staff and community; • Coordinated with local area emergency management coordinators and public information representatives to implement a Joint Information Center to distribute safety messages throughout the COVID-19 pandemic through the Alert South Bay emergency notification platform; • Collaborated with the Area G Disaster Management Area emergency managers regarding the implementation of the LA County Health Officer orders; • Worked with community partners to provide educational opportunities related to the COVID-19 vaccination, while providing assistance with securing the COVID-19 vaccination for staff and community members. These efforts included hosting a COVID-19 vaccination clinics in Hermosa Beach; • Adopted an ordinance in July 2020 to protect public health by requiring face coverings in Hermosa’s crowded areas and hired temporary, part- time personnel to help enforce the ordinance and encourage the wearing of face coverings; Page 32 • Created a Temporary Tier II level within the existing Outdoor Fitness Permits for the Brick and Mortar Fitness Business to hold fitness programs outside during COVID-19 following all appropriate protocols; • Kept the public informed about Public Health Orders and protocols, as well as City initiatives to protect public health, through the creation of a COVID-19 Update on the website and distributed through email; • Supported and participated in virtual community events including Town Hall Meeting, the State of the City Address, and the Mayor’s Coffee, n to provide the community with additional information about pandemic responses and City services; • Provided for the cleaning of play equipment three times per week as playgrounds were permitted to reopen; • Facilitated the reopening of the City’s recreational facilities including the skatepark, tennis courts, pickleball courts, volleyball courts, basketball courts, and Clark field with COVID-19 protocols for social distancing; • Redeployed Recreation Leaders as Court Monitors to allow for the safe reopening of tennis and pickleball courts; • Offered youth and adult recreational classes and supported youth non- profit organizations in reopening as soon as the Los Angeles County Department of Health Protocols allowed them to take place; and • Hosted virtual contests, commemorations and celebrations, such as our Veterans Day tribute, which featured signs bearing local veterans’ names surrounding our Veterans’ Memorial, and hosted our first city-wide celebration of LGBTQ Pride Month in June. Page 33 Efforts Completed • Implemented temporary parking and lane reconfigurations in response to the requests of our business community, which include creation of temporary parking spaces; implementation of additional 15-minute parking zones for take-out/pick-up; and installation of a temporary lane realignment on Hermosa and Pier Avenues so that businesses could safely expand their outdoor dining and retail spaces further into public right-of- way to continue to serve their customers in compliance with Public Health Orders; • Advanced Capital Improvement Projects, including the largest sewer project to date, and citywide curb ramp construction to improve sidewalk mobility; • Completed the re-surfacing of the six Community Center Tennis Courts; • Completed the remodel of the Fire Department to ensure the safety of LA County firefighters; and • Completed audio-visual improvements in Council Chambers to support multiple means of broadcasting public meetings while allowing remote public participation during the pandemic and beyond. Page 34 Efforts Completed • Implemented technology to allow remote telework access to workstations, including computer and phone access, to ensure staff continue to provide a high level of customer service to the community during the closure of City facilities; • Implemented a plan review and plan check process, with limited in- person contact allowing plans, when feasible, to be submitted and reviewed electronically; • Implemented online permitting process, allowing for the submission of permit applications, processing, and issuance to be predominantly virtual or on-line; • Utilized City website features, such as the Service and Facility directories, to provide up-to-date information on the how to engage in new online processes, as well as the current status of City facilities and services; • Updated publicly available interactive maps with latest information on City resources and projects (updated on a regular basis, as needed); • Provided for the streaming of City Council and Commission meetings, as well School District meetings, through a City YouTube Channel in addition to being streamed through Granicus and on the local television channel; • Facilitated the collaborative work of colleagues (both City staff and outside entities) utilizing online platforms such as Zoom, Microsoft OneDrive and Teams to enhance the flow of the information and communication between all parties; Page 35 • Extended Parking Permit renewal dates, delayed unbilled late fees on parking citations, and delayed DMV holds on parking citations; • Implemented a new processes to allow requests and purchases of Parking Lot, Daily, and Contractor Parking Permits and Taxi Vouchers virtually or by mail. These services were previously only provided over the counter; • Utilized the City Website technology to allow for the submission of parking and administrative citation adjudication requests virtually as well as providing virtual hearings via telephone and Zoom; • Added the ability to purchase residential permits for EV and CNG vehicles on the Parking Permit website; and • Completed a review of our current Police Department technology policies to ensure that we are meeting the standards of the law and expectations of the public that such technology be used responsibly. Efforts Completed • Extended the limited live entertainment pilot program, making such events easier to hold during daytime and dinnertime hours; • Implemented a temporary outdoor dining program, allowing businesses to use public street parking and private parking areas, rooftops, and sidewalks for outdoor seating areas, throughout all commercial areas of the City; Page 36 • Allocated $110,000 of Community Development Block Grant funds towards the small business grant assistance program to assist local businesses in recovering from the pandemic; • Identified and provided support for Federal, State, and Local grant/loan programs for local businesses; • Promoted local businesses through the Safe in the South Bay program and the Safe in the South Bay Dine Out Week; • Coordinated business recovery surveys with the Beach Cities Health District and the Hermosa Beach Chamber of Commerce and Visitors Bureau; • Created an Economic Development Committee and Stakeholders Group; • Extended Business License renewal dates and deferred and/or pro-rated business taxes during the pandemic; • Waived Temporary Sign Permits (“banner permit”); • Temporarily suspended encroachment fees for existing restaurant encroachments on Pier Plaza and other public rights of way, such as 22nd Street; • Instituted temporary opportunities for gyms, fitness facilities, hair salons, and barbershops to operate outdoors and permitted certain home occupations to operate without a commercial business location during the COVID-19 crisis; • Provided an avenue for places of worship to operate outdoors; and • Created a business resources page on our City website that provides the latest information on Public Health Orders, grant programs, and other COVID-19 related news for our business community. Page 37 Efforts Completed • Assessed and rearranged workstations to ensure 6-feet of social distancing to ensure compliance with LA County Public Health protocols and to protect the health and safety of staff; • Implemented a daily attestation process, as recommended by LA County public health protocols, at all City facilities for staff, vendors, and visitors to ensure a safe environment to work and access services; • Installed plexiglass within City buildings to provide a safer work environment for staff and the public in preparation for safe in-person customer service upon re-opening; • Hired staff for key positions including a new Chief of Police and our City’s first appointed City Clerk; • Recalibrated a balanced budget in 2020-21 despite significant and unanticipated revenue reductions caused by the pandemic. We were able to balance the budget without requiring layoffs or major program reductions, without raising taxes, and without dipping into our rainy-day fund; and • Actively engaged in the efforts for police reform including publishing two documents titled "Where We Stand" and "Where We Are" to highlight the efforts made towards a more effective Police Department. Page 38 This plan and associated objectives and tasks have been evaluated for their consistency with the City’s General Plan – PLAN Hermosa. Relevant Goals and Policies are as follows: Governance Element Goal 1. A high degree of transparency and integrity in the decision making process. Policies: • 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely. • 1.10 Record systems and technology. Maintain record systems and utilize technology that promotes public access. Goal 2. The community is active and engaged in decision-making processes. Policies: • 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis. • 2.11 Social media and technology applications. Enhance the City’s social media presence and use of technology applications as tools to notify, provide updates, and engage the community. Goal 3. Excellent customer service through the use of emerging technologies. Policies: Page 39 • 3.1 Increased access to services. Strive to provide access to facilities, programs, and services at times and locations that are convenient for residents and businesses. • 3.2 Social media technology. Make use of social networking, streaming video, photo-sharing, and other technologies as they evolve to provide greater avenues of communication with constituents and community members. • 3.3 Online materials. As feasible, continue to expand the City’s website with data and materials for residents and people doing business with the City, including City Council and Commission agenda packets, permit application forms, web-based geographic information systems (GIS), and use of new technologies as appropriate. • 3.4 Virtual public counter. As feasible, establish a “virtual” public counter through an online permitting system. • 3.5 Expanded digital archive. As feasible, expand the use of document imaging to maintain and provide access to vital records. Goal 4. A leader and partner in the region. Policies: • 4.3 Collaboration with adjacent jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. Goal 5. Small beach town character is reflected throughout Hermosa Beach. Policies: • 5.4 Guidelines and standards. Provide for clear development guidance, standards, and rules by developing tools and guidelines to illustrate concepts of local character. Page 40 • 5.8 Public private partnerships. Pursue the use of public-private partnerships to implement projects and efforts that maintain character and benefit the community. Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism. Policies: • 6.1 Long-term economic development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses and a strong middle class in Hermosa Beach over the decades to come. • 6.4 Business support. Support the Chamber of Commerce, retailers, tourist service businesses, artists, and other agencies to develop an aggressive marketing strategy with realistic implementation procedures. • 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. Goal 7. Community sustainability and health are a priority in policy and decision-making. Policies: • 7.1 Integrate health. Encourage public and private health partners as part of community engagement processes (including committees, stakeholders, and workshops) in planning and development decisions. • 7.2 Health conditions. Support the work of Beach Cities Health District to monitor health and well-being and track health outcomes. Page 41 • 7.10 Senior needs and services. Consider and address the specialized services and needs of a growing population of seniors regarding health and wellness, recreation, housing, and transportation. Goal 8. A performance-based management and benchmarking program. Policies: • 8.3 Consistency among plans. Require other City plans and implementation mechanisms to demonstrate their consistency with this Plan. Land Use Element Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. Policies: • 2.1 Complete neighborhoods. Neighborhoods are complete and well- structured by encouraging, where appropriate, the following characteristics: o Contain a high level of connectivity for pedestrians, bicycles, and vehicles. o Address the needs of multiple ages and physical abilities. Goal 4. A variety of corridors throughout the City provide opportunities for shopping, recreation, commerce, employment and circulation. Policies: • 4.5 Corridor connectivity. Recognize corridors as important cross-town thoroughfares that connect Hermosa Beach, serve as transitions between neighborhoods, provide opportunities for local-serving retail, and balance the needs of multiple transport modes. Page 42 • 4.9 Streetscape enhancements. Facilitate streetscape improvements, add pedestrian amenities that attract new uses, and revitalize the corridors. Goal 13. Land uses patterns that improve the health of residents. Policies: • 13.7 Collaborative health partnerships. Build and maintain partnerships with the Beach Cities Health District, health care providers, and community-based organizations to evaluate and implement land use projects in a manner that improves community health. Mobility Element Goal 1. Complete Streets that serve the diverse functions of mobility, commerce, recreation, and community engagement for all users whether they travel by walking, bicycling, transit, or driving. Policies: • 1.1 Consider all modes. Require the planning, design, and construction of all new and existing transportation projects to consider the needs of all modes of travel to create safe, livable and inviting environments for all users of the system. • 1.3 Monitor best practices. Consider applying the latest state of best practices in the design, operation, and maintenance of the transportation network that is both attractive and functional. 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. Page 43 Policies: • 2.1 Prioritize public right-of-ways. Prioritize improvements of public right-of- ways that provide heightened levels of safe, comfortable, and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. • 2.2 Encourage traffic calming. Encourage traffic calming policies and techniques to improve the safety and efficient movement of people and vehicles along residential areas and highly trafficked corridors. Goal 3. Public rights-of-way supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile. Policies: • 3.1 Enhance public rights-of-way. Where right-of-way clearance allows, enhance public rights-of-way to improve connectivity for pedestrians, bicyclists, people with disabilities, and public transit stops. • 3.8 Encourage shared streets. Encourage the concept of shared streets on low volume streets with limited rights-of-way. • 3.10 Require ADA standards. Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provide ease of access for people with disabilities. Goal 7. A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies: • 7.1 Safe public rights-of-way. Encourage that all public rights-of-way are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. Page 44 • 7.2 Manage speeds. Monitor vehicle speeds through traffic controls, speed limits, and design features with the intended purpose of minimizing vehicle accidents, creating a pedestrian and bicycle environment, and discouraging cut-through traffic. • 7.4 Traffic safety programs. Prioritize traffic safety programs oriented towards safe access to schools and community facilities that focus on walking, biking, and driving in school zones. • 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. • 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. Sustainability and Conservation Element Goal 6. Hermosa Beach is a low or zero-waste community with convenient and effective options for recycling, composting, and diverting waste from landfills. Policies: • 6.1 Franchise agreements. Ensure waste franchise agreements and program offerings provide progressively higher rates of waste diversion. • 6.2 Food waste collection. Ensure food waste collection is available and convenient for all residents, businesses, and organizations. • 6.10 Evaluate recycling and waste diversion opportunities. Periodically evaluate and consider new opportunities to achieve greater waste diversion rates. Page 45 Parks and Open Space Element Goal 1. First class, well maintained, and safe recreational facilities, parks and open spaces. Policies: • 1.1 Facility upgrades. Improve and update park and open space facilities on a regular basis. • 1.5 Evaluate community needs. Conduct a periodic review of community park needs and interests to inform maintenance and investment priorities. Goal 2. Abundant parks, open space, and recreational facilities to serve the community. Policies: • 2.1 Diverse programs and facilities. Offer diverse recreational programs and facilities to meet the needs of all residents. 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. • 3.3 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. Goal 4. Direct and accessible routes and connections to parks, recreational facilities, and open space are provided. Policies: Page 46 • 4.4 ADA accessible park access. Install ADA and universally accessible amenities and equipment so that all parks, beach, and trail networks are accessible to all persons. Goal 6. The coast and its recreational facilities are easily accessible from many locations and by multiple transportation modes. Policies: • 6.3 Safe and accessible connections. Ensure public access points provide safe and accessible connections to The Strand and shoreline, including access for persons with disabilities. • 6.6 Universal access. Provide resources that improve accessibility to the beach for all visitors. Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Policies: • 5.1 Crime deterrence. Regularly evaluate the incidence of crime and identify and implement measures to deter crime. • 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. • 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. • 5.4 Physical design standards. Reduce opportunities for criminal activity through physical design standards and Crime Prevention through Environmental Design principles. Page 47 • 5.5 Crime prevention outreach programs. Offer youth programs, recreation opportunities, educational programs, and other services to encourage crime prevention behavior. • 5.8 Nuisance abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity) providing for conditions of control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. • 5.9 Police and Fire enforcement grants. Pursue grant funding and other outreach programs to minimize and abate nuisances. Goal 6. Hermosa Beach is prepared for, responds to and recovers quickly from natural disasters. Policies: • 6.1 Regularly update plans. Regularly update disaster preparedness and emergency response plans, in a manner that is compliant with state and federal standards. • 6.3 Invest in critical facilities. Dedicate funds to upgrade and maintain essential facilities (including the Emergency Operations Center, Police/Fire Facilities, and City Hall) to make them more resilient to the potential impacts of natural disasters. • 6.5 Optimize community benefits. Ensure that post-disaster recovery decisions optimize long-term community and economic benefits. • 6.6 Assist businesses. Assist local/small businesses in planning for continuity of operations and emergency preparedness. Goal 7. Noise compatibility is considered in the land use planning and design process. Page 48 Policies: • 7.1 Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards • 7.5 Noise ordinance. Establish a quantitative noise ordinance based on or equivalent to Chapter 12.08 of the Los Angeles County Code that at a minimum, addresses: traffic; bar and restaurant; event and party; construction and light industrial noise sources. Infrastructure Element Goal 1. Infrastructure systems are functional, safe, and well maintained. Policies: • 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. • 1.5 New technologies. When feasible, utilize emerging technologies and funding strategies that improve infrastructure efficiency, sustainability, and resiliency. Goal 2. Roadway infrastructure maintenance supports convenient, attractive, and complete streets and associated amenities. Policies: • 2.4 Sidewalk improvements. Consider innovative funding strategies, such as cost-sharing, ADA accessibility grants, or sidewalk dedications, to improve the overall condition, safety, and accessibility of sidewalks. ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 5.80 TO THE HERMOSA BEACH MUNICIPAL CODE TO ESTABLISH THE DOWNTOWN ALCOHOL ESTABLISHMENT LICENSE, AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.80 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Findings and Declaration of Nuisance. A. According to PLAN Hermosa, the Downtown District of Hermosa Beach is a primary social and commercial activity center in Hermosa Beach, serving as a centralized location for social gatherings and the recreational activities of residents and visitors. Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. However, the area also contains a high concentration of on and off sale alcohol serving establishments. .The correlation of the sale of alcohol and negative impacts on the community are well documented in peer-reviewed scholarly literature. A study prepared by the Urban Institute Justice Policy Center found that a concentration of on- and off-premise alcohol sales were associated with high levels of disorderly conduct, as evidenced in the Downtown District of Hermosa Beach B. The Downtown District constitutes less than 5% of the total land area of the City. As a result of the high number of on- and off-premise alcohol establishments in this concentrated area, the Downtown District also serves as an attraction to those who want to indulge in consumption of alcoholic beverages and engage in a rowdy, party-like environment. In a review of the crime statistics over the previous ten years, the Downtown District generates 16% of the daytime (3:00 to 10:00 p.m.) calls for service and 35% of the nighttime (10:00 p.m. to 3:00 a.m.) calls for service. This increase in calls for service is directly attributed to the operation of bars, nightclubs, and liquor stores. Repeated and consistent crimes related to the sale and service of alcohol in the Downtown District include without limitation disorderly conduct, larceny, public urination and defecation, vandalism, and driving under the influence. The disproportionate alcohol-related crime rates have created an adverse impact and disruptions to the community, resulting in a collective, consistent and long-term nuisance. All crime data for the past ten years is available and reported on the city’s website: hermosabeach.gov. C. In 2017, the City of Hermosa Beach commissioned Kosmont Companies to prepare a cost benefit analysis of the Downtown. The cost benefit analysis found “…that it is likely that the downtown area generates direct municipal revenues equal to or greater than the expenses it directly incurs…”; however, this finding is based on the current deployment of police resources, with its long-standing, disruptive atmosphere and corresponding negative impacts. The analysis did not take into consideration the cost of deploying additional resources needed in downtown to address the disruptions, negative impacts and nuisance activity through an enforcement only model. Had the cost benefit analysis Ordinance No. ___ Page 2 of 18 ________________ considered the additional resources needed, it could not have reached the same conclusion. Furthermore, attempting to resolve the collective nuisance problems through the deployment of additional police resources is not a sustainable, cost-effective solution and diverts resources away from the other 95% of the land area in the city. D. The Kosmont report also noted that approximately 25% of the Hermosa Beach Police Department budget is utilized to provide police services just in the Downtown area, which, as previously noted, is not a cost-effective solution to address the negative impacts created by the operation of alcohol servicing establishments in the Downtown. This disproportionate expenditure on an area that consists of only 5% of the city land area is not an effective deployment of police resources, which should be more evenly deployed throughout the city. This means that businesses and residents in the remainder of city experience a negative impact in that fewer police resources are available to them when police resources are deployed in such a disproportionate manner. Inasmuch as the city cannot continue to sustain the disproportionate deployment within the Downtown District, additional regulations are required to abate the collective nuisance and minimize the impacts on the community resulting from the operation of alcohol serving establishments. E. On evenings and weekends, many of the on-sale establishments operate at standing room only capacity, which is well beyond their seating capacity. Patrons crowd into the establishment to consume alcoholic beverages, while additional patrons queue up outside, waiting to get into the business. The queueing at multiple establishments, creates an environment where large numbers of intoxicated individuals are congregating and loitering in a small, concentrated area. The congregation and crowds have led to fights breaking out and other disorderly and dangerous behavior. Preventing queueing will have a positive effect on the atmosphere and culture in the area, especially on Pier Plaza and city sidewalks. The removal of the queue lines will make the sidewalks and Pier Plaza more passable, accessible, and welcoming and disperse the concentration of people. This has been evidenced during the COVID-19 emergency when queues were prohibited for social distancing purposes. Furthermore, wireless technology and widely available cell phone applications allow the businesses to establish an electronic queue to call or text patrons when the business is able to accommodate them without the patrons congregating in one area. Accordingly, queues are not a necessary component of a successful business. Many of the businesses in the Downtown District already use this method of reservation management, and it should be standardized as a best practice and optimization of available technology to reduce negative community impacts. This also supports other local businesses, as patrons are free to move around and visit other businesses while waiting to enter their intended destination. Imposing operational conditions also promotes fairness among businesses throughout the city, by requiring businesses in the downtown area to function for their intended purposes (serving food and beverages to customers) and not create disproportionate impacts on the community. F. Limiting capacity to patrons who have an available seat will also have a far-reaching impact to reduce the negative impacts in the Downtown District. A standing-room only atmosphere makes it difficult for servers to monitor intoxication and facilitates the overserving of alcohol. Requiring patrons to have an available seat in order to be served serves two purposes. First, it allows servers to monitor patrons and prevent overserving Ordinance No. ___ Page 3 of 18 ________________ of alcohol. It also has been proven to be an effective tool at reducing alcohol related crimes and disturbances. By way of illustration, as a result of the COVID-19 pandemic, the City has the opportunity to compare operations: 1) the business as usual model; and, 2) a limited operation as a result of the emergency health regulations. As part of the emergency health regulations, the number of patrons allowed within the on-sale alcohol establishments was limited (and for a time meal service with alcohol sales was also required). These emergency regulations resulted in a drastic reduction of the alcohol related crimes in the Downtown District and demonstrates a direct correlation between normal operations and the crimes and disturbances reported in the downtown area. The seating requirement is intended to be an operational regulation, notwithstanding structural occupancy limits under the Building Code, which are building standards that control the design and construction of a building’s egress components. Such structural limitations do not limit the City’s ability to implement operational restrictions on the business activity that are adopted under the City’s police power for the purposes stated in this ordinance. Accordingly the seating plan required under this ordinance providing for a specific number of seats for customers may dictate an operational capacity limit that is lower than the maximum occupant load under the Building Code. G. The conditional use permit process provides varying regulations on the individual business, with the conditions of approval being considered on a case-by-case circumstance. This results in an enforcement challenge for Police and City Code Enforcement in the Downtown District, as the businesses all operate under different conditions of approval. A uniform regulatory system will make it possible for law and code enforcement to quickly and easily identify which businesses that are not operating in a safe and allowed manner and are contributing to the collective nuisances in the Downtown District. This ordinance will ensure that alcohol serving businesses operate in a safe and responsible manner; and, are responsible and accountable for the impacts to the community from irresponsible alcohol service. H. It is the desire of the City Council of the City of Hermosa Beach to provide a safe and welcoming environment for those who live, work, and visit the Downtown District. The City Council wishes to attract visitors to the Downtown District that can patronize the businesses within the beach community. The City Council also desires to reduce adverse impacts on the community that result from the operation of the alcohol establishments. Creating a safer and more welcoming environment that does not require an unsustainable deployment of police resources is a benefit to all businesses in the Downtown District as well as to city residents and visitors. I. The existing code regulations and policies the City has implemented over the years to address negative impacts to the community in the Downtown District have not been successful at curtailing the disruptive, party-like, nuisance atmosphere. These existing measures include a three time a year review of all conditional use permits by the Planning Commission, a cap on the maximum number of late-night alcohol serving establishments, and restrictions on food to alcohol sales ratios at businesses that are licensed as restaurants. These existing regulations and policies have had limited success in reducing overall adverse impacts, as individual businesses may only contribute a portion to the collective issues, crimes, disturbances and other nuisances. The additional regulations Ordinance No. ___ Page 4 of 18 ________________ are intended to uniformly address the impacts created by the aggregate of all the alcohol establishments operating in the Downtown District. J. The disturbances are not limited to patrons from on-sale establishments. Due to the availability of alcoholic beverages for off-sale consumption in close proximity to the on-sale establishments, the consistent and repeated public drinking takes place in parking lots, at the beach and other parts of the downtown area. This is evidenced by the need for enhanced trash clean up in the area in the mornings, as well as by alcohol-related citations in the Downtown Area, including citations for open alcohol containers. In 2019, the police department issued 34 alcohol related citations in the downtown area, which is a high number in and of itself for a land area that makes up only 5% of the city. In 2020 when the on-sale establishments were closed or limited in capacity due to COVID-19, the citations increased to 94, showing the propensity of people to purchase alcohol for public outdoor consumption in the area when the other establishments in the area are closed or limited in capacity. These numbers are conservative as they only represent those who are caught and cited for the violation. The alcohol bottles and cans left in public areas in the morning reflect a much larger problem. While the public drinking already creates a nuisance activity, the data suggests that the problems generated from off-sale alcoholic beverage sales will be exacerbated by the new operating restrictions on on-sale alcohol beverage establishments. The City can’t trade one disruptive nuisance for another. This ordinance may have the indirect impact of limiting capacity in the on-sale establishments to those who can be seated and avoiding a standing-room only party atmosphere. This ordinance also prohibits queueing while waiting for a seat in the establishment. The City must avoid the equally disruptive behavior of patrons purchasing small and chilled servings of alcohol to drink in public while waiting for entrance to the establishment and after closing time. This ordinance attempts to balance the need to prevent the nuisance and criminal activity associated with public consumption of alcohol (which is more convenient when sold in small quantities and sold in chilled condition in the late evening hours) with the intention of allowing off-sale alcohol sales to continue. The ordinance is intended to prevent the creation of nuisances and prevent facilitation of criminal activity associated with certain products sold. Accordingly, further regulation of the off-sale alcohol serving establishments is necessary and appropriate to holistically respond to the disruptive nuisance activity in the area. K. In 2017 due to documented crime and security concerns, the City commissioned a study to assess security and lighting concerns in the Downtown area. The study culminated in a Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report. The report provides: “The City of Hermosa Beach has encountered security concerns in undesired behaviors of the patrons of their Downtown bars and restaurants upon leaving the establishments late at night. To address these concerns the local police department proactively patrols the downtown area. Naturally, there are typically not enough officers deployed to be in every single area during this time as this would not be an efficient use of resources. To augment the presence of officers the City has implemented flood lights along Pier Plaza, which are turned on strategically after hours. However, the City is still experiencing issues with unwanted and illegal behavior in areas of poor lighting.” High security concern areas were identified to be prioritized as a first step of action, including: 13th Court Alleyway, 13th Street Alleyway, Beach Drive Ordinance No. ___ Page 5 of 18 ________________ Alleyways, Parking Lot A, Parking Lot B, and the Pier Plaza. While the City is improving lighting to reduce crime in the area, the City should not bear all of the burden to remedy the criminal and nuisance problems in the area. The alcohol serving establishments must also be accountable and work in partnership with the City to reduce impacts. This ordinance is one critical element of that partnership. L. Furthermore, the Downtown area creates a unique and challenging enforcement problem. The negative impacts and nuisances cannot be directly linked to one particular business and traditional license revocation, CUP review and/or nuisance abatement is not possible when the problems stem from the collective. Traditional nuisance abatement tools and process are not available for a collective nuisance of this character. Nevertheless, the confluence of all of the alcohol serving establishments in the Downtown Area, particularly those that operate after 11 p.m., has created a nuisance environmental and the City Council finds that the businesses are being operated in such a way as to be injurious to persons living and working in the area. This ordinance is intended to allow the businesses to continue operating; while requiring accountability for the negative impacts that have plagued this community. M. The City Council of the City of Hermosa Beach hereby finds, determines, and declares that these regulations are needed to achieve a safe and welcoming environment for those who live, work, and visit the Downtown District. The focus of the ordinance is to abate or eradicate nuisance and criminal activities in a particular geographic area by imposing conditions aimed at mitigating those effects. By implementing these regulations through its police power to regulate the secondary effects of alcohols sales, the Hermosa Beach Municipal Code will continue to allow for a variety of uses, including the safe and responsible sale of alcoholic beverages; but will provide the City the necessary enforcement tools needed to minimize adverse negative impacts to the community that result from the operation of on- and off-premise alcohol sales. This ordinance is intended to work in conjunction with and to supplement existing zoning and conditional use permit requirements. A separate and complementary amendment to the zoning ordinance to reconcile the procedural elements of Title 17 and this Chapter 5.80 is being processed through the Planning Commission, and will come before the City Council at a later date after Planning Commission review and recommendation. Section 2. Chapter 5.80, entitled “Downtown Alcohol Establishment License” is hereby added to Title 5 of the Hermosa Beach Municipal Code to read as follows: Chapter 5.80 Downtown Alcohol Establishment License Sections: 5.80.010 Purpose. 5.80.020 Definitions. 5.80.030 License required. 5.80.040 License application procedure. Ordinance No. ___ Page 6 of 18 ________________ 5.80.050 Issuance and Grounds for Denial of License. 5.80.060 Term and Renewal. 5.80.070 License Nontransferable. 5.80.080 Operating Requirements for On-Sale and Off-Sale Alcohol Beverage Establishment. 5.80.090 Violations: Fines, Tiered Penalties. 5.80.100 Modification and Revocation. 5.80.010 Purpose. The Downtown Alcohol Establishment License is established to encourage the responsible operation of businesses in the Downtown Area and to protect the public health, safety, and general welfare of the surrounding community. The concentration of business establishments engaging in the sale of alcoholic beverages in Downtown has necessitated the regulations established herein to enable the City to effectively address nuisance and criminal activities occurring in the area. 5.80.020 Definitions. Whenever used in this Chapter, words and phrases shall have the meanings defined in this section, or in HBMC Title 17, unless the context clearly requires otherwise: “ABC” means the California Department of Alcohol Beverage Control. “Chief of Police” means the Chief of the City of Hermosa Beach Police Department, or designee. “Customer” means any individual occupying an establishment’s service area when the establishment is open for business, excluding establishment personnel. “Downtown” means the Downtown District as that District is defined in PLAN Hermosa. “Immediate Area” means: on Pier Plaza, fifty feet in all directions of the Premises; and for all other places it means (1) to the edge of the sidewalk in the front of the Premises, and the depth of the alley behind the Premises, to adjacent property lines on both sides; (2) the public right of way in front of and to the rear of the Premises that is in full view from the business entrances; and (3) any parking lot under the control of the Licensee, or where spaces are provided for the business. “Premises” means any property occupied by or devoted to use as an Alcohol Beverage Establishment. 5.80.030 License required. In addition to any license or permit required under HBMC Chapter 5.04, Title 17 or any other applicable law, it shall be unlawful for any person to carry on, maintain, or Ordinance No. ___ Page 7 of 18 ________________ conduct the sale of alcoholic beverages in the Downtown without first obtaining a valid license pursuant to the provisions of this Chapter. This Chapter applies to Alcohol Beverage Establishments, on and off sale, in the Downtown, excluding Restaurants with On Sale Alcoholic Beverages limited to beer and wine and closing at 11:00 p.m. or earlier. 5.80.040 License application procedure. A. Any person seeking a license pursuant to this Chapter shall submit a completed application to the City on a form prescribed by the Police Department and containing the following information: 1. The name, address, and telephone number of each business owner seeking a license. 2. The business name, address, and telephone number of the single, fixed location for which a license is sought. 3. A single name and mailing address of an agent authorized by each business owner to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter. If an authorized agent is not supplied, each business owner shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. A certified copy of all valid ABC permits, licenses, and conditions of operation. 5. Description of business activity and business operations. 6. A Security Plan, which must include (a) details on training employees for safe alcohol service (ABC Responsible Beverage Service Training or its equivalent as determined by the Chief of Police); (b) plan for dealing with intoxicated customers; (c) protocols for preventing loitering and criminal activity outside any of the entrance/exit doors at all times the business is open and in the Immediate Area; (d) preventing service to minors; (e) training and procedures for ID recognition; (f) other security protocols to ensure safe and responsible alcohol sales; and (g) a light plan for interior and exterior lighting. 7. Alcohol service and food service plan, including the kitchen floor plan. 8. Designated managers, and contact information for all managers, current as of at the time of application. 9. Detailed floor and seating plan, including tables, chairs, service areas, kitchen, storage, host area and other details to demonstrate the full scope Ordinance No. ___ Page 8 of 18 ________________ of operations. The plan must meet all applicable code requirements, including without limitation requirements for ingress, egress, accessibility and fire safety. 10. All city permits required for the business operation. 11. Certification on management having received ABC Licensee Education on Alcohol and Drugs (LEAD) training and Responsible Beverage Servers Training, or equivalent as determined by Chief of Police. 