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HomeMy WebLinkAbout11-03-2022 - Agenda Pkg - CC Adjourned MeetingCity Council City of Hermosa Beach Adjourned Meeting Agenda City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Mayor Michael Detoy Mayor Pro Tem Raymond Jackson Councilmembers Stacey Armato Mary Campbell Justin Massey 5:00 PMThursday, November 3, 2022 Hybrid virtual/in-person meeting are held pursuant to AB361 Closed Session - 5:00 PM Open Session - 6:00 PM PUBLIC MEETING VIEWING OPTIONS 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach 3. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 4. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 5. YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 6. LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View City Council staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page. A printed agenda packet will be available in the Council Chambers foyer during the Council meeting. Council Chambers WiFi Network ID: CHB-Guest Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. Page 1 City of Hermosa Beach Printed on 5/25/2023 1 November 3, 2022City Council Adjourned Meeting Agenda 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 their written communication to the City Clerk’s office via email (cityclerk@hermosabeach.gov) or in person by noon on Tuesday, one week before the meeting date. Supplemental communications may be submitted via eComment (see instructions below) or emailed to cityclerk@hermosabeach.gov. Supplemental materials must be received by 3:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental materials submitted after 3:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day. How to Submit Supplemental eComments in Three Easy Steps 1. Go to Agendas/Minutes/Video webpage and select the meeting you would like to submit an eComment for. 2. Click the eComment button next to the agenda item you want to provide an eComment for. 3. Sign in to your SpeakUp Hermosa account or submit a comment as a guest. Enter your name and comment in the fields provided. You may attach files before submitting your comment if you have an account. Page 2 City of Hermosa Beach Printed on 5/25/2023 2 November 3, 2022City Council Adjourned Meeting Agenda 5:00 PM - CLOSED SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENT ON THE CLOSED SESSION AGENDA The public is invited to attend and provide public comment. Public comments are limited to 3 minutes per speaker. This Public Comment period is limited to Closed Session agenda items only. 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 and use 'Raise Hand' feature. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to 'Raise Hand' and then *6 to unmute yourself line when prompted. 4. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date. 5. ECOMMENT - Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. RECESS TO CLOSED SESSION MINUTES: Approval of minutes of Closed Session held on October 25, 2022. a) CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Amber Webster v. City of Hermosa Beach Case Number: 21STCV26516 b) Page 3 City of Hermosa Beach Printed on 5/25/2023 3 November 3, 2022City Council Adjourned Meeting Agenda 6:00 PM - OPEN SESSION 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 discuss any changes to the order of agenda items. VII. PROCLAMATIONS / PRESENTATIONS PROCLAMATION DECLARING NOVEMBER 13-19, 2022 AS UNITED AGAINST HATE WEEK IN HERMOSA BEACH a) VIII. CITY MANAGER REPORT POLICE CHIEF UPDATEa) IX. PUBLIC PARTICIPATION The public is invited to attend and provide public comment. Public comments are limited to 3 minutes per speaker. 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 and use 'Raise Hand' feature. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to 'Raise Hand' and then *6 to unmute yourself line when prompted. 4. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date. 5. ECOMMENT - Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. Page 4 City of Hermosa Beach Printed on 5/25/2023 4 November 3, 2022City Council Adjourned Meeting Agenda This is the time for members of the public to address the City Council on any items within the Council's jurisdiction and on items where public comment will not be taken (City Manager Reports, Written Communication, City Councilmember Comments, Consent Calendar items not pulled for separate consideration, and Future Agenda Items). Public comments are limited to three minutes per speaker. This time allotment may be reduced due to time constraints at the discretion of the City Council. 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. Members of the audience will have a future opportunity to speak on items pulled from the Consent Calendar for separate discussion, Public Hearings, and Municipal Matters when those items are heard. SUPPLEMENTAL OPEN SESSION COMMUNICATIONS FROM THE PUBLIC X. CITY COUNCILMEMBER COMMENTS 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 before the vote on the Consent Calendar. There will be no separate discussion of these items unless a Councilmember removes an item from the Consent Calendar, either under Approval of the Agenda or under this item before the vote on the Consent Calendar. Items removed for separate discussion will be considered under Agenda Item XII (12), with public comment permitted at that time. CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) a) CHECK REGISTER (Finance Director Viki Copeland) b) LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR SEPTEMBER 2022 (Deputy City Manager Angela Crespi) c) FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS, PURSUANT TO ASSEMBLY BILL 361 (City Clerk Myra Maravilla) d) RESOLUTION APPROVING THE 2022-2025 TERMS AND CONDITIONS OF EMPLOYMENT FOR THE UNREPRESENTED EMPLOYEE GROUP (Human Resources Manager Vanessa Godinez) e) XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Page 5 City of Hermosa Beach Printed on 5/25/2023 5 November 3, 2022City Council Adjourned Meeting Agenda Items pulled from the Consent Calendar will be handled separately. Public comment will be taken before Council deliberation, and action on each item pulled from the Consent Calendar. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. XIV. MUNICIPAL MATTERS DESIGNATION OF A MAXIMUM AMOUNT OF FEE WAIVERS FOR SPECIAL EVENTS HELD IN 2023 (Community Resources Manager Lisa Nichols) a) FORMAL ADOPTION OF THE SPECIAL EVENT LONG-TERM AGREEMENT PROGRAM (Community Resources Manager Lisa Nichols) b) EXTENSION OF TEMPORARY OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATION AND UPDATE ON DEVELOPMENT OF PERMANENT PROGRAMS (Environmental Programs Manager Doug Krauss) c) AWARD A CONTRACT FOR MOBILE PARKING PAYMENT SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC (Deputy City Manager Angela Crespi) d) INFORMATION REGARDING ALLOWABLE FLOOR AREA RATIOS ON PROPERTIES WITH COMMERCIAL LAND USE DESIGNATIONS (Community Development Director Jeannie Naughton) e) CONSIDER WHETHER THE CITY SHOULD ESTABLISH A COMMUNITY ADVISORY COMMITTEE FOR THE TRANSACTIONS AND USE TAX SHOULD MEASURE B BE ENACTED BY THE VOTERS (Deputy City Manager Angela Crespi) f) AWARD A CONTRACT FOR DESIGN SERVICES FOR GREENBELT ACCESSIBLE TRAIL AND OTHER ACCESSIBILITY ENHANCEMENTS TO SWA GROUP, INC. (Public Works Director Joe SanClemente) g) XV. FUTURE AGENDA ITEMS This is the time for Councilmembers to schedule future agenda items and to ask questions about the status of previously approved future agenda items. No discussion, debate, or public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The tentative future agenda items document is provided for information only. TENTATIVE FUTURE AGENDA ITEMSa) XVI. ADJOURNMENT Page 6 City of Hermosa Beach Printed on 5/25/2023 6 November 3, 2022City Council Adjourned Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: November 8, 2022 - No meeting due to lack of quorum (General Election) November 22, 2022 - No meeting due to lack of quorum (Thanksgiving week) November 29, 2022 -Tuesday - Adjourned Regular Meeting: 5:00 PM - Closed Session, 6:00 PM - Open Session December 12, 2022 -Monday - Special Meeting: 6:00 PM - Installation of New Officers & Mayor Transition Ceremony & Reception December 13, 2022 - Tuesday - Regular Meeting: 5:00 PM - Closed Session, 6:00 PM - Open Session December 27, 2022 - Tuesday - No Meeting (Dark for WInter Break) BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: November 15, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 16 - Wednesday - 6:00 PM - Public Works Commission Meeting December 1, 2022 - Thursday - 6:00 PM - Planning Commission Special Meeting December 5, 2022 - Monday - 6:00 PM - Planning Commission Special Meeting December 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: November 24, 2022 - Thursday - Thanksgiving Day December 26, 2022 - Monday - Christmas Day (observed) January 2, 2023 - Monday - New Year's Day (observed) Page 7 City of Hermosa Beach Printed on 5/25/2023 7 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0710 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 3, 2022 MINUTES:Approval of minutes of Closed Session held on October 25, 2022. City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™8 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0708 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 3, 2022 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Amber Webster v. City of Hermosa Beach Case Number: 21STCV26516 City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™9 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0707 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 PROCLAMATION DECLARING NOVEMBER 13-19, 2022 AS UNITED AGAINST HATE WEEK IN HERMOSA BEACH City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™10 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0700 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 POLICE CHIEF UPDATE City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™11 1 CITY MANAGER’S REPORT November 3, 2022 City Council Meeting First, I’m so sorry I can’t be with you in-person tonight. I have a family medical emergency that requires me to participate by Zoom. A quick update on the assisted listening devices. At the last meeting, they were not functioning. We have since corrected the issue and the devices are again in working order should anyone need them. I want to be clear that although the agenda asks for 48 hours notice when requesting special assistance, staff will of course make every effort to provide assistance to anyone without notice. Next, I’d like to provide updates on a couple important Public Works projects: The park restroom project: Please know that completion of this important project remains one of the City’s highest priorities. Since the previous contractor was terminated in August, staff has been actively working in close coordination with the City Attorney’s office and ‘the surety’, which is the company that guarantees work will be completed according to contract, to formalize a plan for successful project completion. The surety has retained a specialist with experience evaluating incomplete construction projects. Coordinating with the surety and its specialist has required our engineers to invest significant time assessing and finalizing the remaining scope of work so that a new contractor can provide a fair and accurate bid to complete the project. In the meantime, staff is ordering critical supply items, such as remaining components for the solar equipment, so that they are ready for installation upon arrival of the new contractor. City staff is working tirelessly to advance the successful completion of the project, while also ensuring the City’s best interests in a fiscally responsible manner. We will continue to provide updates throughout this process. We also wanted to provide a brief update on the City’s efforts to enhance safety along Hermosa Avenue: On August 25th, Public Works staff, in partnership with the Hermosa Beach Police Department, deployed temporary safety measures at the intersection of Hermosa Avenue and 6th Street as part of a phased approach to increase pedestrian safety and test the effectiveness of these measures. The safety improvements included installing water-filled barriers across the median opening of Hermosa Avenue to physically prohibit U-turn and left-turn maneuvers at the 12 2 intersection and upgrading and enhancing pedestrian warning signage and markings. These measures eliminated many of the existing conflicts points at the intersection. To date, there have been no reported crashes at this location. In the coming weeks, Public Works will also install the City’s first rectangular rapid flashing beacon system – known as an RRFB. The RRFB includes a pedestrian push button-activated warning system for motorists and is a proven safety countermeasure by Federal Highway to enhance visibility and yield compliance at pedestrian crossings. Once installed, staff will continue to monitor the effectiveness of all these measures and consider whether they could be more broadly deployed as part of a larger Capital Improvement Project currently slated for the Hermosa Avenue corridor. Public Works staff is finalizing the procurement process to retain a design specialist to assist with these measures and anticipates bringing an item forward to City Council as soon as the November 29 meeting to award a design contract. The design will include safety and accessibility improvements at six intersections along Hermosa Avenue (4th, 6th, 19th, 24th and 25th Street) and pedestrian safety improvements at five other intersections along Pier Avenue, Valley Drive, and Herondo Street. Design is anticipated to take approximately six months and the process will provide opportunities for the community to participate and provide input. I’m pleased to share with you several upcoming November events: Tuesday is Election Day. As a reminder, you may vote in person at the Hermosa Kiwanis Club at 2515 Valley Drive. Voting is taking place now and will continue daily from 7 a.m. to 8 p.m. through election day, November 8th. If you wish to mail in your ballot, please remember that it must be postmarked by Tuesday or you can drop in a ballot drop box. There is one next to the Hermosa Beach Library. Next Friday, November 11th, is Veterans Day. The City will recognize our veterans at a Wreath Laying Ceremony on the Community Center East Lawn at 10:30 a.m. This will be followed by a reception inside the Community Theatre, which will feature a showing of our Veterans are Timeless campaign. Everyone is invited, and no RSVP is needed. Thanksgiving is Thursday, November 24th this year. Please note that City Hall and the Community Center, including the Skate Park and tennis courts, will be closed in observance of Thanksgiving. Street sweeping restrictions citywide will not be 13 3 enforced on Thanksgiving or the Friday following Thanksgiving. Trash collection scheduled to take place on Thanksgiving and the rest of that week will be postponed by one day. I’m sad to share the next bit of news: Jeannie Naughton, our community development director, is returning to her previous employer to finish the job she started there on its general plan. Jeannie has made substantial progress in modernizing and streamlining our community development department so that it’s providing even better services to the community. Jeannie, would you like to address the Council? [Jeannie speaking] Thank you, Jeannie. We are currently finalizing plans for an interim director who will continue to carry forward the improvements Jeannie has already put into place. Our Hermosa is Hiring Team has also started the recruitment process for our next community development director. It is an exciting time for Community Development in Hermosa Beach as we continue with the implementation phase of our General Plan, PLAN Hermosa, and believe that this is an attractive opportunity for prospective applicants. Police Chief Update And lastly, I’d like to turn it over to Chief LeBaron to provide his update. 14 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0699 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 SUPPLEMENTAL OPEN SESSION COMMUNICATIONS FROM THE PUBLIC Attachments: 1.SUPPLEMENTAL eComments for Open Session City of Hermosa Beach Printed on 5/25/2023Page 1 of 1 powered by Legistar™15 City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00 Agenda Name Comments Support Oppose Neutral IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC 3 1 1 1 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC Overall Sentiment Raymond Dussault Location: 90254, HERMOSA BEACH Submitted At: 2:47pm 11-03-22 Dear Council: On Oct. 25th, Council Member & Council Candidate Raymond Jackson made a conscious choice to lie about his neighbors, Hermosa residents and local business owners. He also chose to blatantly and without consideration of legal or ethical boundaries, break California state law in a way that is prosecutable by the District Attorney. It has long been illegal for elected officials to engage in campaign related activity while serving in their official capacity. It is also illegal for elected officials to use public resources to campaign. In fact, the California Government Code specifically addresses this issue. Specifically, Cal. Gov. Sec. 8314 (a) states that “A public official may not use public resources for a campaign activity, or personal or other purposes. (Cal. Gov Code Sec. 8314 (a).” Additionally, Cal. Gov. Code Sec. 3206 prohibits campaign activities while operating in an official capacity. 16 Since this was a duly noticed council meeting and Mr. Jackson’s comments came in response to an agendized item, it is clear he was operating in an official capacity and using city property to conduct his campaign speech. Mr. Jackson made little attempt to mask his campaign speech or to indicate an even passing acquaintance with honesty. All of Mr. Jackson’s comments were problematic and unethical; several are clearly illegal. Mr. Jackson made multiple clear attempts to use his position as a council member siting on the Dias to influence opinions regarding certain candidates that are you political opponents. First, you stated that “it wasn’t until this election cycle I came to see the dark money and I think that this is driving this. The dark money that is being spent to influence this election.” Making this statement from the Dias while you are a candidate for re-election is inappropriate and illegal. However, you didn’t stop with that statement but in fact continued and stated that “the bar lobby want to control. They want three seats that up for grabs in order to install their three puppet candidates.” At this point, he is overtly campaigning and using his official capacity and public resources to do so. His final statement is most brazen and undoubtedly violates the law and is illegal. Jackson said “I don’t trust the bar lobby and their three bar lobby candidates. I do however trust Hermosa Beach voters….So I trust the Hermosa Beach voters to see through the spin and misinformation and to put roadblocks in place by saying no to the bar lobby, their dark money and their three puppet candidates.” If calling for a particular vote does not represent “campaigning,” then the word “campaigning” no longer has any meaning. Mr. Jackson made an overt attempt to influence voters using his official capacity and public resources. It was highly illegal and could expose Mr. Jackson to both civil and criminal penalties. Mr. Jackson engaged also decided to gaslight the entire community – or at least those that dare to not support him – by labeling any opponents as engaging in ‘misogyny, sexism, racism” and “dog whistles.” Many months ago, I was at a mixer that pre-dated the formation of the Hermosa Beach Culture Coalition and the election. There were 40 residents in attendance from all walks of life and business, including numerous residents that had voted for Justin, Mary, Stacey and Ray Jackson, who now expressed concern and disillusionment. Of those 40, three were restaurant owners. Some common refrains were that current council was not transparent, did not listen and engaged in pet projects costly to the city. There was concern that many of these actions – actions that cost $1.7 million in the Cross Fit debacle and later brought the ill-conceived alcohol ordinance proposal – would negatively impact the culture of Hermosa Beach. That meeting gave birth to the HBCC which is also supported by residents from all walks of life and business. It is also appropriate and democratic that residents and business owners work together to support candidates they believe supports their values. To imply otherwise is dishonest. To demean other candidates with Facebook- sourced innuendo from the dais in an official capacity is deplorable. There is no “bar lobby” and there is no “outside dark money.” To the degree that restaurant owners have contributed, Mr. Jackson is attacking as “outside interests” people that have lived here their entire, founding and growing businesses in our community. While their slanderer moved here in 2015. In fact, every other candidate has lived in the community at least twice as long as Mr. Jackson Only Mr. Jackson has decided to wallow in the campaign mud. It’s a disappointment and unfortunate that many people voted to early to account for his true personality. While Mr. Jackson's feelings may have been hurt when he realized not every resident would vote for him, it is no excuse for the mud slinging that now defines him. Sincerely, Raymond Dussault Tracy Hopkins Location: Submitted At: 7:38pm 10-30-22 UNITED AGAINST HATE 17 A different opinion than yours is not misinformation. A different opinion than yours is not disinformation. A different opinion than yours is not hate speech. A different opinion than yours is not racism. A different opinion than yours is just a different opinion than yours. Tony Higgins Location: Submitted At: 10:07am 10-30-22 Dear Mayor Detoy, Dear City Council Re: Retract Ray Jackson Endorsement I am calling on the City Council to retract their endorsement of Councilman Jackson or at least speak out and censure him for his statements at the conclusion of the City Manager Contract hearing in the Oct 25th City Council meeting. Councilman Jackson said 3 of the candidates he is running against are slaves of the bar lobby; without offering any proof. And in even more careless and reckless act, Councilman Jackson failed to clearly identify which 3 candidates he were referring too when he claimed these candidates slaves to the bar lobby and beholden to dark [dirty] money; meaning that even if Councilman Jackson’s unproven accusations were true; by not specifying which 3; he essentially impugned & slandered all 6. That’s just careless, reckless and dirty dirty politics that Will Councilman Jackson have the integrity to now identify which 3 of 6 candidates are slaves to the bar lobby and beholden to dark money along with evidence that supports your claims: Dan Godwin, Jeff Raedy, Dean Francois, Kierien HarrIngton, Rob SeamannMatt McCool? And would you please identify the 3 candidates you unfairly impugned with your broad brush accusations? And if Councilman Jackson lacks the integrity to “right” this wrong will the council censure him or retract their endorsements of him for city Council? Also, there is plenty of other evidence the current council is falling apart at the seams and needs to be voted out. In the October 11 City Council meeting Councilman Massey gaslighted again by stating the City Council had followed the recommendations of the Cannabis Advisory Committee “to a T” when in fact they had not followed the advisory commission’s 6-3 vote to offer a competing initiative nor had the council followed the commissions 9- 0 vote to NOT to offer a delivery cannabis ordinance before the November 8 election. Councilman Massey’s statements the council had followed the commissions advice to a “T” was borderline delusional Then there was Councilman Campbell’s uncharacteristically arrogant and stupid statement regarding the growth in the City Manager’s budget, saying that most voters don’t understand that in a small city staff has to wear many hats. Doesn’t Ms. Campbell understand that many work in small businesses where wearing multiple hats is commonplace. What many residents see and and are objecting too is exponential growth and centralization in the city managers office and no correlating decrease in the Departmental budgets. And finally we get to the biggest gaslight-moment of all. While it’s true that our City Manager has made some 18 good hires; especially in the case of Chief Lebaron and Joe SanClemente, we’ve lost plenty of good talent under the Lowenthal administration too. And this is just the nature of the beast. A small city like Hermosa is a perfect proving ground for top young talent and much of that talent will move on for bigger and better things. For the Council to think otherwise is just foolish. Giving the City Manager a five year contract and telling us that the reason we must do this is to retain top staff; well there is no evidence of this whatsoever. Think of Nico Scaia, Marnell Gibson, Leeanne Singleton and Eddie Sarmiento. They all left under the Lowenthal administration but the council preaches Ms Lowenthal’ ability to bring stability. There is no evidence of that. Top young talent will use Hermosa As a proving ground and many will move on. It’s the nature of the beast. Anthony Higgins 19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0705 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council approve the minutes for the Regular City Council Meeting of Tuesday, October 25, 2022. Attachments: 1.October 25, 2022-Regular Meeting Minutes Respectfully Submitted by: Myra Maravilla, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™20 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Meeting Minutes City Council Mayor Michael Detoy Mayor Pro Tem Raymond Jackson Councilmembers Stacey Armato Mary Campbell Justin Massey 5:00 PMTuesday, October 25, 2022 Draft 5:00 PM - CLOSED SESSION CALL TO ORDER Mayor Detoy called the Closed Session to order at 5:04 p.m. ROLL CALL City Clerk Myra Maravilla announced a quorum. Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, Councilmember Campbell, and Councilmember Massey Present:5 - Absent:0 PUBLIC COMMENT ON THE CLOSED SESSION AGENDA No Public Comment provided. RECESS TO CLOSED SESSION Mayor Detoy recessed to Closed Session at 5:04 p.m. CLOSED SESSION TOPICS 22-0669a)MINUTES: Approval of minutes of Closed Session held on October 11, 2022. Page 1City of Hermosa Beach Printed on 10/28/2022 21 October 25, 2022City Council Meeting Minutes 22-0688b)CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation Government Code Section 54956.9(d)(2) and (e)(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. Number of Cases: 2 22-0689c)CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Unrepresented Employee Group Management Employee Group Page 2City of Hermosa Beach Printed on 10/28/2022 22 October 25, 2022City Council Meeting Minutes 6:00 PM - OPEN SESSION I. CALL TO ORDER Mayor Detoy called the Open Session to order at 6:03 p.m. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Armato. III. ROLL CALL City Clerk Myra Maravilla announced a quorum. Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, Councilmember Campbell, and Councilmember Massey Present:5 - Absent:0 IV. CLOSED SESSION REPORT City Attorney Michael Jenkins provided a Closed Session Report. No reportable action was taken. V. ANNOUNCEMENTS - UPCOMING CITY EVENTS Mayor Detoy made the following announcements: Volunteers who attended the October Mayor's Event were thanked for participating. The community was invited to attend the Town Hall on Wednesday, October 26 at 6:30 p.m. at the Community Theatre at 710 Pier Avenue to learn about local ballot measures. The community was invited to attend the State of the City on Thursday, October 27 at 5:30 p.m. at the Hermosa Beach Lifeguard headquarters outdoor space at 1201 The Strand. VI. APPROVAL OF AGENDA The order of the agenda was amended to consider item 14.c. following the consideration of the Consent Calendar. Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 VII. PROCLAMATIONS / PRESENTATIONS Page 3City of Hermosa Beach Printed on 10/28/2022 23 October 25, 2022City Council Meeting Minutes a)22-0583 LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE 2022 SEMI-ANNUAL REVIEW (Deputy City Manager Angela Crespi) Deputy City Manager Angela Crespi provided a presentation. 22-0693b)HERMOSA BEACH CHAMBER OF COMMERCE PROVIDES FIESTA HERMOSA RECAP Jessica Accamando, Chamber of Commerce President, provided a report on Fiesta Hermosa. VIII. CITY MANAGER REPORT City Manager Suja Lowenthal provided the following updates: Hermosa-Redondo Water System Survey Public Works Maintenance Temporary mobi mat removal to improve access Upcoming important dates: - Early Voting Center at Kiwanis Club Opens Saturday - Enter Parking Permit Art Contest - Renew Dog License - Nominate veterans for "Veterans are Timeless" Campaign - Halloween Safety Welcomed Gisell Saenz, Interim Building & Permit Technician 22-0682a)POLICE CHIEF UPDATE Police Chief LeBaron provided an update. Chief LeBaron invited Rick Poplin to speak on the Folds of Honor Mission video played during the meeting. Councilmember Armato provided comments. IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC a)22-0681 WRITTEN COMMUNICATION A motion was made by Councilmember Armato, seconded by Councilmember Massey, to receive and file the written communication. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 Page 4City of Hermosa Beach Printed on 10/28/2022 24 October 25, 2022City Council Meeting Minutes X. CITY COUNCILMEMBER COMMENTS Mayor Detoy requested an update on hearing devices. City Manager Suja Lowenthal provided information. Mayor Detoy requested the City Attorney Jenkins provide information on the mailers sent to voters with information about the ballot measures on the November 8 ballot. City Attorney Jenkins provided a brief update. Mayor Detoy announced he will be participating in the American Council of Young Political Leaders' upcoming exchange program. Councilmember Campbell provided information on her attendance of the ribbon cutting for allcove Beach Cities. allcove Beach Cities, a youth wellness center, will offer mental and physical health services, education and employment assistance, peer and family support, and substance use prevention programs for young people ages 12-25 in the greater South Bay. Mayor Pro Tem Jackson invited the community to attend the ribbon cutting elebrating the reopening of Hermosa View School, followed by a State of the Schools address on Wednesday, October 26, starting at 4 p.m. City Attorney Michael Jenkins announced his intention to retire as the City Attorney for the City of Hermosa Beach. XI. CONSENT CALENDAR Approval of the Consent Calendar A motion was made by Councilmember Armato, seconded by Councilmember Campbell, to approve the Consent Agenda. The motion carried by the following vote: 22-0671a)WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) b)REPORT 22-0672 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. c)REPORT 22-0673 FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS, PURSUANT TO ASSEMBLY BILL 361 (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. Page 5City of Hermosa Beach Printed on 10/28/2022 25 October 25, 2022City Council Meeting Minutes d)REPORT 22-0661 CHECK REGISTERS (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. e)REPORT 22-0684 REVENUE REPORT, COVID-19 REVENUE TRACKING REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR JUNE 2022 (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. f)REPORT 22-0675 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. g)REPORT 22-0676 MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. h)REPORT 22-0685 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF OCTOBER 18, 2022 (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. i)REPORT 22-0667 ACTION MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING OF OCTOBER 3, 2022 AND REGULAR MEETING OF OCTOBER 18, 2022 (Community Development Director Jeannie Naughton) A motion was made to approve recommendation on the Consent Calendar. j)REPORT 22-0668 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Jeannie Naughton) A motion was made to approve recommendation on the Consent Calendar. k)REPORT 22-0686 ACTION MINUTES OF THE CIVIL SERVICE BOARD MEETINGS OF AUGUST 17, 2022 AND SEPTEMBER 7, 2022 (Human Resources Manager Vanessa Godinez) A motion was made to approve recommendation on the Consent Calendar. Page 6City of Hermosa Beach Printed on 10/28/2022 26 October 25, 2022City Council Meeting Minutes l)REPORT 22-0649 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 6, 2022 (Community Resources Manager Lisa Nichols) A motion was made to approve recommendation on the Consent Calendar. m)REPORT 22-0605 RESOLUTION APPROVING THE 2022-2025 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HERMOSA BEACHAND THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911 (Human Resources Manager Vanessa Godinez) A motion was made to approve recommendation on the Consent Calendar. n)REPORT 22-0650 ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.30, (SPECIAL EVENTS ON PUBLIC PROPERTY) AND SECTION 12.30.030 (SPECIAL EVENT APPROVAL AND PERMIT ISSUANCE) AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Resources Manager Lisa Nichols) A motion was made to approve recommendation on the Consent Calendar. XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION No Consent Calendar items were removed for separate discussion. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. Page 7City of Hermosa Beach Printed on 10/28/2022 27 October 25, 2022City Council Meeting Minutes a)REPORT 22-0658 APPROVAL OF ADDITIONAL 2022 IMPACT LEVEL III SPECIAL EVENTS: HERMOSA FOR THE HOLIDAYS (11/18-11/21) AND LA GALAXY-WORLD CUP VIEWING PARTY (11/23-11/26) (Community Resources Manager Lisa Nichols) City Clerk Maravilla read the item into the record. Mayor Detoy opened the Public Hearing. Community Resources Manager Lisa Nichols provided a staff report. Jessica Accamando, Chamber of Commerce President, provided information about Hermosa for the Holidays. Gabriel Soto, Representative from LA Galaxy, provided information about LA Galaxy-World Cup Viewing Party. In Person Public Comment: Commissioner Barbara Ellman Jessica Accamando spoke. Councilmember Massey provided comments. Mayor Pro Tem Jackson provided comments. Councilmember Campbell provided comments. Mayor Pro Tem Jackson provided comments. Mayor Detoy closed the Public Hearing. A motion was made by Councilmember Campbell, seconded by Councilmember Armato to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to include two additional Impact Level III Special Events on the 2022 Special Events Calendar as proposed in the Staff Report; and approve staff's recommendation for the City to serve as co-sponsor for the Hermosa for the Holidays, resulting in a fee-waiver of indirect costs. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 Page 8City of Hermosa Beach Printed on 10/28/2022 28 October 25, 2022City Council Meeting Minutes b)REPORT 22-0653 APPROVAL OF 2023 RETURNING IMPACT LEVEL III SPECIAL EVENTS: STATE OF THE ART (3/18); JVA AND BVCA NATIONAL CHAMPIONSHIPS (7/13-7/18); AAU JUNIOR NATIONAL CHAMPIONSHIPS (7/19-7/26); TRIATHLON (8/11-8/12); SKECHERS PIER TO PIER FRIENDSHIP WALK (10/29); CALIFORNIA GREAT SANTA STROLL (12/09); AND DESIGNATION OF TWO “NOTHING WEEKENDS” (6/24-6/25 AND 8/26-8/27) (Community Resources Manager Lisa Nichols) City Clerk Maravilla read the item into the record. Mayor Detoy opened the Public Hearing. Community Resources Manager Lisa Nichols provided a staff report. In Person Public Comment: Jessica Accamando Virtual Public Comment: Kent Allen Councilmember Massey provided comments. Mayor Detoy closed the Public Hearing. A motion was made by Councilmember Massey, seconded by Councilmember Campbell, to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to include two additional Impact Level III Special Events on the 2022 Special Events Calendar as proposed in the Staff Report; and for the City to serve as co-sponsor for the Hermosa for the Holidays, resulting in a fee-waiver of indirect costs.. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 Page 9City of Hermosa Beach Printed on 10/28/2022 29 October 25, 2022City Council Meeting Minutes c)REPORT 22-0678 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 ENERGY CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; MAKING AMENDMENTS TO SAID CODES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Jeannie Naughton) City Clerk Maravilla read the item into the record. Mayor Detoy opened the Public Hearing. Community Development Director Jeannie Naughton provided a staff report. There was no Public Comment. Mayor Detoy closed the Public Hearing. A motion was made by Councilmember Massey, seconded by Councilmember Armato, to waive full reading and introduce by title only an Ordinance of the City of Hermosa Beach, California, adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code; the 2022 California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; the 2022 Energy Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; the 2021 International Property Maintenance Code; making amendments to said Codes; and finding the action exempt from the California Environmental Quality Act; and set a public hearing to consider adoption of the ordinance on November 29, 2022. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 XIV. MUNICIPAL MATTERS Page 10City of Hermosa Beach Printed on 10/28/2022 30 October 25, 2022City Council Meeting Minutes a)REPORT 22-0655 CONSIDERATION OF THE DEFAULT RENEWABLE ENERGY LEVEL FOR THE CLEAN POWER ALLIANCE AND IMPLEMTENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM (Environmental Programs Manager Doug Krauss) Environmental Programs Manager Doug Krauss provided a staff report. Mayor Pro Tem Jackson provided comments. In Person Public Comment: Jose Bacallau Dean Francois Virtual Public Comment: Ann Gotthoffer Craig Cadwallader Kent Allen Matt McCool Mayor Pro Tem Jackson provided comments. Councilmember Campbell provided comments. Councilmember Armato provided comments. Mayor Detoy provided comments. A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson, to approve the default rate of 100% renewable energy with the Clean Power Alliance. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 Page 11City of Hermosa Beach Printed on 10/28/2022 31 October 25, 2022City Council Meeting Minutes b)REPORT 22-0666 CONSIDERATION OF PROPOSAL FOR THE AMENDMENT AND EXTENSION OF AGREEMENTS BETWEEN THE CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC (DBA ATHENS SERVICES) FOR SOLID WASTE MANAGEMENT SERVICES AND STREET SWEEPING AND CLEANING SERVICES (Environmental Programs Manager Douglas Krauss) Environmental Programs Manager Douglas Kraus provided a staff report. Councilmember Massey provided comments. Gary Clifford, representative from Athens, provided information and responded to City Council questions and comments. In Person Public Comment: Peter Tucker Councilmember Armato provided comments. Mayor Detoy provided comments. A motion was made by Councilmember Armato, seconded by Councilmember Campbell, to accept the proposal submitted by Athens Services, Inc for extension and amendment of the current solid waste management and street sweeping and cleaning services agreement and direct staff to proceed with issuances of a Proposition 218 notification regarding the proposed rate changes. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 A motion was made by Councilmember Massey, seconded by Councilmember Armato, to extend the meeting to 10:45 p.m. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 Page 12City of Hermosa Beach Printed on 10/28/2022 32 October 25, 2022City Council Meeting Minutes c)REPORT 22-0677 CITY MANAGER CONTRACT AMENDMENT (City Attorney Michael Jenkins) City Attorney Michael Jenkins provided a staff report. Mayor Detoy provided comments. Councilmember Armato provided comments. In Person Public Comment: Carolyn Petty Daniel Godwin Raymond Dussault Kieran Harrington Rodger Deuerlein Rita Gerace Peter Tucker Jeff Raedy Kathie Stemic Jose Bacauau Rob Saemann Dean Francois Steve Izant Bob Atkins Heidi Swan Barbara Ellman Matt McCool Virtual Public Comment: Kent Allen Megg Sulzinger Laura Pena Ann Gotthoffer Mayor Detoy provided comments. Councilmember Armato provided comments. Councilmember Massey provided comments. Councilmember Campbell provided comments. Mayor Pro Tem Jackson provided comments. Page 13City of Hermosa Beach Printed on 10/28/2022 33 October 25, 2022City Council Meeting Minutes Mayor Detoy provided comments. The City Council deliberated. A motion was made by Councilmember Massey, seconded by Councilmember Armato to approve as amended the amendment to the CIty Manager's employment agreement increasing her compensation as of her third and fourth anniversaries of employment and adjusting other terms of the agreement and striking out Section 2. A. in its entirety. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 XV. FUTURE AGENDA ITEMS Councilmember Campbell requested a future item to discuss For Area Ratios (FARs) as it relates to Housing. Mayor Detoy and Mayor Pro Tem Jackson supported Councilmember Campbell's request. Mayor Detoy requested a future agenda item to establish a Measure B Advisory Committee. Councilmember Armato and Mayor Pro Tem Jackson supported Mayor Detoy's request. a)22-0687 TENTATIVE FUTURE AGENDA ITEMS XVI. ADJOURNMENT Mayor Detoy adjourned the meeting at 10:47 p.m. to the Town Hall Meeting on Wednesday, October 26, 2022 at 6:30 p.m. at the Hermosa Beach Community Theatre, 710 Pier Avenue, Hermosa Beach, CA 90254 for a presentation and discussion regarding local measures on the November 8th ballot. The Town Hall Meeting will then be adjourned to City Council Meeting on Thursday, November 3, 2022 at 5:00 p.m. for Closed Session and 6:00 p.m. for Open Session. Page 14City of Hermosa Beach Printed on 10/28/2022 34 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0695 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 CHECK REGISTER (Finance Director Viki Copeland) Recommended Action: Staff recommends City Council ratify the following check register. Attachments: 1.Check Register 10/19/2022 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 1 of 1 powered by Legistar™35 10/19/2022 Check Register CITY OF HERMOSA BEACH 1 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100906 10/19/2022 4LEAF, INC J4061C SR. PERMIT TECHNICIAN SVS/AUG2222681 001-4201-4201 13,760.00 Total : 13,760.0022681 100907 10/19/2022 ADMINISTRATIVE SERVICES CO OP 220927 TAXI VOUCHER PROGRAM - CARDS/SEPT2211437 145-3404-4201 1,996.38 145-3853 -89.00 Total : 1,907.3811437 100908 10/19/2022 AQUA FLO SI2001451 MAT REQ 583895 IRRIGATION SUPPLIES09366 001-6101-4309 673.21 MAT REQ 583897 IRRIGATION SUPPLIESSI2008489 001-6101-4309 999.00 Total : 1,672.2109366 100909 10/19/2022 AT&T 960 461-1985 555 7 PD COMPUTER CIRCUITS/OCT2200321 001-2101-4304 220.14 Total : 220.1400321 100910 10/19/2022 BEST BEST & KRIEGER LLP 945978 CITY ATTNY/GREENWICH UNDERGROUND/AUG2220942 001-2142 205.00 CITY ATTNY SVS/GENERAL/AUG22945979 001-1131-4201 19,061.00 CITY ATTNY SVS/MUZATKO V CITY HB/AUG22945980 705-1133-4201 5,689.80 CITY ATTNY SVS/HUMAN RESOURCES/AUG22945981 001-1203-4201 700.00 CITY ATTNY SVS/LAND USE/AUG22945982 001-1131-4201 2,255.00 CITY ATTNY SVS/ROTH V TRAN/AUG22945983 705-1133-4201 228.60 CITY ATTNY SVS/CEQA ADVICE/AUG22945984 001-1131-4201 1,342.50 CITY ATTNY SVS/HBPO ASSOC/AUG22945985 705-1133-4201 1,980.00 CITY ATTNY SVS/PUB RECORDS REQ/AUG22945986 001-1131-4201 5,353.00 CITY ATTNY SVS/ICRMA V CITY HB/AUG22945987 Attachment 1 36 10/19/2022 Check Register CITY OF HERMOSA BEACH 2 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100910 10/19/2022 (Continued)BEST BEST & KRIEGER LLP20942 705-1133-4201 3,066.72 CITY ATTNY SVS/REAL ESTATE/AUG22945989 001-1131-4201 3,679.28 CITY ATTNY/ADA/DISABILITY ISSUES/AUG22945990 001-1203-4201 246.00 CITY ATTNY SVS/PW CONSTRUCTION/AUG22945991 001-1131-4201 17,820.00 Total : 61,626.9020942 100911 10/19/2022 BLUE DIAMOND MATERIALS 2952282 MAT REQ 768974/ASPHALT/EMULSION BUCKETS06409 001-3104-4309 185.43 Total : 185.4306409 100912 10/19/2022 CDWG CS44489 MAT REQ768431 PRINTER TONER DID NOT SHIP09632 715-1206-4305 -822.06 MAT REQ768432 PRINTER TONER DID NOT SHIPCS44489 715-1206-4305 -269.76 MAT REQ 768433 PRINTER TONER/INKCX33837 715-1206-4305 274.02 MAT REQ 768433 PRINTER TONER/INKCZ25824 715-1206-4305 245.35 MAT REQ 768434 PRINTER TONER/INKDB24322 715-1206-4305 78.58 MAT REQ 768434 PRINTER TONER/INKDB27625 715-1206-4305 240.03 MAT REQ 768434 PRINTER TONER/INKDB89229 715-1206-4305 39.29 MAT REQ 768434 PRINTER TONER/INKDC79918 715-1206-4305 52.03 5 ADDITIONAL ADOBE LICENSESDG77737 715-1206-4201 325.00 MAT REQ 768435 PRINTER TONER/INKDK94454 715-1206-4305 349.44 Total : 511.9209632 100913 10/19/2022 CLEAN ENERGY CE12531188 COMPRESSED NATURAL GAS/SEPT2209694 715-3104-4310 62.52 37 10/19/2022 Check Register CITY OF HERMOSA BEACH 3 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 62.52 100913 10/19/2022 CLEAN ENERGY09694 100914 10/19/2022 COMPLETES PLUS CUST#284080 VEHICLE MAINT/REPAIR PARTS/SEPT2209436 715-2101-4311 242.03 715-3104-4311 56.65 715-3302-4311 519.67 715-4202-4311 180.84 715-6101-4311 171.57 Total : 1,170.7609436 100915 10/19/2022 DEANDA, JULIAN JESUS Citation 44013302 OVERPAYMENT @DMV22720 001-3302 78.00 Total : 78.0022720 100916 10/19/2022 DEPARTMENT OF JUSTICE 607818 MAT REQ 938960/FINGERPRINTING/SEPT2200364 001-1203-4251 288.00 Total : 288.0000364 100917 10/19/2022 DEWEY PEST CONTROL Acct 1233239 SEWER RAT ABATEMENT/OCT2211449 160-3102-4201 278.00 PEST CONTROL/OCT22Acct 759408 001-4204-4201 849.00 Total : 1,127.0011449 100918 10/19/2022 DIV OF THE STATE ARCHITECT PO 38417 3RD QUARTER CASP FEE PAYMENT18263 001-6851 289.90 Total : 289.9018263 100919 10/19/2022 EMERGENCY RESPONSE CRIME SCENE T2022-459 CLEAN/DISINFECT HOLDING CELL 10.2.2216922 001-2101-4201 950.00 Total : 950.0016922 100920 10/19/2022 FEDEX OFFICE 10160520H1 MAT REQ 768517 PRINTING SERVICES06293 001-1101-4305 2.63 Total : 2.6306293 100921 10/19/2022 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/OCT2219884 001-2101-4304 913.19 Total : 913.1919884 38 10/19/2022 Check Register CITY OF HERMOSA BEACH 4 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100922 10/19/2022 FRONTIER 310-318-9210-0827185 PD JAIL BREATHALYZER/OCT2219884 001-2101-4304 82.99 Total : 82.9919884 100923 10/19/2022 FRONTIER 310-372-6373-0311045 PERSONNEL FAX LINE/OCT2219884 001-1203-4304 66.19 Total : 66.1919884 100924 10/19/2022 GRAINGER 9466325876 MAT REQ 939019/MAINTENANCE SUPPLIES10836 001-4204-4309 57.69 MAT REQ 938834/MAINTENANCE SUPPLIES9468030953 715-4206-4309 154.91 MAT REQ 938836/MAINTENANCE SUPPLIES9468275178 715-4206-4309 152.12 MAT REQ 938837 RETURNED ITEMS9477130588 715-4206-4309 -214.46 MAT REQ 938835 RETURNED ITEMS9477130596 715-4206-4309 -154.91 MAT REQ 938833/MAINTENANCE SUPPLIES9477850151 715-3104-4311 126.28 Total : 121.6310836 100925 10/19/2022 HAJOCA CORPORATION S166098904.001 MAT REQ 583894 PLUMBING SUPPLIES13330 001-6101-4309 573.30 MAT REQ 583894 PLUMBING SUPPLIESS166098904.002 001-6101-4309 184.44 Total : 757.7413330 100926 10/19/2022 HOWORTH, AMY T.R#2001161.002 THEATRE DAMAGE DEPOSIT22724 001-2111 500.00 Total : 500.0022724 100927 10/19/2022 IGE, NICOLE Citation 39022464 CITATION REFUND - PARTIAL22718 001-3302 28.00 Total : 28.0022718 100928 10/19/2022 IPS GROUP INC INV76713 PARKING METER/CC FEES/SEPT2219314 001-3302-4201 18,633.05 001-3304-4201 923.74 001-3305-4201 642.71 39 10/19/2022 Check Register CITY OF HERMOSA BEACH 5 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 20,199.50 100928 10/19/2022 IPS GROUP INC19314 100929 10/19/2022 JOHN L HUNTER AND ASSOC INC HB1MS412208 STORMWATER PROGRAM ASSISTANCE/AUG2205356 161-3109-4201 15,717.75 Total : 15,717.7505356 100930 10/19/2022 JONES, JOHN RILEY 0000011 PARKS MASTER PLAN MGMT/SVS THRU 10.6.2222496 301-8538-4201 5,000.00 Total : 5,000.0022496 100931 10/19/2022 LA CO SHERIFFS DEPARTMENT 230664BL MAT REQ 938927/INMATE MEALS/SEPT2200151 001-2101-4306 248.40 Total : 248.4000151 100932 10/19/2022 LA COUNTY REGISTRAR RECORDER 23-4011 SIGNATURE VERFICATION CHARGES22615 001-1121-4251 1,778.21 Total : 1,778.2122615 100933 10/19/2022 MERCHANTS LANDSCAPE SERVICES 60559 CONVERT IRRIGATION TO DRIP SYSTEM18071 001-6101-4201 2,400.00 Total : 2,400.0018071 100934 10/19/2022 MID-CITY MAILING SERVICES CORP 27695 ELECTION MAILER #2 PRINTING & POSTAGE16541 001-1201-4201 2,559.00 001-4201-4305 1,511.43 Total : 4,070.4316541 100935 10/19/2022 MILLER PLANNING ASSOCIATES LLC 20007-0922-22 ZONING & SUBDIV ORDINANCE UPDATES/SEPT2221660 001-4105-4201 7,473.75 Total : 7,473.7521660 100936 10/19/2022 MUZA ENERGY, INC.20220929 ELECTRICAL VEHICLE CHARGER 50% DEPOSIT22305 301-8617-4201 4,838.00 Total : 4,838.0022305 100937 10/19/2022 NETRIX LLC CI-003043 IT SUPPORT SERVICES/OCT2211539 715-1206-4201 16,364.21 CABLES FOR SWITCH UPGRADEDI-002670 715-1206-5402 380.00 715-1206-5402 36.10 40 10/19/2022 Check Register CITY OF HERMOSA BEACH 6 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100937 10/19/2022 (Continued)NETRIX LLC11539 3 YR ARUBA CENTRAL SUBSCRIPTIONDI-002702 715-1206-5402 933.00 SWITCH UPGRADE PROJECT PYMT 1 OF 2INV001884 715-1206-4201 9,250.00 DATTO SERVICES - INFINITE CLOUD/OCT22SI-000537 715-1206-4201 1,957.55 Total : 28,920.8611539 100938 10/19/2022 NUVIS LANDSCAPE ARCHITECTURE 25898 PICKLEBALL COURT IMPROVEMENTS/JUL2218996 301-8619-4201 2,480.50 Total : 2,480.5018996 100939 10/19/2022 PARKS COFFEE CALIFORNIA, INC.70101172 PD COFFEE SERVICE/RENTAL/OCT2222071 001-2101-4305 62.90 001-2101-4306 62.91 Total : 125.8122071 100940 10/19/2022 PLUMBERS DEPOT INC PD-51832 SEWER SNAKE15103 160-3102-4309 900.00 160-3102-4309 85.50 Total : 985.5015103 100941 10/19/2022 POWERDMS, INC.INV-26722 PLAN-IT SCHEDULING PROGRAM SUBSCRIPTION18049 001-2101-4201 3,000.00 Total : 3,000.0018049 100942 10/19/2022 PROVIDENCE MEDICAL GuarantorID600000284 MAT REQ 938961 PRE-EMPLOYMENT EXAM01911 001-1203-4320 55.00 Total : 55.0001911 100943 10/19/2022 ROCKLER WOODWORKING & HARDWARE 10041438 MAT REQ 938457 WOODWORK SUPPLIES22669 001-6101-4309 419.29 Total : 419.2922669 100944 10/19/2022 RYDIN DECAL 398282 WHITE HANG TAGS09870 001-1204-4305 329.50 001-1204-4305 46.60 Total : 376.1009870 41 10/19/2022 Check Register CITY OF HERMOSA BEACH 7 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100945 10/19/2022 SIGNVERTISE 10706 MAT REQ 583810 BANNER REMOVAL@PIER PLAZA09491 001-4202-4201 165.00 Total : 165.0009491 100946 10/19/2022 SOCAL GAS 170-781-3287 9 YARD CNG FUEL/SEPT2200170 715-3104-4310 125.82 715-4204-4310 125.83 715-6101-4310 125.83 Total : 377.4800170 100947 10/19/2022 SOCAL GAS 011 004 5767 8 CITY-OWNED BLDGS/NATURAL GAS/SEPT2200170 001-4204-4303 26.14 Total : 26.1400170 100948 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700156101336 ELECTRICITY/SEPT2200159 001-4204-4303 21,441.48 001-6101-4303 325.32 Total : 21,766.8000159 100949 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700313445137 ELECTRICITY/SEPT2200159 105-2601-4303 16,747.56 Total : 16,747.5600159 100950 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700234897163 ELECTRICITY/SEPT2200159 001-3304-4303 4,316.68 Total : 4,316.6800159 100951 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700338055956 ELECTRICITY/SEPT2200159 001-4204-4303 2,963.78 Total : 2,963.7800159 100952 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700222378305 ELECTRICITY/SEPT2200159 001-6101-4303 2,670.33 Total : 2,670.3300159 100953 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700371314327 ELECTRICITY/SEPT2200159 105-2601-4303 139.86 Total : 139.8600159 100954 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700057262780 ELECTRICITY/SEPT2200159 42 10/19/2022 Check Register CITY OF HERMOSA BEACH 8 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 100954 10/19/2022 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 105-2601-4303 68.45 Total : 68.4500159 100955 10/19/2022 SOUTHERN CALIFORNIA EDISON CO 700304673105 ELECTRICITY/SEPT2200159 160-3102-4201 23.36 Total : 23.3600159 100956 10/19/2022 SOUTHERN CALIFORNIA NEWS GROUP 0000550765 MAT REQ 638688 DAILY BREEZE LEGAL NOTICE19623 001-1121-4323 522.72 Total : 522.7219623 100957 10/19/2022 SPCALA 2022-0930 ANIMAL SHELTERING SERVICES/SEPT2218821 001-3302-4201 661.00 Total : 661.0018821 100958 10/19/2022 SPECIALIZED ELEVATOR SERVICES 48332 PARKING STRUCTURE ELEVATOR MAINT/OCT2221538 001-3304-4201 190.06 CITY HALL ELEVATOR MAINT/OCT2248333 001-4204-4201 190.06 Total : 380.1221538 100959 10/19/2022 SPECTRUM BUSINESS 8448 30 030 0046247 CITY HALL CABLE/OCT2220236 715-4204-4201 114.87 Total : 114.8720236 100960 10/19/2022 SPORTS CAMP MANAGEMENT PO 38360 INSTRUCTOR PYMT CLASSES THRU 9.26.2218036 001-4601-4221 929.09 Total : 929.0918036 100961 10/19/2022 UNDERGROUND SERVICE ALERT 22-2301028 SAFE EXCAVATION FEE/SEPT2208207 160-3102-4201 36.61 UNDERGROUND SERVICE TICKETS/SEPT22920220331 160-3102-4201 158.75 Total : 195.3608207 100962 10/19/2022 UNITED SITE SERVICES 114-13362764 TOILET RENTAL/SOUTH PARK/SEPT2218753 301-8669-4201 1,878.46 TOILET RENTAL/CLARK FIELD/SEPT22114-13362765 301-8669-4201 2,240.64 43 10/19/2022 Check Register CITY OF HERMOSA BEACH 9 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 4,119.10 100962 10/19/2022 UNITED SITE SERVICES18753 100963 10/19/2022 V & V MANUFACTURING, INC.55795 BADGES & CASES FOR 2 SERGEANTS01938 001-2101-4314 469.70 001-2101-4314 44.62 Total : 514.3201938 100964 10/19/2022 VICTOR STANLEY, INC.SI51440/PO37760 3 TRASH CANS FOR PIER & HERMOSA AVE22634 001-3301-4201 5,839.12 Total : 5,839.1222634 100965 10/19/2022 WESTERN AUDIO VISUAL 17262 FY23 AUDIO/VISUAL MAINTENANCE CONTRACT22022 715-4204-4201 5,584.50 Total : 5,584.5022022 100966 10/19/2022 WHITAKER, ROBERT Citation 32024884 PARTIAL REFUND - CORRECTION SUBMITTED22719 001-3302 28.00 Total : 28.0022719 100967 10/19/2022 ZUMAR INDUSTRIES INC 97895 MAT REQ 583797/STREET SIGN MAINTENANCE01206 001-3104-4309 676.32 MAT REQ 583799/STREET SIGN MAINTENANCE97916 001-3104-4309 593.02 MAT REQ 583800/STREET SIGN MAINTENANCE97917 001-3104-4309 566.66 Total : 1,836.0001206 Bank total : 254,401.27 62 Vouchers for bank code :boa 254,401.27Total vouchers :Vouchers in this report 62 44 10/19/2022 Check Register CITY OF HERMOSA BEACH 10 5:25:16PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check register for 10/19/2022 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 10/19/22 45 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0691 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR SEPTEMBER 2022 (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council receive and file the September 2022 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 (LACoFD)and McCormick Ambulance information and continues to be uploaded to the website.The following report provides details regarding services provided for the month of September 2022. 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 City Council agenda,the monthly reports began to appear. The enclosed report reflects the services for September 2022. Past Board, Commission and Council Actions Meeting Date Description February 11, 2020 (Regular Meeting) City Council requested monthly reports be placed onto the City Council agenda under consent calendar. July 14, 2020 (Regular Meeting) Monthly reports began on City Council consent agenda. Discussion: The September 2022 monthly report provides an overview of services provided by LACoFD andCity of Hermosa Beach Printed on 10/28/2022Page 1 of 5 powered by Legistar™46 Staff Report REPORT 22-0691 The September 2022 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1:September 2022 LACoFD and McCormick Ambulance Monthly Report). Los Angeles County Fire Department (LACoFD) LACoFD and McCormick Ambulance work together to provide emergency medical services (EMS)to the Hermosa Beach community.LACoFD has two apparatus stationed at Station 100 including:one assessment engine (Engine 100)staffed with a Fire Captain,a Fire Engineer and a Firefighter Paramedic;and a paramedic squad (Squad 100)staffed with two Firefighter Paramedics.The paramedic squad (Squad 100)only responds to calls for service exclusively within the City of Hermosa Beach.It does not provide mutual aid,thereby remaining available for calls within Hermosa Beach. Each of the LACoFD apparatus has the capability of providing basic emergency medical care known as Basic Life Support (BLS)to medical patients.In addition,the paramedic squad has advanced equipment including medications and responds from within the City to address Advanced Life Support (ALS) calls, such as a stroke or heart attack. McCormick Ambulance is one of the emergency medical transport companies within Los Angeles County.LACoFD does not conduct patient transport;therefore,unincorporated areas are included in the fire department transport contracts with various providers.Contract cities are responsible for negotiating and contracting with a medical transport provider for their community.Within the South Bay,many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach. When LACoFD is dispatched,McCormick Ambulance may also be dispatched as the City’s emergency medical transportation provider.LACoFD provides life-saving medical care on scene and continues ALS level care as the patient is transported to a local hospital.In the case of a BLS level call,monitoring and care are safely provided by one of the two Emergency Medical Technicians (EMTs) assigned to the responding ambulance. LACoFD follows industry standards developed by the National Fire Protection Association (NFPA), which outlines call transfer times and total response times.The NFPA standard for call transfer time is that each call will be answered within 60 seconds 90 percent of the time.Additionally,responding units are to be enroute within 60 seconds to EMS related calls and 80 seconds for structure fire calls. NFPA further stipulates that for EMS calls,responding units must arrive on scene within 8 minutes and 59 seconds 90 percent of the time. The September 2022 call transfer report provided by LACoFD indicates that there were a total of five calls with a transfer time longer than the NFPA standard.The calls received during periods of City of Hermosa Beach Printed on 10/28/2022Page 2 of 5 powered by Legistar™47 Staff Report REPORT 22-0691 calls with a transfer time longer than the NFPA standard.The calls received during periods of increased call volume in the dispatch center. Table 1 below provides the response details for the five incidents in Hermosa Beach. Table 1: NFPA Standard Exceedance-Response Details Date Call Type Call Transfer Time Length of Transfer LACoFD Dispatch Time On Scene Time Length of Arrival Total Response Time September 3 Sick ALS 9:37 159 seconds 09:41 13:03 4 minutes 6 minutes 39 seconds September 10 Sick ALS 8:38 84 seconds 08:48 17:01 9 minutes 10 minutes 24 seconds September 23 Injury BLS 23:47 90 seconds 23:47 23:51 4 minutes 5 minutes 30 seconds September 23 Injury ALS 9:05 67 seconds 9:07 9:10 3 minutes 4 minutes 7 seconds September 27 Sick ALS 17:44 151 seconds 17:46 17:49 3 minutes 5 minutes 31 seconds Table definitions ·Call Transfer Time:The exact time when the call was transferred from South Bay Regional Public Communications Authority also known as Regional Communications Center (RCC). ·Length of Transfer:The length of time that it took from LACoFD dispatch center to answer the call from RCC. ·LACoFD Dispatch Time:The time in which appropriate fire apparatus were dispatched to the incident. ·On Scene Time: The time in which the dispatched units arrived at the incident location. ·Length of Arrival: The time between when the unit was dispatched and arrived on scene. ·Total Response Time:The total combined time between the call transfer time and the length of time arriving units on scene. McCormick Ambulance McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients independently and,with the support of LACoFD paramedics riding in the ambulance,can also City of Hermosa Beach Printed on 10/28/2022Page 3 of 5 powered by Legistar™48 Staff Report REPORT 22-0691 transport ALS patients. In September 2022,McCormick Ambulance responded to 71 calls for services within the City of Hermosa Beach.The September 2022 report indicated that 22 calls resulted in delayed Code 3 responses,which is five less than what was reported in the August 2022 report.There were three delayed Code 2 responses in September 2022,which is the same amount of delayed Code 2 calls from August 2022.A Code 3 response is one where the responding emergency units are driving with lights and sirens to a presumed life-threatening emergency,which is typically classified as an ALS call.According to the McCormick Ambulance contract,“response time must not exceed eight (8) minutes,fifty-nine (59)seconds”for a Code 3 incident.A Code 2 response is one where the responding emergency units are driving with lights and sirens to an emergency classified as a basic life support or BLS call. Staff reviewed the September 2022 McCormick Ambulance monthly report.The following outlines the reasons for the delayed responses: ·Multiple Calls: (12) The dispatch center received multiple calls at the same time; ·Distance:(7)Based on the location the ambulance begins the response to the City,it could impact the response time.The City contract does not have a unit permanently stationed within Hermosa Beach;therefore,the responding ambulance often begins the response outside of the City; ·Crew Error: (1) The crew responded to the wrong address; and ·APOT:(5)Ambulance Patient Offload Time happens when there are 3 or more ambulances at a hospital waiting at least 30 minutes to transfer care of the patient from the ambulance crew to the hospital for continuation of care. McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times,issuance of personnel performance notices when mandatory response requirements are not met,and the release of personnel upon continued performance issues.McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery. Although the emergency medical transport units were delayed in arriving on scene within the allowable timeframe for 25 calls in September 2022,patients were provided timely life-saving emergency medical care on scene by Los Angeles County Fire Department paramedics.When LACoFD arrives on scene,it takes paramedics 5 to 10 minutes to conduct the required treatment protocols prior to commencing transport with McCormick Ambulance.During the patient treatment phase,the requested ambulance is typically on scene waiting for the paramedics to complete their treatment protocols even if the ambulance response is delayed.Los Angeles County Fire Department and McCormick Ambulance are committed to providing excellent emergency medical care,customer City of Hermosa Beach Printed on 10/28/2022Page 4 of 5 powered by Legistar™49 Staff Report REPORT 22-0691 service, and response to the residents and visitors of Hermosa Beach. 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 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. Fiscal Impact: Fire and ambulance services are contracted and accounted for during the annual budget process. Attachments: 1.Fire and Ambulance Monthly Report-September 2022 Respectfully Submitted by: Sara Russo, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 5 of 5 powered by Legistar™50 E100 S100 Total FIRE, EXPLOSION 118 ‐ Trash or rubbish fire, contained 1               1                   0.356% FIRE, EXPLOSION Total 1               ‐            1                   0.356% RESCUE, EMS 300 ‐ Rescue, emergency medical call (EMS) call, other 18             14             32                 11.388% 311 ‐ Medical assist, assist EMS crew 6               6               12                 4.270% 320 ‐ Emergency medical service, other 7               3               10                 3.559% 321 ‐ EMS call, excluding vehicle accident with injury 72             60             132               46.975% RESCUE, EMS Total 103           83             186               66.192% OVERPRESSURE, RUPTURE, EXPLOSION, OVERHEAT 220 ‐ Overpressure rupture from air or gas, other 1               1                   0.356% OVERPRESSURE, RUPTURE, EXPLOSION, OVERHEAT Total 1               ‐            1                   0.356% HAZARDOUS CONDITION 440 ‐ Electrical  wiring/equipment problem, other 2               2                   0.712% HAZARDOUS CONDITION Total 2               ‐            2                   0.712% SERVICE CALL 500 ‐ Service Call, other 1               1                   0.356% 520 ‐ Water problem, other 1               1                   0.356% 522 ‐ Water or steam leak 1               1                   0.356% 550 ‐ Public service assistance, other 1               1                   0.356% SERVICE CALL Total 4               ‐            4                   1.423% GOOD INTENT CALL 600 ‐ Good intent call, other 11             4               15                 5.338% 611 ‐ Dispatched & cancelled enroute 35             11             46                 16.370% 622 ‐ No incident found on arrival at dispatch address 1               1                   0.356% GOOD INTENT CALL Total 47             15             62                 22.064% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 1               1                   0.356% 730 ‐ System malfunction, other 1               1                   0.356% 735 ‐ Alarm system sounded due to malfunction 1               1                   0.356% FALSE ALARM, FALSE CALL Total 3               ‐            3                   1.068% SPECIAL OR OTHER INCIDENT TYPE 900 ‐ Special type of incident, other 15             7               22                 7.829% SPECIAL OR OTHER INCIDENT TYPE Total 15             7               22                 7.829% Grand Total 176           105           281               100.000% Note: Data based on updated fireview ‐ apparatus 2022 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF SEPTEMBER 2022 Incident Type UNIT RESPONSES Percentage 51 DAY OF THE WEEK E100 S100 Total Sunday 33 24 57                Monday 32 23 55                Tuesday 7 7 14                Wednesday 20 5 25                Thursday 24 11 35                Friday 34 15 49                Saturday 26 20 46                Grand Total 176            105            281            Note: Data based on updated fireview ‐ apparatus 2022 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF SEPTEMBER 2022 UNIT RESPONSES 0 5 10 15 20 25 30 35 40 E100 S100 52 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 8                  7                 15              01:00:00 TO 01:59:59 8                  3                 11              02:00:00 TO 02:59:59 7                  5                 12              03:00:00 TO 03:59:59 5                  3                 8                 04:00:00 TO 04:59:59 5                  5                 10              05:00:00 TO 05:59:59 6                  2                 8                 06:00:00 TO 06:59:59 2                  1                 3                 07:00:00 TO 07:59:59 3                  1                 4                 08:00:00 TO 08:59:59 5                  3                 8                 09:00:00 TO 09:59:59 14               9                 23              10:00:00 TO 10:59:59 1                  1                 11:00:00 TO 11:59:59 6                  4                 10              12:00:00 TO 12:59:59 11               8                 19              13:00:00 TO 13:59:59 7                  2                 9                 14:00:00 TO 14:59:59 10               3                 13              15:00:00 TO 15:59:59 12               6                 18              16:00:00 TO 16:59:59 5                  4                 9                 17:00:00 TO 17:59:59 8                  6                 14              18:00:00 TO 18:59:59 14               10              24              19:00:00 TO 19:59:59 6                  5                 11              20:00:00 TO 20:59:59 13               7                 20              21:00:00 TO 21:59:59 4                  3                 7                 22:00:00 TO 22:59:59 6                  4                 10              23:00:00 TO 23:59:59 10               4                 14              Grand Total 176             105            281            Note: Data based on updated fireview ‐ apparatus 2022 data.  Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF SEPTEMBER 2022 UNIT RESPONSES  ‐  2  4  6  8  10  12  14  16 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100 S100 53 Ad Hoc Report: Name: Date: Description: Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 9/1/2022 03:56:26 HERM BCH 2 911 Calls WPH2 9/1/2022 13:07:51 HERM BCH 2 911 Calls WPH2 9/1/2022 14:03:51 HERM BCH 2 911 Calls WPH2 9/1/2022 14:04:41 HERM BCH 2 911 Calls WPH2 9/1/2022 12:43:42 HERMOSA BEACH 2 911 Calls VOIP 9/1/2022 17:59:34 HERMOSA BEACH 2 911 Calls RESD 9/1/2022 09:04:26 HMB 2 911 Calls WPH2 9/2/2022 15:09:37 HERM BCH 2 911 Calls WPH2 9/3/2022 18:45:48 HERM BCH 2 911 Calls WPH2 9/3/2022 21:35:41 HERM BCH 2 911 Calls WPH2 9/3/2022 21:38:29 HERM BCH 2 911 Calls WPH2 9/3/2022 00:05:34 HERMOSA BEACH 159 911 Calls WPH2 9/4/2022 02:22:49 HERM BCH 2 911 Calls WPH2 9/4/2022 09:10:56 HERM BCH 2 911 Calls WPH2 9/4/2022 19:48:44 HERM BCH 2 911 Calls WPH2 9/4/2022 20:46:10 HERM BCH 2 911 Calls WPH2 9/4/2022 14:28:26 HERMOSA BEACH 2 911 Calls BUSN 9/4/2022 23:19:08 HERMOSA BEACH 2 911 Calls WPH2 9/5/2022 02:02:10 HERM BCH 2 911 Calls WPH2 9/5/2022 05:05:18 HERM BCH 2 911 Calls WPH2 9/5/2022 11:54:38 HERM BCH 2 911 Calls WPH2 9/5/2022 17:49:19 HERM BCH 2 911 Calls WPH2 9/5/2022 20:34:38 HERM BCH 2 911 Calls WPH2 9/5/2022 03:15:46 HERMOSA BEACH 2 911 Calls VOIP 9/5/2022 04:41:43 HERMOSA BEACH 2 911 Calls WPH2 9/5/2022 12:45:04 HMB 2 911 Calls WPH2 9/9/2022 02:52:19 HERM BCH 2 911 Calls WPH2 9/9/2022 12:03:23 HERMOSA BEACH 2 911 Calls RESD 9/9/2022 20:40:33 HERMOSA BEACH 17 911 Calls WPH2 9/9/2022 11:41:49 HMB 2 911 Calls WPH2 9/9/2022 18:04:37 HMB 2 911 Calls WPH2 9/10/2022 00:04:30 HERM BCH 84 911 Calls WPH2 9/10/2022 12:01:14 HERMOSA BEACH 2 911 Calls RESD 9/11/2022 00:21:25 HERMOSA BEACH 2 911 Calls WPH2 9/11/2022 05:11:25 HERMOSA BEACH 51 911 Calls VOIP 9/11/2022 05:16:19 HERMOSA BEACH 2 911 Calls VOIP 9/11/2022 17:47:46 HERMOSA BEACH 1 911 Calls BUSN 9/12/2022 08:20:13 HERM BCH 2 911 Calls WPH2 9/12/2022 08:20:49 HERMOSA BEACH 35 911 Calls BUSN Hermosa Call Answer Time 10/4/2022 September 2022 Los Angeles County Fire 54 9/12/2022 23:08:37 HERMOSA BEACH 1 911 Calls VOIP 9/12/2022 23:15:17 HERMOSA BEACH 2 911 Calls VOIP 9/13/2022 18:55:25 HERM BCH 2 911 Calls WPH2 9/13/2022 04:08:06 HERMOSA BEACH 2 911 Calls BUSN 9/15/2022 17:24:24 HERM BCH 2 911 Calls WPH2 9/15/2022 05:27:22 HERMOSA BEACH 40 911 Calls RESD 9/15/2022 13:36:30 HERMOSA BEACH 2 911 Calls VOIP 9/16/2022 15:26:16 HERM BCH 2 911 Calls WPH2 9/16/2022 16:49:27 HMB 2 911 Calls WPH2 9/17/2022 00:56:41 HERM BCH 33 911 Calls WPH2 9/17/2022 06:29:28 HERM BCH 2 911 Calls WPH2 9/17/2022 11:20:10 HERM BCH 2 911 Calls WPH2 9/17/2022 16:49:59 HERM BCH 2 911 Calls WPH2 9/17/2022 17:04:50 HERM BCH 3 911 Calls WPH2 9/17/2022 16:50:26 HERMOSA BEACH 2 911 Calls WPH2 9/17/2022 19:04:02 HERMOSA BEACH 2 911 Calls WPH2 9/18/2022 01:22:11 HERM BCH 2 911 Calls WPH2 9/18/2022 15:07:02 HERM BCH 2 911 Calls WPH2 9/19/2022 01:29:40 HERM BCH 2 911 Calls WPH2 9/19/2022 01:30:56 HERM BCH 2 911 Calls WPH2 9/19/2022 01:30:58 HERM BCH 19 911 Calls WPH2 9/19/2022 03:14:20 HERM BCH 2 911 Calls WPH2 9/19/2022 15:33:00 HMB 2 911 Calls WPH2 9/21/2022 15:09:36 HERMOSA BEACH 2 911 Calls VOIP 9/21/2022 08:35:48 HMB 2 911 Calls WPH2 9/23/2022 23:47:03 HERM BCH 90 911 Calls WPH2 9/23/2022 05:22:46 HERMOSA BEACH 49 911 Calls WPH2 9/23/2022 09:04:37 HERMOSA BEACH 67 911 Calls VOIP 9/24/2022 09:44:09 HERM BCH 21 911 Calls WPH2 9/24/2022 16:02:42 HERM BCH 46 911 Calls WPH2 9/24/2022 18:34:24 HERMOSA BEACH 2 911 Calls VOIP 9/24/2022 20:30:14 HERMOSA BEACH 3 911 Calls WPH2 9/24/2022 20:35:51 HERMOSA BEACH 2 911 Calls WPH2 9/25/2022 00:50:39 HERM BCH 2 911 Calls WPH2 9/25/2022 06:39:50 HERM BCH 2 911 Calls WPH2 9/25/2022 09:27:17 HERM BCH 2 911 Calls WPH2 9/25/2022 18:20:42 HERM BCH 2 911 Calls WPH2 9/25/2022 07:13:04 HERMOSA BEACH 2 911 Calls RESD 9/25/2022 23:49:17 HERMOSA BEACH 2 911 Calls RESD 9/26/2022 13:51:10 HERM BCH 2 911 Calls WPH2 9/26/2022 16:59:20 HERM BCH 2 911 Calls WPH2 9/26/2022 12:07:19 HMB 2 911 Calls WPH2 9/26/2022 20:49:28 HMB 47 911 Calls WPH2 9/27/2022 17:42:17 HERM BCH 151 911 Calls WPH2 9/27/2022 12:27:32 HERMOSA BEACH 1 911 Calls RESD 9/28/2022 18:42:57 HERM BCH 10 911 Calls WPH2 9/28/2022 18:43:01 HERM BCH 10 911 Calls WPH2 55 9/28/2022 19:12:56 HERM BCH 2 911 Calls WPH2 9/28/2022 15:17:26 HERMOSA BEACH 2 911 Calls VOIP 9/28/2022 18:42:17 HMB 2 911 Calls WPH2 9/28/2022 18:42:42 HMB 2 911 Calls WPH2 9/29/2022 01:08:57 HERM BCH 2 911 Calls WPH2 9/30/2022 12:26:21 HERM BCH 20 911 Calls WPH2 9/30/2022 22:51:55 HERM BCH 2 911 Calls WPH2 9/30/2022 09:35:39 HERMOSA BEACH 2 911 Calls VOIP Average Call Answer Time (Seconds)12 56 McCormick Ambulance September 2022 Total Number of Dispatched Calls Dispatched Calls Totals Transported 71 Cancelled 65 Grand Total 136 NOTE: None 71, 52%65, 48% Total Dispatched Calls Transported Cancelled 57 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 13 15 28 Monday 18 12 30 Tuesday 3 3 6 Wednesday 5 5 10 Thursday 11 5 16 Friday 13 12 25 Saturday 8 13 21 Grand Total 71 65 136 0 2 4 6 8 10 12 14 16 18 20 Completed Canceled 58 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 9 01:00:00 TO 01:59:59 6 02:00:00 TO 02:59:59 5 03:00:00 TO 03:59:59 5 04:00:00 TO 04:59:59 5 05:00:00 TO 05:59:59 3 06:00:00 TO 06:59:59 1 07:00:00 TO 07:59:59 1 08:00:00 TO 08:59:59 2 09:00:00 TO 09:59:59 10 10:00:00 TO 10:59:59 0 11:00:00 TO 11:59:59 6 12:00:00 TO 12:59:59 10 13:00:00 TO 13:59:59 3 14:00:00 TO 14:59:59 3 15:00:00 TO 15:59:59 10 16:00:00 TO 16:59:59 4 17:00:00 TO 17:59:59 11 18:00:00 TO 18:59:59 10 19:00:00 TO 19:59:59 7 20:00:00 TO 20:59:59 11 21:00:00 TO 21:59:59 4 22:00:00 TO 22:59:59 5 23:00:00 TO 23:59:59 5 Grand Total 136 59 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 11 22 0 33 Code 2: Response Time of 15:00 or less 35 3 0 38 Cancelled Responses 0 0 65 65 Grand Total 46 25 65 136 0 2 4 6 8 10 12 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59Time of Day Responses 60 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0706 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS, PURSUANT TO ASSEMBLY BILL 361 (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council authorize remote teleconference/virtual meetings of all City of Hermosa Beach legislative bodies in accordance with Assembly Bill 361 (“AB 361”),by finding that: (1)a statewide state of emergency is currently in place;and (2)state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and meeting in person would present imminent risks to the health or safety of attendees. Background: All meetings of the City’s legislative bodies are subject to the Ralph M.Brown Act (Gov.Code §§ 54950 et seq.)and must be open and public so that any member of the public may attend and participate in the meetings.Commencing in March of 2020,Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus,“COVID-19.”Among these were Executive Orders (“EO”)N-25-20,N-29-20, and N-35-20 (collectively,the “Brown Act Orders”)that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually. On June 11,2021,the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19.Notably,EO N-08-21 rescinded the Brown Act Orders,effective September 30,2021.On September 16,2021,Governor Newsom signed AB 361,which became effective October 1,2021,and amended the Brown Act to allow legislative bodies to meet virtually,without following the Brown Act’s standard teleconferencing rules,provided that the legislative body makes specific findings, which include the following: 1.A statewide state of emergency is currently in place; 2.State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and/or 3.Meeting in person would present imminent risks to the health or safety of attendees. City of Hermosa Beach Printed on 10/28/2022Page 1 of 2 powered by Legistar™61 Staff Report REPORT 22-0706 Continued compliance with AB 361 would require City Council to approve the action making the required findings at least every 30 days. Discussion: All three findings under AB 361 can be made given the current circumstances.The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic.The state of emergency currently remains in effect. Further,State officials,including the California Department of Public Health,have recommended measures to promote social distancing in connection with COVID-19,which are currently in place.Similarly,local officials,including the County Public Health Officer,have also recommended measures to promote social distancing in connection with COVID -19.In a recommendation dated September 28,2021,the County Public Health Officer stated that “utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease.” Finally,the City has determined that meeting in person would present imminent risks to the health or safety of attendees. Accordingly, all of the above-referenced AB 361 findings currently exist. If City Council thus desires to allow virtual meetings in order to both ensure the health and safety of the public,the legislative bodies of the City,and City staff,as well as continuity of government in allowing regularly-scheduled meetings to continue to occur without interruption,staff recommends City Council authorize virtual/teleconference meetings by making the findings set forth above. Alternative: If City Council does not make the findings pursuant to AB 361,the City would have to conduct its public meetings for City Council and other public boards and commissions in person and not have the option of conducting its meetings via teleconferencing. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: Assembly Bill 361 Respectfully Submitted by: Myra Maravilla, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 2 of 2 powered by Legistar™62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0699 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 RESOLUTION APPROVING THE 2022-2025 TERMS AND CONDITIONS OF EMPLOYMENT FOR THE UNREPRESENTED EMPLOYEE GROUP (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends City Council adopt a Resolution (Attachment 1)approving the terms and conditions of employment outlined in Exhibit A (Attachment 2)for the Unrepresented classifications for the 2022-2025 fiscal years. Executive Summary: Negotiations for a successor resolution between the City and the Unrepresented Employee Group have resulted in a tentative agreement.The City and the Unrepresented Employee Group met and conferred in accordance with the Meyers-Milias Brown Act and have reached a tentative agreement on the terms and conditions of employment.The terms of the tentative agreement is summarized below. The total cost of the negotiated changes is $7,248 for FY 2022-2023. Background: The Meyers-Milias Brown Act requires that local public agencies negotiate with its respective bargaining units regarding wages,hours,and working conditions.Agreements with the City’s bargaining units expired at the end of June and,under direction from the City Council,the Council approved City negotiating team has been in negotiations with each of the bargaining units for new terms. The City’s aim through labor negotiations is to maintain competitive wages,hours,and working conditions in a high-cost geographic labor market in order to retain and attract a high-quality workforce to serve our community across a range of services.Most position classifications in the City are comparable to those in other municipalities.The City contracted with Ralph Anderson & Associates to conduct a total compensation study using eleven “like”cities in the region for labor market comparisons. The City’s negotiating team met and conferred with representatives of the Unrepresented Employee City of Hermosa Beach Printed on 10/28/2022Page 1 of 3 powered by Legistar™82 Staff Report REPORT 22-0699 Group to discuss wages, hours, and other terms and conditions of employment contained in the resolution.This labor group consists of the following classifications:Executive Assistant to the City Manager;Human Resources Analyst;and Risk Management Analyst.The parties have reached a tentative agreement within the authority provided by City Council and on the terms described below.The members of Unrepresented Employee Group have agreed to the terms of the tentative agreement,set forth in the new resolution,hereby submitted to the City Council for approval. Analysis: The tentative agreement between the City and the Unrepresented Employee Group includes the following negotiated terms: 1.Term of the agreement to be July 1, 2022-June 30, 2025; 2.Wages: the parties agree to the following salary increases over the next three years: ·Effective July 1,2022,the salary schedule for all classifications shall be increased by three percent (3%). ·Effective July 1,2023,the salary schedule for all classifications shall be increased by three percent (3%). ·Effective July 1,2024,the salary schedule for all classifications shall be increased by three percent (3%). 3.Overtime:the classification of Risk Management Analyst shall be added to the list of classifications eligible for overtime compensation in accordance with the Fair Labor Standards Act (FLSA); 4.Sick Leave:effective July 1,2022,employees sick leave accrual rate shall increase from eight (8) hours per month to ten (10) hours per month; 5.Holidays:the parties agreed to add Juneteenth (June 19)and Cesar Chavez Day (March 31) to the list of City observed holidays; 6.Health and Welfare:effective January 1,2023,the parties agree to increase the City’s maximum monthly contribution to medical insurance from $1,786.50 to $1,875.39; and 7.Deferred Compensation:the parties agree the City shall match employee contributions up to $25.00 per month. City of Hermosa Beach Printed on 10/28/2022Page 2 of 3 powered by Legistar™83 Staff Report REPORT 22-0699 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. Policy: ·1.2:Strategic planning.Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. Fiscal Impact: The total cost of the negotiated changes is $7,248 for FY 2022-2023,which would be appropriated from the 2020-2021 Unspent Funds assigned fund balance of $2,467,816. Attachments: 1.Resolution of the City Council of the City of Hermosa Beach,California,Approving Salary and Benefits for Employees in the Unrepresented Classifications. 2.Exhibit A, City of Hermosa Beach Salary and Benefits for Unrepresented Classifications. 3.Redlined-Exhibit A,City of Hermosa Beach Salary and Benefits for Unrepresented Classifications. Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Concur: 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 10/28/2022Page 3 of 3 powered by Legistar™84 Page 1 of 2 RES NO. 22- CITY OF HERMOSA BEACH RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS. WHEREAS, the City of Hermosa Beach, California has employees in certain unrepresented classifications; and, WHEREAS, the City of Hermosa Beach shall establish a formal document to detail salary and benefits of employees in unrepresented classifications of employment; and, WHEREAS, the City of Hermosa Beach intends to make changes to the existing terms of employment for unrepresented classifications effective July 1, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Hermosa Beach resolves to approve the salary and benefits for unrepresented classifications as outlined in the attached “Exhibit A” effective for the period July 1, 2022 through and including June 30, 2025. SECTION 2. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. PASSED, APPROVED and ADOPTED on this 3rd day of November, 2022. Michael Detoy 85 Page 2 of 2 RES NO. 22- PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Michael Jenkins City Clerk City Attorney 86 EXHIBIT A City of Hermosa Beach Salary and Benefits for Unrepresented Classifications THE FOLLOWING SALARY AND BENEFIT PROVISIONS APPLY TO EMPLOYEES IN THE UNREPRESENTED CLASSIFICATIONS OF HUMAN RESOURCES ANALYST, RISK MANAGEMENT ANALYST AND EXECUTIVE ASSISTANT TO THE CITY MANAGER WAGES  Year 1: July 1, 2022 – June 30, 2023: Effective July 1, 2022: The base monthly salary shall be adjusted by 3% for all classifications. Monthly Salary Range TITLE Step 1 Step 2 Step 3 Step 4 Step 5 Executive Assistant to the City Manager $6,974 $7,323 $7,689 $8,073 $8,477 Human Resources Analyst $7,195 $7,555 $7,933 $8,330 $8,747 Risk Management Analyst $7,195 $7,555 $7,933 $8,330 $8,747  Year 2: July 1, 2023 – June 30, 2024: Effective July 1, 2023 the base monthly salary shall be adjusted by 3% for all classifications. Monthly Salary Range TITLE Step 1 Step 2 Step 3 Step 4 Step 5 Executive Assistant to the City Manager $7,183 $7,542 $7,919 $8,315 $8,731 Human Resources Analyst $7,411 $7,781 $8,170 $8,579 $9,009 Risk Management Analyst $7,411 $7,781 $8,170 $8,579 $9,009  Year 3: July 1, 2024 – June 30, 2025: Effective July 1, 2024 the base monthly salary shall be adjusted by 3% for all classifications. Monthly Salary Range TITLE Step 1 Step 2 Step 3 Step 4 Step 5 Executive Assistant to the City Manager $7,399 $7,769 $8,157 $8,565 $8,993 Human Resources Analyst $7,633 $8,015 $8,416 $8,837 $9,279 Risk Management Analyst $7,633 $8,015 $8,416 $8,837 $9,279  Step increase is dependent upon employee receiving an overall performance evaluation of being fully qualified. 87 1 EDUCATIONAL ALLOWANCE A. City agrees that employees who desire to enroll in training and/or academic courses at a State of California approved and/or recognized college or university that may provide the Employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances promotional opportunities shall have their course fees, books and tuition (up to CSU rates) paid by the City in advance, subject to approval of the City Manager. The Employee will reimburse the City for all expenses incurred for any class or classes the Employee fails or does not complete; or if the Employee voluntarily leaves City employment during the period they are enrolled and received payment. B. Reimbursement of tuition shall be on a pro-rated basis depending upon the number of hours an Employee covered by this Agreement is normally scheduled to work (i.e. full time @ 100% reimbursement, up to CSU rates; half time @ 50% reimbursement, etc.). VACATION A. It is agreed that the above unrepresented classifications shall accrue vacation as follows: Years of Service Accrued Per Year * Probation Period 1st Year 80 hours Commencing with 2nd Year 80 hours “ “ 4th Year 96 hours “ “ 6th Year 112 hours “ “ 10th Year 128 hours “ “ 14th Year 144 hours “ “ 18th Year 160 hours B. Employees may request (subject to Department Director’s approval) one (1) week of vacation six (6) months after hire date (after halfway point of probationary period). C. Vacation may be accrued up to thirty (30) mont h accrual level, with an automatic cash-out of hours in excess of that amount. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. D. Employees shall be reimbursed for 100% unused vacation days accrued upon resignation, retirement or imposed termination from their employment with the City. OVERTIME A. For FLSA purposes a "WORK-WEEK" shall be defined as: 88 2 1. For employees working a 5/40 or 4/40 schedule: commencing at 0001 hrs. SUNDAY and terminating at 2400 hrs. SATURDAY. 2. For employees working a 9/80 schedule: commencing 1101 hrs. Friday and terminating the following Friday at 1100 hrs. B. The City agrees to pay employees in the following classifications time and one-half (1-1/2) the regular rate of pay for all hours worked in excess of forty (40) hours worked in a work week. Overtime may be paid in either cash or compensatory time earned as part of the regular payroll process. The City will pay overtime to employees in eligible classifications in the same manner as paid to the General & Supervisory Employees Association. C. Employees may elect to cash-in accrued compensatory time quarterly each calendar year in January, April, July, and October. D. Classifications eligible for overtime compensation in accordance with the FLSA include: Human Resources Analyst Executive Assistant to the City Manager Risk Management Analyst SICK LEAVE A. Effective July 1, 2022, employees shall accrue sick leave at the rate often (10) hours per month. After 200 hours are accrued, an employee may cash out annually up to a maximum of 96 hours at the employee’s regular rate of pay at 100% rate. In lieu of cash out, employees may convert up to a maximum of 96 hours to vacation time provided that the vacation bank does not exceed allowed maximum level. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. B. Sick leave shall be used only in case of sickness or disability of the employee or for family sick leave. Misuse of sick leave shall be grounds for disciplinary action. C. In case of serious illness of a member of the immediate family, the employee may utilize sick leave. Immediate family for the purpose of this Section shall be defined as: spouse, child, stepchild, parent, stepparent, parent -in-law, brother, sister, grandparents, grandchildren, any relative not previously listed who live s in the same household as the employee, and a domestic partner of the employee. D. Any employee claiming a domestic partner, for purposes of this Agreement shall complete a confidential affidavit to be filed in the Human Resources Department, which shall be signed by the employee only, declaring the existence of a domestic partnership with a named domestic partner. By extending to a domestic partner 89 3 employee the specific benefits defined by this Agreement, the City does not intend to confer or imply any other unspecified benefits to such employee, or to any oth er person who may hold the status of domestic partner. E. Employees may, upon resignation or retirement from their employment with the City, elect to be paid for unused sick leave accrued prior to June 30, 2017, at their current rate of pay. Except as provided in A above, unused sick leave accrued after June 30, 2017, shall not be cashed out. Pursuant to Government Code § 20965, related CalPERS, rules and the City’s contract with CalPERS, upon retirement from City employment, an employee’s unused accumulated sick leave at the time of retirement may be converted to additional service credit. F. Employees shall be eligible to use sick leave during their probationary period. BEREAVEMENT LEAVE Each Employee shall receive a maximum of three (3) shifts per calendar year to be utilized for Bereavement Leave because of a death in their immediate family (as defined above ). For the purposes of bereavement leave, parent in-law, step-children and parents, and persons living within the same household are to be considered in the definition of “immediate family”. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave be provided. The Department Director shall, if possible, grant approval of two (2) additional shift s in the event of a death that requires extended travel. JURY DUTY If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner’s Jury, Employees covered by this Agreement shall remain in their regular pay status in accordance with the City’s Administrative Policy on Jury Pay. All jury fees except mileage reimbursement shall be returned to the City. MILITARY LEAVE All Employees covered by this Agreement shall be entitled to Military Leave as afforded by Federal and State law but shall not receive any base salary pay while on such Leave. HOLIDAYS A. Effective July 1, 2022, employees shall receive 110 hours per year for the following holidays off with pay: New Year’s Day; Martin Luther King, Jr.’s Birthday; President’s Day; Cesar Chavez Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Christmas Day. B. When a holiday falls on a normal day off, Employees shall receive Holiday Compensation Time. Employees covered by this Agreement ma y accrue up to 90 4 100 hours of Holiday Compensation Time for those holidays in which compensatory time is earned. However, when a holiday falls on a Sunday, it will be observed on the following Monday. For all holidays that fall on a Friday or Saturday, City Hall offices will be open regular hours on Monday and employees will receive compensatory time. The City will provide a holiday schedule prior to January 1 of each year. C. All employees covered by this Resolution, will receive ten (10) hours of Holiday Flex Time for the following purpose: these ten hours can only be used for either Christmas Eve (December 24th) or New Year’s Eve (December 31st). The hours may also be split into two days, using 5 hours each day (applies to Christmas Eve and New Years’ Eve only). Taking into consideration the employee’s preference, Department Directors will coordinate such leave to ensure there is adequate coverage for the department. RETIREMENT A. Tier I. The City provides the PERS 2% at 55 Plan with one year final compensation to current employees. The City paid the employee’s full 7% contribution to PERS through December 31, 2012. The City reported to P.E.R.S. the value of the 7% employer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). Tier II. For new employees hired after July 2011 the PERS retirement benefit formula shall be the 2% @ 60 plan, with retirement benefits calculated on one year final compensation. This became effective once a new contract with PERS was signed. The City paid the employee’s 7% contribution to PERS. The City reported to P.E.R.S. the value of the 7% employer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). Member contribution: Each employee in the bargaining unit shall pay the full seven percent (7%) PERS member contribution by payroll deduction as follows: 1. Effective January 1, 2013, by 2.5% 2. Effective July 1, 2013, an additional 2.5% for a total of 5%. 3. Effective July 1, 2014, an additional 2% for a total of 7%. 4. The City shall adopt the necessary resolution so that such payments made by the employees may be excluded from taxable income pursuant to section 414(h)(2) of the U.S. Internal Revenue Code. Tier III. Employees hired on or after January 1, 2013, shall be subject to the Public Employee Pension Reform Act, (“PEPRA”; Assembly Bill 340) including but not limited to: 91 5 1. 2% at 62 retirement formula for those who are “new members” as that term is defined in AB 340. 2. Such new members shall pay to PERS by payroll deduction 50% of the “normal cost” as defined in AB 340 or the then current contribution rate of similarly situated employees, whichever is greater, as required by new Government Code section 7522.30(c). B. Effective November 1, 1995, the City shall commence reporting to PERS the value of the Employer Paid Member Contribution (EPMC) pursuant to the authority of Government Code. C. The City amended its contract with PERS to offer the retirement formula known as 2% @ 55 effective January 1, 2001. D. Employees who retire after July 1, 2006 and were hired before July 1, 2018 shall be eligible, upon service retirement from the City, for a medical premium supplement. Said supplement shall be in the following amount: 1. The City will contribute 5% of the health insurance premium for each year of service with the City of Hermosa Beach up to the lesser of the single person lowest costing HMO premium or $500 per month. A retiring employee must have completed a minimum of ten (10) years of service with the City of Hermosa Beach and be at least fifty-five (55) years of age to be eligible for this benefit. 2. Said supplement shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium. 3. In order to be eligible for medical supplemental payments, an Employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self-procured medical insurance plan. 4. Retirees who are eligible for a supplement but who are not covered on the City’s insurance policy are still eligible to receive their supplement. Payments will only be made when the retiree provides proof of coverage of insurance and proof of the amount paid for said coverage. Proof of coverage and the amount paid must be provided to the City within 60 days. The City will not provide retroactive reimbursement for payments not documented within 60 days of payment. 5. Any Employee receiving a benefit under this section agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid) for which they become eligible. 92 6 E. Employees who are hired after July 1, 2018 shall be eligible, upon service retirement from the City at age sixty (60) with a minimum of twenty (20) continuous City service, for a medical premium supplement. Said supplement shall be paid as follows: 1. The City shall pay a $400.00 per month medical supplement that shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium. 2. The City’s payments will end with the month in which the employee reached the eligibility of Federal and/or State medical insurance plans (i.e. Medicare), currently 65 years of age. HEALTH AND WELFARE A. The City will have full responsibility for all Health and Welfare programs enacted or in force as of September 1, 1997. B. The City shall make available for employees the following insurance plans: Health, Dental, Long Term Disability, Vision and Psychological Health. Current Health, Dental, Long Term Disability, Vision, Psychological Health, or their equivalent, to remain in force during the term of this Resolution. City shall meet and confer should there be a change in providers or a change in benefit level. C. For life insurance, the City shall provide and pay the premiums for a Life Insurance policy for each Employee, payable in an amount equal to the individual’s annu al salary upon such Employee’s death. D. For long term disability insurance, the City will provide and pay the premiums for Long Term Disability for each employee. E. For medical/health insurance, for the benefit years beginning January 1, 20 23 and later, the City’s maximum contribution toward medical insurance for each employee’s selected plan and level of coverage will be $1,875.39. Employees choosing a medical insurance plan and/or coverage level with a monthly premium that exceeds the City’s maximum contribution shall pay the difference by payroll deduction. F. An employee who demonstrates proof of medical insurance coverage available through a spouse or domestic partner may receive a cash payment of $750.00 per month in lieu of City provided coverage. 