12. Such other information as the Chief of Police deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this Chapter. B. The City Council may establish by resolution the amount of an application fee in an amount not to exceed the City’s reasonable cost of providing the services required by this Chapter. The City shall not accept a license application unless accompanied by payment of such fee. C. An applicant or agent thereof shall inform the Police Department in writing of any change in the information submitted on an application for a Downtown Alcohol Establishment License within ten (10) business days of a change, including the names and contact information for designated managers. 5.80.050 Issuance and Grounds for Denial of License. A. Upon the receipt of a completed application for a Downtown Alcohol Establishment License and the corresponding application fee, the Police Department, with consultation of the Finance, Community Development, and Public Works Departments, shall issue a license unless substantial evidence exists for one or more of the following grounds for denial: 1. The information presented in the application is inaccurate or false or incomplete. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. 2. Issuing a permit at the proposed location is unlawful pursuant to this Code (including without limitation the Hermosa Beach zoning ordinance and business license regulations), or is unlawful pursuant to any other law. 3. The applicant’s business is not operating in compliance with any applicable ABC license or permit. 4. The applicant has had a license issued pursuant to this Chapter revoked within the preceding twelve (12) months. Ordinance No. ___ Page 9 of 18 ________________ 5. The applicant is indebted to the City for any unpaid fee or fine. B. Prior to license issuance, the Chief of Police may provide comments in writing or may request a meeting with the applicant to review the application submittal and may request revisions or supplemental information for the application to demonstrate that all of the required information in 5.80.040 has been provided and that none of the findings for denial in 5.80.050 can be made in the affirmative. Prior to license issuance, a signed ‘Acceptance of License ’ form shall be filed with the Police Department stating that the applicant is aware of, and agrees to accept, all of the conditions of this license. C. Any person aggrieved by a decision approving or denying a license may appeal that decision in accordance to the appeal procedures set out in Section 5.80.090.B.4. 5.80.060 Term and renewal. A. A license issued pursuant to this Chapter shall be valid for one (1) year after the date of issuance, unless it is revoked earlier in accordance with the provisions of this Chapter. The expiration date of each license shall be shown on the license itself and each license shall expire at midnight on the expiration date. B. A person who seeks to renew a license issued pursuant to this Chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the City no later than sixty (60) calendar days prior to the expiration of the license. Any license issued pursuant to this Chapter that is not timely renewed shall expire and become null and void at the end of its term. C. The application for a renewal shall be on a form provided by the Police Department and indicate any change in operation that deviates from the submitted license application materials submitted under Section 5.80.040. D. The Chief of Police may perform a license compliance review prior to issuance of a renewal to determine if the findings for issuance can still be made in the affirmative and whether any additional conditions are necessary to meet the purpose and requirements of this Chapter and/or to protect the public health, safety and welfare. E. Imposition of Conditions on Renewal; Hearings. Not less than fifteen days’ prior to the renewal date, the Chief of Police shall give written notice to the licensee of any conditions to be imposed on the renewal of a license as may be required to assure that the business operates in a manner consistent with the purpose and requirements of this Chapter and to protect the public health, safety and welfare (with the exception of conditions regarding the hours of operation). Conditions addressing hours of operation shall have a duly noticed public hearing before the City Council, and any other hearing that may be required by law under the Zoning Ordinance (Title 17). The existing license will remain in effect and not expire during the period of any required hearing on hours of operation. Ordinance No. ___ Page 10 of 18 ________________ F. Appeal of Conditions of Renewal. Within fifteen days of receipt of the notification from the Chief of Police of the imposition of conditions on a renewal, or denial of a renewal, the licensee may in writing object to the conditions and request a public hearing before the City Manager, or designee or a hearing officer. Notwithstanding, any decision that impacts the terms of a conditional use permit (CUP) may be appealed directly to the City Council. In the event of an appeal, the Chief shall set the application for renewal with conditions for public appeal hearing in the manner set out in Section 5.80.090.B.4.The existing license will remain in effect and not expire pending the determination of any appeal hearing on the renewal. G. Associated Fees. No license shall be renewed unless all other city fees and taxes owed by the applicant (for example, encroachment permit and business taxes) are paid in full. H. An application to renew a license may be denied by the Police Department upon the grounds set forth in Section 5.80.050 of this Chapter, or upon the grounds for Modification and Revocation. 5.80.070 License nontransferable. A. No person shall operate under a name, or conduct business under a designation, not specified on the license. B. A license issued pursuant to this Chapter may not be transferred from one person to another or from one location to another. A change in business owner, business name, or location shall render the license null and void, and shall require a new license to be obtained in accordance with the provisions of this Chapter. 5.80.080 Operating requirements for On-Sale and Off-Sale Alcohol Beverage Establishment. 1. Any person operating under a License issued pursuant to this Chapter shall, at all times, observe the following operating requirements: A. The holder of a License issued pursuant to this Chapter (“Licensee”) shall abide by the requirements of any applicable ABC permit, license, or conditions of operation, and any other applicable permit, license, code, law and conditions of the license issued under this Chapter 5.80. B. A copy of the operational standards/findings, any applicable ABC and/or City operating conditions, and any training requirements set forth in this Section shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment and presented to any law enforcement officer or authorized official upon request. Ordinance No. ___ Page 11 of 18 ________________ C. A manager who is aware of the conditions of this License shall be on the premises during business hours. D. No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place. E. Lighting shall be installed as set out in the Security Plan required under Section 5.80.040.A.6. Exterior lighting shall be operable, and shall remain lit during all hours of darkness when the business is in operation (motion detector lighting may be used during hours of darkness when the business is closed, except low-level (three feet or less in height) security lighting). Any required lighting must be directed and shielded so as not to glare onto adjoining residential properties and must have a housing to protect against breakage. Any required lighting must illuminate the adjacent public sidewalks and all parking lots under the business establishment’s control in a manner that allows law enforcement personnel to identify persons standing in those areas. Any broken or burned out lights shall be required to be replaced within seventy-two hours. New lighting shall be energy- conserving. Lamp bulbs and images for new fixtures shall not be visible from within any on-site or off-site residential unit. New exterior lighting shall not be deemed installed until 30 days after installation, during which period the Building Official may order the dimming or modification of any illumination found to be excessively brilliant or impactful to nearby properties. F. To ensure the safety of the business owner, patrons and law enforcement officers, no more than 20% of the square footage of windows and clear doors of the establishment shall be obstructed by signs or advertising. All signs and advertising shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises. This includes the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. G. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. The removal of all graffiti from the walls, fences, pavement or buildings within twenty-four hours of discovery of its appearance on the property may be required. H. Licensee shall prohibit loitering and littering outside any of the entrance/exit doors at all times open for business and prohibit patrons making excessive noise at closing time. I. The following signs shall be prominently posted in a readily visible manner: (a) "California State Law prohibits the sale of alcoholic beverages to persons under Ordinance No. ___ Page 12 of 18 ________________ twenty-one years of age"; (b) "No Loitering or Public Drinking"; and (c) "It is illegal to possess an open container of alcohol in the vicinity of this establishment". Signs shall be posted in a conspicuous location warning patrons of the illegality of removing alcoholic beverages from the subject property, and carrying and consuming alcoholic beverages in any public place such as the public sidewalk. J. Licensee shall install and maintain a video surveillance system that monitors within the interior of the business and the Immediate Area. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises and Immediate Area. Recordings shall be retained for a minimum of sixty (60) days and video will be available to Police Department upon request. All video security cameras shall be installed to the satisfaction of the Chief of Police. At the discretion of the Chief of Police, Licensee may be required to add additional video cameras. K. The establishment or its operations shall not adversely affect the quality of life for the residents, and/or commercial establishments nearby. L. The establishment shall prevent unruliness and boisterous activities of the patrons on any outdoor patio, any area subject to an encroachment permit from the city, the area outside the business, and in the Immediate Area. M. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24). N. Management shall successfully complete ABC Licensee Education on Alcohol and Drugs (LEAD) training and Responsible Beverage Servers Training, or equivalent as determined by Chief of Police. All persons who are personally engaged in the sale or service of alcoholic beverages or who supervise or otherwise control the sale or service of such beverages shall successfully complete Responsible Beverage Service Training, or equivalent as determined by Chief of Police. The alcohol establishment shall maintain records that management and employees have participated in the required trainings. Records shall be maintained for two years after training. O. The alcohol beverage establishment may be subject to a periodic review process established by the City to verify conformance with the license. 2. The following additional operating requirements shall apply to any business operating under a license issued pursuant to this Chapter for on-sale alcohol beverage sales: A. All alcoholic beverages shall be served in non-disposable drink ware. B. If the business operates under an Alcohol Beverage Control license that requires food service, the continued operation of the business shall be as a bona fide restaurant: the kitchen shall be equipped to prepare food from its component Ordinance No. ___ Page 13 of 18 ________________ ingredients whenever the restaurant is open and it shall offer a full-service menu; food service from the menu shall be available during all hours that the establishment is open for business, provided that said food service may cease one hour prior to close daily. C. Under no circumstances shall furniture or other interior/exterior improvements be rearranged from the floor plan attached to the license application to accommodate dancing, more entertainment or greater occupant load absent approval by the Chief of Police, or Planning Commission if the business operates under a Conditional Use Permit that governs the floor plan. D. Notwithstanding the structural occupant load limits under the Building Code, each Customer in the establishment shall have an available seat at a table or counter, in substantial conformance with the floor and seating plan on file with the Police Department with the license application. Customers are permitted to freely move around the establishment and are not required to be seated at all times; however, each customer shall have an available seat. E. Congregating or lining up of potential customers waiting to enter the establishment (queues) outside the business in any manner, on sidewalks or other public rights- of-way, including Pier Plaza, is prohibited. Unless no table is available, the business must immediately seat a customer if the customer is dining or consuming on-site. In the event no table is available, the staff shall ask the customer to wait in a vehicle or at a location away from the premises. To eliminate queues and crowds outside the business, and the public safety concerns associated with crowds, the business shall implement a phone reservation/call back system and/or digital queueing system that notifies the waiting customer via text, phone call, or other method once a table or seat has become available. No customer shall be permitted in the dining area until the customer has been notified by the restaurant that he or she can be seated. Staff shall be responsible for instructing customers not to form lines or congregate in abutting public areas while waiting to be seated. Notwithstanding the above, any business with an Alcohol Beverage Control License to operate without required food service (commonly referred to as a bar) shall implement a digital queueing system whereby when the business is operating at maximum occupancy, the business can notify the customer when it is their turn to enter the business and discourage queueing outside the establishment. 3. The following additional operating requirements shall apply to any person operating under a license issued pursuant to this Chapter for off-sale alcohol beverage sales: A. Chilled Alcoholic Beverages. Refrigerated or otherwise chilled alcoholic beverages shall not be sold after 11:00 p.m. daily. B. The sale or distribution to the customer of paper or plastic cups in quantities Ordinance No. ___ Page 14 of 18 ________________ less than their usual and customary packaging is prohibited. C. Prohibited Products. To discourage nuisance activities and public consumption of alcohol, an off-sale alcoholic beverage establishment shall be prohibited from selling the following products: a. Wine or distilled spirits in containers of less than three hundred seventy-five milliliters; b. After 11:00 p.m., wine or distilled spirits in containers of less than seven hundred fifty milliliters; c. Single containers of beer, malt liquor, alcoholic seltzers, malt beverages, wine coolers and other similar flavored alcoholic beverages; d. Containers of beer, malt liquor, alcoholic seltzers, malt beverages, and wine coolers not in their original factory multi-packages; e. Containers of beer, malt liquor, alcoholic seltzers, malt beverages, and wine coolers larger than thirty-nine ounces. 5.80.090 Violations: Fines, Tiered Penalties. A. Administrative fine. In addition to any other penalty authorized by law, violations of this Chapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 1.10 of this Code. B. Tiered Penalties. 1. Tier 1. Counseling. If the Chief of Police determines that the Licensee has violated the terms of this Chapter, including without limitation the operating requirements in Section 5.80.080, conditions of the license or Licensee’s obligation to comply with all ABC requirements, the Licensee shall meet with the Chief of Police and other related City Departments to address the violations, any community concerns and to discuss how Tier 2 Probation may be avoided. 2. Tier 2. Probation. If the Chief of Police determines that the Licensee has violated the terms of this Chapter, including without limitation the operating requirements in Section 5.80.080, conditions of the license or Licensee’s obligation to comply with all ABC requirements, again within a 90-day period, or there is a single incident involving violence, the Chief of Police may impose some or all of the following additional conditions on Licensee’s operations for a period up to four weeks, in the Chief’s discretion based on the severity, frequency and impact of the violations: a. Licensee shall provide security personnel, at the licensee’s expense, on the Premises during all or specified hours to prevent Licensee's operations from creating a public nuisance. Security personnel must be Ordinance No. ___ Page 15 of 18 ________________ devoted to providing security services during the work shift and shall not be engaged in other assigned employment duties. Employees with other assigned employment duties during a work shift shall not be considered to be providing security, as may be required by this this Section. b. All entertainment activity must cease by no later than 9:00 p.m. on Sunday through Wednesday nights and no later than 10:00 p.m. on Thursday through Saturday nights. The Chief of Police is authorized to make adjustments of up to one (1) hour in these times to protect the public peace. c. If the violations have caused disruptions to the community, require the Licensee to meet with concerned community members and city personnel. d. Provide a periodic report to the Chief of Police explaining how the violation has been remedied and/or discontinued and steps taken to avoid future violations. The number of reports required shall be determined by the Chief of Police. e. Weekly meetings with the Chief of Police. f. The business shall close earlier than its allowed closing time. g. Any additional measures deemed necessary by the Chief of Police or the Fire Chief or designee to protect the public health and safety. 3. Tier 3. Suspension. Licensee’s failure to correct the Tier 2 violations as directed by the City within a period not to exceed thirty (30) days, and/or any additional violation of the operating requirements in 5.80.080, conditions of the license or Licensee’s obligation to comply with all ABC requirements within the following six month period after the time for correction has ended, shall result in the temporary suspension of the License. The length of suspension shall be determined by Chief of Police. In lieu of suspension, the Chief of Police may impose additional Tier 2 conditions for longer periods of time. 4. Appeal. Any person aggrieved by a decision to impose Tier 2 probation conditions or Tier 3 suspension may appeal the decision to the City Manager, or designee or designated hearing officer, by filing a written notice of appeal with the City Manager within ten (10) days of the City mailing out the notice of decision from the Chief of Police. Notwithstanding the above, any decision that impacts the terms of a conditional use permit (CUP) and/or is issued in conjunction with a suspension of the CUP is appealable directly to the City Council in conjunction with the appeal provided for in Section 17.70.040.B. Upon receipt of a timely, written request for an appeal, the City Clerk shall set a hearing to occur within forty-five (45) days and shall provide written notice of Ordinance No. ___ Page 16 of 18 ________________ same by first class mail to the appellant. The appeal review body may sustain, modify or reverse the decision upon written findings within thirty (30) days of the conclusion of the hearing. The appeal decision may include imposition of different or additional Tier 2 conditions or a different suspension period, and the appeal hearing may be combined with Revocation or Modification proceedings. The decision to impose Tier 2 conditions or a Tier 3 Suspension will be stayed pending the decision on the appeal; however, any additional violations that take place before the appeal hearing may be considered in making the determination on the appeal. Notwithstanding, the decision to suspend the license that is based on an imminent threat to public health or safety may not be stayed pending the appeal hearing; however, the appeal hearing shall be expedited and heard promptly. The decision on the appeal shall be final. 5.80.100 Modification and Revocation. 1. In addition to any other penalty authorized by law, a license issued pursuant to this Chapter may be modified or revoked based on any of the following grounds: a. The review authority finds that any of the circumstances specified in Section 5.80.050 exist. b. Licensee has not modified business operations in compliance with applicable Tier conditions and continues to violate the terms and conditions of the License. c. The licensee or his/her agent or employee has continued to operate after a license issued pursuant to this Chapter has been suspended. d. The licensee has repeatedly and continuously violated the provisions of the License or conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public. e. The building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, and building and safety laws of the State of California or the ordinances of the City of Hermosa Beach. f. That the licensee has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity whose license is being considered for revocation. g. That the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record to be filed with the Chief of Police. Ordinance No. ___ Page 17 of 18 ________________ h. That the licensee, licensee’s employees, agents or manager, has violated any provision of federal or state law or any provision of the City of Hermosa Beach Municipal Code or any other statute, rule or regulation on the business premises or relating to the licensed activity. i. That the licensee has failed or refused to notify the Chief of Police or designee of any change in facts as required by this chapter within ten days after such change. j. That the licensee has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the license which is being considered for revocation. 2. No license may be revoked or modified without affording the holder thereof notice of the potential revocation or modification, and an opportunity to be heard at a hearing before the City Manager, or designee or designated hearing officer. Notwithstanding the above, any potential revocation or modification that impacts the terms of a conditional use permit CUP shall be heard by the City Council. The decision on the revocation or modification shall be final. Section 3. Administrative Citations and Penalties. Section 1.10.040 of Chapter 1.10 of Title 1 the HBMC is hereby amended to add subparagraph (A)(22) to read as follows: “22. Chapter 5.80: Downtown Alcohol Establishment License” Section 4. The Chief of Police may promulgate and enforce administrative regulations in the implementation and enforcement of this chapter. Section 5. Environmental Review. The City Council finds this ordinance is exempt from the California Environmental Quality Act (“CEQA”) as provided in Section 15061(b)(3) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3). The ordinance is enacted pursuant to the City’s police powers to abate nuisances occurring on premises licensed to sell alcoholic beverages; as such, it is largely administrative in nature and designed to improve and not degrade environmental quality by mitigating nuisance activities that threaten the public health, safety, and welfare. Therefore, it can be seen with certainty that adopting this ordinance would not have a significant adverse effect on the environment under CEQA Guideline 15061(b)(3). Staff is directed to file a notice of exemption within five (5) days of the adoption of this ordinance. Section 6. Effective Date. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage. Businesses that are already in operation on the effective date of this ordinance shall have 90 days from the effective date of the ordinance to apply for and obtain the license. Ordinance No. ___ Page 18 of 18 ________________ 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 of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. Section 8. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this ____ day of _____________ 2021. VOTE: AYES: NOES: ABSTAIN: ABSENT: _________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0278 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0279 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 RECOGNIZING NATIONAL POLICE WEEK MAY 9−15, 2021 City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0265 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 16−22, 2021 City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0266 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 COVID-19 UPDATE City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0267 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 UPDATE FROM CHIEF LEBARON ON ENFORCEMENT MEASURES City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0268 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 WRITTEN COMMUNICATION Recommended Action: Staff recommends City Council receive and file the written communication. Attachments: 1.Email from Tony Higgins submitted April 29, 2021 2.Letter from Matt McCool submitted May 4, 2021 City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ START April 21, 2021 To: City Council Parks Commission Planning Commission Public Workd commission Subject: A dysfunctional city. I am writing to ask the City Council to objectively consider the behavior of city officials related to: (1) ATTACHMENT A. that describes the cities response to county Covid health orders, where city officials stood by and even recklessly encouraged behaviors that clearly endangered VULNERABLE POPULATIONS during the pandemic’s peak, when people were dying a record rates, when LA County was the epicenter of the covid19 crisis and health care workers were pleading for help and cooperation from citizens and cities alike. AND (2) ATTACHMENT B. that describes manner in which the single lane configuration on Hermosa & Pier Ave was implemented and that denied VULNERABLE COMMUNITIES their right to a formal review of the impacts and possible mitigations provided for under law by the CEQA statute. The problem in asking the city council to objectively consider these acts is that it’s a classic case of the fox guarding the hen house. Attachment A. & B., when taken together point to city officials and a city government that put its pet projects and the interests of the chamber of commerace ahead of the health, safety and quality of life of residents, vulnerable populations and vulnerable neighborhoods. It’s as simple as that I believe there must be an investigation and the responsible city officials including the city manager and the city council must face the consequences of their actions. These actions, by any reasonable measure led to unnecessary deaths, severe illness and an erosion of the public trust. Every claim I make in Attachment A & B below can be backed up by photographs, public records requests and email correspondence that I will be happy to provide. ATTACHMENT A. OPEN LETTER TO HB CITY COUNCIL April 20, 2021 To: City Council City Manager Suja Lowenthal City Attorney Michael Jenkins HB Police Chief Paul LeBaron Subject: Hermosa Beach Covid Response In the HB City Council candidate forum on March 26th the Easyreader moderator asked: Face masks, agree required with enforcement? https://easyreadernews.com/hermosa-beach-city-council-election-forum-five- candidates-14-questions/? fbclid=IwAR1sjF7CUPf5Q4WaRKFiX8miMSSjOZPYclVZ3PiHlNWlJyjQAbe6WDI8Fsc This question belies a much larger auestion that none of the candidates spoke to: did city officials undermine county health orders meant to protect vulnerable populations & the general public AND if so should they be called to account and to what end? Three examples point to a pattern of city behavior that if true can and should not be ignored. During the 3rd wave of the pandemic (Nov-Jan), while our local hospitals were overwhelmed, when doctors & nurses were pleading for community help and vulnerable populations were dying at record rates, the HB the City Manager Suja Lowenthal, the City Attorney Michael Jenkins and the Police Chief Paul LeBaron ignored county health orders and allocated public space for restaurant-owned tables, to undermine and bypass the LA County outdoor dining ban. These officials knew this would lead to face to face multihousehold dining and that knew it was violation of county health orders. The city councils own health experts (BCHD) advised against outdoor dining in 2 city council meetings but the HB council ignored their advice and allowed this thinly veiled subversion, putting at risk populations in danger. To add insult to injury, the City Council allowed restaurant owners that knowingly participated in undermining the outdoor dining ban to qualify for a city lottery of ~$135,000 in federal tax payor covid relief funds. This is not the kind of leadership Hermosa Beach deserves. The rules were clear and contained in the health order, cities cannot weaken county health orders, they can only strengthen them if local conditions warrant. The city knowingly disregarded and undermined the county health order. There must be an accounting. In the second example, the city allowed organized flag football at Valley Park nearly every weekend THROUGHOUT the peak of the pandemic. On several occasions over the course of several weeks I emailed pictures of these regularly occurring flag football games at Valley Park to HB city officials. I even provide the times times the games seemed to be scheduled hoping they would do their duty and intercede; but the games still went on, week after week throughout the peak of the pandemic. On one occasion captured by a HBPD police body cam video AND reviewed by Chief LeBaron, the officer tried to justify not enforcing the county ban on multihousehold sporting events and specifically flag football. Anyone can see in flag football there is considerable face to face contact, blocking, physical contact, players sprinting down the field and then huddling tightly together; breathing heavily. How can that not be risky. But apparently our police department thought it was just fine. Think about it, how can you maintain 6 ft distance and pull a players flag unless you are an orangoutang? Third, the city of Hermosa entered into a contract with a third party to enforce the emergency health order (aka mask mandate) passed in July of 2020. In justifying the expenditure city officials implied their sworn officers and community service officers simply did not have the time to enforce a mask mandate to protect Hermosa’s Covid vulnerable populations; basically saying they didn’t have the resources. Well no business or government entity ever has the resources it needs to do everything it wants. Management is about prioritization and clearly identifying what won’t get done if a new task (e.g. mask enforcement) is undertaken using existing resources. This used to be called an impact analysis and is just management 101. But our city manager didn’t think this impact analysis was needed or if it was done it wasn’t shared with the public. Worse yet, our city council didn’t have the common sense to demand it before opening the taxpayer checkbook. Now here is the rub, while the city claimed Valley Park was patrolled by green-vested Covid safety officers on at least 20 occasions between Nov-mid Feb and claimed that hundreds of people were verbally warned to mask-up at Valley Park NOT A SINGLE WRITTEN WARNING OR CITATION WAS EVER ISSUED at the park per a HB public records search. Also, anyone that regularly frequented the park between August & December knows the mask ordinance was largely being ignored except by vulnerable seniors. So if the city was serious about enforcement why, in the face of rampant mask non-compliance and frequent multihousehold gatherings and regularly scheduled sporting events did these contracted Covid safety officers fail to issue a single written warning or citation at Valley Park? Remember, this happened at the peak of the pandemic, when LA County was the epicenter of the Covid crisis, when doctors and nurses were pleading for community support. There are many other examples I could cite from beach volleyball that was explicitly prohibited by the county order to the crowds these volleyball games attracted to city sponsored daycare where the city maintained masks were being worn as required by county safety orders and were not, to the simple fact that on the beach, during the peak of the pandemic virtually no one wore a mask. This continues to this day. If the city were to respond they would probably say there was nothing they could do. That would be a lie. On many occasions I recommended the city take some kind of action including using short term closures of the beach, strand and parks to send the message that mask scofflaws would not be tolerated. The city could have issued written warnings at our parks so repeat offenders could be tracked and citations issued. They could have put an end to the regularly scheduled flag football games and other large regularly scheduled FOR-PROFIT activities that were happening every weekday afternoon during the peak of the pandemic. I sent pictures of this too The city could have removed the volleyball nets since the county order specifically excluded volleyball for good reason; heavy exertion and face to face contact at the net. Most of the nets were allowed to remain up throughout the peak of the pandemic despite the ongoing violations. And certainly no one forced the city officials to allocate public space so that restaurant owners could subvert the county outdoor dining ban. According to a Brookings Institute study published this March, ~ 400,000 died unnecessarily and many more suffered debilitating long term consequences from Covid. https://www.google.com/amp/s/mobile.reuters.com/article/amp/idUSKBN2BH1DK Look, there is a chance still more deadly antibody resistant varients will spring up and reinfect vulnerable populations. There is a chance that new varients could evolve to attack children. We need to be prepared for this. County safety protocols need to work and the city needs to do the work to make sure that can happen if things go bad again. And if you think I’m angry, think about how our local health care workers and family members of those that died must feel. Betrayal might just about cover it. So now the question that remains is will anyone on the city council or any of the the city council candidates step up and ask for an investigation. There must be reckoning before there can be a reconciliation. But this is complicated. An honest investigation is required, mistakes must be acknowledged and improvements made. Covid is not over and just like the 100 year storms that seem to be happening every few years nowadays, a doubling of the worlds population by 2050 can only lead to more frequent pandemics. But I also believe that some of the city officials that made poor decisions during the pandemic are honorable people that put themselves on the line and served, and have done a lot of good for the community. That cannot be forgotten either. But I also believe the cities actions described above constitute culpable negligence for which city officials should NOT have qualified immunity, But LIKE the police officers in the George Floyd murder, there will not be accountability unless the community demands it. Anthony Higgins. ATTACHMENT B. April 20, 2021 To: City Council City Manager Suja Lowenthal City Attorney Michael Jenkins HB Police Chief Paul LeBaron Subject: Single Lane Implementation I walked out of my house this morning and was welcomed into my front yard by the thick smell of auto exhaust from vehicles backed up at the intersection of 27th & Morningside then speeding up westbound 27th. Often these vehicles reach 40mph by the time they pass over the crest. The speed limit is 25mph on this steep and narrow road with dangerously obstructed sidewalks. Since the single lane configuration the number of times there are 4 or more cars at this intersection has at least quadrupled over what it was before the single lane configuration . Driver impatience has skyrocketed as evidenced by increased honking as drivers cut onto Morningside to avoid delays on Gould adjacent to Valley Park. Most days you cannot stand in front of your house on 27th and have a conversation with your neighbor. It’s just too noisy. The smell of auto exhaust and not ocean air dominates your senses. The situation on 27th street has only gotten worse since the opening of Vista Elementary School and will undoubtably get much worse as the weather warms, as beach goers flock to our beaches and bars and the city opens the flood gates on special events to make up for lost business and city revenues. This is the new priority not resident quality of life. The city has denied our neighborhood the protections provided by the CEQA statute; protections that would have required the city assess and identify significant impacts of restricting traffic on Pier Ave the main east /west artery in the city and the cities only east/west truck route and Hermosa Ave, the westside’s main north/south artery. I believe the city knew there were several potentially significant noise, traffic and pollution problems associated with the single lane configuration that would exacerbate existing problems in vulnerable neighborhoods like 27th street and did everything possible to avoid CEQA. I believe the city knew the single lane configuration would bring unmitigatable impacts to our neighborhood and knew that heavy truck traffic & vehicle congestion associated events like fiestas, the AVP tourney and events like the Teen Choice Awards would only make things worse for residents of vulnerable neighborhoods impacted by the single lane configuration. I believe that with outdoor dining and a single lane configuration it’s certainly a possibility that the city will want to route the special event heavy-truck and vehicle traffic onto overloaded residential streets like 27th; where General Plan noise limits for R2 neighborhoods are already being exceeded. I believe city officials know that it’s unlikely the single lane configuration would stand up to a CEQA analysis and therefore took advantage of the Covid crisis to do what they could have not otherwise done. In my view one cannot ignore the possibility that the cities intention is to drag out the single lane configuration for as long as possible and use the Covid tragedy as a tactic to avoid a formal CEQA EIR. It’s absurd to think the reconfiguration of the only east west truck route in the city and a major commuter route does not require an EIR. Once again i ask will the city commit to a CEQA review and how much longer do we have to wait? I’ve asked many times and never got an answer. Anthony Higgins Matt McCool mccool.matt@gmail.com May 4, 2021 VIA ELECTRONIC MAIL Councilwoman Stacey Armarto City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254-3885 RE: Hermosa Beach Police Department Corruption Scandal Dear Councilwoman Armato: The continuing retaliation by the City of Hermosa Beach is becoming a very explosive situation, in which this corruption scandal could blowup City Hall. The truckload of evidence in my possession, if released to the public, will have a volatile reaction within the community. Furthermore, I believe it will have a catastrophic impact on the 2022 City Council election. In June 2020, I was interrogated by two NCIS special agents at the Naval Criminal Investigative Services Southwest Field Office in San Diego. I was the target of a joint Federal criminal investigation between the Federal Bureau of Investigation (FBI) and Naval Criminal Investigative Services (NCIS) for my May 3, 2019 Facebook post. A post, in which I questioned the HBPD redactions of a false criminal report filed against me by your associate. My accuser believes “Sic Semper Tyrannis,” is a terrorist threat. When in fact, it is a common Latin phrase, and even used as the state motto for the Commonwealth of Virginia. Anyway, following the preliminary questioning, I was asked by one of the special agents about my tattoos and associations with right-wing extremist groups, such as the “Three Percenters.” I do not have any tattoos, nor am I associated with any right-wing extremist groups. Actually, I had to lookup “Three Percenters,” which is a far-right, anti-government militia movement. For the record, on January 6, 2021, I was NOT at the United States Capitol. At no time during the interrogation did I believe I was seriously questioned for any type of crime. Furthermore, at no time did I believe the special agents believe I committed any crime. I believed the interrogation to be simply routine, as I am sure, I was very well vetted prior to questioning. The circumstances were so egregiously false, I never asked for legal counsel. Additionally, I volunteered for a polygraph and psych evaluation. I even went as far as apologizing to the special agents. It was obvious, the City of Hermosa Beach used the FBI and NCIS to execute a character assassination against me. I understand there is an inherent natural tendency of Federal law enforcement to believe a member of the HBPD command staff over me. However, the HBPD only has hearsay, lies and malicious prosecution against me. In contrast, I have evidence of obstruction of justice and conspiracy against the HBPD. This seven-year corruption saga can be resolved with the records of investigation, but they were destroyed… Fiat justitia ruat caelum, Matt McCool cc: Hermosa Beach City Council (via email) Hermosa Beach City Manager, Suja Lowenthal (via email) Hermosa Beach City Attorney, Michael Jenkins (via email) Hermosa Beach Police Chief, Paul LeBaron (via email) Hermosa Beach City Clerk, Eduardo Sarmiento (via email) City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0269 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0270 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 CITY COUNCIL MEETING MINUTES (City Clerk Eduardo Sarmiento) Recommended Action: Staff recommends City Council approve the following minutes: 1.April 27, 2021 Regular City Council Meeting 2.April 21, 2021Adjourned Meeting CIP Study Session Due to staffing shortages in the City Clerk’s office, the following minutes will be provided as soon as they become available: 1.May 26, 2020 Special Meeting 2.June 9, 2020 Regular Meeting 3.June 23, 2020 Special Meeting 4.October 13, 2020 Regular Council Meeting 5.October 19, 2020 Adjourned Regular Meeting 6.October 27, 2020 Regular Meeting Respectfully Submitted by: Eduardo Sarmiento, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ Hermosa Beach City Council Regular Meeting Minutes Tuesday, April 27, 2021 Closed Session-Canceled, Regular Session 6:00 P.M. Virtual Meeting via Zoom City Council Justin Massey, Mayor Michael Detoy, Mayor Pro Tem Stacey Armato, Councilmember Mary Campbell, Councilmember I. CALL TO ORDER The City Council Regular Meeting of the City of Hermosa Beach met via a virtual meeting held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom March 17, 2020 on the above date. Meeting was called to order by Mayor Massey at 6:01 p.m. II. PLEDGE OF ALLEGIANCE The pledge of allegiance was led Mayor Massey. III. ROLL CALL Present: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey Absent: None IV. CLOSED SESSION REPORT Close session was canceled. V. ANNOUNCEMENTS Mayor Massey began his announcements by providing a reminder regarding the upcoming Special Municipal Election. The May 11 election will be conducted through the mail, which will help to ensure safety during the ongoing COVID-19 pandemic. The winning candidate will serve 22 months, the remaining term of office for that seat. Official Sample Ballot booklets, which contain the candidates’ names, occupations, and statements, were mailed to registered voters on April 20. Voters can return the ballot through the U.S. Post Office or any “bona fide” private mail delivery company. Voters may also drop off a ballot at the Vote -By-Mail drop box located behind the Hermosa Beach library across from City Hall. These ballots must be dropped off before 8 p.m. on May 11 to be counted. Any mailed ballot must arrive no later than May 14 to be counted. This date includes a three-day grace period for mail delivery. Five candidates will appear on the May 11 ballot. They are:  Randy Balik  Dean Francois  Raymond Jackson  Daniel Rittenhouse  Tara McNamara Stabile Counting of the ballots will begin May 13, and election results are expected to be certified by the L.A. County Registrar/Recorder’s Office on May 24. The candidate with the most votes will be declared the winner. There will be no runoff election. To learn more about the Special Municipal Election and the individual candidates, please visit the Elections page on the City’s website. Mayor Massey then provided a reminder regarding the Wyland National Mayor’s Challenge for Water Conservation, which began April 1, 2021 and ends April 30, 2021. The nonprofit national community service campaign encourages residents to make a series of simple pledges at www.mywaterpledge.com to use water more efficiently, reduce pollution and save energy. Mayor Massey requested everyone do their part in advocating for clean water and a healthy ocean. Mayor Massey added that over the past 10 years, the City of Hermosa Beach has used over 300 million gallons of recycled water at parks and public areas to conserve water and protect the environment. He encouraged all Hermosa residents to join him – and the City – in taking the pledge to personally conserve water at www.mywaterpledge.com Mayor Massey concluded by announcing that community members have organized a rally for the Asian American Pacific Islander community this Saturday, May 1, 2021 at the corner of PCH and Pier Ave, on the Community Center lawn. Participants can design their own poster for South Bay vs. Hate and bring it to the demonstration for a chance to be featured on the L.A. vs. Hate website. The rally will also include a community art installation, taekwondo demo with Quest Taekwondo, and musical guest, Joker’s Hand. Masks and social distancing will be required. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting). VI. APPROVAL OF AGENDA MOTION: Councilmember Campbell motioned to approve the agenda with item 11g being pulled from the consent calendar for separate consideration, seconded by Councilmember Armato. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None VII. PROCLAMATIONS/PRESENTATIONS a. COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT b. INFORMATIONAL UPDATE ON HEALTHY LIVING CAMPUS DRAFT EIR (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting) VIII. CITY MANAGER REPORTS City Manager Lowenthal began by providing an update on the COVID-19. She shared that the health emergency is not over, but there is light at the end of the tunnel. Today, the Centers for Disease Control and Prevention announced new guidelines for going without masks outdoors for people who are fully vaccinated against COVID -19 and – in some cases – for people who are not fully vaccinated. She went on to share that California Gov. Gavin Newsom responded today, saying that the State has made incredible progress in controlling the spread of COVID-19, resulting in the lowest positivity rate in the country. The State also has administered more than 28 million vaccine doses. As a result, he said the State is moving to align California’s guidance with the CDC’s updates on mask wearing. Los Angeles County will also be reviewing the updated protocols on mask wearing. Once County guidance is provided, the plan is to move forward in aligning Hermosa Beach’s protocols in with any changes that the County may make in its mask guidelines. Ms. Lowenthal emphasized that we must remain cognizant that many in our area are still not vaccinated and the threat of COVID-19 variants remain. She encouraged all residents to remain vigilant and continue public health prevention measures – like wearing masks when appropriate and getting vaccinated. City Manager Lowenthal then announced that Hermosa Beach will host its second COVID-19 vaccination clinic on Friday, May 7 , 2021. Those who received their first dose at the Hermosa Beach Clinic on April 13, 2021 will be able to receive their second dose of the Pfizer vaccine from 8 a.m. to 11 a.m., participants should already have an appointment. First doses of the vaccine will be administered as well from 1 p.m. to 4 p.m. at the Hermosa Beach Community Center at 710 Pier Avenue. Anyone age 16 or older is eligible and must make an appointment. Young people who are ages 16 and 17 should be accompanied by a parent or guardian. Please reach out to our Emergency Management Coordinator at oem@hermosabeach.gov or via phone 310-947-0341. Ms. Lowenthal then briefly shared the communitywide reopening, recovery and resilience plan which will be shared later in tonight’s meeting. The plan is titled it Hermosa SHINES. This name represents not only Hermosa’s sunny weather and City seal but the SHINES part of the name is also an acronym that represents the six critical elements of the plan: Safety, Health, Infrastructure, New technology, Economic development and Service. By focusing efforts on these six critical elements, Hermosa SHINES serves as a strategic guide to ensure that the community moves forward in a positive, cohesive and fo rward- thinking way. The Hermosa SHINES Plan is the consolidation of ongoing and planned initiatives and projects from all our City departments. It will serve as a guide for our work over the next 12-18 months. In the plan, we will provide details on how the City will safely restore in-person services at City Hall and City facilities while continuing to offer virtual/online services for the convenience of the community. Hermosa SHINES will also help inform several upcoming City Council decisions. These include the City’s 2021-22 budget, as well as proposals to make Downtown a more welcoming retail, dining, and entertainment destination and whether to continue outdoor dining and other pandemic initiatives that supported local businesses and residents. We will also be discussing Hermosa SHINES in greater depth at a May 13 Study Session, so we invite the community to join us then and to provide its input to us. City Manager Lowenthal then transitioned to provide an update on the West Coast Sea Water Barrier Project. The project is continuing along the northern half of our Greenbelt, led by Los Angeles County Public Works in replacing existing three wells that help prevent sea water from intruding our fresh groundwater supply. City staff regularly inspect s the project and communicates with County staff to ensure impacts to the community are minimized. More signage will be installed this week and more permanent signage is coming soon. The project is estimated to last through the summer. Community outreach activities for the Hermosa Avenue Green Street Project took place last week. Hosted by the project’s consultants, two pop -up events were hosted near Kay Etow Parkette during the week and a virtual meeting was held via Zoom on Saturday, April 24, 2021. These events helped introduce the neighborhood to some of the storm water pollution reduction elements proposed for this project including dry wells, permeable gutters, and rain gardens. The consultants for the project will be finalizing concept designs in the coming months and staff will bring updates to the City Council and Public Works Commission as they become available. Ms. Lowenthal concluded her report by announcing the winner of the 2nd Annual Hermosa Beach Haiku Challenge. Seven great submissions were received this year, and staff challenged participants to create a poem that reminds the community that there is “No Room for Hate” in Hermosa Beach. After much deliberation, the Community Resources team selected the Haiku by Anfissa Pruitt, currently in 8th grade at Valley School, as the winning entry. Her Haiku is currently displayed on the City’s theatre marquee . Anfissa Pruitt’s Haiku reads: DO NOT WOUND OTHERS WITH YOUR FROZEN ICY HEART JOIN OUR SPRING OF JOY She then congratulated Anfissa on her winning entry, and thanked the community for its participation. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting). IX. PUBLIC COMMUNICATIONS/ORAL AND WRITTEN COMMUNICATIONS The following members of the public provided public comment: 1. John David 2. Gary Clark (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting) a. WRITTEN COMMUNICATIONS MOTION: Councilmember Armato moved receive and file written communications, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None X. CITY COUNCIL COMMENTS a. UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting) XI. CONSENT CALENDAR MOTION: Councilmember Armato moved to approve the balance of the consent calendar with item 11g being pulled from the consent calendar as requested by Councilmember Campbell during approval of the agenda, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None a. CITY COUNCIL MEETING MINUTES b. CHECK REGISTERS c. MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR MARCH 2021 d. MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT e. CANCELLATION OF CERTAIN CHECKS f. CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF APRIL 20, 2021 g. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF APRIL 20, 2021 h. PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS i. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 2, 2021 XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION g. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF APRIL 20, 2021 XIII. PUBLIC HEARINGS – TO COMMENCE AT 6:30 P.M. None XIV. MUNICIPAL MATTERS a. CONSIDERATION OF TEMPORARY SUSPENSION OF HERMOSA BEACH MUNICIPAL CODE SECTIONS AND RELATED REGULATIONS TO ALLOW LIMITED MUSIC AT COMMERCIAL ESTABLISHMENTS The following members of the public provided public comment: 1. Randy Balik 2. Jessica Accamando 3. Dan Rittenhouse 4. Michael Zislis 5. Ed Hart 6. John David 7. Beth Rohde 8. Trent Larson 9. Laura Pena (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting) MOTION: Councilmember Armato moved to approve staff recommendation, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None b. POLICE DEPARTMENT POLICY REVIEW - LAW ENFORCEMENT TECHNOLOGIES MOTION: Councilmember Campbell moved to approve staff recommendation, seconded by Councilmember Armato. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None c. ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 9.42 TO THE HERMOSA BEACH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF FIREARMS IN A RESIDENCE MOTION: Councilmember Armato moved to approve staff recommendation, seconded by Mayor Pro Tem Detoy. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None d. INTRODUCTION OF THE HERMOSA SHINES PLAN FOR COMMUNITYWIDE REOPENING, RECOVERY, AND RESILIENCE MOTION: Councilmember Armato moved to approve staff recommendation, seconded by Mayor Pro Tem Detoy. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. April 27, 2021 Regular City Council Meeting) XV. FUTURE AGENDA ITEMS a. TENTATIVE FUTURE AGENDA ITEMS ADJOURNMENT Mayor Massey adjourned the City Council meeting to April 21, 2021 at 7:00 p.m. for the Capital Improvement Project Program study session meeting. The Council meeting concluded at 10:12 p.m. Eduardo Sarmiento, City Clerk Hermosa Beach City Council Adjourned Meeting Minutes: Capital Improvement Project Program Study Session Tuesday, April 21, 2021 Regular Session 7:00 P.M. Virtual Meeting via Zoom City Council Justin Massey, Mayor Michael Detoy, Mayor Pro Tem Stacey Armato, Councilmember Mary Campbell, Councilmember I. CALL TO ORDER The City Council Regular Meeting of the City of Hermosa Beach met via a virtual meeting held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom March 17, 2020 on the above date. Meeting was called to order by Mayor Massey at 7:01 p.m. II. PLEDGE OF ALLEGIANCE The pledge of allegiance was led Mayor Massey. III. ROLL CALL Present: Councilmembers Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey Absent: None IV. ANNOUNCEMENTS Mayor Massey began his announcements with a somber update regarding the George Floyd case. He shared the jury’s verdict and how it provides a measure of justice to this tragic event and is an important step for the criminal justice system. He emphasized that much remains to be done to balance the enormous challen ges of law enforcement with the enormous challenges of protecting the dignity of every member of the human family. Mayor Massey then segued to the Hermosa Beach Police Departments recently earned fourth accreditation from the national Commission on Accreditation for Law Enforcement Agencies. The Hermosa Beach website provides a t ransparency page allowing easy access to public information, including use of force. Hermosa Beach will continue to build a culture of professionalism, transparency and service in the Hermosa Beach Police Department, so we are a model of effective and professional law enforcement. The Commission on Accreditation for Law Enforcement Agencies’ (CALEA’s) accreditation is considered the “gold standard” in public safety. Law enforcement’s major executive associations created CALEA in 1979 as a credentialing authority, and CALEA says that it accredits “public safety agencies that have demonstrated compliance with CALEA Standards and have been awarded CALEA Accreditation by the Commission.” Mayor Massey then transitioned to the theme of the Capital Improvement Program study session which is Earth Day, and Earth Month. Earth Day is an annual event that started on April 22, 1970. This year’s theme is Restore Our Earth™, which is intended to place the focus on natural processes, emerging green technologies and innovative thinking that can restore the world’s ecosystems. The organizers of Earth Day adopted this theme and are encouraging each of us to Restore Our Earth not just because we care about the natural world, but because we live in it. They are emphasizing the need for a healthy Earth to support our jobs, livelihoods, health and survival, as well as our happiness. As thy say, a healthy planet is not an option — it is a necessity. Mayor Massey then touched on the upcoming climate submit that present Biden is calling. He shared that it will interesting to see what types of clean energy standards will result from the submit that various nations commit to considering the Paris Accords and other agreements. He then shared his latest thoughts on tackling issues like sustainability and clean energy standards. He added that by doing right by our environment we benefit from results like clean air, increased quality of life benefits, and the creation of economic opportunities. The Mayor then shared the website wemeanbusinesscoalition.org where the public can view a joint letter of a long list businesses, large and small to President Biden calling for the inves tment in a resilient, economically sound net zero emissions future for all. Mayor Massey then read an excerpt from the letter and listed some of the prominent businesses who signed it. Mayor Massey then shared that on behalf of Hermosa Beach, he signed ont o a letter signed by Mayors across the country in support of the major infrastructure package the Biden administration is pursuing in congress. The funds would allow Hermosa to tackle infrastructure efficiently, provide clean jobs, and follow the lead of industry and government leaders alike. Mayor Massey closed his announcements by stating he will be leaving the meeting due to conflict and Mayor Pro Tem Detoy will serve as chair for the balance of the study session. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 04-21-21 Adjourned City Council Meeting ). V. PUBLIC PARTICIPATION None VI. CITY MANAGER OPENING REMARKS City Manager Lowenthal began by sharing a brief comparison of the many challenges Hermosa faced amid a global pandemic this time last year. She went on to share how the number of COVID-19 cases continue to decline in the County of Los Angeles, and how this has allowed Hermosa Beach to continue its efforts to re-open various sectors like the economy and schools. Ms. Lowenthal proceeded to describe how the following study session will provide an opportunity to recount the many challenges this last year presented and look forward to creating a more resilient Hermosa Beach through our Capital Improvement Program. City Manager Lowenthal thanked the Public Works team and their ability to nimbly work to help local businesses with outdoor dining expansion, street reconfigurations, and ensuring the day-to-day City needs continue to be met. Ms. Lowenthal then turned it over to Mayor Pro Tem Detoy. Mayor Pro Tem Detoy introduced Public Works Director Marnell Gibson to provide the Capital Improvement Program presentation. a. FISCAL YEAR 2021-22 CAPITAL IMPROVEMENT PROGRAM STUDY SESSION Public Works Director Marnell Gibson and staff presented a detailed presentation on the Capital Improvement Program. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 04-21-21 Adjourned City Council Meeting). VII. CITY COUNCIL QUESTIONS Following staff presentation, City Council engaged in a robust discussion regarding Hermosa Beach Capital Improvement Program. The conversation touched on several ongoing and upcoming infrastructure projects, impacts of the pandemic on city facilities, and project funding. Councilmember questions ranged from projects timelines, status updates, and community outreach on ongoing and future projects. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 04-21-21 Adjourned City Council Meeting) VIII. PUBLIC PARTICIPATION None IX. COUNCIL DISCUSSION No additional discussion occurred between staff and Councilmembers. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 04-21-21 Adjourned City Council Meeting) X. ADJOURNMENT Mayor Pro Tem Detoy adjourned the City Council meeting to Tuesday April 27, 2021 at 6:00 p.m. The Council meeting concluded at 10:05 p.m. Eduardo Sarmiento, City Clerk City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0261 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 4/15/2021 2.Check Register 4/22/2021 3.Check Register 4/28/2021 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ 04/15/2021 Check Register CITY OF HERMOSA BEACH 1 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97169 4/15/2021 ATHENS SERVICES 10141210 CITYWIDE SWEEP/STEAM CLEAN/PORTER/MAR2116660 001-3104-4201 16,353.92 001-3301-4201 10,898.50 001-3304-4201 1,501.69 001-6101-4201 1,601.23 CITYWIDE SWEEP/STEAM/SCRUB/PORTER/MAR2110141210A 001-3301-4201 6,047.04 001-3304-4201 1,427.64 CITYWIDE SWEEP/STEAM/SCRUB/PORTER/MAR2110141210B 001-3301-4201 6,787.10 001-3304-4201 764.74 PD/SHREDDING/2 BINS/APR2110192414 001-2101-4309 45.00 Total : 45,426.8616660 97170 4/15/2021 BARROWS, PATRICK PO 36070 INSTRUCTOR PAYMENT/CLASSES 9240/117271 001-4601-4221 2,118.48 Total : 2,118.4817271 97171 4/15/2021 BEACH GIRL PROPERTIES LLC 263 PARKING METERS - 70 14TH STREET/MAR2116371 001-3842 650.00 Total : 650.0016371 97172 4/15/2021 BRAUN LINEN SERVICE 1666771 to 1671760 PRISONER LAUNDRY/MAR2100163 001-2101-4306 250.55 Total : 250.5500163 97173 4/15/2021 BROWN, DENNIS Parcel 4181-023-006 STREET LIGHT TAX REBATE14236 105-3105 24.61 Total : 24.6114236 97174 4/15/2021 CALIFORNIA FENCE AND SUPPLY CO 7649 MOONDUST PARK FENCE REPAIR03621 001-6101-4309 695.00 Total : 695.0003621 97175 4/15/2021 CDWG 9798622 MAT REQ 791323/BRIEFING PRINTER TONER09632 001-2101-4305 163.81 EOC RADIO BATTERY BACKUP/SURGE PROTECTB081699 2b (1) 04/15/2021 Check Register CITY OF HERMOSA BEACH 2 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97175 4/15/2021 (Continued)CDWG09632 715-1206-5401 358.00 715-1206-5401 61.87 Total : 583.6809632 97176 4/15/2021 COMPLETES PLUS 01AP4271 VEHICLE MAINT/REPAIR PARTS/DEC2009436 715-3102-4311 -109.15 VEHICLE MAINT/REPAIR PARTS/DEC20-MAR2101AP4271 to 01AV1564 715-2101-4311 50.27 715-3302-4311 121.40 Total : 62.5209436 97177 4/15/2021 CONNOLLY, ELIZABETH Parcel 4188-030-009 STREET LIGHT & SEWER TAX REBATE20407 001-6871 126.60 105-3105 24.61 Total : 151.2120407 97178 4/15/2021 COUNTY OF LOS ANGELES C0009784 FIRE PROTECTION SERVICES/MAY2120781 001-2202-4251 458,519.00 180-2202-4251 3,589.00 001-2202-4111 10,630.00 301-2202-4251 30,306.00 Total : 503,044.0020781 97179 4/15/2021 EASY READER HD-21-010 MAT REQ 708586/LEGAL ADS/MAR2100181 001-1121-4323 120.75 Total : 120.7500181 97180 4/15/2021 FJR PACIFIC, INC.23195 PD 1ST FLOOR THERMOSTAT REPLACEMENT21217 001-4204-4201 700.00 COMM CTR RM 12 HEATER VENT PIPE23344 001-4204-4201 995.00 Total : 1,695.0021217 97181 4/15/2021 GENERAL TECHNOLOGIES & SOLUTIO 190507-10 TRAFFIC ENGINEER/OUTDOOR DINE/FEB-MAR2122000 157-2702-4201 2,755.00 Total : 2,755.0022000 97182 4/15/2021 GORODETSKY, VITALY Parcel 4186-028-045 STREET LIGHT & SEWER TAX REBATE14476 001-6871 126.60 04/15/2021 Check Register CITY OF HERMOSA BEACH 3 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97182 4/15/2021 (Continued)GORODETSKY, VITALY14476 105-3105 24.61 Total : 151.2114476 97183 4/15/2021 GOVERNMENT FINANCE OFCRS ASSN 6732 AWARD PROGRAM FEE 19/2000059 001-1202-4201 460.00 Total : 460.0000059 97184 4/15/2021 HOME DEPOT CREDIT SERVICES 4011435 MAT REQ 874754/MAINT SUPPLIES/FEB2103432 001-4204-4309 435.72 MAT REQ 435364/MAINT SUPPLIES/FEB215012220 001-4204-4309 456.79 MAT REQ 435365/MAINT SUPPLIES/FEB215012221 001-4204-4309 183.68 REQ 435336/HEATER FOR JIM'S BAY5900618 001-4204-4309 152.21 MAT REQ 668243/MAINT SUPPLIES/FEB217620173 001-6101-4309 401.21 MAT REQ 435351/MAINT SUPPLIES/FEB218011925 001-4204-4309 270.90 Total : 1,900.5103432 97185 4/15/2021 LA UNIFORMS & TAILORING INC 8493/Mat Req 791322 POLICE UNIFORMS/14 P BUTTONS20771 001-2101-4314 185.22 Total : 185.2220771 97186 4/15/2021 MERCHANTS LANDSCAPE SERVICES 57702 50 TREES/GREENBELT B/T HERONDO & 2ND18071 001-6101-4201 1,505.00 CITYWIDE PARK LANDSCAPING/MAR2157713 001-6101-4201 21,200.00 CITYWIDE MEDIAN LANDSCAPING/MAR2157714 105-2601-4201 3,600.00 Total : 26,305.0018071 97187 4/15/2021 NETRIX LLC 464807 DATTO SERVER CLOUD LICENSING/APR2111539 715-1206-4201 1,957.55 IT SUPPORT SERVICES/APR21767793-5 715-1206-4201 16,096.21 ONSITE TECH/1 ADD'L DAY PER WK/APR21768333-3 04/15/2021 Check Register CITY OF HERMOSA BEACH 4 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97187 4/15/2021 (Continued)NETRIX LLC11539 715-1206-4201 2,184.00 REMOTE SUPPORT LICENSING/MAR21768566 157-2702-4201 268.00 REMOTE SUPPORT LICENSING/APR21768566-3 157-2702-4201 268.00 DATTO SERVER CLOUD LICENSING/JAN21SIN030143 715-1206-4201 1,957.55 Total : 22,731.3111539 97188 4/15/2021 OFFICE DEPOT 15801383001 MAT REQ 791320/OFFICE SUPPLIES13114 001-2101-4305 74.22 MAT REQ 435059/OFFICE SUPPLIES159366018001 001-1204-4305 59.63 MAT REQ 708583/OFFICE SUPPLIES160369176001 001-1121-4305 14.99 MAT REQ 708583/OFFICE SUPPLIES160374669001 001-1121-4305 16.41 MAT REQ 708583/OFFICE SUPPLIES160374673001 001-1121-4305 49.26 MAT REQ 437824/OFFICE SUPPLIES162723938001 001-3302-4305 91.90 MAT REQ 437824/USB CABLES (7)16273938001 001-3302-4305 91.90 MAT REQ 708585/OFFICE SUPPLIES162743886001 001-1121-4305 57.36 MAT REQ 854018/YARD OFFICE SUPPLIES165114599001 001-4202-4305 3.74 Total : 459.4113114 97189 4/15/2021 OPENGOV INC INV00001762 INTERACTIVE BUDGET BOOK (2 OF 6)19485 001-1202-4201 17,995.00 Total : 17,995.0019485 97190 4/15/2021 PROVIDENCE MEDICAL GuarantorID600000285 PRE-EMPLOYMENT PHYSICALS/FEB2101911 001-1203-4320 436.00 Total : 436.0001911 97191 4/15/2021 RACE COMMUNICATIONS Stmt No. RC482942 DEDICATED INTERNET SERVICE/APR2122179 04/15/2021 Check Register CITY OF HERMOSA BEACH 5 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97191 4/15/2021 (Continued)RACE COMMUNICATIONS22179 715-1206-4201 1,022.00 Total : 1,022.0022179 97192 4/15/2021 RICHIE, JOHNATHAN PO 36073 INSTRUCTOR PMT/CLASSES 9245/620932 001-4601-4221 899.92 Total : 899.9220932 97193 4/15/2021 SAGECREST PLANNING AND ENVIRON 2357 SENIOR PLANNER/FEB21-MAR2121406 001-4101-4201 1,732.50 Total : 1,732.5021406 97194 4/15/2021 SIDRICK, BRAD M.Parcel 4184-025-077 STREET LIGHT & SEWER TAX REBATE20395 105-3105 24.61 001-6871 126.60 Total : 151.2120395 97195 4/15/2021 SOUTHERN CALIFORNIA EDISON CO 2-00-989-7315 ELECTRICITY/FEB21-MAR2100159 001-3104-4303 599.74 ELECTRICITY/MAR212-01-4104-4281 105-2601-4303 9,128.13 ELECTRICITY/MAR212-01-414-1071 001-4204-4303 659.22 105-2601-4303 231.93 ELECTRICITY/FEB21-MAR212-01-414-1071 001-4204-4303 6,272.54 ELECTRICITY/MAR212-01-414-2152 001-6101-4303 41.10 ELECTRICITY/FEB21-MAR212-01-414-2152 001-6101-4303 987.20 ELECTRICITY/MAR212-01-414-3747 105-2601-4303 21.94 ELECTRICITY/FEB21-MAR212-01-414-4281 105-2601-4303 3,789.53 Total : 21,731.3300159 97196 4/15/2021 SPECTRUM BUSINESS 8448300300046247 CITY HALL/CABLE/APR2120236 715-4204-4201 108.72 Total : 108.7220236 04/15/2021 Check Register CITY OF HERMOSA BEACH 6 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97197 4/15/2021 STANLEY CONVERGENT SECURITY 6001010061 MOTORS/BARD ST/CAMERA REPAIR16806 715-2101-4201 261.00 Total : 261.0016806 97198 4/15/2021 TURKOLU, MELINDA Parcel 4169-037-015 STREET LIGHT & SEWER TAX REBATE13960 105-3105 24.61 001-6871 126.60 Total : 151.2113960 97199 4/15/2021 VERIZON BUSINESS SERVICES 71786253 VOIP PHONES/BARD/FEB2118666 001-3302-4304 70.09 VOIP PHONES/COMM RES/FEB2171786259 001-4601-4304 143.01 VOIP PHONES/BASE 3/FEB2171786722 001-3302-4304 109.25 VOIP PHONES/EOC OVER GYM/FEB2171786732 001-1201-4304 62.20 VOIP PHONES/YARD/FEB2171787382 001-4202-4304 145.68 VOIP PHONES/CITY HALL/PD/FEB2171787595 001-1101-4304 38.58 001-1121-4304 60.93 001-1132-4304 18.22 001-1141-4304 36.41 001-1201-4304 149.29 001-1202-4304 91.04 001-1203-4304 72.84 001-1204-4304 109.24 001-1208-4304 6.80 001-2101-4304 791.07 001-4101-4304 133.59 001-4201-4304 146.71 001-4202-4304 182.00 001-4204-4321 18.21 160-3102-4201 18.21 715-1206-4304 18.22 Total : 2,421.5918666 97200 4/15/2021 WILLDAN FINANCIAL SERVICES 010-47374 DISTRICT ADMIN/JAN21-MAR2115188 04/15/2021 Check Register CITY OF HERMOSA BEACH 7 6:02:47PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97200 4/15/2021 (Continued)WILLDAN FINANCIAL SERVICES15188 139-1219-4201 349.64 135-1219-4201 372.86 Total : 722.5015188 97201 4/15/2021 WITTMAN ENTERPRISES LLC 2102062 AMBULANCE TRANSPORT BILLING/FEB2113359 001-1202-4201 2,950.74 Total : 2,950.7413359 2009337440 4/12/2021 EMPLOYMENT DEVELOPMENT DEPT 4/15/21 Check Run UNEMPLOY/OCT-DEC20/PENALTY REFUND/CARES01397 705-1215-4186 14,451.48 158-3756 -7,982.50 Total : 6,468.9801397 Bank total : 666,823.02 34 Vouchers for bank code :boa 666,823.02Total vouchers :Vouchers in this report 34 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 7 inclusive, of the check register for 4/15/2021 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 4/29/20201 04/22/2021 Check Register CITY OF HERMOSA BEACH 1 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97202 4/22/2021 ACCELA INC INV-ACC53757 CIVIC PLATFORM/5 LICENSES/APR21-JUN2105817 715-4201-4201 1,528.15 Total : 1,528.1505817 97203 4/22/2021 ACCESS, INC.21-0008 ADA CONSULTING/MAR2121696 301-8602-4201 9,250.00 Total : 9,250.0021696 97204 4/22/2021 AMERICAN ARBOR CARE 62036 ARBORIST SERVICES/85 18TH ST/JAN2120197 001-6101-4201 200.00 ARBORIST SERVICES/1251 7TH PLACE/FEB2162222 001-6101-4201 250.00 Total : 450.0020197 97205 4/22/2021 ARCHITAG LLP 2017-05 CLARK BLDG RENOVATION ARCHITECT/MAR2122108 301-8689-4201 4,000.00 Total : 4,000.0022108 97206 4/22/2021 AT&T 310 796-6526 991 3 PD COMPUTER CIRCUITS/APR2100321 001-2101-4304 126.28 PD COMPUTER CIRCUITS/APR21960 461-1985 555 7 001-2101-4304 109.65 Total : 235.9300321 97207 4/22/2021 BEST BEST & KRIEGER LLP 901396 GENERAL CITY ATTORNEY SERVICES/MAR2120942 001-1131-4201 23,611.40 CITY ATTORNEY/NORTH SCHOOL MOU/MAR21901397 001-1131-4201 374.00 ATTORNEY/GREENWICH UNDERGRND/MAR21901398 001-2142 1,215.50 ATTORNEY/PUBLIC RECORDS REQS/MAR21901399 001-1131-4201 11,580.40 CITY ATTORNEY SERVICES/COVID-19/MAR21901400 157-2702-4201 2,487.10 CITY ATTORNEY SERVICES/LAND USE/MAR21901401 001-1131-4201 4,413.20 CITY ATTORNEY SERVICES/CROSSFIT/MAR21901402 705-1133-4201 12,011.72 2b (2) 04/22/2021 Check Register CITY OF HERMOSA BEACH 2 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97207 4/22/2021 (Continued)BEST BEST & KRIEGER LLP20942 CITY ATTORNEY SRVCS/ROTH V TRAN/MAR21901403 705-1133-4201 355.60 CITY ATTORNEY/HERMOSA FITNESS/MAR21901404 705-1133-4201 27,760.95 CITY ATTORNEY SERVICES/FANGARY/MAR21901405 705-1133-4201 14,348.73 CITY ATTORNEY SERVICES/MUZATKO/MAR21901406 705-1133-4201 1,666.80 CITY ATTORNEY SERVICES/BROIN/MAR21901407 705-1133-4201 152.60 CITY ATTORNEY SERVICES/KUERTEN/MAR21901408 705-1133-4201 65.40 CITY ATTORNEY SRVCS/PERSONNEL/MAR21901409 001-1203-4201 12,970.60 CITY ATTORNEY/TELECOMMUNICATIONS/MAR21901410 001-1131-4201 584.20 Total : 113,598.2020942 97208 4/22/2021 BOUCHER, SUSAN C Parcel 4185-019-029 STREET LIGHT & SEWER TAX REBATE14146 001-6871 126.60 105-3105 24.61 Total : 151.2114146 97209 4/22/2021 BROMBEREK, CLARENCE S Parcel 4185-002-018 STREET LIGHT & SEWER TAX REBATE20475 001-6871 126.60 105-3105 24.61 Total : 151.2120475 97210 4/22/2021 CAPITAL WHOLESALE LIGHTING 437476 to 438544 ELECTRICAL/LIGHTING SUPPLIES/FEB21-MAR2121720 001-4204-4309 405.72 105-2601-4309 2,323.49 Total : 2,729.2121720 97211 4/22/2021 COMMERCIAL BUILDING MANAGEMENT 67981 JANITORIAL/COVID PORTER/CITY BLDGS/MAR2120627 001-4204-4201 6,861.00 157-2702-4201 3,866.69 Total : 10,727.6920627 04/22/2021 Check Register CITY OF HERMOSA BEACH 3 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97212 4/22/2021 CONTINENTAL MAPPING SERVICE 040121 PUBLIC NOTICES/1227 HERMOSA/APR2120398 001-4101-4201 1,000.00 Total : 1,000.0020398 97213 4/22/2021 CPPA 2021-0113 ORGANIZATION-LEVEL ANNUAL MEMBERSHIP12514 001-3302-4315 250.00 Total : 250.0012514 97214 4/22/2021 DEWEY PEST CONTROL Account 759408 PEST CONTROL/CITY-OWNED BLDGS/APR2111449 001-4204-4201 849.00 Total : 849.0011449 97215 4/22/2021 DEWEY PEST CONTROL Account 1233239 SEWER RAT ABATEMENT/APR2111449 160-3102-4201 272.00 Total : 272.0011449 97216 4/22/2021 DIV OF THE STATE ARCHITECT PO 36085 BUS LIC STATE CASP FEES/JAN21-MAR2118263 001-6851 268.70 Total : 268.7018263 97217 4/22/2021 FEDEX OFFICE 008200581434 MAT REQ 791216/CLARK BLDG PLANS06293 301-8689-4201 240.78 REQ 479068/COLOR PRINTS/CERTIFICATES008200582032 001-1101-4305 1.34 Total : 242.1206293 97218 4/22/2021 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/APR2119884 001-2101-4304 904.36 EOC ANALOG LINES/APR21310-318-0113-1203155 715-1206-4304 1,275.43 CASHIER TAPS LINE/APR21310-318-8751-0128095 001-1204-4304 57.82 JAIL BREATHALYZER/APR21310-318-9210-0827185 001-2101-4304 73.80 EOC CABLE/INTERNET/APR21323-159-2268-0924145 001-1201-4304 294.88 Total : 2,606.2919884 97219 4/22/2021 GENERAL INDUSTRIAL SUPPLY 1183856-01 MAT REQ 854039/GLOVES FOR YARD15406 001-3104-4309 131.40 04/22/2021 Check Register CITY OF HERMOSA BEACH 4 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 131.40 97219 4/22/2021 GENERAL INDUSTRIAL SUPPLY15406 97220 4/22/2021 GROH, MARK LEE HB-015 CITATION HEARING EXAMINER/APR2121597 001-1204-4201 72.00 Total : 72.0021597 97221 4/22/2021 IPS GROUP INC INV58968 PARKING METER WIRELESS/CC FEES/MAR2119314 001-3305-4201 779.83 001-3304-4201 742.48 001-3302-4201 13,354.59 Total : 14,876.9019314 97222 4/22/2021 LANDSCAPE STRUCTURES, INC.INV-096521 SWING CLAMPS FOR CITYWIDE USE12190 001-6101-4309 185.40 001-6101-4309 16.00 Total : 201.4012190 97223 4/22/2021 LAURA MECOY COMMUNICATIONS LLC 2011 PUBLIC INFORMATION OFFICER/MAR2120347 001-1201-4201 2,743.80 157-2702-4201 3,256.20 Total : 6,000.0020347 97224 4/22/2021 MANIACI INSURANCE SERVICES 942 BENEFITS CONNECT ADMIN/MAR2118312 001-1203-4201 602.82 Total : 602.8218312 97225 4/22/2021 MCCLOUD, JESSICA Receipt 1021326.001 CANCELLED CLASS 9226 REFUND22261 001-2111 96.80 Total : 96.8022261 97226 4/22/2021 MCCORMICK AMBULANCE 252176 AMBULANCE TRANSPORT SERVICES/MAR2120898 001-1201-4201 22,440.00 Total : 22,440.0020898 97227 4/22/2021 MILLER PLANNING ASSOCIATES 20007-0321-04 ZONE/SUBDIVIDE ORDINANCE UPDATE/MAR2121660 150-4105-4201 4,492.50 Total : 4,492.5021660 97228 4/22/2021 MOST DEPENDABLE FOUNTAINS INV63108 STRAND SHOWER REPLACEMENT PARTS11454 001-6101-4309 346.00 04/22/2021 Check Register CITY OF HERMOSA BEACH 5 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97228 4/22/2021 (Continued)MOST DEPENDABLE FOUNTAINS11454 001-6101-4309 31.16 Total : 377.1611454 97229 4/22/2021 NOWICKI, KAREN PO 36067 REIMB/CMTA CONFERENCE REGISTRATION18350 001-1141-4317 175.00 Total : 175.0018350 97230 4/22/2021 OFFICE DEPOT 164951290001 MAT REQ 791324/OFFICE SUPPLIES13114 001-2101-4305 78.72 MAT REQ 863094/OFFICE SUPPLIES164954477001 001-4101-4305 23.26 MAT REQ 863094/OFFICE SUPPLIES164954796001 001-4101-4305 66.19 MAT REQ 854018/YARD/DRY ERASE BOARD165114598001 001-4202-4305 38.31 MAT REQ 854021/YARD/PENCIL HOLDER165264903001 001-4202-4305 21.89 MAT REQ 854021/YARD/OFFICE SUPPLIES165265787001 001-4202-4305 34.02 MAT REQ 791325/OFFICE SUPPLIES166389413001 001-2101-4305 20.13 MAT REQ 791325/OFFICE SUPPLIES166389635001 001-2101-4305 10.84 MAT REQ 791325/OFFICE SUPPLIES166389636001 001-2101-4305 28.01 Total : 321.3713114 97231 4/22/2021 ONWARD ENGINEERING 5522 SANITARY SEWER/CIVIL ENGINEER/NOV2021596 001-2131 6,160.00 Total : 6,160.0021596 97232 4/22/2021 POMERANITZ, EFRAT G.PO 36082 INSTRUCTOR PMT/CLASSES 9161/9215/8-919853 001-4601-4221 1,180.35 Total : 1,180.3519853 97233 4/22/2021 RICHIE, JOHNATHAN po 36083 INSTRUCTOR PMT/CLASSES 9191-520932 001-4601-4221 2,583.00 Total : 2,583.0020932 04/22/2021 Check Register CITY OF HERMOSA BEACH 6 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97234 4/22/2021 RIO HONDO COMMUNITY COLLEGE S21-96-ZHRB RECRUIT ANDRADE/PRE-ACADEMY CLASS01070 001-2101-4317 23.83 Total : 23.8301070 97235 4/22/2021 RJ PRINTING & PROMOTIONAL 655 POLICE DEPT EXCEPTION SLIPS21153 001-2101-4305 615.60 001-2101-4305 55.10 Total : 670.7021153 97236 4/22/2021 SAFEWARE, INC 1797102 LASER EYE PERSONAL PROTECTION EQUIPMENT22257 150-2120-4201 8,219.17 001-2101-4305 637.63 150-2120-4201 780.82 001-2101-4305 60.57 Total : 9,698.1922257 97237 4/22/2021 SALIK, JENNIFER Receipt 1021361.001 CLASS 9223 WITHDRAWAL REFUND22260 001-2111 81.80 Total : 81.8022260 97238 4/22/2021 SHERWIN-WILLIAMS 58834 & 14422 PAINTING SUPPLIES/MAR2117903 001-3104-4309 613.90 Total : 613.9017903 97239 4/22/2021 SOCAL GAS Acct 011 004 5767 8 YARD BLDGS/NATURAL GAS/MAR2100170 001-4204-4303 30.63 Total : 30.6300170 97240 4/22/2021 SOUTH BAY CENTER FOR PO 35577 DISPUTE RESOLUTION SERVICES/JAN21-MAR2110764 001-1201-4201 800.00 Total : 800.0010764 97241 4/22/2021 SPCALA 2021-0331 ANIMAL SHELTERING SERVICES/MAR2118821 001-3302-4201 875.00 Total : 875.0018821 97242 4/22/2021 TR COPY & PRINTING COMPANY 7790 PARKING PERMIT WINDOW ENVELOPES15279 001-1204-4305 270.00 001-1204-4305 25.65 04/22/2021 Check Register CITY OF HERMOSA BEACH 7 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 295.65 97242 4/22/2021 TR COPY & PRINTING COMPANY15279 97243 4/22/2021 TUMBLEWEED TRANSPORTATION 0013816-IN STAR KINDER PROG TRANSPORT/MAR2120749 145-3411-4201 4,600.00 STAR KINDER PROG TRANSPORT/FINAL INVOICE0013839-IN 145-3411-4201 4,600.00 Total : 9,200.0020749 97244 4/22/2021 TUVERSON, JULIA Receipt 2002631.003 CLASS 9273 REFUND FOR SCHEDULE CONFLICT22262 001-2111 133.60 Total : 133.6022262 97245 4/22/2021 UNDERGROUND SERVICE ALERT 320210318 DIG ALERTS/MAR2108207 161-3109-4201 122.20 DIG ALERT/STATE FEES/MAR21dsb20201481 161-3109-4201 48.07 Total : 170.2708207 97246 4/22/2021 UPTIME COMPUTER SERVICE 32081 PRINTER MAINTENANCE/MAY2104768 715-1206-4201 554.45 Total : 554.4504768 97247 4/22/2021 US BANK 1746642 2015 LEASE REVENUE BOND/INT PMT19648 201-1220-6701 167,527.77 Total : 167,527.7719648 97248 4/22/2021 WILLDAN ENGINEERING 00224355 CODE ENFORCEMENT SERVICES/MAR2110703 157-2702-4201 10,400.00 Total : 10,400.0010703 97249 4/22/2021 ZEP MANUFACTURING COMPANY 9006128777 REQ 673830/GRAFFITI REMOVAL SUPPLIES09234 001-3104-4309 200.69 REQ 673828/GRAFFITI REMOVAL SUPPLES9006128779 001-3104-4309 394.82 Total : 595.5109234 97250 4/22/2021 ZUMAR INDUSTRIES INC 92294 MAT REQ 987194/STREET SIGN MAINTENANCE01206 001-3104-4309 333.15 MAT REQ 987196/STREET SIGN MAINT92322 001-3104-4309 892.21 04/22/2021 Check Register CITY OF HERMOSA BEACH 8 5:47:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97250 4/22/2021 (Continued)ZUMAR INDUSTRIES INC01206 MAT REQ 987193/STREET SIGN MAINTENANCE92384 001-3104-4309 805.22 MAT REQ 987198/STREET SIGN MAINT92385 001-3104-4309 580.55 MAT REQ 987195/STREET SIGN ANCHORS92423 001-3104-4309 874.67 MAT REQ 987197/STREET SIGN TUBING92424 001-3104-4309 677.54 MAT REQ 854454/STREET SIGN MAINT92440 001-3104-4309 843.36 Total : 5,006.7001206 Bank total : 414,698.41 49 Vouchers for bank code :boa 414,698.41Total vouchers :Vouchers in this report 49 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 8 inclusive, of the check register for 4/22/2021 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 4/29/21 04/28/2021 Check Register CITY OF HERMOSA BEACH 1 4:56:48PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97251 4/28/2021 SBCU VISA 01C0034513168 CC DRINKING WATER 2/13/21-3/12/2103353 001-2101-4305 268.82 JEEP HB10/SPARE TIRE/CARGO MAT11-000015-1 CC 715-2101-4311 280.05 FUJISAKI/HEARING EXAMINER TRAINING5516 CC 001-3302-4317 175.00 ONLINE SERVICE CREDITS/MAR21-MAR2394009877 CC 715-1206-4201 100.00 SCHEID/ADD'L CELL DATA STORAGE/MAR21Doc#176418516856 CC 001-2101-4305 0.99 FINANCE CHARGEFinance Charge CC 001-2101-4201 1.28 001-2026 1.28 001-2027 -1.28 FINANCE CHARGEFinance Charge CC 001-4202-4201 6.08 001-2026 6.08 001-2027 -6.08 FINANCE CHARGEFinance Charge CC 001-1201-4201 8.37 FINANCE CHARGEFinance Charge CC 001-1201-4201 6.02 FINANCE CHARGEFinance Charge CC 001-1201-4201 3.62 FINANCE CHARGEFinance Charge CC 001-4202-4201 4.69 001-2026 4.69 001-2027 -4.69 FINANCE CHARGEFinance Charge CC 001-4202-4201 9.75 001-2026 9.75 001-2027 -9.75 FINANCE CHARGEFinance Charge CC 001-4202-4201 3.99 001-2026 3.99 001-2027 -3.99 CONFERENCE LINE/FEB21IC30411-0221 CC 001-1201-4304 8.35 2b (3) 04/28/2021 Check Register CITY OF HERMOSA BEACH 2 4:56:48PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97251 4/28/2021 (Continued)SBCU VISA03353 REFUND OF INTEREST CHARGED IN ERRORInterest Charge CC 001-2026 -0.83 001-2027 0.83 001-4202-4201 -0.83 LATE PAYMENT FEELate Payment Fee CC 001-4202-4201 10.00 001-2026 10.00 001-2027 -10.00 LATE PAYMENT FEELate Pmt Fee CC 001-4202-4201 0.67 001-2026 0.67 001-2027 -0.67 POLISHING & CLEANING SUPPLIES FOR MOTORSOrder No. 928088 CC 715-2101-4311 221.90 715-2101-4311 21.06 CLARK FLD BATTING CAGE ELECTRICAL PANELOrderS117716653002CC 105-2601-4309 1,365.00 105-2601-4309 129.67 REFUND/MOTOR OFFICE ANTENNASPO 35770 CC 001-2101-4305 -308.76 ARCHITECTURAL PRINTSPO 35952 CC 301-8669-4201 856.29 ARMATO/POLICYMAKERS ROUNDTABLEPO 35970 CC 001-1101-4317 15.00 BAIT BIKES/10 CABLE LOCKS/1 SEAT CLAMPPO 35974 CC 001-2101-4305 138.45 001-2101-4305 13.15 PIER PLAZA STRING LIGHTS FOR STOCKPO 35991 CC 105-2601-4309 860.35 105-2601-4309 81.75 SIILVER LEAF HONOR GUARD UNIFORM PINSPO 35993 CC 001-2101-4305 110.93 DOVE/FRANCO/FIELD TRAIN OFFICER UPDATEPO 36028 CC 001-2101-4317 925.00 DOVE/FRANCO/FIELD TRAIN OFFICER UPDATEPO 36028 CC 001-2101-4317 185.00 POELSTRA/FRANCO/ZUBER/PEER SUPPORT TRAINPO 36038 CC 001-2101-4312 500.00 04/28/2021 Check Register CITY OF HERMOSA BEACH 3 4:56:48PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 97251 4/28/2021 (Continued)SBCU VISA03353 SMITH/DE-ESCALATION/TACTICAL COMMPO 36039 CC 001-2101-4313 150.00 POELSTRA/SMITH/FUJISAKI/SOCIAL MEDIA TRAPO 36041 CC 001-2101-4317 1,437.00 LOT TIE AGREEMENT/NOTARY SERVICESPO 36077 CC 001-4101-4305 15.00 TIPAN/CRIME ANALYSIS/CANCELLATION FEEReceipt 7223310 CC 001-2101-4317 51.32 BAGNARA RETIREMENT CUPCAKESReceipt CC 001-1203-4305 47.98 SENIOR CENTER MOVIES/MUSIC/MAR21Receipt CC 001-4601-4328 9.99 SOUTH BAY CHIEFS LUNCHEON/SODAS/WATERReceipt CC 001-2101-4305 44.27 SOUTH BAY CHIEFS LUNCHEON/FOODReceipt CC 001-2101-4305 603.16 LUNCH/DISTRICT ATTORNEY INTERVIEWERSReceipt CC 001-2101-4305 28.92 AIELLO RETIREMENT CUPCAKESReceipt CC 001-2101-4305 44.14 ALKADIS/SHERMAN BLOCK SUPERVISORY 4TR 851 CC 001-2101-4312 422.70 Total : 8,856.1203353 Bank total : 8,856.12 1 Vouchers for bank code :boa 8,856.12Total vouchers :Vouchers in this report 1 04/28/2021 Check Register CITY OF HERMOSA BEACH 4 4:56:48PM 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 4 inclusive, of the check register for 4/28/2021 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 4/29/21 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0259 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 12, 2021 (Interim Community Resources Manager John Jones) Recommended Action: Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 12, 2021. Attachments: Minutes of April 12, 2021 Approved: John Jones, Interim Community Resources Manager City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION April 12, 2021 – Council Chambers, City Hall 1315 Valley Drive – 8:00 P.M. Parks, Recreation and Community Resources Advisory Commission Lauren Pizer Mains, Chairperson Barbara Ellman, Vice Chairperson Jani Lange Jessica Guheen Traci Horowitz ************************************************************************************************************************ THIS MEETING WAS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020. ANY OR ALL COMMISSIONERS MAY ATTEND AND PARTICIPATE BY TELECONFERENCE/VIRTUAL MEETING. MEMBERS OF THE PUBLIC MAY PARTICIPATE BY TELECONFERENCE. ************************************************************************************************************************ Parks, Recreation and Community Resources Advisory Commission agendas and staff reports are available for review on the City’s web site at www.hermosabeach.gov 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 normal 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: Chairperson Pizer Mains, Vice Chairperson Ellman, and Commissioners Lange, Guheen and Horowitz; Senior Recreation Supervisor Lisa Nichols, Interim Community Resources Manager John Jones, and Associate City Attorney Patrick Donegan. 4. Announcements 5. Presentations A. Surfer’s Walk of Fame 2020 Inductees 6. Miscellaneous Items and Reports – Community Resources Manager A. COVID-19 Updates B. Updates Regarding Items Previously on the Commission’s Agenda 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. None. 8. Correspondence A. None 9. Consent Calendar A. Approval of the February 2021 and March 2021 Activity Reports B. Approval of the Regular Meeting Action Minutes of March 2, 2021 Motion by Commissioner Ellman to approve Items A. Approval of the February 2021 and March 2021 Activity Reports and B. Approval of the Regular Meeting Action Minutes of March 2, 2021 on the Consent Calendar. Commissioner Guheen seconded the motion. Motion passed with a 5-0 vote. 10. Items Removed from the Consent Calendar for Separate Discussion 11. Public Hearings A. None. 12. Matters for Commission Consideration A. Request from Dr. Erik Singer to Bring Back an Agenda Item regarding the Relocation of the Beach Tennis Courts. Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission consider Dr. Erik Singer’s email request to bring back an Agenda Item regarding the relocation of the Beach Tennis Courts at their earliest convenience. Motion by Commissioner Ellman to honor the Commission’s past motion on this item, which was to delay any discussion on the relocation of the beach tennis courts for at least 90 days past the lift of COVID-19 regulations. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. B. Approval of the addition of the South Bay Paddle on the Beach South o f the Pier on Saturday, June 5; the Glow Ride for Cystic Fibrosis North of the Pier on Saturday, August 21; and the California Great Santa Stroll North and South of the Pier and Pier Plaza on Saturday, December 11 to the 2021 Special Event Calendar. Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission approve the addition of the following Impact Level II Special Events onto the 2021 Special Event calendar: a. South Bay Paddle on the beach south of the Pier on Saturday, June 5; b. Glow Ride for Cystic Fibrosis north of the Pier on Saturday, August 21; and c. California Great Santa Stroll north and south of the Pier and Pier Plaza on Saturday, December 11. Coming forward to address the Commission at this time: Melissa Nordquist Yeager, Glow Ride for Cystic Fibrosis event representative Ed Lynch, California Great Santa Stoll event representative Motion by Commissioner Horowitz to approve the addition of the South Bay Paddle on the beach south of the Pier on Saturday, June 5, Glow Ride for Cystic Fibrosis north of the Pier on Saturday, August 21, and California Great Santa Stroll north and south of the Pier and Pier Plaza on Saturday, December 11 onto the 2021 Special Event calendar. Motion passed with a 5-0 vote. C. Recommendation of Approval of the Commencement of Long-term Agreement Negotiations with the International Surf Festival Held North and South of the Pier Recommendation: Staff recommends that the Parks, Recreation and Community Resource’s Advisory Commission recommend to City Council the approval to commence negotiations for long-term agreements with the International Surf Festival for their annual event on the North and South of the Pier. Coming forward to address the Commission at this time: Robert McGowan, International Surf Festival event representative Motion by Commissioner Lange to recommend to City Council the approval to commence negotiations for long-term agreements with the International Surf Festival for their annual event on the North and South of the Pier. Commissioner Horowitz seconded the motion. Motion passed with a 5-0 vote. D. Approval of the Fee Waiver Grant Request from the Alzheimer’s Association for the Walk to End Alzheimer’s on Saturday, October 2, 2021 on Pier Plaza and the Strand Recommendation: Staff recommends that the Parks, Recreation and Commu nity Resources Advisory Commission approve the Fee Waiver Grant request in the amount of $2,500 for the Alzheimer’s Association’s Walk to End Alzheimer’s on Saturday, October 2, 2021 on Pier Plaza and the Strand. Coming forward to address the Commission at this time: Lynzee Halvorson, Walk to End Alzheimer’s event presentative Motion by Commissioner Ellman to approve the Fee Waiver Grant request in the amount of $2,500 for the Alzheimer’s Association’s Walk to End Alzheimer’s on Saturday, October 2, 2021 on Pier Plaza and the Strand. Commissioner Horowitz seconded the motion. Motion passed with a 3-2 vote. Commissioner Guheen and Commissioner Lange opposed. 13. Commissioner’s Reports A. Sub-committees 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 (Ellman and Pizer Mains) vi. Naming Policy (Horowitz and Guheen) B. Commission Liaison Roles i. Surfers Walk of Fame (Lange) ii. South Park (Guheen) iii. Access Hermosa (Ellman) – on hold 14. Items Requested by Commissioners A. None 15. Other Matters 16. Adjournment This meeting was adjourned to the regular Monday, May 4, 2021 meeting by Chairperson Pizer-Mains at 9:28pm. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0185 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 LOS ANGELES COUNTY FIRE SERVICES AND AMBULANCE MONTHLY REPORT FOR MARCH 2021 (Emergency Management Coordinator Brandy Villanueva) Recommended Action: Staff recommends City Council receive and file the March 2021 Fire and Ambulance monthly report. Executive Summary: City departments generate monthly reports to provide a snapshot of activities performed each month. Prior to the transition of fire and ambulance transport services to the County of Los Angeles,the Hermosa Beach Fire Department developed monthly response reports.After the transition,the monthly report was updated to include Los Angeles County Fire Department and McCormick Ambulance information and continues to be uploaded to the website.The following report provides details regarding services provided for the month of March 2021. Background: At the February 11,2020,Council meeting,City Council requested monthly reports be placed onto the City Council agenda under consent calendar.On the July 14,2020,Council agenda,the monthly reports for February through May 2020 were provided and accompanied by a detailed staff report explaining the change. This report reflects the services for March 2021. Discussion: The March 2021 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1:March 2021 LACoFD and McCormick Ambulance Monthly Report). 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: Safety Element City of Hermosa Beach Printed on 5/7/2021Page 1 of 2 powered by Legistar™ Staff Report REPORT 21-0185 Goal 5. High quality police and fire protection services provided to residents and visitors. Policies: 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: Fire and ambulance services are contracted and accounted for during the annual budget process. Attachments: 1.Fire and ambulance monthly report- -March 2021 Respectfully Submitted by: Brandy Villanueva, Emergency Management Coordinator Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 2 of 2 powered by Legistar™ E100 S100 Total RESCUE, EMS 300 ‐ Rescue, emergency medical call (EMS) call, other 5              4               9 4.52% 311 ‐ Medical assist, assist EMS crew 1              1               2 1.01% 320 ‐ Emergency medical service, other 3              2               5 2.51% 321 ‐ EMS call, excluding vehicle accident with injury 63            51              114              57.29% 322 ‐ Vehicle accident with injuries 1              1               2 1.01% RESCUE, EMS Total 73            59              132              66.33% HAZARDOUS CONDITION 444 ‐ Power line down 4              4 2.01% HAZARDOUS CONDITION Total 4              4 2.01% SERVICE CALL 550 ‐ Public service assistance, other 3              3 1.51% 554 ‐ Assist invalid 1              1 0.50% SERVICE CALL Total 4              4 2.01% GOOD INTENT CALL 600 ‐ Good intent call, other 31            8                39                19.60% 611 ‐ Dispatched & cancelled enroute 9              3                12                6.03% 651 ‐ Smoke scare, odor of smoke 1              1               2 1.01% 672 ‐ Biological hazard investigation, none found 1              1 0.50% GOOD INTENT CALL Total 42            12             54                27.14% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 1              1 0.50% 735 ‐ Alarm system sounded due to malfunction 3              3 1.51% 744 ‐ Detector activation, no fire ‐ unintentional 1              1 0.50% FALSE ALARM, FALSE CALL Total 5              5 2.51% Grand Total 128          71              199              100.00% Note: Data based on updated fireview ‐ apparatus 2021 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF MARCH 2021 Incident Type UNIT RESPONSES Percentage Submitted y: Brandy Villanueva, Emergency Management Coordinator 1 DAY OF THE WEEK E100 S100 Total Sunday 18 13 31                Monday 16 6 22                Tuesday 17 6 23                Wednesday 14 8 22                Thursday 16 8 24                Friday 25 16 41                Saturday 22 14 36                Grand Total 128           71               199            Note: Data based on updated fireview ‐ apparatus 2021 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF MARCH 2021 UNIT RESPONSES 0 5 10 15 20 25 30 E100 S100 Submitted y: Brandy Villanueva, Emergency Management Coordinator 2 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 7                 5                 12              01:00:00 TO 01:59:59 4                 3                7                 02:00:00 TO 02:59:59 1                 1                2                 03:00:00 TO 03:59:59 1                 1                2                 04:00:00 TO 04:59:59 2                 1                3                 05:00:00 TO 05:59:59 2                 1                3                 06:00:00 TO 06:59:59 5                 1                6                 07:00:00 TO 07:59:59 6                 2                8                 08:00:00 TO 08:59:59 3                 1                4                 09:00:00 TO 09:59:59 8                 8                 10:00:00 TO 10:59:59 7                 6                 13              11:00:00 TO 11:59:59 7                 5                 12              12:00:00 TO 12:59:59 5                 3                8                 13:00:00 TO 13:59:59 6                 6                 12              14:00:00 TO 14:59:59 7                 7                 14              15:00:00 TO 15:59:59 10              3                 13              16:00:00 TO 16:59:59 4                 2                6                 17:00:00 TO 17:59:59 4                 3                7                 18:00:00 TO 18:59:59 12              6                 18              19:00:00 TO 19:59:59 5                 2                7                 20:00:00 TO 20:59:59 6                 1                7                 21:00:00 TO 21:59:59 6                 4                 10              22:00:00 TO 22:59:59 5                 2                7                 23:00:00 TO 23:59:59 5                 5                 10              Grand Total 128            71             199            Note: Data based on updated fireview ‐ apparatus 2021 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF MARCH 2021 UNIT RESPONSES  ‐  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 23:59:59E100 S100 Submitted y: Brandy Villanueva, Emergency Management Coordinator 3 Ad Hoc Report: Name: Date: Description: Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 3/1/2021 06:33:50 HERM BCH 2 911 Calls WPH2 3/1/2021 17:18:10 HERM BCH 2 911 Calls WPH2 3/2/2021 06:15:54 HERM BCH 2 911 Calls WPH2 3/2/2021 08:28:59 HERMOSA BEACH 2 911 Calls RESD 3/3/2021 11:41:40 HERMOSA BEACH 2 911 Calls BUSN 3/3/2021 18:01:54 HERMOSA BEACH 2 911 Calls RESD 3/4/2021 11:50:36 HERM BCH 2 911 Calls WPH2 3/4/2021 18:18:12 HMB 2 911 Calls WPH2 3/5/2021 07:29:45 HERMOSA BEACH 2 911 Calls RESD 3/5/2021 08:49:13 HERMOSA BEACH 2 911 Calls VOIP 3/5/2021 13:04:32 HERM BCH 2 911 Calls WPH2 3/6/2021 14:05:16 HERM BCH 2 911 Calls WPH2 3/7/2021 10:25:13 HERM BCH 2 911 Calls WPH2 3/7/2021 13:08:35 HERM BCH 2 911 Calls WPH2 3/7/2021 19:37:39 HERM BCH 2 911 Calls WPH2 3/8/2021 00:25:19 HERMOSA BEACH 2 911 Calls VMBL 3/9/2021 15:14:00 HERM BCH 2 911 Calls WPH2 3/9/2021 20:04:54 HERM BCH 2 911 Calls WPH2 3/10/2021 05:36:48 HERMOSA BEACH 2 911 Calls RESD 3/10/2021 07:44:32 HERMOSA BEACH 2 911 Calls BUSN 3/10/2021 11:13:28 HMB 2 911 Calls WPH2 3/10/2021 13:33:37 HERM BCH 2 911 Calls WPH2 3/11/2021 04:47:31 HERM BCH 2 911 Calls WPH2 3/11/2021 07:17:40 HMB 2 911 Calls WPH2 3/11/2021 11:30:59 HERM BCH 2 911 Calls WPH2 3/11/2021 12:19:23 HERMOSA BEACH 2 911 Calls BUSN 3/12/2021 01:04:31 HERMOSA BEACH 2 911 Calls VOIP 3/12/2021 16:49:21 HERMOSA BEACH 2 911 Calls WPH2 3/12/2021 21:12:03 HERM BCH 2 911 Calls WPH2 3/13/2021 13:12:31 HERMOSA BEACH 17 911 Calls WPH2 3/13/2021 15:45:40 HERM BCH 2 911 Calls WPH2 3/13/2021 18:04:51 HERM BCH 2 911 Calls WPH2 3/14/2021 21:27:43 HERM BCH 2 911 Calls WPH2 3/16/2021 10:50:12 HERMOSA BEACH 2 911 Calls RESD 3/16/2021 13:17:17 HERM BCH 2 911 Calls WPH2 3/17/2021 15:29:28 HERM BCH 2 911 Calls WPH2 3/17/2021 17:32:31 HERM BCH 2 911 Calls WPH2 3/17/2021 23:54:08 HERMOSA BEACH 2 911 Calls VOIP 3/18/2021 01:03:40 HERMOSA BEACH 2 911 Calls RESD Hermosa Call Answer Time 4/1/2021 March 2021 Los Angeles County Fire Submitted y: Brandy Villanueva, Emergency Management Coordinator 4 3/18/2021 07:34:16 HERM BCH 47 911 Calls WPH2 3/18/2021 11:11:08 HMB 48 911 Calls WPH2 3/18/2021 14:18:55 HERM BCH 2 911 Calls WPH2 3/18/2021 21:51:26 HERMOSA BEACH 63 911 Calls WPH2 3/19/2021 01:02:59 HMB 2 911 Calls WPH2 3/19/2021 12:06:11 HMB 2 911 Calls WPH2 3/19/2021 16:10:54 HERM BCH 32 911 Calls WPH2 3/20/2021 02:53:21 HERM BCH 2 911 Calls WPH2 3/20/2021 13:01:28 HERM BCH 2 911 Calls WPH2 3/20/2021 15:57:40 HERM BCH 40 911 Calls WPH2 3/20/2021 22:55:35 HERM BCH 2 911 Calls WPH2 3/21/2021 20:05:22 HERMOSA BEACH 2 911 Calls VOIP 3/24/2021 12:40:53 HERMOSA BEACH 2 911 Calls RESD 3/24/2021 17:02:21 HERMOSA BEACH 2 911 Calls RESD 3/26/2021 14:14:32 HERMOSA BEACH 2 911 Calls BUSN 3/27/2021 18:43:04 HMB 2 911 Calls WPH2 3/27/2021 18:48:18 HMB 2 911 Calls WPH2 3/31/2021 17:34:55 HERMOSA BEACH 2 911 Calls RESD Average Call Answer Time (Seconds)6 Submitted y: Brandy Villanueva, Emergency Management Coordinator 5 McCormick Ambulance March 2021 Total Number of Dispatched Calls Dispatched Calls Totals Transported 51 Cancelled 34 Grand Total 85 NOTE: None 51, 60% 34, 40% Total Dispatched Calls Transported Cancelled Submitted y: Brandy Villanueva, Emergency Management Coordinator 6 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 6 9 15 Monday 5 2 7 Tuesday 8 2 10 Wednesday 5 3 8 Thursday 6 5 11 Friday 10 9 19 Saturday 11 4 15 Grand Total 51 34 85 0 2 4 6 8 10 12 Completed Canceled Submitted y: Brandy Villanueva, Emergency Management Coordinator 7 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 6 01:00:00 TO 01:59:59 3 02:00:00 TO 02:59:59 1 03:00:00 TO 03:59:59 1 04:00:00 TO 04:59:59 1 05:00:00 TO 05:59:59 2 06:00:00 TO 06:59:59 2 07:00:00 TO 07:59:59 3 08:00:00 TO 08:59:59 1 09:00:00 TO 09:59:59 3 10:00:00 TO 10:59:59 6 11:00:00 TO 11:59:59 5 12:00:00 TO 12:59:59 4 13:00:00 TO 13:59:59 6 14:00:00 TO 14:59:59 7 15:00:00 TO 15:59:59 6 16:00:00 TO 16:59:59 3 17:00:00 TO 17:59:59 3 18:00:00 TO 18:59:59 7 19:00:00 TO 19:59:59 2 20:00:00 TO 20:59:59 1 21:00:00 TO 21:59:59 4 22:00:00 TO 22:59:59 3 23:00:00 TO 23:59:59 5 Grand Total 85 0 1 2 3 4 5 6 7 8 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 y: Brandy Villanueva, Emergency Management Coordinator 8 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 16 2 0 18 Code 2: Response Time of 15:00 or less 33 0 0 33 Cancelled Responses 0 0 34 34 Grand Total 49 2 34 85 Submitted y: Brandy Villanueva, Emergency Management Coordinator 9 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0263 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 APPROVAL OF THE MEMORANDUM OF AGREEMENT BETWEEN AND AMONG THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, THE LOS ANGELES POLICE DEPARTMENT, AND JRIC PARTICIPATING AGENCIES FOR PALANTIR DATA SHARING (Police Chief Paul LeBaron) Recommended Action: Staff recommends City Council: 1.Approve the Memorandum of Agreement between and among the Los Angeles County Sheriff’s Department,the Los Angeles Police Department,and various participating agencies within the Joint Regional Intelligence Center (JRIC)Operational Area for Palantir Data Sharing; and 2.Authorize the Mayor to execute the agreement. Executive Summary: The Hermosa Beach Police Department participates in a regional information sharing consortium with the Los Angeles County Sheriff’s Department,the Los Angeles Police Department,and members of the Joint Regional Intelligence Center Operational Area (JRIC).Participation requires an agreement to share each agency’s data through Palantir,an investigative,intelligence,and analysis platform. Staff requests approval to enter into a Memorandum of Agreement (MOA)to continue participation of Palantir data sharing. Background: The Hermosa Beach Police Department participates in a regional information sharing consortium with the Los Angeles County Sheriff’s Department,the Los Angeles Police Department,and members of the Joint Regional Intelligence Center Operational Area (JRIC).Participation is hosted through Palantir,an investigative,intelligence,and analysis platform that stores law enforcement data into one secure system for easy access,advanced visualization,and enhanced operations.Information stored in Palantir may include,but is not limited to,calls for service,unit details,police reports, citations,and jail data.The system has advanced authentication requirements,which meets federal information security standards. City of Hermosa Beach Printed on 5/7/2021Page 1 of 3 powered by Legistar™ Staff Report REPORT 21-0263 Discussion: The purpose of the MOA is for local, state, and federal law enforcement and specified criminal justice agencies to enter into an agreement to share data they have each collected, through Palantir’s integrated data system. There is no cost to participate in this agreement or to access the Palantir system. Each agency manages its respective portal and owns its agency’s information. The data accessed through this network would be used to support cross-jurisdictional analysis of crime, criminal suspects, and organizations. The data is not used by immigration enforcement agencies or for immigration purposes. The Hermosa Beach Police Department’s participation is limited to, and for, investigative purposes only. The department’s detectives and crime analyst may access and share data on the Palantir platform as part of an ongoing investigation in which they seek additional information from selected outside agencies. Staff requests approval to enter into a memorandum of agreement for participation in Palantir data sharing for continued collaboration with outside law enforcement agencies and criminal justice partners. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 4. A leader and partner in the region. ·Policy 4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. ·Policy 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. ·Policy 5.7 Collaborate with neighboring jurisdictions.Cooperate and collaborate with neighboring jurisdictions and social services to maximize public safety and emergency services. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1. Memorandum of Agreement-Palantir Data Sharing City of Hermosa Beach Printed on 5/7/2021Page 2 of 3 powered by Legistar™ Staff Report REPORT 21-0263 Respectfully Submitted by: Paul LeBaron, Police Chief 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 5/7/2021Page 3 of 3 powered by Legistar™ IN WITNESS WHEREOF, the parties have caused this MOA to be executed by their duly authorized representatives on the dates set forth below. HERMOSA BEACH POLICE DEPARTMENT Office of the Chief of Police 540 Pier Avenue Hermosa Beach, CA 90254 ______________________________________ JUSTIN MASSEY Mayor City of Hermosa Beach ________________ Dated City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0281 Honorable Mayor and Members of the Hermosa Beach City Council Adjourned Regular Meeting of May 13, 2021 CONSIDERATION OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND GLEOW LLC TO PROVIDE EXECUTIVE COACHING SERVICES (City Manager Suja Lowenthal) Recommended Action: Staff recommends City Council: 1.Approve the first amendment with GLEOW LLC for Executive Coaching Services; and 2.Authorize the City Manager to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney (Attachment 1). Background: The City contracted with GLEOW LLC for Executive Coaching Services beginning March 2,2020. The Executive Coaching Program led by GLEOW CEO Lily Lapenna,supports the City Manager and the Management Team to strengthen leadership and communication skills,while enhancing team performance and impact on the community.The goals of the Executive Coaching Program include: strengthening communication and collaboration across all departments;aligning everyday decisions and actions to the City’s vision;supporting the Executive Team on their individual leadership journeys; and refining internal processes to increase efficiency, performance, and collaboration. A total of 90 Executive Coaching Sessions of 60 minutes each were provided to the following Executive Team members (10 sessions each) at a fixed fee of $29,400. 1.City Manager 2.Assistant to the City Manager 3.Finance Director 4.Human Resources Manager 5.Chief of Police 6.Community Development Director 7.Public Works Director 8.Community Resources Manager City of Hermosa Beach Printed on 5/7/2021Page 1 of 3 powered by Legistar™ Staff Report REPORT 21-0281 9.City Clerk Analysis: The March 2020 contract with GLEOW LLC included 10 Executive Coaching Sessions for a Deputy City Manager.When the new City Clerk was appointed in May 2020,the 10 Executive Coaching Sessions for the Deputy City Manager were reallocated to the new City Clerk.The Deputy City Manager position was filled in March 2021.The proposed amendment would allocate an additional 10 Executive Coaching Sessions to the agreement for the new Deputy City Manager. The City’s Management Team typically holds an annual two-day retreat for team building and leadership training.Due to the COVID-19 pandemic,the 2020 Management Retreat was cancelled. For the 2021 Management Retreat,Lily Lapenna of GLEOW LLC would provide Lumina Spark Profiles for each executive team member,individual coaching sessions and two team workshop sessions. In response to the COVID-19 pandemic in March 2020,California Governor Gavin Newsom issued an Executive Order and California Public Health Officer Sonia Angell issued a Public Health Order, directing all Californians to stay home except to go to an essential job or to shop for essential needs. As a result,many staff members began to telework to follow the Stay-at-Home Orders and to help slow the spread of the Coronavirus.In April 2020,the City began holding virtual All-Hands meetings every two weeks to keep staff members connected as a team.In August 2020,the City invited Lily Lapenna of GLEOW LLC to facilitate an All-Hands discussion on resilience and well-being.As the pandemic continued,there was additional need for further facilitated discussions related to resilience and mental well-being. Lily Lapenna,MBE works with individuals and teams,from Startups to FTSE 100 companies to increase performance,self-awareness,and impact.From one-on-one coaching to team leadership programs,Lily and her team support all aspects of business,from strategy to systemic leadership, social impact and innovation.Using entrepreneurial questioning,deep listening and psychology,they help people and teams overcome limiting patterns,become more resilient and perform beyond expectation. The First Amendment to the Agreement with GLEOW LLC would add Executive Coaching Sessions for the new Deputy City Manager ($3,200),facilitation of a Management Retreat including team building workshops ($9,600),and facilitation of All-Hands meetings from August 2020 through June 2021 ($15,150). The amendment would increase the total contract amount from $29,400 to $57,350. Fiscal Impact: The Executive Coaching Services of $3,200 will be covered in the 2020-21 Budget under the City Manager’s Department contract services account 001-1201-4201.COVID-19 related All-Hands City of Hermosa Beach Printed on 5/7/2021Page 2 of 3 powered by Legistar™ Staff Report REPORT 21-0281 Manager’s Department contract services account 001-1201-4201.COVID-19 related All-Hands meetings of $15,150 will be submitted for FEMA reimbursement.The Management Retreat Team Building Workshops of $9,600 will be included in the 2021-22 Preliminary Budget under the Human Resources Department conference/training account 001-1203-4317. Attachments: 1.2021 Draft First Amendment to Agreement 2.2020 GLEOW LLC Contract Respectfully submitted by: Ann Yang, Executive Assistant Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Michael Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 3 of 3 powered by Legistar™ 65270.00001\33924640.1 DRAFT 05/04/21 8:40PM FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND GLEOW LLC TO PROVIDE EXECUTIVE COACHING SERVICES This First Amendment to the Agreement for Executive Coaching Services ("First Amendment") is entered into by and between the City of Hermosa Beach, a municipal corporation ("CITY") and GLEOW LLC. ("CONSULTANT") as of May ___, 2021. R E C I T A L S A. The City and Consultant are parties to an Agreement dated March 2, 2020 (the "AGREEMENT") by which City engaged Consultant to provide Executive Coaching Services to nine executive team members for a fixed fee of $29,400. B. The City and Consultant now desire to amend the Agreement in order to add executive coaching services for one additional executive team member, facilitation of a management team building workshop, and facilitation of nine All Hands meetings. NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: Section 1(C) is amended by increasing the fixed fee from $29,400 to $57,350 for the provision of additional services as follows: (i) executive coaching sessions for additional team member ($3,200); (ii) facilitation of a management team building workshop ($9,600); and (iii) facilitation of nine All Hands meetings ($15,150). Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect. CITY OF HERMOSA BEACH CONSULTANT _________________________________ _________________________________ Suja Lowenthal, City Manager Lily Lapenna, CEO ATTEST APPROVED AS TO FORM _________________________________ _________________________________ Eduardo Sarmiento, City Clerk Michael Jenkins, City Attorney CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND LILY LAPENNA OF GLEOW LLC TO PROVIDE EXECUTIVE COACHING SERVICES This AGREEMENT is entered into this 2nd day of March, 2020, by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and GLEOW LLC, a limited liability company. R E C I T A L S A. The City desires to provide Executive Coaching to all Department Directors, Deputy City Manager and Assistant to the City Manager. 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. GLEOW LLC 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 GLEOW LLC to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and GLEOW LLC agree as follows: 1. CONSIDERATION AND COMPENSATION A. As partial consideration, GLEOW LLC agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. B. As additional consideration, GLEOW LLC and CITY agree to abide by the terms and conditions contained in this Agreement. C. As additional consideration, CITY agrees to pay GLEOW LLC a fixed fee of $29,400, for GLEOW LLC’s services and Administrative Costs, 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. GLEOW LLC 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 GLEOW LLC all uncontested amounts set forth in GLEOW LLC’s invoice within 30 days after it is received. Page 2 of 10 2. SCOPE OF SERVICES. A. GLEOW LLC 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, GLEOW LLC 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 GLEOW LLC by this Agreement. 3. PAYMENTS. For CITY to pay GLEOW LLC as specified by this Agreement, GLEOW LLC 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 GLEOW LLC 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, GLEOW LLC represents that GLEOW LLC 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. GLEOW LLC’s key person assigned to perform work under this Agreement is Lily Lapenna. GLEOW LLC 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 March 1, 2021, 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 GLEOW LLC 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. GLEOW LLC will provide CITY with a Taxpayer Identification Number. Page 3 of 10 10. PERMITS AND LICENSES. GLEOW LLC 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. GLEOW LLC 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, GLEOW LLC shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by GLEOW LLC shall, at CITY’s option, become CITY’s property, and GLEOW LLC 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. GLEOW LLC 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 GLEOW LLC'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 GLEOW LLC’S legal counsel unacceptable, then GLEOW LLC shall reimburse the CITY its costs of defense, including without limitation reasonable attorney fees, expert fees and all other costs and fees of litigation. GLEOW LLC 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 GLEOW LLC 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 GLEOW LLC pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Page 4 of 10 13. ASSIGNABILITY. This Agreement is for GLEOW LLC’s professional services. GLEOW LLC’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 GLEOW LLC agree that GLEOW LLC will act as an independent contractor and will have control of all work and the manner in which is it performed. GLEOW LLC will be free to contract for similar service to be performed for other employers while under contract with CITY. GLEOW LLC 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 GLEOW LLC as to the details of doing the work or to exercise a measure of control over the work means that GLEOW LLC will follow the direction of the CITY as to end results of the work only. 15. AUDIT OF RECORDS. A. GLEOW LLC agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. GLEOW LLC 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. GLEOW LLC further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. GLEOW LLC will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16. CORRECTIVE MEASURES. GLEOW LLC will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. GLEOW LLC will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of GLEOW LLC to implement required corrective measures shall result in immediate termination of this Agreement. 17. INSURANCE REQUIREMENTS. A. GLEOW LLC, at GLEOW LLC’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. GLEOW LLC shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or 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 Page 5 of 10 agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by GLEOW LLC for City. 2. General Liability Coverage. GLEOW LLC 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. GLEOW LLC shall maintain automobile liability insurance covering bodily injury and property damage for all activities of GLEOW LLC 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. GLEOW LLC shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from GLEOW LLC’S operations under this Agreement, whether such operations are by GLEOW LLC 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,” GLEOW LLC 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 GLEOW LLC for all claims made by CITY arising out of any errors or omissions of GLEOW LLC, 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. GLEOW LLC 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 liability arising out of work performed by or on behalf of GLEOW LLC, including materials, parts, or equipment furnished in connection with such work or operations.” Page 6 of 10 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. GLEOW LLC agrees to provide immediate notice to CITY of any claim or loss against GLEOW LLC 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, GLEOW LLC shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. GLEOW LLC 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 GLEOW LLC 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 retention (“SIR”) and/or deductible of the policy in lieu of GLEOW LLC (as the named insured) should GLEOW LLC 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. GLEOW LLC Page 7 of 10 understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by GLEOW LLC as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on GLEOW LLC’s behalf upon GLEOW LLC’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 GLEOW LLC for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. GLEOW LLC 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 GLEOW LLC 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 GLEOW LLC for anything done, furnished or relating to GLEOW LLC’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 GLEOW LLC, 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 GLEOW LLC, its employees, sub-consultants and agents. 20. CORRECTIONS. In addition to the above indemnification obligations, GLEOW LLC shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of GLEOW LLC’s report or plans. Should GLEOW LLC 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 GLEOW LLC. 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 GLEOW LLC under this Agreement up to the amount of the cost of correction. 21. NON-APPROPRIATION OF FUNDS. Payments to be made to GLEOW LLC 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 GLEOW LLC’S services beyond the current fiscal year, the Agreement shall cover payment for GLEOW LLC’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 10 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 GLEOW LLC City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Suja Lowenthal Lily Lapenna 2410 Hill Street, Santa Monica, CA 90405 ATTN: Lily Lapenna 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. GLEOW LLC maintains and warrants that it has not employed nor retained any company or person, other than GLEOW LLC’s bona fide employee, to solicit or secure this Agreement. Further, GLEOW LLC warrants that it has not paid nor has it agreed to pay any company or person, other than GLEOW LLC’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 GLEOW LLC 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 GLEOW LLC and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of GLEOW LLC’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. Page 9 of 10 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 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, GLEOW LLC represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. GLEOW LLC 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 GLEOW LLC 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 GLEOW LLC, except GLEOW LLC’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 GLEOW LLC, but any re-use of such documents by the City on any other project without prior written consent of GLEOW LLC shall be at the sole risk of the City. 35.DISCLOSURE REQUIRED. (City and GLEOW LLC initials required at one of the following paragraphs) .. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is nol a ·con ultanf' for the purpose f Lh alifomia 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 1870l(a) (2) (A) and is otherwise not serving in staff capacity in accordance� the City's Conflict of Interest Code. City Initials � C r GLEOW L lnitial _u_ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH: GLEOWLLC: anager By: Jy Lapenna, CEO ATTEST: Taxpayer ID No . Page 10 of 10 In partnership with Lily Lapenna, www.lilylapenna.com 1 City of Hermosa Beach Executive Coaching Program January 2020 Exhibit A In partnership with Lily Lapenna, www.lilylapenna.com 2 Overview The Executive Coaching Program will support the City Manager Suja Lowenthal and the management team at The City of Hermosa Beach to strengthen leadership and communication skills across departments whilst enhancing team performance and impact on the community. Goals Lily Lapenna and her team will work with Suja Lowenthal and her team on the following goals: 1. Strengthen communication and collaboration across the City’s office. 2. Align everyday decisions and actions to the City’s values, vision and strategic plan. 3. Refine internal processes to increase efficiency, performance and collaboration. 4. Support Suja Lowenthal and nine of her colleagues on their individual leadership journeys. Some of the topics covered during the coaching sessions may include: The effective communicator: • Managers will explore how to navigate the City’s organizational system and identify ‘SMART’ communication channels that leverage your position for greater cross-functional team alliances and impact. • Managers will explore how perception can distort communication, using the Ladder of Inference by Harvard Professor Chris Agyris. • Managers will understand how ineffective communication can negatively impact results. • Managers will practice deep listening with the concept of the four ears by Michaela Pfundmair: facts, feelings, intentions and filters. Managers will learn to ask more questions and to listen for the four elements, rather than respond with opinion, to overcome any perception filters. In partnership with Lily Lapenna, www.lilylapenna.com 3 Building your brand: • Managers focus on sharpening and expanding their professional brand on - and off-line, within the City and beyond. • We will work on defining a strong brand focusing on purpose, values, strengths and content contribution for each individual as well as the team. Effective networking: building your personal boardroom • We will work on identifying relevant internal and external networking channels and opportunities. • We will explore what barriers are faced when networking and how to Overcome limiting patterns around networking . • We will help managers develop into authentic networkers and communicators. • We will support each manager to develop their Personal Boardroom, which includes influential allies who can help them to become more effective at work, to reach their KPIs and to progress along their professional career. Influencing conversations: • Influencing is commonly mistaken as trying to get buy-in from another person, but often at the expense of the relationship. We discuss how this is different when we balance advocacy with inquiry and understand people’s situation before making a request. • Managers will practice influencing conversations that appeal to both head and heart using the elephant and rider model by Jonathon Haidt. The emotional brain is like an elephant – heavy and difficult to move. It needs inspiring. The rational brain is the rider on top – ready to instruct the elephant but needs to know the pathway. Developing your corporate presence: • Managers will discover the importance of corporate presence, inspired by Matthew Kohut and John Neffinger’s work on Compelling People. • Managers will work to explore their body language across different emotional states, and the affect it has on the other person. They will recognize that people engage with us more when we demonstrate strength and warmth in our character. • Managers will take away self-coaching tools to develop a more engaging and influential presence for one to one meetings, group meetings and presentations. In partnership with Lily Lapenna, www.lilylapenna.com 4 Becoming a thought leader: • Thought leadership sets teams apart from the status quo, whilst feeding innovation back into the organization’s DNA. Managers will use habits of a systemic thinker to discuss what it means to be a thought leader in the City. The habits provide ways of seeing systemically e.g. ‘observing how systems change over time’ and ‘leveraging opportunities for innovation’. • Managers will discuss what difference thought leadership would make for the team, the organization and their own career portfolios. • Managers post-program activity may include publishing an article on LinkedIn. In preparation, they will brainstorm their own specialist points of view. Specifications The coaching program will start in January 2020 and run for up to 12 months until January 2021. Biweekly or monthly sessions are advisable. The following people will be able to benefit from 10 coaching sessions each. They can opt in or out of this opportunity. Once they have opted in, they must follow through with all 10 sessions in order to get optimal results. • Suja Lowenthal City Manager • Deputy City Manager • Assistant to the City Manager • Director of Community Development (Planning) • Director of Public Works • Manager of Community Resources (Parks & Recreation) • Manager of Human Resources • Director of Finance • Chief of Police Budget 10 executive coaching sessions of 60 minutes each at $320 for 9 team members 28,800 Administrative costs 600 Total 29,400 In partnership with Lily Lapenna, www.lilylapenna.com 5 About the Coaches on this Project About Lily Lapenna Lily Lapenna MBE is a serial entrepreneur, having founded and run MyBnk, a global social impact business for 10 years. She is now CEO of a Leadership Consulting & Coaching Company that works with individuals and teams, from Startups to FTSE 100 companies, to increase performance, self-awareness and impact. From one-on-one coaching to team leadership programs, Lily and her team support all aspects of business, from strategy to systemic leadership, social impact and innovation. Using entrepreneurial questioning, deep listening and psychology, they help people and teams overcome limiting patterns, become more resilient and perform beyond expectation. Lily is also a lecturer in entrepreneurship at Occidental University in Los Angeles and an Industry Advisor at SAID Business School, University of Oxford, UK. The World Economic Forum honored Lily as a Young Global Leader recognizing her system change leadership. In 2017, Queen Elizabeth II honored Lily with an MBE in recognition of her work in financial services and entrepreneurship. About Ginger Legon Ginger Legon is a Certified Co-Active Coach (ICF-ACC), Certified Positive Psychology Practitioner, Facilitator and National Presenter. She works with individuals and teams to develop effective communication, harness potential and create positive and thriving cultures. Before relocating to Los Angeles, she designed and facilitated leadership development trainings in struggling schools throughout New York City by engaging and inspiring teachers, students and staff to step into their authentic power. She currently has her own coaching practice and works as a Money Coach for Capital One. About Kirsten Goodwin Kirsten Goodwin is a mind-body career coach. She built a successful career in the UK Civil Service, operating at the highest levels in some of the toughest roles - including negotiating with the EU, and teaching hard-bitten law enforcers how to do their jobs better at the National Crime Agency. She learnt how to build high-performing teams, the art of negotiation and the importance of systemic influence and impact. She also learnt how to best manage her stress with mind-body techniques. Today, she uses these skills and her experience to support ambitious professionals in achieving their goals with ease and balance. Administration In partnership with Lily Lapenna, www.lilylapenna.com 6 Kara Goyal is Researcher to Lily Lapenna MBE Leadership Coaching and Consulting. She helps with all logistics, scheduling and finance. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0258 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 PUBLIC HEARING ON THE ANNUAL LEVY FOR THE SEWER CHARGE AND ENGINEER’S REPORT (Public Works Director Marnell Gibson) Recommended Action: Staff recommends City Council open the public hearing, and: 1.Make a finding that there is no majority protest by parcel owners within the City of Hermosa Beach; and 2.Adopt the enclosed resolution,with attached Engineer’s Report,and place the sewer service charge on the annual County of Los Angeles Tax Roll. Executive Summary: On June 23,2015,Council adopted by resolution an annual sewer service charge to fund maintenance,operations,servicing,and improvements to the City’s sewer collection system.The resolution included a provision beginning July 1,2016 and each July thereafter,the charge per Equivalent Service Unit established in FY 2015-16 shall be increased by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers,not to exceed two percent (2%)per year.The City must conduct a majority protest hearing in accordance with Proposition 218 (Article XIIID of the California Constitution)prior to adopting any new (or increased)sewer charge. There is no annual increase for this fiscal year as the authorizing resolution for the annual sewer service charge programmed increases for the first five year.However,to place the sewer service charge on the annual County of Los Angeles Tax Roll,Council must make a finding that there is no majority protest by parcel owners within the City of Hermosa Beach and adopt the enclosed resolution (Attachment 2)with the attached Engineer’s Report.Staff recommends Council make such finding and adopt said resolution. Background: City of Hermosa Beach Printed on 5/7/2021Page 1 of 5 powered by Legistar™ Staff Report REPORT 21-0258 Past Council Actions Meeting Date Description June 23, 2015 Council approved a resolution for the first time adopting an annual sewer service charge for Fiscal Year 2015-16 to fund maintenance, operations, servicing, and improvements to the City’s sewer collection system. The sewer service charge is based on the direct cost of providing maintenance,operation,servicing, and improvements to the sewer collections system.The $115 charge per Equivalent Service Unit (ESU)for Fiscal Year 2015-16 was multiplied by the ESUs for each residential parcel and by water consumption for non-residential users to determine the charge for each parcel.The fees collected from parcels funds the sewer services provided by the City.The fee was increased annually the past four years by adding the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim Area (CPI-W).The CPI-W is published by the Bureau of Labor Statistics and is used to annually adjust benefits paid to Social Security beneficiaries and supplemental security income. As per the originating sewer charge resolution,annual increases can only be authorized for a five- year period.A new Proposition 218 hearing would be required to increase the charge after the initial five-year period.This year,since the City is outside of the initial five-year term originally established in June 2015,the sewer service charge shall not be increased by CPI-W.The Fiscal Year 2021-22 annual sewer service charge would remain at last year’s rate of $126.60. Analysis: For Fiscal Year 2021-22,the sewer service charge rates,compared to the previous year for each parcel type are listed below: Residential Parcel Sewer Charges City of Hermosa Beach Printed on 5/7/2021Page 2 of 5 powered by Legistar™ Staff Report REPORT 21-0258 Single family residential units are charged at 1.0 ESU per parcel.Multi-family residential units are charged at 0.6 ESU per parcel and condominiums at 1.0 ESU per parcel,as they are similar to single family residents in use.Vacant parcels of any use are charged 0.5 ESU.For FY 2021-22,the proposed charge per 1.0 ESU is $126.60.A summary of ESUs for residential land-use classes can be found on page 11 of the Engineer’s Report (Attachment 1). For non-residential parcels,the adjusted ESU’s vary but will remain about the same as last year. Whether the non-residential sewer fee went up or down relative to last year is a function of whether a non-residential parcel used more or less water than last year.The ESU for the various non-residential land uses is calculated per the following equation: ESU = commercial water consumption gallons per day (GPD)/260 GPD per single family residential unit (SFRU) The Engineer’s Report contains detailed information about the annual charge and the charge to be applied to the parcels.Also included in the report is information about the use of revenue,annual increases,and Proposition 218 considerations.Every parcel in the City is subject to the sewer service charge. This public hearing provides an opportunity for the City Council to hear and consider all protests to the annual levy of the sewer service charge.In the absence of a majority protest by property owners within the City of Hermosa Beach,the City Council may order placement of the City sewer service charge on the FY 2021-22 property tax rolls and approve the attached Engineer’s Report ( City of Hermosa Beach Printed on 5/7/2021Page 3 of 5 powered by Legistar™ Staff Report REPORT 21-0258 charge on the FY 2021-22 property tax rolls and approve the attached Engineer’s Report ( Attachment 1)by adopting the Resolution (Attachment 2).City Council action is required in order to place the annual charge on the tax roll. If Council finds that written protest is made by property owners of a majority of the separate parcels listed in the Engineer’s Report,then the Resolution and Engineer’s Report shall not be adopted and the charges shall be collected separately from the tax roll,by a method to be determined,and shall not constitute a lien against any parcel or parcels of land. Since there is no annual increase for this fiscal year,the City is not required to notify each property owner in writing of the CPI-W increase at least 30 days before the effective date of the adjustment per state law.Normally,to meet this requirement,the notice must be sent prior to June 1,2020,after Council adoption of the Resolution. A notice of the May 13,2021,public hearing was published in the Easy Reader on April 22,2021 and April 29,2021 (Attachment 3).As set forth above,staff recommends City Council hold a public hearing to:(1)make a finding that there is no majority protest by property owners within the City;and (2)adopt the enclosed Resolution,with attached Engineer’s Report,and place the sewer service charge on the annual County of Los Angeles Tax Roll. Update on Sewer Repair Projects: The collected sewer funds are used for routine sewer cleaning,planned repairs and rehabilitation, and emergency repairs.To date,over approximately 1.6 miles of sewer main were repaired and rehabilitated as part of the most recent sewer improvements project.The project cost was approximately $2,000,000.The next anticipated sewer project is scheduled to complete construction next Fiscal Year 2021-22 and will repair and rehabilitate approximately 1.9 miles of sewer line for an estimated cost of $2,500,000.The Sewer Master Plan recommended approximately 8.73 miles of sewer main repairs.Once this year’s project is completed,the City will have made 41%of those recommended repairs.The City also spends on average $400,000 annually for operations and maintenance. Projects, operations, and maintenance are all funded by the annual sewer levy fee. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: Infrastructure Element Goal 4. The sewer system infrastructure is modernized and resilient. Policies:4.1 Sewer system master plan.Ensure that the Sanitary Sewer Master Plan contains an City of Hermosa Beach Printed on 5/7/2021Page 4 of 5 powered by Legistar™ Staff Report REPORT 21-0258 effective and proactive maintenance program that reduces future operation costs. 4.3 Service fees.Ensure that allocation of the Sewer Service Charge is efficient and transparent to the public. Fiscal Impact: The anticipated total revenue from the sewer charge is approximately $1,078,142, which is included in the 2021-22 Preliminary Budget. Attachments: 1.Engineer’s Report 2.Resolution 3.Notice of Public Hearing Respectfully Submitted by: Reed Salan, Associate Engineer Concur:Lucho Rodriguez, Deputy City Engineer Concur:Marnell Gibson, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review:Monica Castillo, Associate Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 5 of 5 powered by Legistar™ CITY OF HERMOSA BEACH Sewer Service Charges Commencing Fiscal Year 2021/2022 ENGINEER’S REPORT Submitted by: NV5 MAY 5, 2021 Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 TABLE OF CONTENTS Section Page No. Introduction 1 Part A – Plans and Specifications 3 City Sewer Improvements 3 Operations, Maintenance and Services 3 Part B – Estimated cost of the Improvements 6 Part C – Charge Calculations and Proposed Charges 7 Part D – Boundary Diagram 12 This report has been prepared and submitted by Jeffrey M. Cooper, NV5. Jeffrey M. Cooper, RCE 31572 May 5, 2021 Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 1 INTRODUCTION In order to effectively establish a capital improvement program to implement the needed wastewater system improvements, an equitable method of prioritizing projects must be established. In general, sewer facilities having the greatest degree of defects and deterioration at the present time will receive higher priority than those which are in better conditions. In 1994, an Infrastructure Management Project Report, prepared by ITX, analyzed the City’s sewer network and also recommended a rehabilitation program to address the immediate needs of the sewer network. In 2008, considering the City’s 85 years old sewer network of concrete and clay pipes, City embarked on the implementation of a Sanitary Sewer Master Plan that updated the Sewer portion of the Infrastructure Management Project Report prepared by ITX in 1994. Building on the work the City had completed through the undertaking of previous studies and projects, the Sewer Master Plan was prepared based upon newly collected data from the 2008 Closed Circuit TV (CCTV) inspection of the entire sewer system. This Sewer Master Plan, dated April 2009 and revised March 2011, listed the existing defects and deficiencies and identified projects for improvements for a 10 year program. At the end of a ten-year rehabilitation program, CCTV inspection of the entire sewer system is typically recommended for monitoring any remaining or newly developed physical deterioration and maintenance problems. This would allow the City to continue with development and implementation of a cost effective rehabilitation program that will insure the long-term integrity of the sewer system and service to the community. The City considered bonding for needed sewer improvements, however has decided to adopt a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system based on the priority set in the Sewer Master plan. In support of this endeavor, the City updated their Sewer Master Plan in 2017. SUMMARY AND RECOMMENDATIONS As was previously stated, the City has undertaken rehabilitation work of its sewer system based on programs outlined in previous studies that recommended the City to plan for the eventual replacement of the entire sanitary sewer system. City is estimated to currently have 194,000 lineal feet of sanitary sewer pipes, 880 sewer manholes, one (1) main wastewater pump station and three (3) small beach restroom pumps. In 2008, Closed Circuit TV (CCTV) inspection of the entire sewer system, that was accessible, was completed and prioritized for repair in the 2009 Sewer Master Plan. Of the 194,000 lineal feet of sanitary sewer pipes in the system, 38,000 lineal feet of sewer pipes were not accessible by CCTV due to obstructions. These pipes are likely to be badly deteriorated considering their age and limited accessibility for routine maintenance. Therefore, these pipes are considered a priority for rehabilitation and repair. Again in 2016-2017, CCTV was conducted for the entire sewer system in conjunction with the latest 2017 Master Plan. The current Master Plan recommends over $11 million in improvements over the next ten years. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 2 This Engineer’s Report (“Report”) has been prepared for the City of Hermosa Beach commencing in Fiscal Year 2015/2016 and consists for four (4) parts: PART A – PLANS AND SPECIFICATIONS Contains a summary of the improvements within the City to be maintained and the proposed services and activities to be funded by the sewer services charges. PART B – ESTIMATE OF COST Identifies the estimated cost of the services and/or maintenance to be provided by the City, including annual service and maintenance expenses; debt service for capital outlays, repairs, rehabilitation or replacement of equipment or facilities; as well as operational and incidental costs and expenses in connection therewith. PART C – CHARGE CALCULATION AND PROPOSED CHARGES Outlines the basis on which the annual charges will be calculated for each parcel within the City. PART D – BOUNDARY DIAGRAM Contains a Diagram showing the exterior boundaries of the territory within the City of Hermosa Beach subject to annual sewer services charges, which is coterminous with the boundaries of the City of Hermosa Beach. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within proposed sewer services boundary described herein are identified and correspond to the Los Angeles County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the City of Hermosa Beach and subject to the proposed annual sewer services charges to be levied on behalf of the City. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 3 PART A – PLANS AND SPECIFICATIONS CITY SEWER IMPROVEMENTS1 The sewer improvements within the City of Hermosa Beach for which the City proposes to be responsible for maintenance and operation of the sewer system as well as levy and collect charges to maintain such improvements, includes, but is not limited to, and may be generally described as follows:  Approximately 194,000 feet of main sewer lines consisting of the following: o 28,868 linear feet (LF) of 6" sewer lines; o 149,993 linear feet (LF) of 8" sewer lines; o 4,204 linear feet (LF) of 10" sewer lines; o 5,071 linear feet (LF) of 12" sewer lines; o 1,254 linear feet (LF) of 15" sewer lines; o 1,150 linear feet (LF) of 18" sewer lines; o 805 linear feet (LF) of 21” sewer lines; and o 2,655 linear feet (LF) of 24” sewer lines.  880 Sewer Manholes  Four Lift/Pump station: 394 – 21 inch and 2,629 – 24 inch o Three (3) Beach restroom pumps o The Strand - 34th The historical plans and specifications for the city-owned sewer improvements are incorporated and contained in the sewer construction plans and specifications for the various sewer segments of the sewer system within the City of Hermosa Beach. These plans and specifications are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The specific plans and specifications for the city-owned sewer improvements are on file in Public Works at the City. OPERATIONS, MAINTENANCE AND SERVICES The City of Hermosa Beach proposes to collect funds to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as funds that may be necessary to pay for capital outlay expenditures including repairs, rehabilitation or replacement of equipment or facilities. The following is a summary of the services and activities associated with the maintenance, operation, servicing and capital outlay expenditures for the City's sewer system. The frequency, extent and/or level of the services and activities identified below may be modified based on available funding and priorities as determined by the City: Preventive Maintenance One of the City's primary objectives for assuming responsibility and management of the operation and maintenance of the City's sewer system is to provide a cost-effective and efficient program that will ensure the integrity and long term stability of the sewer system. This is best accomplished by implementing a preventive maintenance program that addresses the entire sewer system. This preventive maintenance should include, but is not limited to, regular inspection of the sewer manholes, pipes, siphons, pump stations and related facilities as well as regular cleaning, repair, and related activities as warranted. These activities are intended to detect and correct potential problems 1 Information from the City of Hermosa Beach Master Plan. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 4 before they develop into major problems. The following is a general summary of those preventive maintenance activities.  Sewer Line and Manhole Inspection - The interior and exterior of manholes to be inspected (at least once a year) for any structural defects, sewage flow condition, presence of vermin or rodents, deleterious industrial waste, odors, and any signs of unusual settlement around or evidence of debris within the manholes and along sewer alignments.  Sewer Line Cleaning - Sewer lines will be videoed and cleaned by hydro jet or rodding as needed based on a scheduled that ensures each sewer line is addressed at least every three-five years. The actual frequency of cleaning may vary based on inspection records. Sewer lines known to cumulate grease, garbage grinds, or sand may be addressed more frequency with possible monthly, quarterly, or semi-annual cleaning schedule. Those areas prone to root growth may be periodically rodded or chemically treated.  Sewage Pump Stations - All pump stations are equipped with telemetry/alarm systems and will be inspected at least once a week. Pumps and motors will be inspected and lubricated, control mechanisms and valves will be checked and adjusted as necessary. Pump station equipment will be repaired or modified as required.  Gas Trap Manholes and Siphons - Inspected and cleared of any stoppages or flow restrictions on a monthly basis.  Drop Manholes - Inspected and cleared of stoppages and flow restrictions on variable frequencies based on prior inspection records.  Vermin and Rodent Control - On an as-needed basis, sewers infested by insects will be chemically treated, and those infested by rodents will be baited. Capital Outlay, Rehabilitation and Replacement The City has adopted a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system on a priority basis. However, in addition the City plans to develop and implement a long-term replacement and refurbishment program that will ensure not only the short term integrity of the sewer system, but also the long- term integrity and continue service to the community. As the city's sewer collection system ages, the risk of failure will ultimately increase due to deterioration, collapse, blockage, excessive inflow and infiltration, overflow, and other potential service interruptions. Therefore, while the scheduling of major repairs, rehabilitation projects and replacement projects will ultimately be implemented based on available funding, highest priority will be given to structural deficiency. However, by developing a long-term replacement and refurbishment program with the goal of eventually addressing the entire system, the City may also address hydraulic deficiency in addition to the structural deficiency. Sewer System Management  Mapping - As-built plans of the sewer facilities will be maintained by the City. Data on the plans, such as system locations and alignment, pipe material, size, etc., will be maintained and stored electronically by the City. These maps will be available and utilized by the field crews for work scheduling and responding to emergencies, and will be updated to reflect any changes in the system. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 5  Work Scheduling - Field crew activities will be recorded and tracked by the City utilizing various forms including, but not limited to service requests, cleaning reports, sewer maintenance daily reports, overflow reports forms, project work orders, etc. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 6 PART B – ESTIMATED COST OF THE IMPROVEMENTS The net amount to be charged on the lots or parcels within the City is based on an initial estimate of the annual cost and expenses for the maintenance, operation, servicing of the City's existing sewer system improvements as well as the funding deemed appropriate and necessary for future capital improvements and reserves (Replacement funding). It was originally estimated that sewer capital improvements are needed at $11 million for the current planning period. USE OF REVENUE O & M/year (range) $250,000 - $450,000 Available for Improvement Financing / Year $700,000 - $900,000 $ Charge/1 ESU (Single Family Resident) $115/year* *Fiscal Year 2015/2016 Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 7 PART C – CHARGE CALCULATION AND PROPOSED CHARGES The sewer service charge for 2021/2022 is being reestablished by the City. The charge multiplied by the Equivalent Sewer Units assigned to each parcel will be the charge for each parcel. The Equivalent Sewer Unit (ESU) determination for each parcel is described below. LAND USE ESU Single Family 1.0 Condominiums 1.0 Multi Family 0.6 Sewage Generation Factors The City of Hermosa Beach updated their sanitary sewer master plan in April 2009, March 2011, and again in June 2017. A numeric relationship between the various lots and parcels is necessary for the allocation of the costs of sewer maintenance among the lots and parcels. It is customary to relate the various land uses to the single family residential lot which is established as one Equivalent Sewage Unit (ESU), and all other lots and parcels are related proportionally to the single family residential lot. Based on sewage generation rates, a typical single family lot generates 260 gallons per day in Los Angeles County2. Therefore, for purposes of comparison of the various land uses for lots and parcels, 260 gallons per day is designated as the equivalent of 1 ESU. Non-residential Land Uses The ESU for various non-residential land uses is calculated by the following equation: ESU = [Commercial Water Consumption GPD]/260 GPD per SFRU Single family residential units will be charge at 1.0 ESU per parcel, the multi-family residential units will be charged at 0.6 ESU per parcel and condominiums at 1.0 ESU per parcel as they are similar to single family residents in use. For the non-residential, it was allocated by water consumption values for all of Hermosa Beach from information provided by California Water Services Company annually. Vacant parcels of any use are charged 0.5 ESU. 2West Hollywood Sewer Charge Report. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 8 Government Facilities and Parcels There are several parcels that receive sewer service that are owned and operated by local government. Proposition 218 requires that each parcel not pay more than the proportional cost of providing the service. Therefore, because these government parcels use the sewer service, they are included in the computation of the charge and are charged. CALCULATION OF THE CHARGE The sewer service charge is based on the direct cost of providing the service. These costs include staff, rent, utilities, and other costs as needed for sewer repair and improvements as described earlier in this report. The $115 charge per ESU for 2015/2016 was adopted by the City Council on April 28, 2015 and approved on June 23, 2015 is multiplied by the ESUs for each residential parcel and by water consumption for non-residential to determine the charge for each parcel. The 2016/2017 revenue for the sewer services was funded by the total of the charges from the parcels using $115/ESU times 1.7% Annual increase. The sewer charge for Fiscal Year 2016 - 2017 was $116.96/ESU. The charge for 2017/2018 was 2% greater than 2016/2017 for a charge of $119.30/ESU for 2017/2018. The charge of $119.30/ESU was increased by 2% for a charge of $121.69/ESU for fiscal year 2018- 2019. The charge of $121.69/ESU was increased by 2% for a charge of $124.12/ESU for fiscal year 2019-2020. The charge of $124.12/ESU was increased by 2% for a charge of $126.60 for fiscal year 2020-2021. For fiscal year 2021- 2022, the charge will remain the same as last year ($126.60). There is no annual increase for fiscal year 2021-2022. ANNUAL INCREASES Because the costs of providing the sewer service may increase over time, beginning July 1, 2016 and each July thereafter, the charge per ESU established in 2015/2016 shall be increased by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim (this used to be referred to as Los Angeles-Riverside-Orange County, it is a continuous index linked to the previous index), CA Area (CPI), including all items as published by the US Bureau of Labor Statistics as of March 1 of each year, not to exceed two percent (2%) per year. The annual increases can only be authorized for a five year period. To increase the charge after the initial five year period, would require a new Proposition 218 hearing. PROPOSITION 218 CONSIDERATIONS Proposition 218, which the voters of the State of California passed on November 5, 1996, contains requirements for the imposition of a fee or charge for property related services. Requirements for fees and charges are contained in Section 6 of Article XIII D. Paragraph (b) describes the requirements for new, existing, or increased fees and charges, as: (1) Revenues shall not exceed the funds required to provide the service. (2) Revenues shall not be used for any other purpose. (3) The amount of the fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 9 (4) No fee or charge may be imposed unless the services is actually used by or immediately available to the owner of the property in question. (5) No fee or charge shall be imposed for general governmental services, i.e., police, ambulance, library, where the service is available to the public at large in substantially the same manner as it is to the property owners. This report and recommended charges complies with all five of these requirements. 1. Revenues generated by this charge will not exceed funds required to provide sewer services and shall not be used for any other purpose, besides what has been described herein. 2. The sewer charge is the proportional cost of provided service to the parcels in the City and the charge is for actual use or is immediately available to the property in question. Due to the number of parcels in the City of Hermosa Beach that will be subject to the Sewer Service Charge, the Parcel Charges (a listing of the Assessor's Parcel Numbers to be levied the proposed charge amounts) is not contained in this Report, but will be filed with the City Clerk in an electronic format prior to the public hearing regarding the levy and collection of the charges for Fiscal 2021/2022. The proposed Parcel Charge Roll, after being filed with the City Clerk, shall be available for public inspection in the City Clerk's Office during normal business office hours. However, the following tables provide a summary of the estimated ESUs by land use anticipated for Fiscal Year 2021/2022, per the County's assigned land use classification of each parcel within the City that was available at the time this Report was prepared. Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 10 EXAMPLES OF ESUs BY LAND USE - Residential Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 11 EXAMPLES OF ESUs BY LAND USE - Non-Residential Attachment 1 City of Hermosa Beach – Sewer Services Charge Engineer’s Report Commencing Fiscal Year 2021/2022 | 12 PART D – BOUNDARY DIAGRAM The parcels within the Sewer Service Charge Area consist of all lots, parcels and subdivisions of land within the City of Hermosa Beach. A copy of the Boundary Diagram is provided below. CITY OF HERMOSA BEACH BOUNDARY DIAGRAM Attachment 1 NV5 NV5 163 Technology Drive, Suite 100 Irvine, CA 92618 (949) 585-0477 www.nv5.com Jeffrey M. Cooper, PE Vice President, NV5 (949) 585-0477 Jeff.Cooper@nv5.com Attachment 1 Page 1 of 4 21-7280 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 21-7280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CONFIRMING THE LEVYING OF AN ANNUAL SEWER SERVICE CHARGE FOR FISCAL YEAR 2021-2022 PURSUANT TO CHAPTER 13.12 OF TITLE 13 OF THE CITY OF HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Chapter 13.12 of Title 13 of the City of Hermosa Beach Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470, the City Council is authorized to levy the annual sewer service charge (the "Charge") and to have such Charge collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City. SECTION 2. The City Engineer prepared and filed a written report containing a description of each parcel of real property within the City to which the Charge is applicable (the “Identified Parcels”) and the amount of the Charge for each such Identified Parcel for fiscal year 2021-2022 computed in conformity with Section 13.12.030 of the City of Hermosa Beach Municipal Code and approved such Engineer's Report as filed (“Engineer’s Report”). SECTION 3. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the levy and collection of the proposed charge for fiscal year 2021-2022. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral statements and all written protests made or filed by any interested person. A majority protest does not exist against the annual levy of the sewer service charge and all oral and written protests to the levy and collection of the proposed charge for fiscal year 2021- 2022 are hereby overruled by the City Council. SECTION 4. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk and the Department of Public Works, and is hereby incorporated by reference, the City Council hereby finds and determines that (i) each parcel in the City benefits from receiving sewer service (ii) the net amount to be assessed upon each parcel of real property for fiscal year 2021-2022 in accordance with the Engineer's Report is apportioned by a formula and method that fairly distributes the net amount among all assessable parcels in proportion to the estimated benefits received by each parcel, and (iii) no charge is imposed on any parcel that exceeds the reasonable cost of the benefits conferred on that parcel. Attachment 2 Page 2 of 4 21-7280 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 SECTION 5. Parcels that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California or the United States shall be charged unless the City demonstrates by clear and convincing evidence that such parcels receive no benefit from the proposed service. SECTION 6. As set forth in the Engineer’s Report, the annual sewer service charge is in compliance with the provisions of the City of Hermosa Beach Municipal code and Article XIIID of the California Constitution and the City Council has complied with all laws pertaining to the levy of an annual charge pursuant to the City of Hermosa Beach Municipal Code and Article XIIID of the California Constitution. Following a majority protest hearing, the initial ordinance enacting the sewer service charge also included a provision that beginning on July 1, 2016 and each July 1 through July 1, 2020, the sewer service charge would be increased by the annual increase in the Consumer Price Index (CPI-W) for Urban Wage Earners and Clerical Workers in the Los Angeles-Riverside-Orange County, CA Area (now renamed Los Angeles-Long Beach- Anaheim, CA Area) including all items published by the U.S. Bureau of Labor Statistics as of March 1 of each year, not to exceed two percent (2%) per year. Because fiscal year 2021-2022 is outside the four-year period to increase the annual charge according to an increase in the CPI-W, this Resolution does not increase the existing charge. SECTION 7. The annual sewer service charge is levied without regard to property valuation. SECTION 8. The City Council hereby finds and determines that the cost of the service that is financed by the annual sewer service charge for fiscal year 2021-2022 is approximately $1,078,142. SECTION 9. The City Council hereby determines and imposes the annual sewer service charge for fiscal year 2021-2022, at the rates set forth in the Engineer’s Report of $126.60 per Equivalent Sewer Unit for residential parcels and at a variable rate based on actual use for non-residential parcels which is in compliance with the provisions of the City of Hermosa Beach Municipal code and Article XIIID of the California Constitution. SECTION 10. In accordance with the California Environmental Quality Act (“CEQA”), Public Resources Code §21000 et seq., and the regulations promulgated pursuant to CEQA (“The State Guidelines”) the City Council finds that this Resolution establishes rates and charges for the purposes of meeting operating expenses of the City, meeting financial reserve needs and requirements of the City and obtaining funds for capital projects which are necessary to maintain service within existing service areas in the City, and is therefore exempt from CEQA pursuant to State Guidelines § 15273. SECTION 11. The adoption of this resolution constitutes the levy of an annual sewer service charge against parcels of property in the City of Hermosa Beach for the fiscal year commencing July 1, 2021 and ending June 30, 2022. Attachment 2 Page 3 of 4 21-7280 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 SECTION 12. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of the annual sewer service charge, and such charge, and each installment of the charge, shall be collected in the same manner, and shall be subject to the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on behalf of the City. After collection by the County, the net amount of the charge, after deduction of any compensation due the County, shall be remitted to the Finance Director. SECTION 13. The Finance Director shall deposit all money representing charges collected by the County to the credit of the Hermosa Beach Sewer Fund. SECTION 14. The City Clerk is hereby authorized and directed to file the Boundary Diagram and the list of actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied on each parcel) with the County Auditor, together with a certified copy of this Resolution upon its adoption, in addition to any additional information the County Auditor required to collect the charge with the County taxes. SECTION 15. A certified copy of this resolution and a copy of the Engineer’s Report and the actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied on each parcel) shall be filed in the office of the City Clerk and open to public inspection. PASSED, APPROVED, and ADOPTED this 13th day of May 2021, by the following roll call vote. A summary notice thereof has been published twice in a newspaper of general circulation in prior to said hearing as required by law. AYES: NAYES: ABSENT: ABSTAIN: ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Attachment 2 Page 4 of 4 21-7280 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 ___________________________________ _____________________________ City Clerk City Attorney Attachment 2 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0271 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 9.42 TO THE HERMOSA BEACH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF FIREARMS IN A RESIDENCE (City Clerk Eduardo Sarmiento) Recommended Action: Staff recommends City Council: 1.Conduct the Public Hearing; and 2.Waive full second reading and adopt by title Ordinance No. 21-1429. Executive Summary: At the April 27,2021 City Council meeting,staff introduced on first reading the attached ordinance requiring firearm owners to,subject to specified exemptions,store their firearms in residences in a locked container or disable it with a trigger lock.Due to time restraints,a Public Hearing was noticed in the Easy Reader on April 29, 2021, for second reading instead of for first reading. Background: Research demonstrates that having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death.In the United States,Americans have broad exposure to firearms.According to a 2017 Pew Research Center survey,nearly half of adults in the United States (48 percent)grew up in a household with firearms.Among Americans who own a gun,nearly two-thirds (66 percent)say they own more than one firearm,including 29 percent who own five or more. According to a 2008 report published in the New England Journal of Medicine,living in a home where guns are kept increased an individual’s risk of death by homicide by between 40 percent and 170 percent.Similarly,a 2004 national study determined that the presence of guns in the home increased an individual’s risk of death by homicide by 90 percent.The Centers for Disease Control and Prevention reports that in 2018,there were 39,740 firearm-related deaths in the United States.In 2019, firearms were used in 23,941 suicides in the United States. Children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit.Research shows that an estimated 4.6 million City of Hermosa Beach Printed on 5/7/2021Page 1 of 4 powered by Legistar™ Staff Report REPORT 21-0271 secured in their own homes or in homes they visit.Research shows that an estimated 4.6 million American children live in homes with at least one gun that is loaded and unlocked.According to national data,children and young adults (24 years of age and under)constitute 38 percent of all firearm deaths and non-fatal injuries.More than 75 percent of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 years of age)were stored in the residence of the victim,a relative,or a friend.An estimated 89 percent of accidental shooting deaths among children occur in the home and most of these deaths occur when children are playing with an unsecured loaded gun in their parents’ absence. Firearm injuries have a significant public health impact.According to a 2015 study,researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year,including $8.6 billion in direct expenses such as those for emergency and medical care.In California,the direct costs of hospital use for firearm assault injuries alone was estimated at $87.4 million in 2010, with 65 percent of these costs borne by taxpayers. The safe storage of firearms in the home,whether with trigger locks or safes,reduces the risk of firearm related injury and death.Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner’s knowledge or permission.This simple measure significantly decreases the risk that the gun will be used to commit suicide,homicide,or inflict injury,whether intentionally or unintentionally.Safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored. The need for safe gun storage laws has become more pressing during recent times.According to estimates from a firearms analytics company,Americans bought nearly 17 million guns in 2020, exceeding the highest total amount of firearms purchased in any recorded year.Many of the firearm purchasers were first-time firearm owners.Research demonstrates that the recent spike in demand of firearms is associated with the fears driven by the COVID-19 pandemic and the political turmoil surrounding the 2020 U.S. Presidential Election. Discussion: The proposed ordinance would require firearm owners to store their firearms in residences (subject to specified exemptions) in a locked container or to disable it with a trigger lock. For purposes of this ordinance: ·“Firearm” shall have the same meaning as this term is defined under California Penal Code section 16520. ·“Locked Container” shall have the same meaning as this term is defined under California Penal Code section 16850. ·“Trigger Lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical City of Hermosa Beach Printed on 5/7/2021Page 2 of 4 powered by Legistar™ Staff Report REPORT 21-0271 characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635. ·A “residence” is defined to mean any structure intended or used for human habitation, including but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs. A firearm is not required to be in a locked container or disabled with a trigger lock in a residence, during the following exceptions:(1)when carried on the person;(2)during use for cleaning and maintenance;or (3)during use for lawful self-defense.A violation of the regulations of the proposed ordinance is a misdemeanor punishable as set forth in Section 1.04.020 of the Hermosa Beach Municipal Code. It is important to understand that the proposed ordinance in no way restricts the right to own or store a firearm in a residence in the City of Hermosa Beach.The proposed ordinance merely requires that the firearms be stored in a safe manner in order to reduce both intentional and accidental injury and/or death resulting from these firearms.Firearms can be safely stored in and quickly accessed from affordable,widely available lockboxes.Indeed,users report that they can retrieve a loaded firearm from a pushbutton lockbox in just two or three seconds and that locks are easy to open in the dark.Some lockboxes also feature biometric locks,which provide immediate access when they can scan the owner’s fingerprint. The proposed ordinance is modeled after a similar San Francisco ordinance that was upheld by the Ninth Circuit Court of Appeals.In upholding San Francisco’s ordinance as against a 2nd amendment challenge,the Ninth Circuit recognized that unlike the District of Columbia law invalidated in District of Columbia v.Heller (2008)554 U.S.570,the San Francisco ordinance does not,“[p]revent law abiding citizens from using firearms to defend themselves in the home.”(Id.at 964.)Rather,the ordinance regulates how San Franciscans must store their handguns when not carrying them on their persons.Retrieving a weapon from a locked safe or removing a trigger lock only indirectly burdens the ability to use a handgun because modern gun safes and trigger locks may be opened quickly in case of an emergency. (Id.) According to Giffords Law Center to Prevent Gun Violence, “safe storage” ordinances have been adopted by thirty-eight jurisdictions in the state, including but not limited to the City of Los Angeles, San Diego, Palm Springs, City and County of San Francisco, San Jose, and Oakland. Fiscal Impact: There are no fiscal impacts associated with the proposed ordinance. Attachment: City of Hermosa Beach Printed on 5/7/2021Page 3 of 4 powered by Legistar™ Staff Report REPORT 21-0271 Ordinance No.21-1429 Respectfully Submitted by:Michael Jenkins, City Attorney Legal Review:Michael Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 4 of 4 powered by Legistar™ ORDINANCE NO. 21-1429 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 9.42 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE HERMOSA BEACH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF FIREARMS IN A RESIDENCE The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Findings. A. The Centers for Disease Control and Prevention report that in 2018, there were 39,740 firearm-related deaths in the United States. In 2019, firearms were used in 23,941 suicides in the United States. B. Americans have broad exposure to firearms. According to a 2017 Pew Research Center survey, nearly half of U.S. adults (48%) grew up in a household with firearms. Among Americans who own a gun, nearly two-thirds (66%) say they own more than one firearm, including 29% who own five or more. C. Having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death. According to a 2008 report published in the New England Journal of Medicine, living in a home where guns are kept increased an individual’s risk of death by homicide by between 40% and 170%. Similarly, a 2004 national study determined that the presence of guns in the home increased an individual’s risk of death by homicide by 90%. D. Firearm injuries have a significant public health impact. According to a 2015 study, researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year, including $8.6 billion in direct expenses such as those for emergency and medical care. In California, the direct costs of hospital use for firearm assault injuries alone was estimated at $87.4 million in 2010. 