93 7 G. For dental insurance, the City shall pay the monthly premium contribution for full family PPO coverage for dental insurance, currently $226.30. H. For psychological health, the City will continue to pay for full family coverage for the benefit. I. The full cost of the Vision Insurance shall be borne by the employee. J. The City’s Short Term Disability Plan begins after a 30 day waiting period. The maximum benefit is 66 2/3% of your earnings to a maximum of $1125 per week. The City’s Long Term Disability Plan has a maximum benefit of $4500 per month and begins after 90 days. LONG TERM DISABILITY A. An Employee utilizing the Short or Long Term Disability Plan shall not accrue Vacation, Sick Leave, Holiday Pay or allowances after the 30th calendar day after disability. B. FAMILY AND MEDICAL CARE LEAVE 1. As required by State and Federal law, the City will provide Family and Medical Care Leave for eligible Employees. The following provisions set forth unit members’ rights and obligations with respect to such Leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ”FMLA”), and the regulations of th e California Fair Employment and Housing Commission implementing the California Family Rights Act (“CFRA”) (Government Code §12945.2). Unless otherwise provided by this Article, “Leave” under this article shall mean Leave pursuant to the FMLA and CFRA. 2. Eligible Employees are entitled to a total of 12 weeks of Leave during any 12-month period. An Employee’s entitlement to Leave for the birth or placement of a child for adoption or foster care with the Employee expires 12 months after the birth or placement. 3. The 12-month period for calculating Leave entitlement will be a “rolling period” measured backward from the date Leave is taken and continues with each additional Leave day taken. Thus, whenever a member requests Leave, the City will look back over the previous 12-month period to determine how much Leave has been used in determining how much Leave a member is entitled to. 94 8 4. If an Employee uses Leave for any reason permitted under the law, he/she may concurrently utilize all other accrued Leaves in connection with the Leave. The utilization of other accrued Leaves will run concurrently with the Leave. 5. Employees must fill out the following applicable forms in connection with Leave under this article:  “Request for Family or Medical Leave”  “Certification of Physician or Practitioner”  “Fitness for Duty to Return from Leave” 6. The provision of Article 21 (A) shall apply regarding the accrual of Vacation, Sick, Holiday Pay and allowances with the exception that seniority shall continue to accrue during the period of FMLA leave. DEFERRED COMPENSATION A. Each Employee, individually, may elect to participate in the Deferred Compensation Plans established and adopted by the City of Hermosa Beach. B. Upon the first pay period after Council adoption of this Resolution, the City shall match the employee’s contribution up a maximum of twenty-five dollars ($25) per month. LAYOFF A. It is mutually agreed that whenever, in the judgment of the City Council, it becomes necessary to abolish a position in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or employment in the competitive service and the personnel officer shall layoff, demote or transfer Employees thereby affected. B. The criterion used in determining the order of separation shall be seniority, pursuant to the Municipal Code, Chapter 2.76 – Civil Service. C. The City will endeavor to provide each affected Employee as much notice as possible, with a minimum thirty (30) day advance notice to each affected Employee. REDUCTION IN LIEU OF LAYOFF An Employee whose position is abolished shall be governed by Municipal code 2.76.200 – Civil Service. 95 9 SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facilities to be used for industrial accidents or illness. However, in the event an Employee covered by this Agreement wishes to grieve the City’s selection, the City will give due consideration to the facts presented and may select a new facility. B. An Employee who suffers an injury-on-duty will continue to have payment of the City portion of all Health Insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred. C. Nothing herein shall prevent an Employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers’ Compensation laws of the State of California. GRIEVANCES/APPEAL OF DISCIPLINE This Grievance Procedure shall be used to resolve disputes arising from any allegation that the City has violated the terms of this Resolution. A. The complaint shall be presented in writing to the Department Director. The Director shall have five (5) working days of receipt of the complaint to resolve the issue or respond to it in writing stating the reasons for the failure to resolve it. B. If not resolved, the complaint shall be presented in writing to the City Manager. The City Manager shall have five (5) working days of receipt of the complaint to resolve the issue or respond to it in writing stating the reasons for the failure to resolve it. C. If disciplinary actions concerning dismissals, suspensions, reduction in pay, etc. are not resolved, further action is pursuant to Municipal Code, Section 2.76 – Civil Service. C. Grievances regarding the provisions contained within this resolution, with the exception of disciplinary actions, not settled followi ng the City Manager’s determination and that either party desires to contest further, may be submitted to arbitration as provided in this article provided however that said Request for Arbitration shall be made within twenty (20) calendar days of the City Manager’s determination D. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no Agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot. 96 10 E. Either the City or the Employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty. F. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this resolution. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. G. The decision of the arbitrator within the limits herein prescribed shall be advisory only. H. The arbitrator may hear and determine only one grievance at a time without the express agreement of the City and employee. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. OUT OF CLASS PAY Employees covered by this Agreement who are temporarily assigned to a higher classification because of emergency conditions, Sick Leave, Vacation and/or vacancy shall receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such assignment. 97 EXHIBIT A City of Hermosa Beach Salary and Benefits for Unrepresented Classifications THE FOLLOWING SALARY AND BENEFIT PROVISIONS APPLY TO EMPLOYEES IN THE UNREPRESENTED CLASSIFICATIONS OF PERSONNEL HUMAN RESOURCES ANALYST, RISK MANAGEMENT ANALYST AND EXECUTIVE ASSISTANT TO THE CITY MANAGER WAGES  Year 1: 7/1/19July 1, 2022 – 6/30/20June 30, 2023: Effective July 1, 20192022: The base monthly salary shall be adjusted by 3% for all classifications. EFFECTIVE JULY 1, 2019 ‐ JUNE 30,  2020  Monthly Salary Range    TITLE Step 1 Step 2 Step 3 Step 4 Step 5  Executive Assistant to the City  Manager  $6,3836,9 74  $6,7027,3 23  $7,0377,6 89  $7,3898,0 73  $7,7588,4 77  Personnel Human Resources  Analyst  $6,5867,1 95  $6,9157,5 55  $7,2617,9 33  $7,6248,3 30  $8,0058,7 47  Risk Management Analyst $7,195 $7,555 $7,933 $8,330 $8,747   Year 2: 7/1/20July 1, 2023 – 6/30/21June 30, 2024: Effective July 1, 2023 Tthe base monthly salary shall be adjusted by 3% for all classifications. EFFECTIVE JULY 1, 2020 ‐ JUNE 30, 2021 Monthly Salary Range     TITLE Step 1 Step 2 Step 3 Step 4 Step 5  Executive Assistant to the City  Manager  $6,5747,1 83  $6,9037, 542  $7,2487, 919  $7,6118, 315  $7,9918,7 31  Personnel Human Resources  Analyst  $6,7837,4 11  $7,1237, 781  $7,4798, 170  $7,8538, 579  $8,2459,0 09  Risk Management Analyst $7,411 $7,781 $8,170 $8,579 $9,009   Year 3: 7/1/21July 1, 2024 – 6/30/22June 30, 2025: Effective July 1, 2024 Tthe base monthly salary shall be adjusted by 3% for all classifications. EFFECTIVE JULY 1, 2021 ‐ JUNE 30, 2022 Monthly Salary Range     TITLE Step 1 Step 2 Step 3 Step 4 Step 5  Executive Assistant to the City  Manager  $6,7727,3 99  $7,1107, 769  $7,4668, 157  $7,8398, 565  $8,2318,9 93  Personnel Human Resources  Analyst  $6,9877,6 33  $7,3368, 015  $7,7038, 416  $8,0888, 837  $8,4939,2 79  98 1 Risk Management Analyst $7,633 $8,015 $8,416 $8,837 $9,279   Step increase is dependent upon employee receiving an overall performance evaluation of being fully qualified. EDUCATIONAL ALLOWANCE A. City agrees that employees who desire to enroll in training and/or academic courses at a State of California approved and/or recognized college or university that may provide the Employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances promotional opportunities shall have their course fees, books and tuition (up to CSU rates) paid by the City in advance, subject to approval of the City Manager. The Employee will reimburse the City for all expenses incurred for any class or classes the Employee fails or does not complete; or if the Employee voluntarily leaves City employment during the period they are enrolled and received payment. B. Reimbursement of tuition shall be on a pro-rated basis depending upon the number of hours an Employee covered by this Agreement is normally scheduled to work (i.e. full time @ 100% reimbursement, up to CSU rates; half time @ 50% reimbursement, etc.). VACATION A. It is agreed that the above unrepresented classifications shall accrue vacation as follows: Years of Service Accrued Per Year * Probation Period 1st Year 80 hours Commencing with 2nd Year 80 hours “ “ 4th Year 96 hours “ “ 6th Year 112 hours “ “ 10th Year 128 hours “ “ 14th Year 144 hours “ “ 18th Year 160 hours B. Employees may request (subject to Department Director’s approval) one (1) week of vacation six (6) months after hire date (after halfway point of probationary period). C. Vacation may be accrued up to thirty (30) month accrual level, with an automatic cash-out of hours in excess of that amount. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. 99 2 D. Employees shall be reimbursed for 100% unused vacation days accrued upon resignation, retirement or imposed termination from their employment with the City. OVERTIME A. For FLSA purposes a "WORK-WEEK" shall be defined as: 1. For employees working a 5/40 or 4/40 schedule: commencing at 0001 hrs. SUNDAY and terminating at 2400 hrs. SATURDAY. 2. For employees working a 9/80 schedule: commencing 1101 hrs. Friday and terminating the following Friday at 1100 hrs. B. The City agrees to pay employees in the following classifications time and one-half (1-1/2) the regular rate of pay for all hours worked in excess of forty (40) hours worked in a work week. Overtime may be paid in either cash or compensatory time earned as part of the regular payroll process. The City will pay overtime to employees in eligible classifications in the same manner as paid to the General & Supervisory Employees Association. C. Employees may elect to cash-in accrued compensatory time quarterly each calendar year in January, April, July, and October. D. Classifications eligible for overtime compensation in accordance with the FLSA include: Personnel Human Resources Analyst Executive Assistant to the City Manager Risk Management Analyst SICK LEAVE A. Effective July 1, 2022, employees shall Accrual shall be at accrue sick leave at the rate ofeight ten (108) hours per month. After 200176 hours are accrued, an employee may cash out annually up to a maximum of 96 hours at the employee’s regular rate of pay at 100% rate. In lieu of cash out, employees may convert up to a maximum of 96 hours to vacation time provided that the vacation bank does not exceed allowed maximum level. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. B. Sick leave shall be used only in case of sickness or disability of the employee or for family sick leave. Misuse of sick leave shall be grounds for disciplinary action. C. In case of serious illness of a member of the immediate family, the employee may utilize sick leave. Immediate family for the purpose of this Section shall be defined as: spouse, child, stepchild, parent, stepparent, parent-in-law, brother, sister, 100 3 grandparents, grandchildren, any relative not previously listed who lives in the same household as the employee, and a domestic partner of the employee. D. Any employee claiming a domestic partner, for purposes of this Agreement shall complete a confidential affidavit to be filed in the Human Resources Department, which shall be signed by the employee only, declaring the existence of a domestic partnership with a named domestic partner. By extending to a domestic partner employee the specific benefits defined by this Agreement, the City does not intend to confer or imply any other unspecified benefits to such employee, or to any other person who may hold the status of domestic partner. E. Employees may, upon resignation or retirement from their employment with the City, elect to be paid for unused sick leave accrued prior to June 30, 2017, at their current rate of pay. Except as provided in A above, unused sick leave accrued after June 30, 2017, shall not be cashed out. Pursuant to Government Code § 20965, related CalPERS, rules and the City’s contract with CalPERS, upon retirement from City employment, an employee’s unused accumulated sick leave at the time of retirement may be converted to additional service credit. F. Employees shall be eligible to use sick leave during their probationary period. BEREAVEMENT LEAVE Each Employee shall receive a maximum of three (3) shifts per calendar year to be utilized for Bereavement Leave because of a death in their immediate family (as defined above). For the purposes of bereavement leave, parent in-law, step-children and parents, and persons living within the same household are to be considered in the definition of “immediate family”. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave be provided. The Department Director shall, if possible, grant approval of two (2) additional shifts in the event of a death that requires extended travel. JURY DUTY If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner’s Jury, Employees covered by this Agreement shall remain in their regular pay status in accordance with the City’s Administrative Policy on Jury Pay. All jury fees except mileage reimbursement shall be returned to the City. MILITARY LEAVE All Employees covered by this Agreement shall be entitled to Military Leave as afforded by Federal and State law but shall not receive any base salary pay while on such Leave. HOLIDAYS 101 4 A. Effective July 1, 2022, Eemployees shall receive 11090 hours per year for the following holidays off with pay: New Year’s Day; Martin Luther King, Jr.’s Birthday; President’s Day; Cesar Chavez Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Christmas Day. B. When a holiday falls on a normal day off, Employees shall receive Holiday Compensation Time. Employees covered by this Agreement may accrue up to 100 hours of Holiday Compensation Time for those holidays in which compensatory time is earned. However, when a holiday falls on a Sunday, it will be observed on the following Monday. For all holidays that fall on a Friday or Saturday, City Hall offices will be open regular hours on Monday and employees will receive compensatory time. The City will provide a holiday schedule prior to January 1 of each year. C. All employees covered by this Resolution, will receive ten (10) hours of Holiday Flex Time for the following purpose: these ten hours can only be used for either Christmas Eve (December 24th) or New Year’s Eve (December 31st). The hours may also be split into two days, using 5 hours each day (applies to Christmas Eve and New Years’ Eve only). Taking into consideration the employee’s preference, Department Directors will coordinate such leave to ensure there is adequate coverage for the department. RETIREMENT A. Tier I. The City provides the PERS 2% at 55 Plan with one year final compensation to current employees. The City paid the employee’s full 7% contribution to PERS through December 31, 2012. The City reported to P.E.R.S. the value of the 7% employer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). Tier II. For new employees hired after July 2011 the PERS retirement benefit formula shall be the 2% @ 60 plan, with retirement benefits calculated on one year final compensation. This became effective once a new contract with PERS was signed. The City paid the employee’s 7% contribution to PERS. The City reported to P.E.R.S. the value of the 7% employer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). Member contribution: Each employee in the bargaining unit shall pay the full seven percent (7%) PERS member contribution by payroll deduction as follows: 1. Effective January 1, 2013, by 2.5% 2. Effective July 1, 2013, an additional 2.5% for a total of 5%. 3. Effective July 1, 2014, an additional 2% for a total of 7%. 102 5 4. The City shall adopt the necessary resolution so that such payments made by the employees may be excluded from taxable income pursuant to section 414(h)(2) of the U.S. Internal Revenue Code. Tier III. Employees hired on or after January 1, 2013, shall be subject to the Public Employee Pension Reform Act, (“PEPRA”; Assembly Bill 340) including but not limited to: 1. 2% at 62 retirement formula for those who are “new members” as that term is defined in AB 340. 2. Such new members shall pay to PERS by payroll deduction 50% of the “normal cost” as defined in AB 340 or the then current contribution rate of similarly situated employees, whichever is greater, as required by new Government Code section 7522.30(c). B. Effective November 1, 1995, the City shall commence reporting to PERS the value of the Employer Paid Member Contribution (EPMC) pursuant to the authority of Government Code. C. The City amended its contract with PERS to offer the retirement formula known as 2% @ 55 effective January 1, 2001. D. Employees who retire after July 1, 2006 and were hired before July 1, 2018 shall be eligible, upon service retirement from the City, for a medical premium supplement. Said supplement shall be in the following amount: 1. The City will contribute 5% of the health insurance premium for each year of service with the City of Hermosa Beach up to the lesser of the single person lowest costing HMO premium or $500 per month. A retiring employee must have completed a minimum of ten (10) years of service with the City of Hermosa Beach and be at least fifty-five (55) years of age to be eligible for this benefit. 2. Said supplement shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium. 3. In order to be eligible for medical supplemental payments, an Employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self-procured medical insurance plan. 4. Retirees who are eligible for a supplement but who are not covered on the City’s insurance policy are still eligible to receive their supplement. Payments will only be made when the retiree provides proof of coverage of insurance and proof of the amount paid for said coverage. Proof of 103 6 coverage and the amount paid must be provided to the City within 60 days. The City will not provide retroactive reimbursement for payments not documented within 60 days of payment. 5. Any Employee receiving a benefit under this section agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid) for which they become eligible. E. Employees who are hired after July 1, 2018 shall be eligible, upon service retirement from the City at age sixty (60) with a minimum of twenty (20) continuous City service, for a medical premium supplement. Said supplement shall be paid as follows: 1. The City shall pay a $400.00 per month medical supplement that shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium. 2. The City’s payments will end with the month in which the employee reached the eligibility of Federal and/or State medical insurance plans (i.e. Medicare), currently 65 years of age. HEALTH AND WELFARE A. The City will have full responsibility for all Health and Welfare programs enacted or in force as of September 1, 1997. B. The City shall make available for employees the following insurance plans: Health, Dental, Long Term Disability, Vision and Psychological Health. Current Health, Dental, Long Term Disability, Vision, Psychological Health, or their equivalent, to remain in force during the term of this Resolution. City shall meet and confer should there be a change in providers or a change in benefit level. C. For life insurance, the City shall provide and pay the premiums for a Life Insurance policy for each Employee, payable in an amount equal to the individual’s annual salary upon such Employee’s death. D. For long term disability insurance, the City will provide and pay the premiums for Long Term Disability for each employee. E. For medical/health insurance, for the benefit years beginning January 1, 20230 and later, the City’s maximum contribution toward medical insurance for each employee’s selected plan and level of coverage will be $1,786.501,875.39. Employees choosing a medical insurance plan and/or coverage level with a 104 7 monthly premium that exceeds the City’s maximum contribution shall pay the difference by payroll deduction. F. An employee who demonstrates proof of medical insurance coverage available through a spouse or domestic partner may receive a cash payment of $750.00 per month in lieu of City provided coverage. G. For dental insurance, the City shall pay the monthly premium contribution for full family PPO coverage for dental insurance, currently $226.30. H. For psychological health, the City will continue to pay for full family coverage for the benefit. I. The full cost of the Vision Insurance shall be borne by the employee. J. The City’s Short Term Disability Plan begins after a 30 day waiting period. The maximum benefit is 66 2/3% of your earnings to a maximum of $1125 per week. The City’s Long Term Disability Plan has a maximum benefit of $4500 per month and begins after 90 days. LONG TERM DISABILITY A. An Employee utilizing the Short or Long Term Disability Plan shall not accrue Vacation, Sick Leave, Holiday Pay or allowances after the 30th calendar day after disability. B. FAMILY AND MEDICAL CARE LEAVE 1. As required by State and Federal law, the City will provide Family and Medical Care Leave for eligible Employees. The following provisions set forth unit members’ rights and obligations with respect to such Leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ”FMLA”), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (“CFRA”) (Government Code §12945.2). Unless otherwise provided by this Article, “Leave” under this article shall mean Leave pursuant to the FMLA and CFRA. 2. Eligible Employees are entitled to a total of 12 weeks of Leave during any 12-month period. An Employee’s entitlement to Leave for the birth or placement of a child for adoption or foster care with the Employee expires 12 months after the birth or placement. 105 8 3. The 12-month period for calculating Leave entitlement will be a “rolling period” measured backward from the date Leave is taken and continues with each additional Leave day taken. Thus, whenever a member requests Leave, the City will look back over the previous 12-month period to determine how much Leave has been used in determining how much Leave a member is entitled to. 4. If an Employee uses Leave for any reason permitted under the law, he/she may concurrently utilize all other accrued Leaves in connection with the Leave. The utilization of other accrued Leaves will run concurrently with the Leave. 5. Employees must fill out the following applicable forms in connection with Leave under this article:  “Request for Family or Medical Leave”  “Certification of Physician or Practitioner”  “Fitness for Duty to Return from Leave” 6. The provision of Article 21 (A) shall apply regarding the accrual of Vacation, Sick, Holiday Pay and allowances with the exception that seniority shall continue to accrue during the period of FMLA leave. DEFERRED COMPENSATION A. Each Employee, individually, may elect to participate in the Deferred Compensation Plans established and adopted by the City of Hermosa Beach. B. Upon the first pay period after Council adoption of this Resolution, the City shall match the employee’s contribution up a maximum of twenty-five dollars ($25) per month. LAYOFF A. It is mutually agreed that whenever, in the judgment of the City Council, it becomes necessary to abolish a position in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or employment in the competitive service and the personnel officer shall layoff, demote or transfer Employees thereby affected. B. The criterion used in determining the order of separation shall be seniority, pursuant to the Municipal Code, Chapter 2.76 – Civil Service. 106 9 C. The City will endeavor to provide each affected Employee as much notice as possible, with a minimum thirty (30) day advance notice to each affected Employee. REDUCTION IN LIEU OF LAYOFF An Employee whose position is abolished shall be governed by Municipal code 2.76.200 – Civil Service. SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facilities to be used for industrial accidents or illness. However, in the event an Employee covered by this Agreement wishes to grieve the City’s selection, the City will give due consideration to the facts presented and may select a new facility. B. An Employee who suffers an injury-on-duty will continue to have payment of the City portion of all Health Insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred. C. Nothing herein shall prevent an Employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers’ Compensation laws of the State of California. GRIEVANCES/APPEAL OF DISCIPLINE This Grievance Procedure shall be used to resolve disputes arising from any allegation that the City has violated the terms of this Resolution. A. The complaint shall be presented in writing to the Department Director. The Director shall have five (5) working days of receipt of the complaint to resolve the issue or respond to it in writing stating the reasons for the failure to resolve it. B. If not resolved, the complaint shall be presented in writing to the City Manager. The City Manager shall have five (5) working days of receipt of the complaint to resolve the issue or respond to it in writing stating the reasons for the failure to resolve it. C. If disciplinary actions concerning dismissals, suspensions, reduction in pay, etc. are not resolved, further action is pursuant to Municipal Code, Section 2.76 – Civil Service. C. Grievances regarding the provisions contained within this resolution, with the exception of disciplinary actions, not settled following the City Manager’s determination and that either party desires to contest further, may be submitted to arbitration as provided in this article provided however that said Request for 107 10 Arbitration shall be made within twenty (20) calendar days of the City Manager’s determination D. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no Agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot. E. Either the City or the Employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty. F. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this resolution. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. G. The decision of the arbitrator within the limits herein prescribed shall be advisory only. H. The arbitrator may hear and determine only one grievance at a time without the express agreement of the City and employee. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. OUT OF CLASS PAY Employees covered by this Agreement who are temporarily assigned to a higher classification because of emergency conditions, Sick Leave, Vacation and/or vacancy shall receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such assignment. 108 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0679 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 DESIGNATION OF A MAXIMUM AMOUNT OF FEE WAIVERS FOR SPECIAL EVENTS HELD IN 2023 (Community Resources Manager Lisa Nichols) Recommended Action: Staff recommends City Council designate a maximum amount of $20,000 in fee waivers for special events held in 2023, as per the City’s Special Event Fee Waiver Grant Policy. Executive Summary: The Community Resources Department is tasked with overseeing special event requests and permits on public property.The Special Events Policy Guide (Attachment 1)serves as a comprehensive document for event producers with information on the review and approval process,applicable fees, policies,and Hermosa Beach Municipal Code chapters and sections pertaining to special events.At its October 10,2019 meeting,City Council adopted the Special Event Fee Waiver Grant Policy,which requires City Council to annually designate a maximum amount of fee waivers that may be available for special events held in each calendar year.Therefore,staff requests City Council designate the maximum amount of fee waivers for qualified events held in 2023. Background: The Community Resources Department is tasked with overseeing special event requests and permits on public property.The Special Events Policy Guide serves as a comprehensive document for event producers with information on the review and approval process,applicable fees,policies,and Hermosa Beach Municipal Code chapters and sections pertaining to special events.At its October 10, 2019 meeting, City Council adopted the Special Event Fee Waiver Grant Policy. The Special Event Fee Waiver Grant Policy provides the Parks,Recreation and Community Resources Advisory Commission (Commission)the ability to approve the award of fee waivers through a grant process.As detailed in the policy,City Council is to annually affirm the maximum amount of grant funding available to the Commission to award to qualified events for the upcoming calendar year.City Council designated a maximum of $20,000 annually for the last three calendar years: 2020, 2021, and 2022. City of Hermosa Beach Printed on 10/28/2022Page 1 of 9 powered by Legistar™109 Staff Report REPORT 22-0679 Unfortunately,due to the COVID-19 pandemic,events were unable to be held in the 2020 calendar year or from January through March of the 2021 calendar year.Therefore,no fee waivers were granted during these time periods.The fee waivers granted in the remainder of the 2021 calendar year,from April through December,and in the 2022 calendar year,can be found in Table 1 and Table 2 below. Table 1: Awarded 2021 Fee Waiver Grants (April-December) Organization Event Fee Waiver Grant Amount The Alzheimer’s Association Walk to End Alzheimer’s $2,500 Mychal’s Learning Place California Great Santa Stroll $2,500 The Skechers Foundation Skechers Pier to Pier Friendship Walk $1,976.50 Total Fee Waiver Grants: $6,976.50 Remaining Balance: $13,023.50 Table 2: Awarded 2022 Fee Waiver Grants Organization Event Fee Waiver Grant Amount The Alzheimer’s Association Walk to End Alzheimer’s $2,500 Mychal’s Learning Place California Great Santa Stroll $2,500 Claire’s Place Foundation, Inc. Glow Ride for Cystic Fibrosis $927.50 Hermosa View Vista Valley Parent Teacher Organization (HVPTO) Dolphin Dash $1,740 Indivisible Arts State of the Art $300 Our Lady of Guadalupe Church Easter Sunrise Mass $1,740 USAV U19 World Championship Trials and World University Championship Trials $170 Skechers Foundation Skechers Pier to Pier Friendship Walk $2,500 Total Fee Waiver Grants: $12,377.50 Remaining Balance: $7,622.50 City of Hermosa Beach Printed on 10/28/2022Page 2 of 9 powered by Legistar™110 Staff Report REPORT 22-0679 Organization Event Fee Waiver Grant Amount The Alzheimer’s Association Walk to End Alzheimer’s $2,500 Mychal’s Learning Place California Great Santa Stroll $2,500 Claire’s Place Foundation, Inc. Glow Ride for Cystic Fibrosis $927.50 Hermosa View Vista Valley Parent Teacher Organization (HVPTO) Dolphin Dash $1,740 Indivisible Arts State of the Art $300 Our Lady of Guadalupe Church Easter Sunrise Mass $1,740 USAV U19 World Championship Trials and World University Championship Trials $170 Skechers Foundation Skechers Pier to Pier Friendship Walk $2,500 Total Fee Waiver Grants: $12,377.50 Remaining Balance: $7,622.50 City Council adoption of the Special Event Fee Waiver Grant Policy at its October 10,2019 meeting resulted in several events that had previously been awarded fee waivers to no longer be eligible under the new requirements.As a result,City Council directed staff and the Special Events Subcommittee (Subcommittee)of the Commission to expedite the creation of a Long-term Agreement (LTA)Policy,to serve as another opportunity for event fees to be subsidized with a decrease or elimination through a negotiation process between the City and event representatives. At its January 14,2020 meeting,City Council adopted the Long-term Agreement Program as a three- year pilot program.Following the implementation of the program with the 2020 calendar year,several events were cancelled due to COVID-19 precautionary measures.Therefore,at its August 4,2020 meeting,Commission recommended City Council approval to extend the pilot program by one year, ending in 2023.At its October 27,2020 meeting,City Council approved the extension.Since the City of Hermosa Beach Printed on 10/28/2022Page 3 of 9 powered by Legistar™111 Staff Report REPORT 22-0679 ending in 2023.At its October 27,2020 meeting,City Council approved the extension.Since the adoption of the program,the City has entered into 10 Long-term Agreements.For educational purposes,Attachment 13 provides an informational table of current Long-term Agreements including:the event representative;event;the term of the agreement;fees payable to the City;and the estimated total of fees waived annually for each agreement. At its October 12,2021 meeting,City Council approved a waiver of Pier Plaza Use fees,totaling $23,542 for the 2021 Hermosa for the Holidays event organized by the Hermosa Beach Chamber of Commerce and Visitor’s Bureau (Chamber)with the City to serve as cosponsor.At its October 25, 2022 meeting,City Council approved a waiver of $47,793 for all indirect costs for the 2022 Hermosa for the Holidays event with the City to serve as cosponsor.Through the agreement between the City of Hermosa Beach and the Chamber to provide the Fiesta Hermosas,the Chamber is to fund and produce an annual holiday celebration and tree lighting event.The approval for the City to cosponsor the Hermosa for the Holidays event in 2021 and 2022 resulting in fee waivers was due to the primary purpose of this contractual,community event being for public involvement,benefit,and not for profit. Future fee waivers for the Hermosa for the Holidays event would be considered through the negotiation process between the City and the Chamber for the next agreement for the Chamber’s events held in 2023 through 2025. Past Commission and Council Actions Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and designation of maximum amount of fee waivers for special events held in 2020 and direction to the Special Event Subcommittee to expedite the creation of a Long-Term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-Term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-Term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-Term Agreement Policy as a three-year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-Term Agreement Program and for Long-Term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-Term Agreement Pilot Program by one-year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-Term Agreement Pilot Program one-year extension February 9, 2021 City Council designation of maximum amount of fee waivers for special events held in 2021 January 25, 2022 City Council designation of maximum amount of fee waivers for special events held in 2022 October 12, 2021 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs October 25, 2022 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs City of Hermosa Beach Printed on 10/28/2022Page 4 of 9 powered by Legistar™112 Staff Report REPORT 22-0679 Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and designation of maximum amount of fee waivers for special events held in 2020 and direction to the Special Event Subcommittee to expedite the creation of a Long-Term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-Term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-Term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-Term Agreement Policy as a three-year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-Term Agreement Program and for Long-Term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-Term Agreement Pilot Program by one-year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-Term Agreement Pilot Program one-year extension February 9, 2021 City Council designation of maximum amount of fee waivers for special events held in 2021 January 25, 2022 City Council designation of maximum amount of fee waivers for special events held in 2022 October 12, 2021 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs October 25, 2022 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs City of Hermosa Beach Printed on 10/28/2022Page 5 of 9 powered by Legistar™113 Staff Report REPORT 22-0679 Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and designation of maximum amount of fee waivers for special events held in 2020 and direction to the Special Event Subcommittee to expedite the creation of a Long-Term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-Term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-Term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-Term Agreement Policy as a three-year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-Term Agreement Program and for Long-Term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-Term Agreement Pilot Program by one-year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-Term Agreement Pilot Program one-year extension February 9, 2021 City Council designation of maximum amount of fee waivers for special events held in 2021 January 25, 2022 City Council designation of maximum amount of fee waivers for special events held in 2022 October 12, 2021 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs October 25, 2022 City Council approval of Hermosa for the Holidays and for the City to serve as co-sponsor for the event resulting in a waiver of indirect costs Discussion: The Special Events Policy Guide includes the Special Event Fee Waiver Grant Policy and the level of fee waivers that can be awarded in addition to the types of fees that are eligible for fee waiver consideration, including: “Grants will be awarded up to a maximum of $2,500 per event or a 50 percent reduction of indirect City special event fees, whichever is the lesser amount.” Each organization that meets the qualifications of the grant policy,may receive the lesser amount of $2,500 or 50 percent of indirect costs eligible for reduction.Fees applied toward the application fee, staff time,inspections,etc.are direct costs,and ineligible.Those fees that are eligible for fee reductions include daily permit fees,set-up and tear-down fees,etc.Table 3 includes the special event fees categorized between indirect or direct costs. Table 3: Direct versus Indirect Special Event Fees Indirect Costs (eligible for fee waiver grant consideration) Cost Category I (non-profit) $2 per event participant and roster of participants due to City Category I (commercial) 70/30 split of proceeds and roster of participants due to City Category II $2,940 per event day Category III $3,235 per event day Category IV $5,882 per event day Pier Plaza Use $12,312 per event day Co-Sponsor $311 each Set-Up/Tear-Down $278 per location, per day Direct Costs (ineligible for fee waiver grant consideration) Cost Commercial Application Fee – non-refundable $924 Non-Profit Application Fee – non-refundable $616 Pass-Thru Application Fee – non-refundable $308 Amplified Sound Permit $181 Parking Meter Space Fee $1.25 per hour (8am-8pm) $1.50 per hour (8pm-8am) City Staff/Resources/Inspections Varies City of Hermosa Beach Printed on 10/28/2022Page 6 of 9 powered by Legistar™114 Staff Report REPORT 22-0679 Indirect Costs (eligible for fee waiver grant consideration) Cost Category I (non-profit) $2 per event participant and roster of participants due to City Category I (commercial) 70/30 split of proceeds and roster of participants due to City Category II $2,940 per event day Category III $3,235 per event day Category IV $5,882 per event day Pier Plaza Use $12,312 per event day Co-Sponsor $311 each Set-Up/Tear-Down $278 per location, per day Direct Costs (ineligible for fee waiver grant consideration) Cost Commercial Application Fee – non-refundable $924 Non-Profit Application Fee – non-refundable $616 Pass-Thru Application Fee – non-refundable $308 Amplified Sound Permit $181 Parking Meter Space Fee $1.25 per hour (8am-8pm) $1.50 per hour (8pm-8am) City Staff/Resources/Inspections Varies As detailed in the Special Event Fee Waiver Grant Policy,City Council is to annually affirm the City of Hermosa Beach Printed on 10/28/2022Page 7 of 9 powered by Legistar™115 Staff Report REPORT 22-0679 As detailed in the Special Event Fee Waiver Grant Policy,City Council is to annually affirm the maximum amount of grant funding available to the Commission to award to qualified events for the upcoming calendar year.City Council designated a maximum of $20,000 for events held in each of the last three calendar years: 2020, 2021, and 2022. 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: Parks and Open Space Element Goal 3. Community parks and facilities encourage social activity and interaction. Policy: •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. Goal 8.Special events at the beach are balanced to support community recreation and economic development without restricting coastal access or impacting the community. Policies: •8.2.Off-peak season events.Incentivize event producers to host special events during off- peak seasons through reduced fees or accommodating location/reserved area preferences. •8.6.Special event impact fees.Require special event applicants pay a fair share of costs associated with impacts on City services and facilities required to support special events. Fiscal Impact: The fiscal impact associated with the recommended action is unknown since the 2023 Special Event Calendar continues to be developed and it is unknown at this time how many event producers intend to apply for this subsidy. Attachments: 1. Special Events Policy Guide 2. Link to October 1, 2019 Commission Staff Report 3. Link to October 10, 2019 City Council Staff Report 4. Link to November 4, 2019 Commission Staff Report 5. Link to December 3, 2019 Commission Staff Report 6. Link to January 14, 2020 City Council Staff Report 7. Link to August 4, 2020 Commission Staff Report 8. Link to October 27, 2020 City Council Staff Report 9. Link to February 9, 2021 City Council Staff Report City of Hermosa Beach Printed on 10/28/2022Page 8 of 9 powered by Legistar™116 Staff Report REPORT 22-0679 10. Link to October 12, 2021 City Council Staff Report 11. Link to January 25, 2022 City Council Staff Report 12. Link October 25, 2022 City Council Staff Report 13.Table of Current Long-term Agreements Respectfully Submitted by: Lisa Nichols, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 9 of 9 powered by Legistar™117 HERMOSA BEACH SPECIAL EVENTS POLICY GUIDE 118 1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community. Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy. * “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council. City Contact Information The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process: Website: www.hermosabeach.gov Phone: (310) 318-0280 Email: hbconnect@hermosabeach.gov Address: 710 Pier Avenue, Hermosa Beach, CA 90254 119 2 Table of Contents General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required? How do I apply for a special event permit? Are private events allowed? What is the “Nothing Weekend”? How will this policy be enforced? Where are special events allowed? Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix Pass-Through Events Pier Plaza Promotions Approval Guidelines + Requirements……………………………………………………………………….…….6 Event Approval Findings Application Submittal Deadlines and Approval Process Peak Season Event Limits Simultaneous Use of North and South Volleyball Courts Pre/Post Event Meetings Accessibility Plan Site Plan, Equipment, and Signage Amplified Sound Food, Beverage, or Merchandise Sales Professional Filming Security Insurance Event Day Expectations Applicable Fees…………………………………………………………………………………….……………10 Current Fee Schedule Application Fees Special event permit Fee Additional Fees Damage Deposit Refund/Cancellation Policy Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements Applicable Codes + Regulations Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits Eligibility Approval Obligations Disqualification Long-term Agreements………………………………………………………………………………..…………14 Eligibility Term Limits Procedures Obligations 120 3 General Information + Frequently Asked Questions When is a special event permit required? Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twenty- five or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-of- way, or parkland within the city. How do I apply for a special event permit? Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources. Are private events allowed? All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible. What is the “Nothing Weekend”? On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered. How will this policy be enforced? The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future. Where are special events allowed? To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations: • South of Pier within the Commercial Zone; between 10th Street and the Pier; • North of the Pier within the Commercial Zone; between the Pier and 15th Street; • Designated Surf Zone • The Strand o Strand use is only permitted for events continuously moving with no obstruction to public access; • Pier Plaza; • Within public right of way (please note that any event within the public right of way is subject to approval by the Chief of Police); and • The following City parks: o Valley Park, 2521 Valley Drive; o Community Center, 710 Pier Avenue; o Clark Field, 861 Valley Drive; o Edith Rodaway Park: 350 Prospect Avenue; and o The Greenbelt. Special event applications for City parks not included above will be considered on a case-by-case basis. Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 121 4 Commercial Zone 122 5 Use Classifications + Impact Characteristics Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix. The Impact Level of the event will be used to determine: o applicable fees; o deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/or City Council). Impact Characteristics Matrix If more than one option is applicable, the highest characteristic will be used to determine the impact level. Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators Per Event Day 100-500 501 – 1,999 2,000 or More Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way Use of Volleyball Courts and Beach Tennis Courts None • North Volleyball Courts; or • Beach Tennis Courts • North and South Volleyball Courts; or • North and South Volleyball Courts and Beach Tennis Courts; or • North Volleyball Courts and Beach Tennis Courts Event Season(s) Winter Spring or Fall Summer – Peak Season (Memorial Day to Labor Day) Event Day(s) Monday - Thursday Friday, Saturday, or Sunday Holiday Total Consecutive Event Days (Including Set-up and Tear-down) 1-2 3-4 5 or More (May not exceed 15) Additional requests such as Film/Still Photo Permit, Reserved Parking, Fencing, Staging, Street Closures, or Amplified Sound Permit None 1-2 3 or more Impact Level 5 or More Applicable =Impact Level I 2 or More Applicable = Impact Level II 2 or more Applicable = Impact Level III Pass-Through Events A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event. Pier Plaza Promotions 123 6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special event application. Up to five Pier Plaza Promotions may be approved each calendar year. Approval Guidelines + Requirements Event Approval Findings A special event permit may be issued upon finding that: 1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring. 2. The number of estimated attendees can be accommodated at the proposed location and surrounding area. 3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval. 4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff). 5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as requested and determined by City staff). 6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City staff). 7. Adequate provision has been made for additional portable restroom facilities (as requested and determined by City Staff). 8. The total number of days required for the event shall not exceed sixteen consecutive days. 9. The applicant provides required insurance, deposits, bonding and indemnification of the City. Application Submittal Deadlines and Approval Process Special event applications must be submitted as follows: • New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety (90) days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council. • Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission and approval by City Council, permits will be processed and issued by the Community Resources Manager. • Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks, Recreation and Community Resources Advisory Commission approval, the Community Resources Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory Commission recommend denial of a special event, that decision may be appealed to the City Council. • Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community Resources Manager recommend denial of a special event, that decision may be appealed to City Council. o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events. Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance and spectator total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Manager. The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of Impact Level III events and a “Nothing Weekend” first, and then will consider approval of Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 124 7 Review Timeline Application Period Opens Last Day to Submit Application Parks, Recreation and Community Resources Advisory Commission Review City Council Review Impact Level I October 15 (for following calendar year) 30 days prior to event n/a n/a Impact Level II October 15 (for following calendar year) 90 days prior to event Beginning in December n/a Impact Level III July 1 (for following calendar year) July 30 (for following calendar year) September Meeting October Meeting At the discretion of the Community Resources Manager, special event applications may be submitted for consideration after the application submittal deadline has passed, provided: • there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising) • the event does not exceed Peak Season Event Limits • the event can still meet all of the event approval findings The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines. Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed. Peak Season Event Limits To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer): o Maximum of 45 days used by Level III Events o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month. Additionally, only two events per any given day will be permitted in the City. Simultaneous Use of North and South Volleyball Courts One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and City Council. Impact to Beach Tennis Courts Any event requesting removal of the Beach Tennis Courts must provide one of the following: • An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or • Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight. 125 8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal. Event Notifications The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative. Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event. Pre/Post Event Meetings Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required. A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to all City Departments involved or impacted by the event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings, which are involved or affected by the event. Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, as staff will walk through the site and assess the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach. Site Plan, Equipment, and Signage A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale. All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted, and City approved recreational events or activities. All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. All tents must remain at least 10 feet from the Strand wall. A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may be required. Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation. Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan. 126 9 Accessibility Plan It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities. Amplified Sound Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special event application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits: 1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business; 2. Whether the noise is prolonged and continuous; 3. How the noise contrasts with the ambient noise level; 4. The proximity of the noise source to residential and commercial uses; 5. The time of day; and 6. The anticipated duration of the noise Food, Beverage, or Merchandise Sales In accordance with HBMC Section 12.20.300, the sale of food, non -alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special event permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed. Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits. If the sale of alcohol is included in a special event application (requests for alcohol on the beach w ill not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event. Professional Filming A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or recording or photographing of activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website. Security City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event. Portable Restrooms + Hand Sanitizing/Sink Facilities Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and 127 10 beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location. Insurance At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements: Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager. Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage. If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant ac cident insurance. If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Event Day Expectations In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for: • Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special event permits and any other permits issued by the City of Hermosa Beach on-site during the event. Applicable Fees All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all ap plicable fees are not paid in a timely manner. Current Fee Schedule Event Categories Fee Category I • Less than 500 people Non-profit: $2 per registrant and roster of participants due to City Commercial: 70/30 split of proceeds and roster of participants due to City 128 11 Category II • Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday) • Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news) • A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $2,940 per event day Category III • Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news) • Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,235 per event day Category IV • Meets Category III Criteria and has one or more of the following: ▪ Has network television coverage ▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000 ▪ Charges admission to spectator ▪ Gross revenues in excess of $50,000 $5,882 per event day Additional Fees Fees Commercial Application Fee - non-refundable $924 Non-Profit Application Fee - non-refundable $616 Pass-Thru Application Fee - non-refundable $308 Amplified Sound Permit $181 Pier Plaza Use Fee $12,312 per event day Event Co-Sponsor $311 each Event Set-Up/Tear-Down $278 per location, per day Community Resources Staff $369 per day Parking Meter Space Fee $1.25 per hour (8am-8pm) $1.50 per hour (8pm-8am) Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department. Application Fees Upon review of the special event application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special event permit fees and is non-refundable. Special Event Permit Fees Events are subject to a daily permit fee based on the designated event category level. Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event. Additional Fees The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the special event is approved by the appropriate review body. Additional fees may be required for: • the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs • reservation/use of public parking spaces 129 12 • use of amplified sound • use of professional filming or still photography • presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license Damage Deposit Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign -off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided. Refund/Cancellation Policy Once a permit is approved and issued, the special event permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date. Compliance Environmental Requirements All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to: • Waste recycling and reduction • Energy efficiency • Protection of the marine environment • Community education opportunities • Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events. The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include: Title 8 – Health and Safety 8.24 Noise Control 8.64 Ban on Polystyrene Food Service Ware Title 9 – Public Peace Morals and Welfare 9.28 Parties, Events and Gatherings on Private Property Title 10 – Vehicles and Traffic 10.28 Loading and Unloading 10.32 Stopping, Standing and Parking Title 12 Street, Sidewalks and Public Places 12.20 Beach and Strand Regulations 12.24 Municipal Pier 130 13 12.28 Parks, Playgrounds and Other Public Areas 12.30 Special Events on Public Property Fee Waivers To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event application filing, review, and approval process. Events and organizations that qualify for a long -term agreement or in a City Contract are not bound to the terms of this policy. Funding Limits The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount. Awards may only be used toward indirect special event fees charged by the City; dir ect costs are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250. Fee waivers will not be considered for events taking place during the Peak Season between Memorial Day and Labor Day. Eligibility In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. New events to the City do not qualify for a fee waiver grant. Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award. Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents. The organization producing the event must meet the following criteria: 1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate: a. A community benefit; or b. A positive economic impact as a result of the event. Applicants will be requested to demonstrate the following: • A financial need or other economic justification to be considered for a Fee Waiver Grant ; • A positive community benefit through the organization or its event by meeting at least two of the following criteria: a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses; b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information: 131 14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach. Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event. Events specifically prohibited from receiving a fee waiver grant include those events that: • Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants. Approval The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm. Consideration will include careful review of: • Special Event Fee Waiver Grant Application. • Community Benefit Form • Economic Impact Report • Successful fulfillment of previously awarded grant obligations. The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program. Obligations Organization receiving grant funding through the Special Event Fee Waiver Gra nt program will be required to complete the following: • A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of: o Number of attendees. o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook. o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach. Disqualification Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year. If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants. Long-term Agreements The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long -term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City. Eligibility In order for an organization to be eligible for consideration of a long -term agreement, the event(s) must meet at least three of the following: 132 15 □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following: o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community. □ The event can demonstrate: o A community benefit; or o A positive economic impact as a result of the event. Applicants will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria: □ The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses; □ The organization and/or event can demonstrate broad community support and sponsorship; □ The event appeals to a wide segment of community members; □ The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; □ The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or □ The organization/and or event addresses an unmet community need. Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing the following information: • If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and • Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach. Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide. Term Limits LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council. Procedures The following steps are required to guide the development and implementation of an LTA: 1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria. 2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission. 3. Review and approval by the City Council to begin LTA negotiations with staff. 4. LTA negotiations and development. 5. Presentation of the final LTA to the City Council for approval. 133 16 Obligations Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60 -days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, et 134 135 Page 1 of 2 Attachment 13: Current Long-Term Agreements Organization Event Term Annual Fees Payable to the City Estimated Annual Total of Fees Paid Annual Fees Waived Estimated Annual Total of Fees Waived Twin River Management Group AVP – Hermosa Beach Open December 8, 2020- July 12, 2023 Direct Cost(s): Amplified Sound Parking (TBD) City Staff, Resources, and or Inspections (TBD) Indirect Cost(s): Category III x 6 days Set-up x 6 days Tear-down x 3 days $22,093 (plus parking and City Staff, Resources, and or Inspections TBD) Direct Cost(s): Application Fee $616 Best Day Foundation Beach Day June 14, 2020- September 10, 2023 None None Direct Cost(s): Application Fee $616 The Jewish Community Center Community Chanukah Celebration December 14, 2022- December 18, 2023 Direct Cost(s): Amplified Sound $181 Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 Fine Arts Group of Hermosa Beach Fine Arts Festival September 24, 2021- June 11, 2023 None None Direct Cost(s): Application Fee Indirect Cost(s): Category III x 2 Set-up $7,364 Great Autos of Yesteryear Endless Summer Classic Car Show May 7, 2022- May 6, 2023 None None Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 Friends of the Parks Pets in the Park, Movies at the Beach, and Pumpkins in the Park September 17, 2021- October 14, 2023 Direct Cost(s): Amplified Sound x 3 events Parking (TBD) $543 (plus parking TBD) Direct Cost(s): Application Fee x 3 events Indirect Cost(s) – Movies at the Beach: Category III Set-up $8,874 Hermosa Beach Education Foundation Hearts of Hermosa March 1, 2021- March 26, 2023 Direct Cost(s): Amplified Sound City Staff, Resources, and or Inspections (TBD) $181 (plus parking and City Staff, Resources, and or Inspections TBD) Direct Cost(s): Application Fee Indirect Cost(s): Category III Set-up x 2 days $4,407 136 Page 2 of 2 Attachment 13: Current Long-Term Agreements Organization Event Term Annual Fees Payable to the City Estimated Annual Total of Fees Paid Annual Fees Waived Estimated Annual Total of Fees Waived Spyder Surfboards Spyder Surf Fest April 24, 2021- April 22, 2023 Direct Cost(s): Amplified Sound Parking (TBD) $181 (plus parking TBD) Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 International Surf Festival July 28, 2021- August 7, 2023 None None Direct Cost(s): Application Fee Amplified Sound Permit Parking (TBD) Indirect Cost(s): Category III Set-up $11,336 (plus parking TBD) Shakespeare by the Sea July 13, 2022- July 13, 2023 None None Direct Cost(s): Application Fee Amplified Sound Permit $797 Estimated Annual Total of Fees Paid: $23,179 Estimated Annual Total of Fees Waived: $72,794 137 Memorandum Community Resources Department ● 710 Pier Avenue ● Hermosa Beach, CA ● 90254 To: City Council From: Community Resources Manager Lisa Nichols Date: November 2, 2022 RE: Supplemental Item: Update to Item XIV(a): Designation of a Maximum Amount of Fee Waivers for Special Events Held in 2023 Since the posting of the November 2, 2022 City Council agenda, an update is necessary to the Staff Report for Item XIV(a): Designation of a Maximum Amount of Fee Waivers for Special Events Held in 2023. Table 2: Awarded 2022 Fee Waiver Grants in the staff report should be updated with the following table and information to follow: Organization Event Fee Waiver Grant Amount Mychal’s Learning Place California Great Santa Stroll $2,500 Claire’s Place Foundation, Inc. Glow Ride for Cystic Fibrosis $927.50 Hermosa View Vista Valley Parent Teacher Organization (HVPTO) Dolphin Dash $1,740 Indivisible Arts State of the Art $300 Our Lady of Guadalupe Church Easter Sunrise Mass $1,740 USAV U19 World Championship Trials and World University Championship Trials $170 Skechers Foundation Skechers Pier to Pier Friendship Walk $2,500 Total Fee Waiver Grants: $9,877.50 Remaining Balance: $10,122.50 138 At its April 5, 2022 meeting, the Parks, Recreation and Community Resources Advisory Commission did not approve the fee waiver request from the Alzheimer’s Association for its Walk to End Alzheimer’s in the amount of $2,500. 139 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0694 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 FORMAL ADOPTION OF THE SPECIAL EVENT LONG-TERM AGREEMENT PROGRAM (Community Resources Manager Lisa Nichols) Recommended Action: Staff recommends City Council approve the Parks,Recreation and Community Resources Advisory Commission’s recommendation to formally adopt the Special Event Long-term Agreement Program. Executive Summary: The Community Resources Department is tasked with overseeing special event requests and permits on public property.The Special Events Policy Guide (Attachment 1)serves as a comprehensive document for event producers with information on the review and approval process,applicable fees, policies,and Hermosa Beach Municipal Code chapters and sections pertaining to special events.At its January 14,2020 meeting,City Council approved the implementation of the Long-term Agreement Policy for three-years as a pilot program,requiring the Parks,Recreation and Community Resources Advisory Commission (Commission)to review and provide an update on the effectiveness of the program following two years of implementation, which would have been the latter part of 2021. Following the implementation of the program with the 2020 calendar year,several events were cancelled due to COVID-19 precautionary measures.At its August 4,2020 meeting,Commission recommended to City Council the extension of the pilot program by one year,ending in 2023,which would result in Commission’s review to take place in the latter part of 2022.At its October 27,2020 meeting,City Council approved the extension.At its September 6,2022 meeting,the Commission reviewed the Long-term Agreement Pilot Program and recommended City Council formally adopt the program. Background: At its October 1,2019 meeting,the Commission recommended the Special Event Fee Waiver Grant Policy for approval by City Council.City Council approved the policy at its October 10,2019 meeting. City Council adoption of the Special Event Fee Waiver Grant Policy resulted in several events that had previously been awarded fee waivers to no longer be eligible under the new requirements.As a result,City Council directed staff and the Special Events Subcommittee (Subcommittee)of the City of Hermosa Beach Printed on 10/28/2022Page 1 of 6 powered by Legistar™140 Staff Report REPORT 22-0694 result,City Council directed staff and the Special Events Subcommittee (Subcommittee)of the Commission to expedite the creation of a Long-term Agreement Policy,to serve as another opportunity for event fees to be subsidized with a decrease or elimination of the fees through a negotiation process between the City and event representatives. At its November 4,2019 and December 3,2019 meetings,the Commission reviewed drafts of the Long-term Agreement Policy and provided input.At its January 14,2020 meeting,City Council was presented the final draft of the policy,which incorporated input from the Commission.City Council approved the final draft and the implementation of the Long-term Agreement Policy as a pilot program for three-years commencing with the 2020 calendar year,requiring the Commission to review and provide an update on the effectiveness of the program following two years of implementation,which would have been the latter part of 2021.The following actions were also included in City Council’s motion: ·Include Pets in the Park and Pumpkins in the Park as part of the Long-term Agreement process; and ·Allow Long-term Agreements for the following events to be handled administratively by staff: o Spyder Surf Fest o Hearts of Hermosa o AVP-Hermosa Beach Open Following the implementation of the program with the 2020 calendar year,several events were cancelled due to COVID-19 precautionary measures.At its August 4,2020 meeting,Commission recommended to City Council the extension of the pilot program by one year,ending in 2023,which would result in Commission’s review to take place in the latter part of 2022.At its October 27,2020 meeting, City Council approved the extension. At its September 6,2022 meeting,Commission reviewed the Long-term Agreement Pilot Program and recommended City Council formally adopt the program. Past Commission and City Council Actions Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and direction provided to the Special Event Subcommittee to expedite the creation of a Long-term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-term Agreement Policy as a three -year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-term Agreement Program and for Long-term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-term Agreement Pilot Program by one -year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-term Agreement Pilot Program one -year extension City of Hermosa Beach Printed on 10/28/2022Page 2 of 6 powered by Legistar™141 Staff Report REPORT 22-0694 Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and direction provided to the Special Event Subcommittee to expedite the creation of a Long-term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-term Agreement Policy as a three -year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-term Agreement Program and for Long-term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-term Agreement Pilot Program by one -year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-term Agreement Pilot Program one -year extension City of Hermosa Beach Printed on 10/28/2022Page 3 of 6 powered by Legistar™142 Staff Report REPORT 22-0694 Meeting Date Description October 1, 2019 Commission’s recommendation to City Council to approve the Special Event Fee Waiver Grant Policy October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and direction provided to the Special Event Subcommittee to expedite the creation of a Long-term Agreement Policy November 4, 2019 Commission review of the first draft of the Long-term Agreement Policy December 3, 2019 Commission review of the second draft of the Long-term Agreement Policy and recommendation to City Council for approval of the policy January 14, 2020 City Council approval of the Long-term Agreement Policy as a three -year pilot program and direction provided to staff to include Pets in the Park and Pumpkins in the Park as part of the Long-term Agreement Program and for Long-term Agreements to be handled administratively by staff for Spyder Surf Fest, Hearts of Hermosa and AVP – Hermosa Beach Open August 4, 2020 Commission’s recommendation to City Council to extend the Long-term Agreement Pilot Program by one -year because of 2020 event cancellations due to COVID-19 October 27, 2020 City Council approval of the Long-term Agreement Pilot Program one -year extension Discussion: Staff began accepting Long-term Agreement applications for special events that meet the eligibility requirements on September 17,2020.The Special Events Policy Guide outlines the Long-term Agreement Policy,which requires event producers to submit a letter addressing how the organization or event meets the eligibility requirements in addition to the Long-term Agreement Application. Following staff’s review of each application,the Commission reviews and provides a recommendation to City Council on whether or not the City should enter into a Long-term Agreement with the event representative.If Commission recommends proceeding,and City Council affirms the recommendation,staff begins negotiations with the event representative and returns to City Council for formal adoption of the final agreement. Since the implementation of the Long-term Agreement Pilot Program,the City has entered into 10 Long-term Agreements.Attachment 9 provides a table of current Long-term Agreements including: the event representative;event;the term of the agreement;fees payable to the City;and the estimated total of fees waived annually for each agreement. In addition to the Long-term Agreement Policy providing an opportunity for event fees to be subsidized with a decrease or elimination through a negotiation process between the City and event representatives,the policy allows longstanding community events to solidify its event dates for up to three years.The policy eliminates the need to submit a Special Event Application each year and participate in the annual review and approval process by Commission and,if required,the City Council.This allows consistency,eliminates date conflicts,and assists with the creation of the Special Event Calendar each year. The Commission does not recommend any updates or modifications to the Long-term Agreement Policy. 