65% of these costs were borne by taxpayers. E. Children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit. Research shows that an estimated 4.6 million American children live in homes with at least one gun that is loaded and unlocked. According to national data, children and young adults (24 years of age and under) constitute 38% of all firearm deaths and non-fatal injuries. More than 75% of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 years of age) were stored in the residence of the victim, a relative, or a friend. 89% of accidental shooting deaths among children occur in the home, and most of these deaths occur when children are playing with an unsecured loaded gun in their parents’ absence. F. There is wide consensus among medical professionals, police chiefs, gun control advocates and gun rights groups that applying trigger locals or using lockboxes to store unsupervised firearms in the home promotes health and safety. G. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where firearms are stored. Keeping a firearm locked when it is not being carried prevents unauthorized users, including children, form accessing and using firearms which can reduce tragedies due to suicide, unintentional discharges and firearm theft. H. The need for safe gun storage laws has become more pressing during recent times. According to estimates from a firearms analytics company, Americans bought nearly 17 million guns in 2020, exceeding the highest total amount of firearms purchased in any recorded year. And many of these purchasers were first- time firearm owners. Research demonstrates that the recent spike in demand of firearms is associated with the fears driven by the COVID -19 pandemic and the political turmoil surrounding the 2020 U.S. Presidential Election. I. Requiring firearms to be stored with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home. The locking requirements apply only to firearms that are not being lawfully carried, and allow gun owners to carry loaded and unlocked firearms in the residence at any time. J. Firearms can be safely stored in and quickly accessed from affordable, widely available lockboxes. Indeed, users report that they can retrieve a loaded firearm from a pushbutton lockbox in just two or three seconds and that locks are easy to open in the dark. Some lockboxes also feature biometric locks, which provide immediate access when they can scan the owner’s fingerprint. K. Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner’s knowledge or permission. This simple measure significantly decreases the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored. Section 2. Chapter 9.42, entitled “Safe Storage of Firearms in a Residence” is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Hermosa Beach Municipal Code to read as follows: CHAPTER 9.42 Safe Storage of Firearms in a Residence 9.42.010 Definitions. 9.42.020 Safe Storage of Firearms in a Residence Required. 9.42.030 Penalty. 9.42.010 Definitions. For the purpose of this chapter, the following words shall have the meaning set forth herein: (a) “Firearm” means a firearm as defined in California Penal Code Section 16520. (b) “Locked Container” means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this chapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag. (c) “Residence” means any structure intended or used for human habitation, including but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs. (d) “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635. 9.42.020 Safe Storage of Firearms in a Residence Required. (a) Except when carried on the person, during use for cleaning and maintenance, or during use for lawful self-defense, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger lock. (b) To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a) of Section 9.42.020. 9.42.030 Penalty. A violation of any provision of this chapter is a misdemeanor, punishable as set forth in Section 1.04.020 of the Hermosa Beach Municipal Code. Section 3. Environmental Review. The City Council finds this ordinance is exempt from the California Environmental Quality Act (“CEQA”) as provided in Section 15061(b)(3) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3). The ordinance is enacted pursuant to the City’ police powers to mitigate activities that threaten the public health, safety and welfare of City residents. Therefore, it can be seen with certainty that adopting this ordinance would not have a significant adverse effect on the environment under CEQA Guideline 15061(b)(3). Section 4. Effective Date. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage Section 5. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this 27th day of April 2021. VOTE: AYES: NOES: ABSTAIN: ABSENT: _________________________________________ MAYOR of the City of Hermosa Beach, California Good ATTEST: APPROVED AS TO FORM: __________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0282 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 CONSIDERATION OF CONFIRMING CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES EXECUTIVE ORDER NO. 2021-13 RELATED TO THE USE OF FACE COVERINGS, 2021-14 TO REOPEN CITY FACILITIES, AND 2021-15 TO PROVIDE RELIEF TO LOCAL BUSINESS ASSOCIATED WITH THE PAYMENT OF CITY BUSINESS TAXES (City Attorney Michael Jenkins) Recommended Action: Staff recommends City Council confirm: 1.City Manager/Director of Emergency Services Order No.2021-13,to terminate and superseded regulations requiring members of the public to wear face coverings to align with the regulations issued by the Los Angeles County Public Health Department (Attachment 1); 2.City Manager/Director of Emergency Services Order No.2021-14,to reopen City facilities to members of the public (Attachment 2); and 3.City Manager/Director of Emergency Services Order No.2021-15,to provide relief to local businesses associated with the payment of City business taxes (Attachment 3). Executive Summary: The COVID-19 pandemic is an unprecedented event.Following the City’s declaration of a local emergency in response to the disease,and pursuant to its police powers and powers afforded to it in time of national,state,county and local emergency,the City has adopted several emergency regulations to protect the peace,health,and safety of the public and to protect life and property as affected by the emergency. Fortunately,recent public health data demonstrates that COVID-19 cases,hospitalizations,and deaths have substantially declined.Further,vaccines proven to help combat the disease are being made available to the public in phases.In light of the foregoing,the State and County have loosened their COVID-19 related restrictions to allow more activities to resume and businesses to reopen under modified requirements. The intent of Executive Orders Nos.2021-13,2021-14,and 2021-15 is to align the City with the State City of Hermosa Beach Printed on 5/7/2021Page 1 of 5 powered by Legistar™ Staff Report REPORT 21-0282 The intent of Executive Orders Nos.2021-13,2021-14,and 2021-15 is to align the City with the State and County’s evolving response to the COVID-19 pandemic,to rescind and supersede emergency regulations that are no longer necessary.or add value and to provide much-needed financial relief to local businesses that are still struggling to financially recover. Background: Updated Regulations Regarding the Use of Face Coverings-Executive Order No. 2021-13 In response to the County Health Officer orders that have progressively allowed outdoor recreation activities to resume and businesses to reopen,the City Manager/Director of Emergency Services issued several executive orders to allow residents to safely engage in these activities subject to restrictions intended to curb the spread of COVID-19.For example,Executive Order No.2020-03 reopened public beaches within the City,but required beachgoers to wear face coverings when out of the water and around others.Similarly,Executive Order No.2020-06 reopened the City Pier subject to modified hours,and required members of the public to wear a face covering.Leading health experts have recognized that face coverings are one of the most effective tools to prevent the spread of COVID-19. On July 2020,the City adopted Urgency Ordinance No.20-1415U that,among other emergency measures,required members of the public to wear face covering both over the nose and mouth whenever they left their place of residence, with limited exceptions. Executive Order Nos.2020-03,2020-06 and Urgency Ordinance No.20-1415U contain the City’s existing face covering regulations,which collectively shall be referred to as the “City Restrictions”for purposes of Order No. 2021-13. On April 27,2021,the Centers for Disease Control (“CDC”)released updated guidance regarding the use of face coverings.The updated guidance provides different recommendations for “Unvaccinated” people-defined by the CDC as those who have yet to receive both doses of the Pfizer or Moderna vaccine or the single dose Johnson &Johnson vaccine and “Fully Vaccinated”people-defined by the CDC as those who have received both doses of the Pfizer or Moderna vaccine or the single dose of Johnson &Johnson vaccine.Both groups,Unvaccinated and Fully Vaccinated,are advised to continue wearing face coverings at crowded outdoor events and in indoor public places,but may choose to not wear a face covering while engaging in outdoor activities and gatherings with Fully Vaccinated persons.Unvaccinated people are still advised to wear a mask when attending outdoor gatherings with Fully Vaccinated and Unvaccinated people and while dining at outdoor restaurants with friends from multiple households. The California Department of Public Health reports that cases continue to decline and more than half of persons in the state aged 16 and up have at least one dose of a COVID-19 vaccine.However,the disease can still spread rapidly through person-to-person contact and among those in close proximity City of Hermosa Beach Printed on 5/7/2021Page 2 of 5 powered by Legistar™ Staff Report REPORT 21-0282 disease can still spread rapidly through person-to-person contact and among those in close proximity to one another.Additionally,more contagious variants are present in the County.Such precautions as face masks and social distancing are thus still very important for curbing the virus’s spread. In alignment with the CDC’s April 27,2021 recommendations,the County Health Officer issued a revised order,effective April 30,2021,which relaxed its face covering requirements depending on a person’s status as Fully Vaccinated (“County Health Order”).Subject to exceptions,the County Health Order allows Fully Vaccinated people to gather or conduct activities outdoors without wearing a mask when alone,when with members of their household,and when with a small group of people who are not Fully Vaccinated and not at high risk for severe illness or death from COVID-19.Fully Vaccinated people must still wear masks at (i)crowded outdoor events;(ii)in crowded spaces where physical distance is not feasible and it is not known if everyone in the space is Fully Vaccinated;(iii) in indoor public settings unless expressly permitted by the County Health Order;(iv)at worksites and businesses;and (v)in any setting where masking is required by the facility operator or business or by the County Health Order or its protocols.Fully Vaccinated people must continue to maintain a distance of six feet from others when leaving one’s place of residence. On April 30,2021,-the City Manager/Director of Emergency Services issued Executive Order No. 2021-13 to adopt the face covering regulations set forth in the County Health Order,as they may be amended from time to time,and terminate and/or supersede any conflicting provisions in the City Restrictions. Reopening City Facilities-Executive Order No. 2021-14 The spread of COVID-19 is an unprecedented event that has required the City to act swiftly to protect the health and well-being of City residents.In order to prevent the community transfer of the disease and in response to State and County Health Officer orders,the City Manager/Director of Emergency Services issued several executive orders.The very first order,Executive Order No.2020-01,required (among other things)the closure of City Hall and City facilities.Executive Order 2020-01 was confirmed by the City Council on April 28, 2020. Since then the State and County’s response to COVID-19 has evolved in response to the prevalence of COVID-19 in its jurisdiction.Recent data demonstrates that cases continue to decline and more than half of persons in the state aged 16 and up have at least one dose of a COVID-19 vaccine. Executive Order No.2021-14 was issued by the City Manager/Director of Emergency Services on May 7,2021 to reopen the following City facilities to members of the public:City Hall which houses the City Manager,City Clerk,Finance Administration and Cashiers,Community Development,Code Enforcement,Building Inspection,Public Works Administration,Human Resources Department and the City’s Community Center as of the dates specified in Order No.2021-14.The aforementioned City facilities shall reopen to members of the public by appointment only subject to the occupancyCity of Hermosa Beach Printed on 5/7/2021Page 3 of 5 powered by Legistar™ Staff Report REPORT 21-0282 City facilities shall reopen to members of the public by appointment only subject to the occupancy limits and other requirements set forth in “Appendix D:Office Based Protocols”of the Los Angeles County Health Officer’s Order (“County Health Officer Order”),as the County Health Officer Order and Appendix D may be updated from time to time. This Order was issued to balance the ability to continue safe and efficient government operations during the global health pandemic.As State and County health orders evolve,the City’s response should also evolve,and emergency orders may be rescinded when they are no longer needed in response to the pandemic. Deferral of City Business Taxes and Eligibility for Tax Credit or Refund-Executive Order No. 2021-15 As a result of state and county stay-at-home orders enacted to curb the spread of COVID-19,some local businesses have completely ceased all business operations since March 16,2020,when these orders were first issued.These businesses have suffered a significant loss of revenue and many may not be able to fully recover.As a result,the City Manager/Director of Emergency Services issued Executive Order No.2020-12 to defer payment of City businesses taxes for businesses that completely ceased their operations from March 16,2020,to March 31,2020,as a result of the COVID-19 pandemic. Although,a growing number of businesses are progressively reopening,businesses are still struggling to financially recover from the forced business closures and modified business operations adopted to mitigate the spread of COVID-19. Executive Order No.2021-15 was issued on May 7,2021 to rescind and supersede Executive Order No.2020-12 to defer payment of City businesses taxes due and payable on and after March 31, 2020,and interest and penalties waived for any business that ceased all business operations since March 16,2020,due to the pandemic,and has been entirely closed and remains closed as due to the COVID-19 pandemic.A business eligible for this deferment and that does not reopen is entitled to and may apply to the City for a pro rata refund of the tax for the period during which the tax was paid and the business was closed.An eligible business that remains closed is entitled to and may apply to the City for a business tax credit that shall be prorated based on the number of months during which the tax was paid and the business was closed as a result of the COVID-19 pandemic.The Order also expands the applicability of the business tax relief measures from those businesses who paid their tax after March 30,2020,to those who paid their tax before March 30,2020,and that completely ceased all business operations after March 16, 2020, a period that was covered by the tax. Deferring the payment of City business taxes and waiving all interest and penalties,and allowing for businesses to apply for a tax credit or refund for periods of closure as a result of the COVID-19 pandemic,would provide much needed financial relief to local businesses that meet the requirements City of Hermosa Beach Printed on 5/7/2021Page 4 of 5 powered by Legistar™ Staff Report REPORT 21-0282 of this Order. The provisions of Executive Order Nos.2021-13,2021-14,and 2021-15 shall continue until the earlier to occur of:(1)the conclusion of the local emergency;(2)its termination is ordered by the City Manager/Director of Emergency Services;or (3)it is duly terminated by the City Council.These Orders may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. Fiscal Impact: The City of Hermosa Beach initially incurs all costs related to the City’s response to the COVID-19 Pandemic,but will submit requests for cost recovery to the California Office of Emergency Services (CalOES) for Federal Emergency Management Agency (FEMA) reimbursement. Attachments: 1.City Manager/Director of Emergency Services Order No.2021-13,to terminate and superseded regulations requiring members of the public to wear face coverings to align with the regulations issued by the Los Angeles County Public Health Department. 2.City Manager/Director of Emergency Services Order No.2021-14,to reopen City facilities to members of the public. 3.City Manager/Director of Emergency Services Order No.2021-15,to provide relief to local businesses associated with the payment of City business taxes. Respectfully Submitted by: Michael Jenkins, City Attorney Legal Review: Michael Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/7/2021Page 5 of 5 powered by Legistar™ Page 1 of 4 Executive Order No. 2021-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF HERMOSA BEACH DIRECTOR OF EMERGENCY SERVICES EXECUTIVE ORDER NO. 2021-13 EMERGENCY EXECUTIVE ORDER OF THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IMPLEMENTING EMERGENCY MEASURES TO TERMINATE AND SUPERSEDE REGULATIONS REQUIRING MEMBERS OF THE PUBLIC TO WEAR FACE COVERINGS TO ALIGN WITH THE REGULATIONS ISSUED BY THE LOS ANGELES COUNTY PUBLIC HEALTH DEPARTMENT SECTION 1. RECITALS A. All of the recitals in Hermosa Beach Director of Emergency Services Executive Order Nos. 2020-01, 2020-02, 2020-03, 2020-04, 2020-05, 2020-06, 2020-07, 2020-08, 2020-09, 2020-10, 2020-11, and 2020-12 remain relevant and are incorporated herein by reference. B. On March 15, 2020, City of Hermosa Beach (“City”) declared a local emergency to ensure an effective City response to a respiratory disease which has been named “COVID-19”. At a special meeting on March 16, 2020, the City Council adopted Resolution No. 20-7230, approving and ratifying the declaration of emergency. C. On March 19, 2020, the Governor of the State of California issued Executive Order N-33-20, an Order of the State Public Health Officer ordering all individuals living in California to stay home or at their place of residence except as needed to maintain the continuity of operations of specified federal critical infrastructure sectors. D. In May 2020, the Los Angeles County Department of Public Health instituted the “Roadmap to Recovery”, a plan setting forth a phased approach for the safe reopening of Los Angeles County. As part of this phased reopening strategy, the County eased health order restrictions on certain activities including in-person faith-based services and retail shopping at limited capacity, allowed specified lower risk businesses to reopen for curbside, door side, outdoor or outside pick- up, partially and conditionally re-opened public beaches and outdoor recreation areas for certain types of outdoor activities. E. On August 28, 2020, the State Health Officer issued an order setting forth a framework more commonly known as the “Blueprint for a Safer Economy” to guide the gradual reopening of businesses and activities in the state while reducing Page 2 of 4 Executive Order No. 2021-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the increased community spread of the disease. Under this framework, every county in California is assigned to a tier based on how prevalent COVID-19 is in each county and the extent of community spread—Purple (Widespread), Red (Substantial), Orange (Moderate) and Yellow (Minimal). The color o f each tier indicates which sectors may reopen and which activities the public may resume. . F. In response to the County Health Officer orders, the City Manager/Director of Emergency Services issued several executive orders to allow residents to safely engage in these activities subject to restrictions intended to curb the spread of COVI-19. For example, Executive Order No. 2020-03 reopened public beaches within the City, but required beachgoers to wear face coverings when out of the water and around others. Similarly, Executive Order No. 2020-06 reopened the City Pier subject to modified hours, and also required members of the public to wear a face covering. Leading health experts have recognized that face coverings are one of the most effective tools to prevent the spread of COVID-19. G. On June 18, 2020, the State Health Officer issued an Order that required Californians, subject to limited exceptions, to wear face coverings when outside the home. In line with the State’s order, the County Health Officer issued a revised order on the same day to require all persons to wear a face covering over both the nose and mouth whenever they leave their place of residence and are, or can be, in contact with or walking near or past others who are non-household members in both public and private places, whether indoors or outdoors. According to State and County Health officials, wearing face coverings reduces the risk of transmission to others who do not have symptoms and do not know that they’re infected. H. On July 2020, the City adopted Urgency Ordinance No. 20-1415U that, among other emergency measures, required members of the public to wear a face covering both over the nose and mouth whenever they left their place of residence, with limited exceptions. I. Executive Order Nos. 2020-03, 2020-06 and Urgency Ordinance No. 20-1415U contain the City’s existing face covering regulations, which collectively shall be referred to as the “City Restrictions” for purposes of this Order. J. On March 12, 2021, the County Department of Public Health issued a revised County Health Officer Order in light of increasing numbers of vaccinated individuals and the County’s move into the Red Tier, effective March 15, 2021. Effective April 5, 2021, the County entered the even less restrictive Orange Tier. K. On April 27, 2021, the Centers for Disease Control (“CDC”) released updated guidance regarding the use of face coverings. The updated guidance provides different recommendations for “Unvaccinated” people–defined by the CDC as those who have yet to receive both doses of the Pfizer or Moderna vaccine or the single dose Johnson & Johnson vaccine and “Fully Vaccinated” people—defined by the CDC as those who have received both doses of the Pfizer or Moderna Page 3 of 4 Executive Order No. 2021-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 vaccine or the single dose of Johnson & Johnson vaccine. Both groups, Unvaccinated and Fully Vaccinated, are advised to continue wearing face coverings at crowded outdoor events, and in indoor public places, but may choose to not wear a face covering while engaging in outdoor activities and gatherings with Fully Vaccinated persons. Unvaccinated people are still advised to wear a mask when attending outdoor gatherings with Fully Vaccinated and Unvaccinated people and while dining at outdoor restaurants with friends from multiple households. L. The California Department of Public Health reports that cases continue to decline and more than half of persons in the state aged 16 and up have at least one dose of a COVID-19 vaccine. However, the disease can still spread rapidly through person-to-person contact and among those in proximity to one another. Additionally, the County’s case rates, hospitalizations, and deaths remain at moderate levels, and more contagious variants are present in the County. Such precautions as face masks and social distancing are thus still very important for curbing the virus’s spread. M. In alignment with the CDC’s April 27th recommendations, the County Health Officer issued a revised order, effective April 30, 2021, which relaxed its face covering requirements depending on a person’s status as Fully Vaccinated (“County Health Order”). Subject to exceptions, the County Health Order allows Fully Vaccinated people to gather or conduct activities outdoors without wearing a mask when alone, when with members of their household, and when with a small group of people who are not Fully Vaccinated and not at high risk for severe illness or death from COVID-19. Fully Vaccinated people must still wear masks at (i) crowded outdoor events, (ii) in crowded spaces where physical distance is not feasible and it is not known if everyone in the space is Fully Vaccinated, (iii) in indoor public settings unless expressly permitted by the County Health Order, (iv) at worksites and businesses; and (v) in any setting where masking is required by the facility operator or business or by the County Health Order or its protocols. Fully Vaccinated people must continue to maintain a distance of six (6) feet from others when leaving one’s place of residence. N. This Order is being issued to modify the City Restrictions to reflect the updated CDC guidance and the changing local conditions, keeping in mind that many have not yet been fully vaccinated and precautions must still be taken to protect the public. The City Manager/Director of Emergency Services finds that the County Health Order achieves that balance. Therefore, it is the intent of this Order to adopt the face covering regulations set forth in the County Health Order, as they may be amended from time to time, and terminate and/or supersede any conflicting provisions in the City Restrictions. O. This Order is adopted pursuant to the City’s police powers and powers afforded to the City in time of national, state, county and local emergency during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law, and Section 2.56.060 of the Hermosa Beach Municipal Page 4 of 4 Executive Order No. 2021-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency. SECTION 2. Pursuant to the authority granted to the City Manager under Section 2.56.060 of the Hermosa Beach Municipal Code (HBMC), the following emergency orders are effective as of the date set forth below: A. The face covering requirements of the Los Angeles County Public Health Order, dated April 29, 2021 and effective April 30, 2021 (“County Health Order”) shall apply to the City and supersede any conflicting provisions relating to face coverings in Urgency Ordinance No. 20-1415U, Executive Order No. 2020-03, and Executive Order No. 2020-06. The County Health Order is attached as Exhibit A to this Order. B. Any subsequent amendments to the face covering requirements set forth in the County Health Order shall apply in the City as of their respective effective dates. SECTION 3. In addition to enforcement remedies available to the City as provided in the Hermosa Beach Municipal Code, Section 2 shall be enforceable by way of imposing an administrative citation pursuant to HBMC Chapter 1.10 upon the date that the City Council confirms this Order. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Order. SECTION 5. Effective Date and Termination. This Order shall become effective immediately and shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. ORDERED by the City Manager/Director of Emergency Service this 30th day of April, 2021. ATTEST: ______________________________ __________________________ Suja Lowenthal, City Manager and Eduardo Sarmiento, City Clerk Director of Emergency Services COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 1 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 REOPENING SAFER AT WORK AND IN THE COMMUNITY FOR CONTROL OF COVID-19 BLUEPRINT FOR A SAFER ECONOMY– ORANGE TIER RISK REDUCTION MEASURES Revised Order Issued: Thursday, April 29, 2021 Effective as of 12:01am on Friday, April 30, 2021 Recent Update (Changes highlighted in yellow): 4/29/2021: •Aligns with the federal Centers for Disease Control and Prevention’s April 27, 2021 Interim Public Health Recommendations for Fully Vaccinated People. •Indoor playgrounds and arcades are permitted to reopen with modifications. Adds Fairs to the protocol for Amusement and Theme Parks. Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by fine, imprisonment, or both. (California Health and Safety Code §120295; Los Angeles County Code § 11.02.080.) SUMMARY OF THE ORDER: This Revised County of Los Angeles Health Officer Order (Order) supersedes all prior Safer At Home orders (Prior Orders) issued by the County of Los Angeles Health Officer (Health Officer). This Order is issued to comply with State Executive Orders N-33-20 and N-60-20 issued by Governor Gavin Newsom, and the accompanying orders of the State Public Health Officer issued on March 19, May 7, July 13, July 17, and August 28, 2020. As Los Angeles County enters the “Orange Tier” (tier 3, moderate virus transmission) of the State’s Blueprint for a Safer Economy framework, the County is amending and lifting some additional local activity-specific and sector-specific restrictions, effective at 12:01am on Friday, April 30, 2021. All activities are still subject to this local Orange Tier Risk Reduction Order and any other Los Angeles County sector-specific reopening protocols and guidance. As certain activities are allowed to resume, the Health Officer continues to urge residents to proceed with caution. COVID-19 case rates, hospitalizations, and deaths remain at moderate levels in Los Angeles County. Vaccinations are occurring as quickly as supplies allow, but most people in our community are still not fully vaccinated. New variants of the virus that may spread more easily or cause more severe illness are present in our county; however, their impact on our local pandemic remains largely unknown. Several other states continue to experience increased case and hospitalization rates. Just because certain activities are allowed or certain reopening protocols are revised, that does not mean that those activities are “safe” and without risk. The purpose of the requirements contained in this Order and related reopening protocols and guidance is to make these activities and sectors safer for workers and the public. But reopening requires that all individuals and businesses use particular care and do their EXHIBIT A COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 2 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 part to make these activities as safe as possible by strictly and consistently wearing masks and following physical distancing requirements and all other business- or activity- specific safety protocols. To keep yourself, your family, your friends and neighbors, and our broader community safe, continue following these core principles and practices: 1. Go outdoors. Outdoor activities are far safer than indoor ones. 2. Stay masked. Consistent and correct use of masks, especially double-masking, both indoors and outdoors, is very effective at preventing the spread of COVID-19. 3. Maintain at least a 6-foot distance from others. Physical distancing from those who do not live with you also helps to keep the virus away. 4. Avoid crowds. The fewer people you encounter and the fewer interactions you have, the smaller the chance the virus will spread. 5. Get vaccinated when it’s your turn. All federally authorized vaccines work well and will help protect you, your family, and your friends against COVID-19. If conditions worsen, strong state or local mandatory measures may again be necessary. The Health Officer strongly urges everyone to continue to exercise great caution and good judgment in these next critical weeks and months to avoid overwhelming our healthcare system with surges in cases, hospitalizations, and deaths like we saw at the end of 2020 and the beginning of 2021. This Order’s primary intent is to reduce the risk of COVID-19 in the County for all. All persons who can telework or work from home should continue to do so as much as possible during this pandemic. This Order allows persons to engage in all permitted activities, as defined by the Order, but requires that persons practice Social (Physical) Distancing, at all times while out in public and wear a mask over both the nose and mouth when in or likely to be in contact with others who do not live in their household, to lower the risks of disease transmission through person-to-person contact for themselves and others. This Order is issued to account for the recent changes in guidance and the State’s Blueprint for a Safer Economy framework. This Order will be revised in the future to reflect the State Executive Orders and State Public Health Officer Orders and guidance that progressively designate sectors, businesses, establishments, or activities that may reopen with certain modifications, based on health and safety needs and at a pace designed to protect health and safety, and that may also progressively close specific activities and business sectors based on increases in daily reported COVID-19 cases, hospitalizations, and the testing positivity rates. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue Orders that are more restrictive than those of the State Public Health Officer. Changes from the previous Order are highlighted. This Order is effective within the County of Los Angeles Public Health Jurisdiction, defined as all cities and unincorporated areas within the County of Los Angeles, with COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 3 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 the exception of the cities of Long Beach and Pasadena that must follow their respective City Health Officer orders and guidance. This Order is effective at 12:01am on Friday, April 30, 2021 and will continue until further notice. UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE COUNTY OF LOS ANGELES HEALTH OFFICER ORDERS: 1. This Order supersedes the Health Officer's Prior Orders. This Order mainly aligns the County with both the Governor's July 13, 2020, announcement requiring the closure or modification of specific activities and business sectors and the State's April 28, 2021 revision to the Blueprint for a Safer Economy framework. The County has moved into the third tier (Orange) of the State’s Blueprint for a Safer Economy, which indicates moderate virus transmission. Community transmission of COVID-19, even as daily case counts have decreased and appear to be remaining stable, is at a moderate level within the County. The Health Officer will continue to assess the phased reopening allowed by the State Public Health Officer and this Order on an ongoing basis and determine, after consultation with the Board of Supervisors, whether this Order needs to be modified if the public health risk associated with COVID-19 increases in the future. 2. This Order’s intent is to continue to reduce the risk of COVID-19 in the County. All persons who can telework or work from home should continue to do so as much as possible during this pandemic. Sustained Social (Physical) Distancing, COVID-19 vaccinations, and infection control measures will continue slowing the spread of COVID-19 and diminishing its impact on the delivery of critical healthcare services. All provisions of this Order must be interpreted to effectuate that intent. Failure to comply with any of the Order’s provisions constitutes an imminent threat and menace to public health, and a public nuisance, and is punishable by fine, imprisonment or both. a) This Order does not supersede any stricter limitation imposed by a local public entity within the County of Los Angeles Public Health Jurisdiction. b) The Order is consistent with the provisions in the Governor’s Executive Order N-60-20 and the State Public Health Officer’s August 28, 2020 Order, that local health jurisdictions may implement or continue more restrictive public health measures if the jurisdiction’s Local Health Officer determines that health conditions in that jurisdiction warrant such measures. Where a conflict exists between this Order and any State public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls, unless the County of Los Angeles is subject to a court order requiring it to act on, or enjoining it from enforcing, any part of this Order. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 4 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 3. All persons living within the County of Los Angeles Public Health Jurisdiction should continue to practice Social (Physical) Distancing and COVID-19 infection control measures at all times and when among other persons when in community, work, social or school settings. 4. Nothing in this Order prohibits persons living together as a single household in a household or living unit (“household”) from engaging in permitted activities together. For purposes of this Order, and in relationship to private gatherings, a “household” shall not include institutional group living situations such as dormitories, fraternities, sororities, monasteries, convents, or residential care facilities, nor does it include such commercial group living arrangements as boarding houses, hotels, or motels.1 Private gatherings are defined as informal social situations that bring together people from different “households” at the same time in a single space or place. When people from different “households” mix, the risk of COVID-19 transmission increases. Visits or small private gatherings with people who are not part of a single household or living unit must comply with the Los Angeles County Public Health Guidance for Informal Social Gatherings which is attached to this Order as Appendix CC. a) [Intentionally omitted] b) People leaving their residences must continue to strictly comply with the Social (Physical) Distancing requirements stated in this Order and specified in guidance or protocols established by the County Department of Public Health. This Order, beginning June 19, 2020, requires all persons wear a mask over both the nose and mouth whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private places, whether indoors or outdoors. This includes wearing a mask when patronizing a business, except where explicitly permitted differently. Persons engaging in social activities in public settings must also continue to follow these requirements, including avoiding crowds, avoiding poorly ventilated spaces, covering coughs and sneezes, and w ashing their hands or using hand sanitizer frequently. Wearing a mask reduces the risk of transmission to others from people who do not have symptoms and do not know they are infected. Wearing a mask protects others as well as you. Masks work best when everyone wears one. c) Fully vaccinated people2 engaging in social activities in public settings must also continue to follow the above requirements, including avoiding crowds, avoiding poorly ventilated spaces, covering coughs and sneezes, and washing their ha nds or using hand sanitizer frequently. In alignment with the Centers for Disease Control and Prevention’s April 27, 2021 Interim Public Health Recommendations for Fully Vaccinated People, except in crowded settings and venues, fully vaccinated people may gather or conduct activities outdoors without wearing a 1 Los Angeles County Code, Title 22. §22.14.060 - F. Family definition. (Ord. 2019-0004 § 1, 2019.) https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT22PLZO_DIV2DE_CH22.14DE_22.14. 060F 2 People are considered “fully vaccinated” for COVID-19 2 weeks or more after they have received the second dose in a 2-dose series (e.g., Pfizer-BioNTech or Moderna) or 2 weeks or more after they have received a single-dose vaccine (e.g., Johnson and Johnson [J&J]/Janssen). COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 5 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 mask when alone, when with members of their household, when with a small group of fully vaccinated people, and when with a small group of people who are not fully vaccinated and not at high risk for severe illness or death from COVID- 19. Fully vaccinated people must wear a mask i) at crowded outdoor events, such as live entertainment/performances, parades, or sporting events, among others, ii) in crowded spaces where physical distancing cannot be maintained and it is not known if everyone in the space is fully vaccinated, iii) in indoor public settings, unless expressly permitted by this Order, iv) at worksites and businesses, and v) in any setting where masking is required by the facility operator or business or by this Order or its associated protocols. d) Persons and businesses within the County of Los Angeles Public Health Jurisdiction are required to follow the COVID-19 infection control protocols and guidance provided by the County Department of Public Health. In instances where the County has not provided a specific guidance or protocol, specific guidance or protocols established by the State Public Health Officer shall control. i. In the event that an owner, manager, or operator of any business knows of three (3) or more cases of COVID-19 among their employees within a span of 14 days, the employer must report this outbreak to the Department of Public Health at (888) 397-3993 or (213) 240-7821, or online at www.redcap.link/covidreport. ii. In the event that an owner, manager, or operator of any business is informed that one or more employees, assigned or contracted workers, or volunteers of the business has tested positive for, or has symptoms consistent with COVID-19 (case), the employer must have a protocol to require the case(s) to isolate themselves at home and require the immediate self-quarantine of all employees that had a workplace exposure to the case(s). e) Pursuant to the State of California’s action3 and the United States District Court Central District of California’s order,4 jurisdictions within the County of Los Angeles Public Health Jurisdiction are expected to comply with the provision of hotel and motel rooms for vulnerable people experiencing homelessness through Project Roomkey, which slows the spread of COVID-19 and retains capacity of the healthcare system. 5. People at risk for severe illness or death from COVID-19—such as unvaccinated older adults and unvaccinated individuals with health risks—and members of their household should defer participating at this time in activities with other people outside their household where taking protective measures of wearing face masks and social distancing may be difficult, especially indoors or in crowded spaces. 3 Office of Governor Gavin Newsom, Action re: Project Roomkey, 4/3/2020, https://www.gov.ca.gov/2020/04/03/at-newly-converted- motel-governor-newsom-launches-project-roomkey-a-first-in-the-nation-initiative-to-secure-hotel-motel-rooms-to-protect-homeless- individuals-from-covid-19/; 2020-21 May Revision to the Governor’s Budget, Project Roomkey, pg. 78-79 4 Order re: Preliminary Injunction (Case No. LA CV 20-02291-DOC-KES), LA Alliance for Human Rights et al v. City of Los Angeles et al, States District Court Central District of California, 5/15/2020. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 6 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 6. All government agencies working in the course and scope of their public service employment are Essential Government Functions. a) All government employees are essential, including but not limited to, health care providers and emergency responders including employees who serve in the following areas: law enforcement; emergency services and management; first responders; fire; search and rescue; juvenile detention; corrections; healthcare services and operations; public health; laboratory or medical testing; mental health; community health; public works; executive management employees serving in these fields; all employees assigned to serve in or support the foregoing fields; and all employees whose services are otherwise needed to assist in a declared emergency. b) While all government employees are essential, the employees identified here, and others called to serve in their Disaster Service Worker capacity, must be available to serve the public or assist in response or continuity of operations efforts during this health crisis to the maximum extent allowed under the law. c) This Order does not, in any way, restrict (a) first responder access to the site(s) named in this Order during an emergency or (b) local, state or federal officers, investigators, or medical or law enforcement personnel from carrying out their lawful duties at the site(s) named in this Order. d) All persons who perform Essential Governmental Functions are categorically exempt from this Order while performing such governmental functions or services. Each governmental entity shall identify and designate appropriate employees, volunteers, or contractors to continue providing and carrying out any Essential Governmental Functions. All Essential Governmental Functions should be performed in compliance with the Social (Physical) Distancing Protocol (as defined in Paragraph 20 of this Order), to the extent possible. 7. This Order does not supersede any stricter limitation imposed by a local public entity within the County of Los Angeles Public Health Jurisdiction. 8. The Health Officer orders the closure of the following types of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur: a) Lounges and nightclubs; b) [Intentionally omitted]; c) [Intentionally omitted]; d) [Intentionally omitted]; e) [Intentionally omitted]; f) [Intentionally omitted]; g) [Intentionally omitted]; h) [Intentionally omitted]; i) [Intentionally omitted]; COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 7 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 j) Indoor hot tubs, steam rooms and saunas not located on a residential property; k) All events and gatherings, unless specifically allowed by this Order. 9. All businesses, unless specific modifications are required by this Order, may remain open to the public and conduct normal business operations, provided that they implement and maintain the Social (Physical) Distancing Protocol as defined in Paragraph 20 and comply with the Social (Physical) Distancing requirements attached to this Order as Appendix A. Further, all businesses must also comply with the applicable Los Angeles County Department of Public Health Protocol(s) for its business sector. Businesses and customers should continue to regularly check the County DPH website (http://publichealth.lacounty.gov/media/Coronavirus/index.htm) for updates to their sector-specific protocol(s) to ensure they are in compliance with the most current, required safety modifications. A business owner, manager, or operator must prepare and post a Social (Physical) Distancing Protocol and any other applicable protocol for each facility or office located within the County of Los Angeles Public Health Jurisdiction and must ensure that the business meets all other requirements of all applicable protocols and the Social (Physical) Distancing Protocol. The State Public Health Officer has provided a framework for certain sectors, businesses, and activities in the Blueprint for a Safer Economy to conditionally reopen with workplace and operational modifications to lower the risk of COVID-19 spread in the workplace or during the activity. The Health Officer, after considering local epidemiological data and after consultation with the Board of Supervisors, continues to approve the operations of the following specific sectors, businesses, and activities subject to the following conditions listed below and those specified in the County sector-specific reopening protocol(s) located at http://publichealth.lacounty.gov/media/Coronavirus/index.htm : a) Music, film and television production. Operations for music, film and television production may continue. The owner, manager, or operator of music, film and television production must review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Music, Film and Television Production, attached to this Order as Appendix J, as well as abide by applicable industry-generated protocols. b) Day camps. Day camps may remain open. Day camp owners and operators must implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Day Camps, attached to this Order as Appendix K. c) Fitness facilities. Fitness facilities, including private gymnasiums, may be open for outdoor and limited capacity indoor operations only. The indoor occupancy at gyms and fitness facilities is limited to 25% of indoor occupancy. The owner, manager, or operator of fitness facilities must, prior to reopening for indoor operations, review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Gyms and Fitness Establishments, attached to this Order as Appendix L. d) Outdoor portions of museums, galleries, botanical gardens, and outdoor facilities at zoos, aquariums, and other similar exhibition spaces (collectively, "Museums") 9.5. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 8 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 may remain open to the public. The indoor portions of Museums may open to the public and are limited to 50% of indoor occupancy. The owner, manager, or operator of Museums and exhibition spaces must, prior to reopening for indoor operations, review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Museums, Galleries, Zoos, and Aquariums, attached to this Order as Appendix M. e) Professional sports with live audiences. Professional sports teams and franchises may conduct operations and competitions with live audiences. Professional sports teams that admit the public as a live audience for any outdoor game, event or competition, must review and implement the Los Angeles County Department of Public Health Protocol for Live Events and Performances (Outdoor Seated), attached to this Order as Appendix Z. Professional sports teams that admit the public as a live audience for any indoor game, event or competition, must review and implement the Los Angeles County Department of Public Health Protocol for Live Events and Performances (Indoor Seated), attached to this Order as Appendix Z-1. The owner, manager, or operator of professional sports teams and franchises must also implement and post the required Los Angeles County Department of Public Health Protocol for Professional Sports Leagues and Facilities Opening for Training Sessions, Spectator-Free Events, and Events with Spectators attached to this Order as Appendix N, as well as abide by applicable industry-generated protocols. f) Campgrounds, RV Parks and associated outdoor activities. Campgrounds and recreational vehicle parks may remain open. The owner, manager, or operator of campgrounds and RV Parks must review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Campgrounds, RV parks and Cabin Rental Units, attached to this Order as Appendix O. g) Schools (K-12) and School Districts. All public and private schools (K-12) and school districts within the County of Los Angeles may open for in-person classes. Reopening of in-person classes in elementary schools requires that students be assigned to a stable group. Middle and high schools should consider creating stable groups of students as a best practice. Educational facilities serving students at any grade level must review and adhere to all provisions for safe opening of schools, as outlined in Appendix T1: Reopening Protocols for K-12 Schools. Schools and School Districts that are permitted to reopen must follow the Reopening Protocols for K-12 Schools and the Protocol for COVID -19 Exposure Management Plan in K-12 Schools, attached to this Order as Appendices T1 & T2. Schools may continue to offer day care for school-aged children so that essential members of the workforce continue to have available childcare. Schools offering day care for school-aged children must adhere to all provisions in the protocol for Programs Pro viding Day Care for School-Aged Children. Schools that have not yet fully reopened all grades for in-person instruction may continue to offer specialized school services in those grades not yet reopened for small, stable cohorts of students with Individualized Education Programs (IEPs) or English Learners (ELs) needing assessments and/or specialized in school services, with priority given to students with d isabilities. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 9 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 Other prioritized groups for in-person support and services include students not participating in distance learning, students at risk of abuse or neglect, foster youth, and students experiencing homelessness. Specialized services that require cohorting of students must limit the stable cohort size to the number that allows minimum physical distancing requirements to be maintained in the available classroom space, but may not exceed thirty (30) students and two (2) supervising adults regardless of the space available and must adhere to all provisions for safe operation of schools, as outlined in Appendix T1: Reopening Protocols for K-12 Schools. h) Personal Care Establishments. Personal Care Establishments may remain open for indoor operations with required modifications. Personal Care Establishments also include hair salons, nail salons, barbershops, esthetic, skin care, electrology, body art professionals, tattoo parlors, and piercing shops , tanning salons and massage therapy (in non-healthcare settings). Indoor occupancy at Personal Care Establishments is limited to 75% of maximum capacity at all times. Services at Personal Care Establishments may only be provided by appointment. Customers and staff must keep their masks on, over both their nose and mouth, at all times. Services that require a customer/client to remove their mask, e.g., facials, shaves, electrolysis are permitted when staff uses either a fitted N95 mask or a face covering and a face shield when providing the service. The owner, manager or operator of a personal care establishment must review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Personal Care Establishments, attached to this Order as Appendix R. i) Institutes of Higher Education. Colleges and universities in Los Angeles County may offer in-person academic instruction with limitations and modifications. Capacity for indoor lectures must be limited to 50% occupancy or 200 people, whichever is less. Courses conducted in certain indoor settings, like labs or studio arts, are exempt from the occupancy limitations that apply to indoor lectures. Maximum capacity for those settings is dependent on the size of the instructional space and the ability to maintain appropriate physical distancing at all times between all students and staff. Academic instruction should continue to be offered synchronously via distance-learning to the extent practicable as specified in the County's Protocols for Institutes of Higher Educatio n attached to this Order as Appendix U. Student activities should be conducted virtually when possible. Student activities held in person must be limited to gatherings of 25% capacity or 100 students, whichever is smaller, for an outdoor space; or 25% capacity or 50 students, whichever is smaller, for an indoor space. Faculty and other staff may come to campus for the purpose of providing distance learning, and other activities related to the purposes above, as well as maintaining minimum basic operations. The institution must review and comply with all relevant portions of the County's Protocols for Institutes of Higher Education to maximize safety for all employees. a. Institutes of Higher Education that have intercollegiate athletic teams that admit the public as a live audience for any outdoor game, event or competition, must review and implement the Los Angeles County COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 10 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 Department of Public Health Protocol for Live Events and Performances (Outdoor Seated), attached to this Order as Appendix Z. b. Institutes of Higher Education that have intercollegiate athletic teams that admit the public as a live audience for any indoor game, event or competition, must review and implement the Los Angeles County Department of Public Health Protocol for Indoor Seated Live Events and Performances, attached to this Order as Appendix Z-1. j) Cardrooms. Cardrooms, satellite wagering facilities, and racetrack onsite waging facilities may open for indoor and outdoor operations. Indoor occupancy is limited to 25% of maximum indoor capacity. No food or beverages are permitted at or near the gaming tables or machines. The owner or operator of a cardroom must review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Cardrooms attached to this Order as Appendix Q. k) Family Entertainment Centers: Miniature Golf, Batting Cages, and Go Cart Racing. Miniature Golf, Batting Cages, and Go Cart Racing may open for indoor operations. Indoor occupancy is limited to 25% of maximum indoor capacity. The indoor portions of these businesses may be open with modifications for active entertainment, such as, bowling alleys, arcades, batting cages, indoor playgrounds (bounce centers/ball pits/laser tag), and escape rooms. Food and beverages may not be consumed while participating in any family entertainment center activity. All Family Entertainment Center restaurants are limited to 25% indoor capacity and must review and adhere to the requirements of Appendix I. Members of the public may only consume food or beverages in designated indoor or outdoor dining areas. The owner or operator of a family entertainment establishment must review, prepare, implement and post the required Los Angeles Public Health Protocols for Family Entertainment Centers attached to this Order as Appendix V. l) Youth and Adult Recreational Sports. K-12 School programs, community sponsored recreational programs, and private clubs and leagues for all organized youth sports, and adults playing recreational sports must all follow this protocol, which is attached to this Order as Appendix S. m) Limited Services. For purposes of this Order, Limited Services businesses are businesses that are not clearly classified as a retail business, and do not generally require close customer contact. Limited services include those essential and other businesses that can provide services while maintaining appropriate physical distancing from customers or the public. Examples of businesses in the limited services industry include laundromats, dry cleaners, bank and credit union branches, tax services, check cashing, automobile dealerships, non-school learning centers, auto repair shops, car washes, landscapers, door to door services and sales, pet grooming, and dog walking. Limited services businesses may remain open at 75% maximum indoor occupancy, to ensure 6 feet of physical distancing between persons. The owner or operator of a Limited Services business must prepare, implement, and post the required Los Angeles County Public Health Protocols for Limited Services Businesses which is attached to this Order as Appendix W. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 11 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 n) Movie Theaters. Movie Theaters may be open to the public at 50% of maximum indoor occupancy or 200 people, whichever is fewer. Customers may only purchase tickets for reserved seating only. Groups of customers must be seated in the theater at least 6 feet away from other customers. The owner or operator of a Movie Theater must prepare, implement, and post the required Los Angeles County Public Health Protocols for Movie Theaters which is attached to this Order as Appendix X. o) Breweries, Wineries and Craft Distilleries. Wineries, Breweries and Craft Distilleries that do not possess a public health permit from the County of Los Angeles may operate both outdoors and indoors in compliance with Appendix Y. Wineries, Breweries, and Craft Distilleries may operate indoors at 25% of maximum indoor capacity, or 100 people whichever is fewer. If the establishment sells alcohol in the same transaction as a bona fide meal, it must comply with all requirements of the Restaurant Protocol, Appendix I. p) Amusement Parks, Theme Parks and Fairs. Amusement Parks, Theme Parks and Fairs can reopen to the public at a maximum occupancy of 25% of maximum park capacity. For indoor attractions or rides, the indoor occupancy is limited to 25% of the indoor space capacity with a 15-minute occupancy time limit. Indoor dining at Amusement Park, Theme Park, and Fair restaurants is limited to 25% of maximum occupancy. Amusement Parks, Theme Parks and Fairs must, prior to reopening, have their reopening plans approved by the Los Angeles County Department of Public Health. The reopening plans must be submitted to County Public Health using this email address: EHmail@ph.lacounty.gov. The owner or operator of an Amusement or Theme Park must prepare, implement, and post the required Los Angeles County Public Health Protocols for Amusement and Theme Parks which is attached to this Order as Appendix AA. q) Bars that possess a low risk public health permit issued by the County of Los Angeles may reopen for outdoor operations only with modifications in compliance with Appendix Y-1. If the Bar sells alcohol in the same transaction as a bona fide meal, it must comply with all requirements for outdoor dining in the Restaurant Protocol, Appendix I. Indoor operations are not permitted at this time. The owner or operator of a bar must prepare, implement, and post the required Los Angeles County Public Health Protocols for Bars which is attached to this Order as Appendix Y-1. r) Outdoor Seated Live Events and Performances. Outdoor Seated Live Events can reopen to the public at a maximum of 33% maximum outdoor occupancy with multiple required modifications. Outdoor Seated Live Event operators must prepare, implement and post the required Los Angeles County Public Health Protocol for Live Events and Performances (Outdoor Seated) which is attached to this Order as Appendix Z. s) Indoor Seated Live Events and Performances. Indoor Seated Live Events can reopen to the public at limited indoor occupancy with multiple required modifications. Outdoor Seated Live Event operators must prepare, implement and post the required Los Angeles County Public Health Protocol for Live Events and Performances (Indoor Seated) which is attached to this Order as Appendix Z-1. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 12 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 t) Private Events (Meetings / Receptions / Conferences). Private Events are not open to the general public. Private Events are characterized by purchased tickets, required reservations or a defined guest/invitation list, assigned or reserved seating, or a contract or exchange for the site of the Private Event. Private Event operators and Event Organizers must prepare, implement and post the required Los Angeles County Pub lic Health Protocol for Private Events (Meetings, Receptions, and Conferences) which is attached to this Order as Appendix BB. 10. Lower-Risk Businesses are businesses that are not specified in Paragraph 7 of this Order, and not defined as an Essential Business in Paragraph 18 of this Order. There are four categories of Lower-Risk Businesses that may remain open under this Order: (1) retailers (“Lower-Risk Retail Businesses”), (2) manufacturing and logistics sector businesses that supply Lower-Risk Retail Businesses, (3) Office-based businesses (although telework is strongly encouraged), and (4) Indoor Malls and Shopping Centers. These four categories of Lower-Risk Businesses may reopen subject to the following conditions: a) For any Lower-Risk Retail Business that sells goods and services, the owner, manager, or operator must, for each facility located within the County of Los Angeles Public Health Jurisdiction, review, prepare, implement and post the Reopening Protocols for Retail Establishments: Opening for In Person Shopping, attached to this Order as Appendix B. Lower-Risk Retail Businesses that are open for indoor operations must limit indoor capacity to 75% of maximum occupancy. b) For any non-retail Lower-Risk Business, that is a manufacturing and logistics sector business that supplies Lower-Risk Retail Businesses, the owner, manager, or operator must review, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol, applicable to the business type or location, attached to this Order as Appendix C. c) Office-based businesses and workspaces may reopen for indoor operations with modifications. Telework is strongly encouraged for persons who are not yet fully vaccinated. Unless staff at office-based business are all fully vaccinated, office- based businesses should limit indoor occupancy to 50% of capacity. Any in- person operations must be in accordance with the required Los Angeles County Department of Public Health Reopening Protocol Office-Based Worksites, attached to this Order as Appendix D. Essential office-based businesses that must open indoors for essential operations that cannot be done remotely must limit indoor capacity to 75% of maximum occupancy. This restriction does not apply to Healthcare Operations, Essential Infrastructure, and Essential Government Functions. d) For Indoor Malls and Shopping Centers, defined as: A building with (7) or more sales or retail establishments with adjoining indoor space, the owner or operator of the Indoor Mall or Shopping Center, including indoor swap meets, may remain open at up to 75% of overall mall or shopping center capacity. Food court occupancy is limited to 50% capacity, or 200 people whichever is fewer. All Mall and Shopping Center restaurants must review and adhere to the requirements of COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 13 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 Appendix I. Members of the public may only consume food or beverages in designated indoor or outdoor dining areas. Other common areas located within an Indoor Mall or Shopping Center must remain closed to the public until further notice. Higher-risk businesses located within an Indoor Mall or Shopping Center must continue to comply with Paragraph 7 of this Order and remain closed until each of those types of establishments is allowed to resume modified or full operations. All businesses located within an Indoor Mall or Shopping Center, and not subject to Paragraph 7 of this Order, must adhere to the applicable requirements of this Order. The owner or operator of the Indoor Mall or Shopping Center must review, prepare, implement, and post the required Los Angeles County Department of Public Health Protocols for Shopping Center Operators, attached to this Order as Appendix E. REASONS FOR THE ORDER 11. This Order is based upon the following determinations: evidence of continued community transmission of COVID-19 within the County; asymptomatic transmission has been documented; scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; evidence that a significant portion of the County population is at risk for serious health complications, including hospitalizations and death from COVID- 19, due to age or pre-existing health conditions; and further evidence that other County residents, including younger and otherwise healthy people, are also at risk for serious negative health outcomes and for transmitting the virus to others. The Order’s intent is to protect the public from the spread of COVID-19. 12. Existing community transmission of COVID-19 in Los Angeles County remains at a moderate level and continues to present a substantial and significant risk of harm to residents’ health. Vaccinations are occurring as quickly as supplies allow, but most people in our community are still not vaccinated. New variants of the virus that may spread more easily or cause more severe illness are present in our county; however, their impact on our local epidemic is largely unknown. As of April 29, 2021, there have been at least 1,232,727 cases of COVID-19 and 23,872 deaths reported in Los Angeles County. There remains a strong likelihood that increased interactions among members of the public will result in a significant and increasing number of cases of community transmission. Making the community transmission problem worse, some individuals who contract the virus causing COVID-19 have no symptoms or have only mild symptoms, and so are unaware that they carry the virus and are transmitting it to others. Further, evidence shows that the virus can, at times, survive for several hours on surfaces and can be indirectly transmitted between individuals. Because even people without symptoms can transmit the virus, and because evidence shows the infection is easily spread, preventing, limiting, and placing conditions on various types of gatherings and other direct and indirect interpersonal interactions have been proven to reduce the risk of transmitting the virus. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 14 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 13. Epidemiologic evidence suggests that the rate of community transmission, hospitalizations and testing positivity rates have substantially declined to a point that allows the County of Los Angeles to move to a less restrictive tier, the Orange Tier, as established by the State’s Blueprint for a Safer Economy. Unfortunately, COVID- 19 transmission remains at a moderate level in Los Angeles County. Although nearly five million vaccine doses have been administered in Los Angeles County, the public health emergency and attendant risks to the public 's health associated with COVID- 19 still predominate. 14. In line with the State Public Health Officer, the Health Officer is monitoring several key indicators (COVID-19 Indicators) within the County. Activities and business operations that are permitted must be conducted in accordance with the required Social (Physical) Distancing, reopening protocols, and other infection control protocols ordered by the Health Officer. 15. The Health Officer will continue monitoring COVID-19 Indicators to assess the impact of easing restrictions and re-opening sectors. Those Indicators include, but are not limited to: a) The number of new cases, hospitalizations and deaths and the testing positivity rate. b) The capacity of hospitals and the healthcare system in the County, including acute care beds, Intensive Care Unit beds, and ventilators to provide care for existing COVID-19 patients and other patients, and capacity to surge with an increase of COVID-19 cases. c) The supply of personal protective equipment (PPE) available for hospital staff, nursing home staff and other healthcare providers and personnel who need PPE to safely respond to and treat COVID-19 patients and other patients. d) The ability and capacity to quickly and accurately test persons to determine whether individuals are COVID-19 positive, especially those in vulnerable populations or high-risk settings or occupations, and to identify and assess outbreaks. e) The ability to conduct case investigation and contact tracing for the volume of future cases and associated contacts, isolating confirmed cases and quarantining persons who have had contact with confirmed cases. DEFINITIONS AND EXEMPTIONS 16. The following activities are permitted under this Order: a) Engaging in activities or performing tasks important to the health and safety of family or household members (including pets), such as, visiting a health or veterinary care professional, obtaining medical supplies or medication, visiting a physician or child's pediatrician for routine care, such as, well-child visits and vaccinations; COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 15 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 b) Obtaining necessary services and supplies for family or household members, or delivering the same, such as, obtaining grocery items or necessary supplies from Essential Businesses for one’s household or for delivery to others; c) Performing work for or accessing businesses that are open, or to carry out Minimum Basic Operations for businesses that are closed or operating remotely. d) Obtaining or accessing services from Essential Governmental Functions, such as, accessing court, social and administrative services, or complying with an order of law enforcement or court; e) Caring for minors, the elderly, dependents, persons with disabilities, or other vulnerable persons; f) Obtaining in-person behavioral health (mental health and substance use) therapeutic and educational support groups, such as Alcoholics or Narcotics Anonymous or Patient Education groups, may return to typical participant levels provided that Social (Physical) Distancing is practiced in compliance with Appendix A. g) Obtaining in-person faith-based counselling services where the service cannot reasonably be practiced remotely, provided that Social (Physical) Distancing is practiced. h) Attending faith-based services. Places of Worship should engage in outdoor or remote faith-based services and other related activities for all attendees, especially for those who are vulnerable to COVID-19 including older adults and those with co-morbidities given the currently substantial rate of community transmission, hospitalizations, and premature deaths associated with COVID-19. If drive-in outdoor services are offered, cars are directed to park at least 6 feet apart. When carrying out virtual activities indoors, it is recommended that no more than 10 individuals participate in production and broadcast process; anyone participating in production and broadcast must follow infecti on control and physical distancing requirements. If in-person outdoor services are held, the number of persons on-site outdoors at any time shall be reduced as needed to permit compliance with physical distancing requirements. If in-person indoor services are held, the number of persons in attendance indoors should be limited to 50% of the maximum occupancy, based on the applicable Building Code or Fire Code. All persons attending either indoo r or outdoor services must comply with the infection control and physical distancing requirements, as specified in Social (Physical) Distancing Protocol (Appendix A), including but not limited to, clergy, staff, choir, volunteers, attendees, and any visito rs at the facility maintaining a minimum of six feet between others from different households and all must wear a face covering or mask over both the nose and mouth at all times while in or on the grounds of the facility and when walking near or past non - household members, among others. The California Department of Public Health advises that “activities such as singing, and chanting negate the risk -reduction achieved through six feet of physical distancing” due to an increased likelihood for transmission from contaminated exhaled droplets. Consider practicing these activities through alternative methods (such as internet streaming) that ensure individual congregation members perform these activities separately in their own COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 16 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 homes or alone in a separate room a t the Place of Worship. Please review the State Industry Guidance for Places of Worship and Providers of Religious Services and Cultural Ceremonies here. The Centers for Disease Control and Prevention recommends organizations encourage guests to avoid singing, chanting, or shouting, especially when indoors. If attendees choose to sing, chant, or shout, encourage them to continue wearing their masks while doing so and increase the distance between people to greater than 6 feet. Faith-based organizations holding in-person services, must review and follow the Department of Public Health Social (Physical) Distancing Protocols, attached to this Order as Appendix A. i) Engaging in outdoor recreation activity, in compliance with Social (Physical) Distancing requirements and wearing a mask, subject to the following limitations: i. Outdoor recreation activity at parks, trails, piers, and beaches, and other open spaces must comply with any access or use restrictions separately established by the Health Officer, government, or other entity that manages the area to reduce crowding and the risk of COVID-19 transmission. ii. Use of shared outdoor facilities for recreational activities, including but not limited to golf courses, tennis and pickleball courts, children's playgrounds, shooting and archery ranges, equestrian centers, model airplane areas, community gardens, skate parks, and bike parks, must comply with any access or use restrictions separately established by the Health Officer, government, or other entity that manages the area to reduce crowding and the risk of COVID-19 transmission. iii. Local public entities may elect to temporarily close certain streets or areas to automobile traffic, to allow for increased space for persons to engage in recreational activity permitted by and in compliance with Social (Physical) Distancing requirements specified in this Order. iv. Swimming pools and splash pads in any non-residential setting may reopen on June 12, 2020, with the owner, manager, or operator of the swimming pool or splash pad implementing and posting the required Los Angeles County Department of Public Health Protocol for Swimming Pools. All indoor hot tubs, saunas, and steam rooms located on non-residential property remain closed. v. For-hire fishing, guided fishing, or small-group chartered boat trips may resume operating on June 12, 2020, with the owner, manager, or operator of the charter business implementing the required Los Angeles County Department of Public Health Protocols for Small Water Vessel Charters. j) Participating in a Vehicle-Based Parade. The host of the Vehicle-Based Parade must comply with all local ordinances, traffic control requirements, and state and local laws. Further, the host of Vehicle-Based Parades must submit a safety plan 10 days in advance to ehmail@ph.lacounty.gov and comply with the Los Angeles County Department of Public Health Vehicle-Based Parade Protocol, attached to this Order as Appendix G. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 17 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 k) Participating in an in-person protest as long as the protest is held outdoors. Outdoor protests are permitted without a limit on attendees. Persons participating in a protest must wear a mask and maintain physical distancing of six (6) feet between persons or groups of persons from different households at all times, as well as observe the Department of Public Health Protocol for Public Demonstrations. 17. Individuals may work for, train for, volunteer at, or obtain services at Healthcare Operations: hospitals, clinics, laboratories, dentists, optometrists, pharmacies, physical therapists, rehabilitation and physical wellness programs, chiropractors, pharmaceutical and biotechnology companies, other licensed healthcare facilities, healthcare suppliers, home healthcare service providers, mental or behavioral health providers, alcohol and drug treatment providers, cannabis dispensaries with a medicinal cannabis license and all other required state and local licenses, blood and blood product donation organizations, medical or scientific research companies, or any related and/or ancillary healthcare services, manufacturers, distributors and servicers of medical devices, diagnostics, and equipment, veterinary care, and other animal healthcare. This exemption shall be construed to avoid any impact to the delivery of healthcare, broadly defined. 18. Individuals may provide any service, train for, or perform any work necessary to the operation and maintenance of Essential Infrastructure, which is defined as, public health operations, public works construction, airport operations, port operations, food supply, water, sewer, gas, electrical, oil extraction and refining, roads and highways, public transportation, solid waste collection, removal and processing, flood control and watershed protection, cemeteries, mortuaries, crematoriums, and internet and telecommunications systems (including the provision of essential global, national, local infrastructure for computing services, business infrastructure, communications, and web-based services), and manufacturing and distribution companies deemed essential as part of the Essential Infrastructure supply chain, provided that they carry out those services or that work. In providing these services, training for, or performing this work, individuals must comply with Social (Physical) Distancing requirements to the extent practicable. 19. For purposes of this Order, Essential Businesses are: a) Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, warehouse sto res, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruit and vegetables, pet supply, water, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning or personal care products). This includes stores that sell groceries and other non-grocery products, such as products necessary to maintaining the safety, sanitation, and essential operation of residences. Occupancy at stand-alone grocery stores remains limited to comply with the continuing requirement that customers must have sufficient space to remain physically distanced by at least 6 feet at all times. All grocery stores and retail food markets should strictly meter entry and exits to ensure compliance with customer distancing requirements. The sale of food, beverages, and alcohol for in - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 18 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 store consumption is prohibited. Retail food markets, including but not limited to grocery stores, convenience stores, liquor stores and other retail locations that sell food or beverage products and that are required to have a health permit issued by the Department of Public Health as a Food Market Retail, must review and comply with the Los Angeles County Department of Public Health Protocols for Grocery Stores and Retail Food Markets, attached to this Order as Appendix B-1; b) Food processors, confectioners, food packagers, food testing labs that are not open to the public, and food cultivation, including farming, livestock, and fishing; c) Organizations and businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including gang prevention and intervention, domestic violence, and homeless service agencies); d) Newspapers, television news, radio, magazine, podcast and journalism activities, including taped, digitally recorded or online-streamed content of any sort that is produced by one or more members of a single household, within the household’s residence and without the physical presence of any non-member of the household; e) Gas stations, auto-supply, mobile auto repair operations, auto repair shops (including, without limitation, auto repair shops adjacent to or otherwise in connection with a retail or used auto dealership), and bicycle repair shops and related facilities; f) Banks, credit unions, financial institutions and insurance companies; g) Hardware stores, nurseries; building supply stores; h) Plumbers, electricians, exterminators, custodial/janitorial workers, handym an services, funeral homes and morticians, moving services, HVAC installers, carpenters, vegetation services, tree maintenance, landscapers, gardeners, property managers, private security personnel and other service providers who provide services to maintain the safety, sanitation, and essential operation to properties and other Essential Businesses; i) Businesses providing mailing and shipping services, including post office boxes; j) Educational institutions (including public and private K-12 schools, colleges, and universities); k) Laundromats, dry cleaners, and laundry service providers. Limited services businesses may remain open at 75% maximum indoor occupancy, with specific modifications listed in Appendix W; l) Restaurants and other food facilities that prepare and serve food . Restaurants open for delivery, drive thru, carry out, outdoor dining, and indoor dining at 50% of maximum indoor capacity or 200 persons, whichever is fewer, with specific modifications for both outdoor and indoor dining listed in Appendix I. Restaurants with a moderate risk or high risk restaurant permit issued by the County of Los Angeles Department of Public Health and other food facilities must review and follow the most current County Protocols for Restaurants, attached to this Order as Appendix I. Cafeterias, commissaries, and restaurants located within hospitals, COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 19 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 nursing homes, or other licensed health care facilities may provide dine -in service, as long as Social (Physical) Distancing is practiced; m) Businesses that supply office or computer products needed by people who work from home; n) Businesses that supply other Essential Businesses with the support or supplies necessary to operate; o) Non-manufacturing, transportation or distribution businesses that ship, truck, transport, or provide logistical support to deliver groceries, food, goods or services directly to residences, Essential Businesses, Healthcare Operations, and Essential Infrastructure. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts; p) Airlines, taxis, ride sharing services and other private transportation providers providing transportation services necessary for activities of daily living and other purposes expressly authorized in this Order; q) Businesses that manufacture parts and provide necessary service for Essential Infrastructure; r) Home-based care for seniors, adults, disabled persons, or children; s) Residential facilities and shelters for homeless residents, disabled persons, seniors, adults, children and animals; t) Professional services, such as legal, payroll or acco unting services, when necessary to assist in compliance with legally mandated activities, and the permitting, inspection, construction, transfer and recording of ownership of housing, including residential and commercial real estate and anything incidental thereto, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in-person visits are not allowed when the occupant is still residing in the residence); u) Childcare facilities. All childcare facilities, including those operating at schools, must operate under the LAC DPH Childcare Guidance and the following conditions: (1) Childcare must be carried out in stable cohorts (“stable" means the same children and adults are in the same group each day); (2) Cohort size is limited to the number that allows adherence to the minimum physical distancing requirements between members of the group within the available licensed space. At no time may cohort size exceed the maximum number of children permitted per licensed space by Community Care Licensing (CCL) and facility shall comply at all times with minimum staff to child ratios set by CCL; (3) Children shall not change from one group to another; (4) If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other; (5) Childcare providers shall not be assigned to more than two different stable cohorts of children; COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 20 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 v) Hotels, motels, shared rental units and similar facilities. Hotels, motels, shared rental units and similar facilities may reopen for tourism and individual travel, in adherence with the required Los Angeles County Department of Public Health Reopening Protocol for Hotels, Lodging and Short-Term Rentals, attached to this Order as Appendix P. Hotels and similar facilities may hold or host Private Events in compliance with the County Protocol for Private Events (Meetings, Receptions, and Conferences) attached to this Order as Appendix BB; w) Construction, which includes the operation, inspection, and maintenance of construction sites and construction projects for construction of commercial, office and institutional buildings, residential and housing construction; x) [Intentionally omitted]. 20. For purposes of this Order, "Social (Physical) Distancing" means: (1) Maintaining at least six (6) feet of physical distance from individuals who are not members of the same household; (2) Frequently washing hands with soap and water for at least 20 seconds, or using hand sanitizer that contains at least 60% alcohol; (3) Wearing a mask when whenever an individual leaves their home or place of residence, and when an individual is or can be in contact with or walking by or past others who are non - household members in both public and private places, whether indoors or outdoors. Wearing a mask over both the nose and mouth reduces the risk of transmission to others from people who do not have symptoms and do not know they are infected ; and (4) Avoiding all physical interaction outside the household when sick with a fever or cough, except for necessary medical care. 21. For purposes of this Order, the "Social (Physical) Distancing Protocol" that must be implemented and posted must demonstrate how the following infection control measures are being implemented and achieved, as applicable: a) Limiting the number of people who may enter into the facility at any one time to ensure that people in the facility can easily maintain a minimum six (6) foot physical distance from others, at all times, except as required to complete a business activity or transaction. Members of a single household or living unit may stand or move together but must be separated from others by a physical distance of at least six (6) feet. b) Where lines may form at a facility, marking six (6) foot increments at a minimum, establishing where individuals should stand to maintain adequate Social (Physical) Distancing, whether inside or outside the facility. c) Providing hand sanitizer, soap and water, or effective dis infectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees, and in locations where there is high-frequency employee interaction with members of the public (e.g., cashiers). Restrooms normally open to the public shall remain open to the public. d) Posting a sign in a conspicuous place at all public entries that instructs the public not to enter if they are experiencing symptoms of respiratory illness, including fever or cough, to wear masks, and to maintain Social (Physical) Distancing from one another. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 21 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 e) Providing for the regular disinfection of high-touch surfaces, and disinfection of all payment portals, pens, and styluses after each use. All businesses are encouraged to also offer touchless payment mechanisms, if feasible. f) Providing masks to employees and contracted workers whose duties require close contact with other employees and/or the public. Those who have been instructed by their medical provider that they should not wear a mask should wear a face shield with a drape on the bottom edge, to be in compliance with State directives, as long as their condition permits it. A drape that is form fitting under the chin is preferred. Masks with one-way valves should not be used. g) Requiring that members of the public who enter the facility wear a mask over both the nose and mouth, which reduces the risk of “asymptomatic” or “pre- symptomatic” transmission to workers and others, during their time in the facility. h) Adhering to communicable disease control protocols provided by the Los Angeles County Department of Public Health, including requirements for cleaning and disinfecting the site. See protocols posted at www.publichealth.lacounty.gov/media/Coronavirus/. 22. Operators of businesses that are required to cease in-person operations may conduct Minimum Basic Operations, which means: a) The minimum necessary activities to maintain and protect the value of the business's inventory and facilities; ensure security, safety, and sanitation; and process payroll and employee benefits; b) The minimum necessary activities to facilitate the business’s owners, employees, and contractors being able to continue to work remotely from their residences, and to ensure that the business can deliver its services remotely. ADDITIONAL TERMS 23. The County shall promptly provide copies of this Order by: (a) posting it on the Los Angeles Department of Public Health’s website (www.publichealth.lacounty.gov), (b) posting it at the Kenneth Hahn Hall of Administration located at 500 West Temple Street, Los Angeles, CA 90012, (c) providing it to any member of the public requesting a copy, and (d) issuing a press release to publicize the Order throughout the County. a) The owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public requesting a copy. b) Because guidance may change, the owner, manager, or operator of any facility that is subject to this Order is ordered to consult the Los Angeles County Department of Public Health’s website (www.publichealth.lacounty.gov) daily to identify any modifications to the Order and is required to comply with any updates until the Order is terminated. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 22 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 24. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jur isdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. 25. This Order incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local and public health emergency issued by the Los Angeles County Board of Supervisors and Los Angeles County Health Officer, respectively, and as they may be supplemented. 26. This Order is issued in consideration of the County's current status within the tiered reopening approach of California's Blueprint for a Safer Economy issued August 28, 2020, and subsequent updates. This Order may be revised in the future as the State Public Health Officer progressively designates sectors, businesses, establishments, or activities for reopening with required modifications or closure at a pace designed to protect health and safety. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue orders that are more restrictive than the guidance and orders issued by the State Public Health Officer. 27. This Order is consistent with the provisions in the Governor’s Executive Order N-60-20 and the State Public Health Officer’s May 7, 2020 Order, that local health jurisdictions may implement or continue more restrictive public health measu res in the jurisdiction if the local health officer believes conditions in that jurisdiction warrant them. Where a conflict exists between this Order and any state public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080, except where the State Health Officer may issue an order expressly directed at this Order or a provision of this Order and based upon a finding that a provision of this Order constitutes a menace to the public health, any more restrictive measures in this Order may continue to apply and control in the County of Los Angeles Public Health Jurisdiction. 28. Pursuant to Sections 26602 and 41601 of the California Government Code and Section 101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff and all chiefs of police in all citie s located in the Los Angeles County Public Health Jurisdiction ensure compliance with and enforcement of this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 23 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 29. This Order shall become effective at 12:01am on Friday, April 30, 2021 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer. IT IS SO ORDERED: 4/29/2021 Muntu Davis, M.D., M.P.H. Health Officer, County of Los Angeles Date COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 24 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 Appendices At-A-Glance Businesses and customers should continue reviewing sector-specific protocol on a regular basis to ensure they are complying with the latest health protection and prevention measures. All DPH protocol is available at: http://www.publichealth.lacounty.gov/media/Coronavirus/ Appendix A: Protocol for Social Distancing [Revised 4/30/2021] Appendix B: Protocols for Retail Establishments Opening for In-person Shopping [Revised 4/15/2021] Appendix B-1: Protocols for Grocery Stores and Retail Food Markets [Revised 4/2/2021] Appendix C: Reopening Protocol for Warehousing, Manufacturing and Logistic Establishments [Revised 2/5/2021] Appendix D: Protocols for Office-Based Worksites [Revised 4/2/2021] Appendix E: Protocols for Shopping Center Operators [Revised 4/2/2021] Appendix F: [Rescinded on 12/29/2020] Appendix G: Protocol for Vehicle-Based Parades [Revised 10/13/2020] Appendix H: [Rescinded and Incorporated into Appendix R on 10/23/2020] Appendix I: Protocol for Restaurants [Revised 4/21/2021] Appendix J: Reopening Protocol for Music, Film, and Television Production [Revised 4/24/2021] Appendix K: Reopening Protocol for Day Camps [Revised 4/29/2021] Appendix L: Reopening Protocol for Gyms and Fitness Establishments [Revised 4/30/2021] Appendix M: Reopening Protocol for Museums, Galleries, Zoos, and Aquariums [Revised 4/22/2021] Appendix N: Protocol for Professional Sports Leagues and Facilities Opening for Training Sessions, Spectator-Free Events, and Events with Spectators [Revised 12/12/2020] Appendix O: Reopening Protocol for Campgrounds, RV parks and Cabin Rental Units [Revised 1/28/2021] Appendix P: Reopening Protocol for Hotels, Lodging, and Short-Term Rentals [Revised 4/22/2021] Appendix Q: Reopening Protocol for Cardrooms [Revised 4/22/2021] Appendix R: Reopening Protocol for Personal Care Establishments [Revised 4/2/2021] --continued on next page— COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER Reopening Safer at Work and in the Community for Control of COVID-19: Page 25 of 25 Blueprint for a Safer Economy—Orange Tier Risk Reduction Measures Revised 4/29/2021 Appendix S: Protocols for Youth and Adult Recreational Sports [Revised 4/2/2021] Appendix T1: Reopening Protocols for K-12 Schools [Revised 4/28/2021] Appendix T2: Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised 3/11/2021] Appendix U: Reopening Protocol for Institutes of Higher Education [Revised 4/2/2021] Appendix V: Protocols for Family Entertainment Centers [Revised 4/30/2021] Appendix W: Protocols for Limited Services Businesses [Revised 4/2/2021] Appendix X: Protocols for Movie Theaters [Revised 4/17/2021] Appendix Y: Protocol for Breweries, Wineries, and Craft Distilleries [Revised 4/30/2021] Appendix Y-1: Reopening Protocol for Bars [Revised 4/30/2021] Appendix Z: Protocol for Live Events and Performances (Outdoor Seated) [Revised 4/22/2021] Appendix Z-1: Protocol for Live Events and Performances (Indoor Seated) [Issued 4/22/2021] Appendix AA: Protocol for Amusement Parks, Theme Parks, and Fairs Reopening for Outdoor Public Access [Revised 4/22/2021] Appendix BB: Protocol for Private Events (Meetings, Receptions, and Conferences) [Revised 4/28/2021] Appendix CC: Guidance for Informal Social Gatherings [Issued 4/14/2021] 65270.00001\33923103.1 Executive Order No. 2021-14 CITY OF HERMOSA BEACH DIRECTOR OF EMERGENCY SERVICES EXECUTIVE ORDER NO. 2021-14 EMERGENCY EXECUTIVE ORDER OF THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IMPLEMENTING EMERGENCY MEASURES TO REOPEN SAID CITY FACILITIES TO MEMBERS OF THE PUBLIC Section 1. Recitals A. All of the recitals in Hermosa Beach Director of Emergency Services Executive Order Nos. 2020-01, 2020-02, 2020-03, 2020-04, 2020-05, 2020-06, 2020-07, 2020- 08, 2020-09, 2020-10, 2020-11, 2020-12, and 2021-13 remain in effect and incorporated herein by reference. B. On March 15, 2020, City of Hermosa Beach (“City”) declared a local emergency to ensure an effective City response to a respiratory disease which has been named “COVID-19”. At a special meeting on March 16, 2020, the City Council adopted Resolution No. 20-7230, approving and ratifying the declaration of emergency. C. On March 19, 2020, the Governor of the State of California, issued Executive Order N-33-20, an Order of the State Public Health Officer ordering all individuals living in California to stay home or at their place of residence except as needed to maintain continuity of operations of outlined federal critical infrastructure sectors. D. The spread of COVID-19 is an unprecedented event that has required the City to act swiftly to protect the health and well-being of City residents. In order to prevent the community transfer of the disease and in response to State and County Health Officer orders, the City Manager/Director of Emergency Services issued several executive orders. The very first order, Executive Order No. 2020-01, required (among other things) the closure of City Hall and City facilities. Executive Order 2020-01 was confirmed by the City Council on April 28, 2021. E. Since then, the City’s response to COVID-19 has evolved in response to the prevalence of COVID-19 in the community and in accordance with State and County Health Officer orders. F. In May 2020, the County of Los Angeles established a roadmap to recovery from the coronavirus pandemic which included a phased approach for the safe reopening of Los Angeles County. As part of this phased reopening strategy, the County eased health order restrictions on certain activities including in-person faith-based services and retail shopping at limited capacity, allowed specified lower risk businesses to reopen for curbside, door side, outdoor or outside pick-up, partially and conditionally re-opened public beaches and outdoor recreation areas for certain types of outdoor activities. 65270.00001\33923103.1 Executive Order No. 2021-14 G. On August 28, 2020, the State Health Officer issued a new order that set forth a framework intended to guide the gradual reopening of businesses and activities in the state while reducing the increased community spread of the disease. The framework is entitled, “California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe”. Under this framework, every county in California is assigned to a tier based on how prevalent COVID-19 is in each county and the extent of community spread—Purple (Widespread), Red (Substantial), Orange (Moderate) and Yellow (Minimal). The color of each respective tier indicates what sectors may reopen. H. On March 12, 2021, the County Department of Health issued a revised County Health Officer Order in light of increasing numbers of vaccinated individuals and the County’s move into the Red Tier, effective March 15, 2021. On April 2, 2021, the County entered the even less restrictive Orange Tier. As of May 4, 2021, the County is in the Yellow Tier—the lease restrictive tier. I. The California Department of Public Health reports that cases continue to decline and more than half of persons in the state aged 16 and up have at least one dose of a COVID-19 vaccine. However, the disease can still spread rapidly through person-to- person contact and among those in proximity to one another. Additionally, more contagious variants are present in the County. Thus, precautions such as social distancing measures and the use of face coverings are still very important for curbing the virus’s spread. J. This Order is issued pursuant to the City’s police powers and powers afforded to the City in time of national, state, county and local emergency during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law, and the Section 2.56.060 of the Hermosa Beach Municipal Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency. This Order is issued to balance the ability to continue safe and efficient government operations during the global health pandemic. As the health orders evolve, the City’s response should also evolve and emergency orders may be rescinded when they are no longer needed in response to the pandemic Section 2. The City Manager/Director of Emergency Services hereby enacts the following emergency measures: A. Section 2(1) of Executive Order No. 2020-01 with respect to City facilities is hereby rescinded. B. Section 2(3) Executive Order No. 2020-01 is hereby rescinded. C. Commencing May 17, 2021, the following City facilities shall reopen to members of the public by appointment only subject to the occupancy limits and other requirements set forth in “Appendix D: Office Based Protocols” of the Los Angeles 65270.00001\33923103.1 Executive Order No. 2021-14 County Health Officer’s Order (“County Health Officer Order”), as the County Health Officer Order and Appendix D may be updated from time to time: a. City Hall which houses the following City Departments: City Manager, City Clerk, Finance Administration and Cashiers, Community Development, Code Enforcement, Building Inspection, Public Works Administration and the Human Resources Department. D. Commencing on July 1, 2021, the City’s Community Center shall reopen to members of the public by appointment only subject to Appendix D of the County Health Order, as the County Health Officer Order and Appendix D may be updated from time to time. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Order. Section 4. Effective Date and Termination. This Order shall become effective immediatel y and shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. ORDERED by the City Manager/Director of Emergency Service this __th day of May 2021. Suja Lowenthal, City Manager and Director of Emergency Services City of Hermosa Beach ATTEST: Eduardo Sarmiento City Clerk Executive Order No. 2021-15 CITY OF HERMOSA BEACH DIRECTOR OF EMERGENCY SERVICES EXECUTIVE ORDER NO. 2021-15 EMERGENCY EXECUTIVE ORDER OF THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF HERMOSA BEACH, TO PROVIDE RELIEF TO LOCAL BUSINESSES ASSOCIATED WITH THE PAYMENT OF CITY BUSINESS TAXES Section 1. Recitals A. All of the recitals in Hermosa Beach Director of Emergency Services Executive Order Nos. 2020-01, 2020-02, 2020-03, 2020-04, 2020-05, 2020-06, 2020-07, 2020-08, 2020-09, 2020-10, 2020-11, 2020-12, 2021-13 and 2021-14 remain in effect and incorporated herein by reference. B. On March 15, 2020, the City of Hermosa Beach (“City”) declared a local emergency to ensure an effective City response to a respiratory disease which has been named “COVID - 19”. At a special meeting on March 16, 2020, the City Council adopted Resolution No. 20- 7230, approving and ratifying the declaration of emergency. C. On March 19, 2020, the Governor of the State of California, issued Executive Order N-33- 20, an Order of the State Public Health Officer ordering all individuals living in California to stay home or at their place of residence except as needed to maintain continuity of operations of outlined federal critical infrastructure sectors. D. Evidence in late April and early May demonstrated that state and local orders slowed the increase of community transfer of the disease by limiting interactions amongst people. As a result, on May 7, 2020, Governor Newsom, announced a four-staged framework, titled “Resilience Roadmap” that was intended to guide the state’s gradual modification of its Safer at Home Order to reopen California. The state also issued industry specific guidance to help specified businesses reopen under new restrictions, which require businesses to, among other things, implement social distancing measures. E. In line with the State’s health guidance, the Los Angeles County Public Health Officer issued a revised order on May 13, 2020 entitled “Continuation of Safer at Home Order that begins to move the County of Los Angeles into Stage 2 of the County’s Roadmap to Recovery,” that authorized some limited retail and outdoor recreation venues to reopen subject to among other things, social distancing measures to prevent the further spread of COVID-19. Since that time, the order was periodically updated to continue to allow the gradual reopening of additional sectors including bars, hair salons, personal care services, gyms and fitness facilities subject to social distancing measures. F. Guided by the County Health Officer’s Orders permitting the gradual reopening of establishments, the City adopted the following measures to assist in the economic recovery Executive Order No. 2021-15 of local businesses: (1) Executive Order No. 2020-05 to establish a “Temporary Permit Program” to allow restaurants and food establishments to set up temporary outdoor dining areas on public and private properties; (2) Executive Order No. 2020-08 to permit bars, wineries, breweries wine tasting rooms, and food facilities to reopen subject to the County Health Department’s industry-specific re-opening protocols; (3) Urgency Ordinance No 20-1415U to temporarily suspend specified Hermosa Beach Municipal Code Sections regarding uses permitted within commercial zones, off-street parking requirements for commercial and business uses within commercial zones, to allow specified businesses to operate outdoors and to allow home occupations to continue to operate and pursue their livelihoods without maintaining a physical office location as required under the Zoning Code; (4) Executive Order No. 2020-11 to implement temporary lane closures on Hermosa Ave. to facilitate outdoor recreation and to allow for any commercial purpose that would require a temporary permit for outdoor dining/seating and outdoor retail display; and (5) Executive Order No. 2020-12 to temporarily defer payment of City business taxes for certain businesses. G. Effective August 31, 2020, Governor Newsom’s “Blueprint for a Safer Economy” replaced the County Data Monitoring List that had been used to regulate permitted activities at the county level. Under the new framework, every county is assigned to a tier based on its COVID-19 adjusted case rate and test positivity from the last two weeks. Counties can progress through four tiers, ranging from “widespread” (Purple Tier 1) to “minimal” (Yellow Tier 4) community disease transmission. As of May 4, 2021, the County is in Tier 4—Yellow, the least restrictive tier. H. Recent County public health data demonstrates that the rate of COVID-19 community transmission, hospitalizations and testing positivity rates have substantially declined. Additionally, there now exists several COVID-19 vaccines proven to help combat the disease and that are being made available to the public in phases. As a result, state and local health orders have loosened COVID-19 related restrictions to allow a growing number of establishments to resume operations. I. For example, on January 25, 2021, the California Department of Public Health ended the Regional Stay at Home Order, lifting the order for all regions statewide, including Southern California, which Hermosa Beach was a part of. This action allowed all counties to return to the Blueprint for a Safer Economy framework which uses color-coded tiers to indicate which activities and businesses can open based on local case rates and test positivity. Under this order, specified businesses are permitted to remain open to the public and conduct normal business operations provided that it abide by the County’s Social (Physical) Distancing Protocol and County Health Department Protocol applicable for its business sector, as these protocols may be amended from time to time. Other businesses are permitted to open at limited capacity or with operating restrictions. J. On March 12, 2021, the County Department of Public Health issued a revised County Health Officer Order in light of increasing numbers of vaccinated individuals and the County’s move into the Red Tier, effective March 15, 2021. On April 2, 2021, the County entered the even less restrictive Orange Tier of the State’s Blueprint for a Safer Economy Executive Order No. 2021-15 framework. Under the County Public Health Officer’s revised order issued on this date, capacity limits for specified establishments, including but not limited to restaurants, breweries and wineries, fitness facilities, cardrooms and places of worship were increased subject to the County’s Social (Physical) Distancing Protocol and the County Health Department Protocol applicable for its business sector. Additional activities and businesses are anticipated to reopen in light of the County’s recent move to Tier 4—Yellow. K. This Order is necessary to mitigate the economic hardship local businesses have endured as a result of the pandemic. Deferring the payment of City busin ess taxes and waiving all interest and penalties, and allowing for businesses to apply for a tax credit or refund for periods of closure as a result of the COVID-19 pandemic, would provide much needed financial relief to local businesses that meet the requirements of this Order. L. This Order is adopted pursuant to the City’s police powers and powers afforded to the City in time of national, state, county and local emergency during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law, and the Section 2.56.060 of the Hermosa Beach Municipal Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency. Section 2. Pursuant to authority granted to the City Manager/Director of Emergency Services under Section 2.56.060 of the Hermosa Beach Municipal Code (HBMC), the following emergency orders are issued: A. City Manager Executive Order. No. 2020-12 is hereby rescinded and superseded. B. The provisions of HBMC Sections 5.04.190, 5.04.200 and 5.04.240 regarding City business taxes are hereby temporarily suspended to the extent they conflict with this Order, to allow for the implementation of the following: 1. The business tax due and payable on and after March 31, 2020 shall be deferred and interest and penalties waived for any business that ceased all business operations after March 16, 2020 and has been entirely closed and remains closed as of the date of this Order due to the COVID-19 pandemic. 2. A business that paid business tax due on a business license with an expiration date of March 31, 2020 or later, and that ceased all business operations after March 16, 2020 due to the COVID-19 pandemic, and does not re-open, is entitled to and may apply to the City for a pro rata refund of the tax for the period during which the tax was paid and the business was closed. 3. A business that paid business tax due on a business license with an expiration date of March 31, 2020, or later, and that ceased all business operations after March 16, 2020 due to the COVID-19 pandemic, and resumes business operations, is entitled to and may apply to the City for a business tax credit that shall be prorated based on the number of months during which the tax was paid and the business was closed as a result of the COVID-19 pandemic. Executive Order No. 2021-15 4. In order to be eligible for the refund or business tax credit pursuant to this Order, the business owner must sign a statement under penalty of perjury that provides dates of closure supported by documentation of the closure satisfactory to the City. If the foregoing statement is found to be untrue, the business shall not be entitled to a refund or business tax credit, and any past due business tax including penalties and interest, shall become payable immediately. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Order. Section 4. Effective Date and Termination. This Order shall become effective immediately and shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. Section 5. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. ORDERED by the City Manager/Director of Emergency Service this __th day of May 2021. Suja Lowenthal, City Manager and Director of Emergency Services City of Hermosa Beach ATTEST: Eduardo Sarmiento City Clerk City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 21-0276 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 13, 2021 APPROVAL OF FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA TO EXTEND THE AGREEMENT BY ONE YEAR, THROUGH 2022, AS A RESULT OF THE COVID-19 PANDEMIC (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council approve the proposed first amendment to an agreement with the Hermosa Beach Chamber of Commerce to provide Fiesta Hermosa events to extend the agreement by one year, through 2022, as a result of the COVID-19 pandemic. Background: Fiesta de las Artes began in 1968 as a one-day Labor Day event on what is now Pier Plaza.This event has evolved over the last 50 years to a bi-annual event held on Saturday,Sunday,and Monday of each Memorial Day and Labor Day weekend.Since 1972,the City has executed successive agreements with the Chamber of Commerce (Chamber) to produce Fiesta Hermosa. At the regular meeting on February 12,2019,the City Council approved a three-year agreement with the Chamber to provide Fiesta Hermosa events through 2021 (Attachment 1).As a result of the COVID-19 pandemic,the Fiestas of Memorial Day 2020,Labor Day 2020,and Memorial Day 2021 were cancelled.Due to the cancellations,staff recommends approval of a one-year extension of the agreement to the end of 2022. Discussion: Considering the impact that the COVID-19 pandemic had on the community events,the proposed first amendment would allow the Chamber to hold the bi-annual Fiesta Hermosa through 2022. The proposed one-year extension to account for lost events during the pandemic is consistent with extensions processed for other community and fundraising events.All other terms and conditions would remain as stated in the original agreement.Included as Attachment 2 is the proposed first amendment to the agreement with the Chamber to provide Fiesta Hermosa events. City of Hermosa Beach Printed on 5/7/2021Page 1 of 3 powered by Legistar™ Staff Report REPORT 21-0276 It is likely that the upcoming Fiesta Hermosa events would be reduced in scale or otherwise modified based on changing protocols for large gatherings.Per the terms of the agreement,City staff would discuss any proposed changes with the Chamber prior to approval. City staff and the Chamber of Commerce are mindful of community interest in exploring ways to ensure a local art and business focus in future Fiesta Hermosa events.The proposed one-year extension would allow proper time for to discuss changes in event programmingion.At its regular meeting on December 17,2019,the City Council retired the Fiesta Hermosa Subcommittee.If so desired,the City Council could re-engage this Subcommittee in anticipation of contract expiration in 2022. Past Council Actions Meeting Date Description February 12, 2019 Approval of Three-Year Agreement Between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce for Fiesta Hermosa Events <https://hermosabeach.legistar.com/LegislationDetail.aspx? ID=3857071&GUID=EA35FCFA-D73A-4D8A-ABE5- D42084FD76B0> General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policies: ·1.6 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 City of Hermosa Beach Printed on 5/7/2021Page 2 of 3 powered by Legistar™ Staff Report REPORT 21-0276 ·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. Fiscal Impact: Event fees for 2021 and 2022 would include direct costs associated with the necessary use of staff and other city resources based on details of each proposed event and a flat fee per vendor in lieu of individual vendors obtaining business licenses..Event revenue for 2021 and 2022 would be based on the terms included in the original agreement,but may be lower than previous years if the event scale is reduced.The City will reimburse the Chamber for costs associated with the shuttle bus program at a not-to-exceed amount of $35,000 from Proposition A funds. Attachments: 1.Agreement with the Hermosa Beach Chamber of Commerce 2. First Amendment to Agreement with the Hermosa Beach Chamber of Commerce Respectfully Submitted by: Angela Crespi, Deputy City 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 5/7/2021Page 3 of 3 powered by Legistar™ FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE FIESTAS HERMOSA ("First Amendment") is made and entered into this 13th day of May 2021, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Hermosa Beach Chamber of Commerce ("CHAMBER"). RECITALS A. City entered into an agreement with Chamber to provide Fiesta Hermosa ("Agreement") for a term of three years during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021. B. As a result of the COVID-19 pandemic, the Fiestas of Memorial Day 2020, Labor Day 2020, and Memorial Day 2021 were cancelled and therefore, the parties mutually desire to extend the agreement for an additional year to provide for two Fiestas in 2022. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Section 1.a is amended to read as follows: a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of the Memorial Day and Labor Day Weekends in 2019, Labor Day Weekend only in 2021, and Memorial Day and Labor Day Weekends in 2022. The Fiestas shall be held in a location as mutually agreed upon between the CITY and CHAMBER. Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. HERMOSA BEACH CHAMBER OF COMMERCE ______________________, President CITY OF HERMOSA BEACH By CITY MANAGER, Suja Lowenthal ATTEST: CITY CLERK, Eduardo Sarmiento City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 21-0280 Honorable Mayor and Members of the Hermosa Beach City Council Adjourned Regular Meeting of May 13, 2021 TENTATIVE FUTURE AGENDA ITEMS Attached is the current list of tentative future agenda items for Council’s information. Attachments: Tentative Future Agenda Items City of Hermosa Beach Printed on 5/7/2021Page 1 of 1 powered by Legistar™ May 5, 2021 Honorable Mayor and Members Adjourned Regular Meeting of of the Hermosa Beach City Council May 13, 2021 TENTATIVE FUTURE AGENDA ITEMS MAY 25, 2021 @ 5:00 PM INITIAL DATE CLOSED SESSION MAY 25, 2021 @ 6:00 PM PRESENTATIONS COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT SOUTHERN CALIFORNIA EDISON ANNUAL RELIABILITY REPORT PROCLAMATION DECLARING JUNE 2021 AS PRIDE MONTH IN HERMOSA BEACH CITY MANAGER REPORTS COVID-19 Update Update from Chief LeBaron on enforcement measures CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates 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 Comprehensive Annual Financial Report Finance Director Annual 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 Public Works Commission meeting of March 17, 2021 Public Works Director Ongoing Hermosa Beach Landscaping and Street Lighting District 2021–2022 adoption of Resolutions regarding the Engineer’s Report and setting June 22, 2021 for a Public Hearing Public Works Director Annual Recommendation to receive and file the action minutes of the Planning Commission meeting of May 18, 2021 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing 1602 Loma Drive Final Map Community Development Director Staff Request May 5, 2021 Approval of the Commencement of Special Event Long Term Agreement Negotiations with the International Surf Festival Held North and South of the Pier Interim Community Resources Manager Staff Request Mar. 31, 2021 South Bay Workforce Investment Board Quarterly Summary Chris Cagle Quarterly Consideration of Arakelian Enterprises (Athens Services) request for an annual rate adjustment to the maximum rates for solid waste management services Environmental Programs Manager Staff Request Apr. 12, 2021 Resolution of the City Council of the City of Hermosa Beach Approving the Grant of Funds from the State Coastal Conservancy for Hermosa Beach Parking Lot Greening Project Environmental Programs Manager Staff Request Apr. 12, 2021 2 MAY 25, 2021 @ 6:00 PM - CONTINUED PUBLIC HEARINGS – 6:30 PM Approval of DB Events (Volleyball Tournaments) to the 2021 Special Events Calendar Interim Community Resources Manager Staff Request Mar. 31, 2021 H2O Hotel Lounge Conditional Use Permit (CUP) 20-8 Amendment Reconsideration Community Development Director Council Direction Apr. 27, 2021 Downtown Ordinance Community Development Director/Police Chief Staff Request Apr. 7, 2021 Mandatory Organics Recycling Ordinance Environmental Programs Manager Staff Request Jan 11, 2021 MUNICIPAL MATTERS Participation in Beach Cities Transit (BCT) Line 109 Agreement, with no required financial contribution from the City for Fiscal Year 2021–2022, with the Cities of El Segundo, Manhattan Beach and Redondo Beach, funded from Proposition A Funds Community Development Director Annual Award of Construction Contract for CIP 186 And CIP 190—Street Improvements, Various Location Public Works Director Staff Request Apr. 22, 2021 FUTURE AGENDA ITEMS Tentative Future Agenda Items City Manager Ongoing WEDNESDAY, MAY 26, 2021 @ 6:00 PM FISCAL YEAR 2021–22 BUDGET STUDY SESSION 3 JUNE 8, 2021 @ 5:00 PM INITIAL DATE CLOSED SESSION: Dona Bauer v. Hermosa Beach JUNE 8, 2021 @ 6:00 PM CANVASS OF VOTES AND INSTALLTION OF OFFICER CERTIFIED RESULTS OF THE CANVASS OF VOTES FOR THE SPECIAL ELECTION OF MAY 11, 2021, AND INSTALLATION OF THE ELECTED OFFICER PRESENTATIONS COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT CITY MANAGER REPORTS COVID-19 Update Information Item: Update of Enhanced Watershed Management Plan (EWMP) Update from Chief LeBaron on enforcement measures CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Adoption of the 2021–22 Appropriations Limit Finance Director Annual Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 4, 2021 Interim Community Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for April 2021 Emergency Management Coordinator Ongoing Second Reading - Downtown Ordinance City Clerk Council Direction May 25, 2021 Approval of Special Event Long Term Agreement with the Arts Group of Hermosa Beach for its Annual Fine Arts Festival Held on the Community Center Lawn Interim Community Resources Manager Staff Request Apr. 28, 2021 Approval of the Hermosa Beach Youth Basketball (HBYB) Agreement Amendment Interim Community Resources Manager Staff Request May 3, 2021 PUBLIC HEARINGS – 6:30 PM Adoption of Fiscal Year 2021–22 Budget Finance Director Annual MUNICIPAL MATTERS Schedule Applicant Interviews for Parks, Recreation & Community Resources Advisory Commission (three expiring terms) City Clerk 4-Year Terms Consideration of Options for Downtown Lane Reconfigurations, and Outdoor Dining and Retail Programs Environmental Programs Manager Staff Request Apr. 7, 2021 Approval of Enhanced Watershed Management Plan Update Environmental Programs Manager Staff Request Apr. 13, 2021 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 4 JUNE 22, 2021 @ 5:00 PM INITIAL DATE CLOSED SESSION JUNE 22, 2021 @ 6:00 PM PRESENTATIONS COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT CITY MANAGER REPORTS COVID-19 Update Update from Chief LeBaron on enforcement measures CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates 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 June 15, 2021 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing PUBLIC HEARINGS – 6:30 PM Public Hearing – Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2021–2022 Public Works Director Annual MUNICIPAL MATTERS 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. Community Development Director Council Direction Jan. 28, 2020 Award of Construction Contract for CIP 669—City Park Restrooms Public Works Director Staff Request Apr. 22, 2021 FUTURE AGENDA ITEMS Tentative Future Agenda Items City Manager Ongoing 5 TENTATIVE - JULY 13, 2021 @ 4:00 PM APPLICANT INTERVIEWS FOR PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION JULY 13, 2021 @ 5:00 PM INITIAL DATE CLOSED SESSION JULY 13, 2021 @ 6:00 PM PRESENTATIONS COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT CITY MANAGER REPORTS COVID-19 Update Update from Chief LeBaron on enforcement measures CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates 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 June 1, 2021 Community Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for May 2021 Emergency Management Coordinator Ongoing PUBLIC HEARINGS – 6:30 PM Public Hearing to review delinquent solid waste collection (refuse) charges for consideration of placing said charges on the property tax rolls as a special assessment. The assessment would affect only those properties with refuse bills delinquent as of March 31, 2021. Environmental Programs Manager Doug Krauss Annual MUNICIPAL MATTERS Vacancies – Boards and Commissions – Parks, Recreation & Community Resources Advisory Commission City Clerk 4-Year Term FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 6 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 Programs Manager 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 Deputy 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 Public Records Request Guidelines Initiated by: Staff Request Oct. 14, 2019 City Clerk/Assistant to the City Manager Pending Deputy City Clerk Appointment 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 Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020 City Attorney Discussion on Potential Establishment of a City Council Subcommittee Regarding City Finances (supported by Detoy, Armato, Fangary) Initiated by: Other Matters Jun. 9, 2020 Finance Director/Assistant to the City Manager Request to Renew the Agreement to Purchase Parking Meter Equipment and Related Services Initiated by: Staff Request August 11, 2020 Police Chief Follow-up on Mayor’s Pledge Initiated by: Council Direction August 25, 2020 City Manager’s Office/Police Chief Approval of First Amendment to Agreement with the Hermosa Beach Education Foundation for its Annual “Hearts of Hermosa” Event Initiated by: Staff Request December 7, 2020 Community Resources Manager Updating Resolution 15-6988, Rules for the Conduct of City Council Meetings. Initiated by: Staff Request Dec. 12, 2020 City Attorney/City Clerk