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 City of Hermosa Beach Printed on 10/28/2022Page 4 of 6 powered by Legistar™143 Staff Report REPORT 22-0694 Goal 1. A high degree of transparency and integrity in the decision-making process. Policy: •1.6 Long-term considerations.Prioritize decisions that provide Long-term community benefit and discourage decisions that provide short-term community benefit but reduce Long-term opportunities. Parks and Open Space Element Goal 3. Community parks and facilities encourage social activity and interaction. Policies: •3.1 Community-friendly events.Encourage,permit,and support community group,nonprofit, or business organized events on City property that support physical activity,beach culture, and family-friendly social interactions. •3.2 Social and cultural events.Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. •3.3 Commercial use of facilities.Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment. Goal 8.Special events at the beach are balanced to support community recreation and economic development without restricting coastal access or impacting the community. Policies: •8.3 Community-focused events.Prioritize the approval of special events that enhance the sense of community,improve economic vitality,and foster a healthy environment and active lifestyles. •8.4 Family-focused events.Prioritize events that appeal to a wide segment of community members. Fiscal Impact: The estimated annual event revenue would be approximately $23,179 from the current Long-term Agreements.The estimated annual total of subsidies through fee waivers would be approximately $72,794 from the current Long-term Agreements. Attachments: 1. Special Events Policy Guide 2. Link to October 1, 2019 Commission Staff Report 3.Link to October 10, 2019 City Council Staff Report 4.Link to November 4, 2019 Commission Staff Report 5.Link to December 3, 2019 Commission Staff Report City of Hermosa Beach Printed on 10/28/2022Page 5 of 6 powered by Legistar™144 Staff Report REPORT 22-0694 6.Link to January 14, 2020 City Council Staff Report 7.Link to August 4, 2020 Commission Staff Report 8.Link to October 27, 2020 City Council Staff Report 9.Table of Current Long-term Agreements Respectfully Submitted by: Lisa Nichols, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 6 of 6 powered by Legistar™145 HERMOSA BEACH SPECIAL EVENTS POLICY GUIDE 146 1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community. Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy. * “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council. City Contact Information The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process: Website: www.hermosabeach.gov Phone: (310) 318-0280 Email: hbconnect@hermosabeach.gov Address: 710 Pier Avenue, Hermosa Beach, CA 90254 147 2 Table of Contents General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required? How do I apply for a special event permit? Are private events allowed? What is the “Nothing Weekend”? How will this policy be enforced? Where are special events allowed? Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix Pass-Through Events Pier Plaza Promotions Approval Guidelines + Requirements……………………………………………………………………….…….6 Event Approval Findings Application Submittal Deadlines and Approval Process Peak Season Event Limits Simultaneous Use of North and South Volleyball Courts Pre/Post Event Meetings Accessibility Plan Site Plan, Equipment, and Signage Amplified Sound Food, Beverage, or Merchandise Sales Professional Filming Security Insurance Event Day Expectations Applicable Fees…………………………………………………………………………………….……………10 Current Fee Schedule Application Fees Special event permit Fee Additional Fees Damage Deposit Refund/Cancellation Policy Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements Applicable Codes + Regulations Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits Eligibility Approval Obligations Disqualification Long-term Agreements………………………………………………………………………………..…………14 Eligibility Term Limits Procedures Obligations 148 3 General Information + Frequently Asked Questions When is a special event permit required? Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twenty- five or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-of- way, or parkland within the city. How do I apply for a special event permit? Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources. Are private events allowed? All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible. What is the “Nothing Weekend”? On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered. How will this policy be enforced? The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future. Where are special events allowed? To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations: • South of Pier within the Commercial Zone; between 10th Street and the Pier; • North of the Pier within the Commercial Zone; between the Pier and 15th Street; • Designated Surf Zone • The Strand o Strand use is only permitted for events continuously moving with no obstruction to public access; • Pier Plaza; • Within public right of way (please note that any event within the public right of way is subject to approval by the Chief of Police); and • The following City parks: o Valley Park, 2521 Valley Drive; o Community Center, 710 Pier Avenue; o Clark Field, 861 Valley Drive; o Edith Rodaway Park: 350 Prospect Avenue; and o The Greenbelt. Special event applications for City parks not included above will be considered on a case-by-case basis. Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 149 4 Commercial Zone 150 5 Use Classifications + Impact Characteristics Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix. The Impact Level of the event will be used to determine: o applicable fees; o deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/or City Council). Impact Characteristics Matrix If more than one option is applicable, the highest characteristic will be used to determine the impact level. Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators Per Event Day 100-500 501 – 1,999 2,000 or More Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way Use of Volleyball Courts and Beach Tennis Courts None • North Volleyball Courts; or • Beach Tennis Courts • North and South Volleyball Courts; or • North and South Volleyball Courts and Beach Tennis Courts; or • North Volleyball Courts and Beach Tennis Courts Event Season(s) Winter Spring or Fall Summer – Peak Season (Memorial Day to Labor Day) Event Day(s) Monday - Thursday Friday, Saturday, or Sunday Holiday Total Consecutive Event Days (Including Set-up and Tear-down) 1-2 3-4 5 or More (May not exceed 15) Additional requests such as Film/Still Photo Permit, Reserved Parking, Fencing, Staging, Street Closures, or Amplified Sound Permit None 1-2 3 or more Impact Level 5 or More Applicable =Impact Level I 2 or More Applicable = Impact Level II 2 or more Applicable = Impact Level III Pass-Through Events A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event. Pier Plaza Promotions 151 6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special event application. Up to five Pier Plaza Promotions may be approved each calendar year. Approval Guidelines + Requirements Event Approval Findings A special event permit may be issued upon finding that: 1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring. 2. The number of estimated attendees can be accommodated at the proposed location and surrounding area. 3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval. 4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff). 5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as requested and determined by City staff). 6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City staff). 7. Adequate provision has been made for additional portable restroom facilities (as requested and determined by City Staff). 8. The total number of days required for the event shall not exceed sixteen consecutive days. 9. The applicant provides required insurance, deposits, bonding and indemnification of the City. Application Submittal Deadlines and Approval Process Special event applications must be submitted as follows: • New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety (90) days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council. • Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission and approval by City Council, permits will be processed and issued by the Community Resources Manager. • Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks, Recreation and Community Resources Advisory Commission approval, the Community Resources Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory Commission recommend denial of a special event, that decision may be appealed to the City Council. • Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community Resources Manager recommend denial of a special event, that decision may be appealed to City Council. o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events. Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance and spectator total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Manager. The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of Impact Level III events and a “Nothing Weekend” first, and then will consider approval of Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 152 7 Review Timeline Application Period Opens Last Day to Submit Application Parks, Recreation and Community Resources Advisory Commission Review City Council Review Impact Level I October 15 (for following calendar year) 30 days prior to event n/a n/a Impact Level II October 15 (for following calendar year) 90 days prior to event Beginning in December n/a Impact Level III July 1 (for following calendar year) July 30 (for following calendar year) September Meeting October Meeting At the discretion of the Community Resources Manager, special event applications may be submitted for consideration after the application submittal deadline has passed, provided: • there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising) • the event does not exceed Peak Season Event Limits • the event can still meet all of the event approval findings The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines. Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed. Peak Season Event Limits To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer): o Maximum of 45 days used by Level III Events o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month. Additionally, only two events per any given day will be permitted in the City. Simultaneous Use of North and South Volleyball Courts One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and City Council. Impact to Beach Tennis Courts Any event requesting removal of the Beach Tennis Courts must provide one of the following: • An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or • Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight. 153 8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal. Event Notifications The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative. Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event. Pre/Post Event Meetings Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required. A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to all City Departments involved or impacted by the event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings, which are involved or affected by the event. Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, as staff will walk through the site and assess the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach. Site Plan, Equipment, and Signage A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale. All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted, and City approved recreational events or activities. All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. All tents must remain at least 10 feet from the Strand wall. A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may be required. Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation. Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan. 154 9 Accessibility Plan It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities. Amplified Sound Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special event application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits: 1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business; 2. Whether the noise is prolonged and continuous; 3. How the noise contrasts with the ambient noise level; 4. The proximity of the noise source to residential and commercial uses; 5. The time of day; and 6. The anticipated duration of the noise Food, Beverage, or Merchandise Sales In accordance with HBMC Section 12.20.300, the sale of food, non -alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special event permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed. Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits. If the sale of alcohol is included in a special event application (requests for alcohol on the beach w ill not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event. Professional Filming A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or recording or photographing of activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website. Security City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event. Portable Restrooms + Hand Sanitizing/Sink Facilities Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and 155 10 beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location. Insurance At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements: Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager. Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage. If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant ac cident insurance. If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Event Day Expectations In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for: • Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special event permits and any other permits issued by the City of Hermosa Beach on-site during the event. Applicable Fees All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all ap plicable fees are not paid in a timely manner. Current Fee Schedule Event Categories Fee Category I • Less than 500 people Non-profit: $2 per registrant and roster of participants due to City Commercial: 70/30 split of proceeds and roster of participants due to City 156 11 Category II • Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday) • Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news) • A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $2,940 per event day Category III • Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news) • Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,235 per event day Category IV • Meets Category III Criteria and has one or more of the following: ▪ Has network television coverage ▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000 ▪ Charges admission to spectator ▪ Gross revenues in excess of $50,000 $5,882 per event day Additional Fees Fees Commercial Application Fee - non-refundable $924 Non-Profit Application Fee - non-refundable $616 Pass-Thru Application Fee - non-refundable $308 Amplified Sound Permit $181 Pier Plaza Use Fee $12,312 per event day Event Co-Sponsor $311 each Event Set-Up/Tear-Down $278 per location, per day Community Resources Staff $369 per day Parking Meter Space Fee $1.25 per hour (8am-8pm) $1.50 per hour (8pm-8am) Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department. Application Fees Upon review of the special event application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special event permit fees and is non-refundable. Special Event Permit Fees Events are subject to a daily permit fee based on the designated event category level. Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event. Additional Fees The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the special event is approved by the appropriate review body. Additional fees may be required for: • the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs • reservation/use of public parking spaces 157 12 • use of amplified sound • use of professional filming or still photography • presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license Damage Deposit Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign -off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided. Refund/Cancellation Policy Once a permit is approved and issued, the special event permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date. Compliance Environmental Requirements All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to: • Waste recycling and reduction • Energy efficiency • Protection of the marine environment • Community education opportunities • Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events. The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include: Title 8 – Health and Safety 8.24 Noise Control 8.64 Ban on Polystyrene Food Service Ware Title 9 – Public Peace Morals and Welfare 9.28 Parties, Events and Gatherings on Private Property Title 10 – Vehicles and Traffic 10.28 Loading and Unloading 10.32 Stopping, Standing and Parking Title 12 Street, Sidewalks and Public Places 12.20 Beach and Strand Regulations 12.24 Municipal Pier 158 13 12.28 Parks, Playgrounds and Other Public Areas 12.30 Special Events on Public Property Fee Waivers To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event application filing, review, and approval process. Events and organizations that qualify for a long -term agreement or in a City Contract are not bound to the terms of this policy. Funding Limits The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount. Awards may only be used toward indirect special event fees charged by the City; dir ect costs are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250. Fee waivers will not be considered for events taking place during the Peak Season between Memorial Day and Labor Day. Eligibility In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. New events to the City do not qualify for a fee waiver grant. Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award. Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents. The organization producing the event must meet the following criteria: 1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate: a. A community benefit; or b. A positive economic impact as a result of the event. Applicants will be requested to demonstrate the following: • A financial need or other economic justification to be considered for a Fee Waiver Grant ; • A positive community benefit through the organization or its event by meeting at least two of the following criteria: a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses; b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information: 159 14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach. Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event. Events specifically prohibited from receiving a fee waiver grant include those events that: • Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants. Approval The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm. Consideration will include careful review of: • Special Event Fee Waiver Grant Application. • Community Benefit Form • Economic Impact Report • Successful fulfillment of previously awarded grant obligations. The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program. Obligations Organization receiving grant funding through the Special Event Fee Waiver Gra nt program will be required to complete the following: • A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of: o Number of attendees. o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook. o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach. Disqualification Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year. If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants. Long-term Agreements The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long -term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City. Eligibility In order for an organization to be eligible for consideration of a long -term agreement, the event(s) must meet at least three of the following: 160 15 □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following: o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community. □ The event can demonstrate: o A community benefit; or o A positive economic impact as a result of the event. Applicants will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria: □ The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses; □ The organization and/or event can demonstrate broad community support and sponsorship; □ The event appeals to a wide segment of community members; □ The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; □ The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or □ The organization/and or event addresses an unmet community need. Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing the following information: • If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and • Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach. Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide. Term Limits LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council. Procedures The following steps are required to guide the development and implementation of an LTA: 1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria. 2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission. 3. Review and approval by the City Council to begin LTA negotiations with staff. 4. LTA negotiations and development. 5. Presentation of the final LTA to the City Council for approval. 161 16 Obligations Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60 -days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, et 162 163 Page 1 of 2 Attachment 13: Current Long-Term Agreements Organization Event Term Annual Fees Payable to the City Estimated Annual Total of Fees Paid Annual Fees Waived Estimated Annual Total of Fees Waived Twin River Management Group AVP – Hermosa Beach Open December 8, 2020- July 12, 2023 Direct Cost(s): Amplified Sound Parking (TBD) City Staff, Resources, and or Inspections (TBD) Indirect Cost(s): Category III x 6 days Set-up x 6 days Tear-down x 3 days $22,093 (plus parking and City Staff, Resources, and or Inspections TBD) Direct Cost(s): Application Fee $616 Best Day Foundation Beach Day June 14, 2020- September 10, 2023 None None Direct Cost(s): Application Fee $616 The Jewish Community Center Community Chanukah Celebration December 14, 2022- December 18, 2023 Direct Cost(s): Amplified Sound $181 Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 Fine Arts Group of Hermosa Beach Fine Arts Festival September 24, 2021- June 11, 2023 None None Direct Cost(s): Application Fee Indirect Cost(s): Category III x 2 Set-up $7,364 Great Autos of Yesteryear Endless Summer Classic Car Show May 7, 2022- May 6, 2023 None None Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 Friends of the Parks Pets in the Park, Movies at the Beach, and Pumpkins in the Park September 17, 2021- October 14, 2023 Direct Cost(s): Amplified Sound x 3 events Parking (TBD) $543 (plus parking TBD) Direct Cost(s): Application Fee x 3 events Indirect Cost(s) – Movies at the Beach: Category III Set-up $8,874 Hermosa Beach Education Foundation Hearts of Hermosa March 1, 2021- March 26, 2023 Direct Cost(s): Amplified Sound City Staff, Resources, and or Inspections (TBD) $181 (plus parking and City Staff, Resources, and or Inspections TBD) Direct Cost(s): Application Fee Indirect Cost(s): Category III Set-up x 2 days $4,407 164 Page 2 of 2 Attachment 13: Current Long-Term Agreements Organization Event Term Annual Fees Payable to the City Estimated Annual Total of Fees Paid Annual Fees Waived Estimated Annual Total of Fees Waived Spyder Surfboards Spyder Surf Fest April 24, 2021- April 22, 2023 Direct Cost(s): Amplified Sound Parking (TBD) $181 (plus parking TBD) Direct Cost(s): Application Fee Indirect Cost(s): Pier Plaza Use $12,928 International Surf Festival July 28, 2021- August 7, 2023 None None Direct Cost(s): Application Fee Amplified Sound Permit Parking (TBD) Indirect Cost(s): Category III Set-up $11,336 (plus parking TBD) Shakespeare by the Sea July 13, 2022- July 13, 2023 None None Direct Cost(s): Application Fee Amplified Sound Permit $797 Estimated Annual Total of Fees Paid: $23,179 Estimated Annual Total of Fees Waived: $72,794 165 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0697 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 EXTENSION OF TEMPORARY OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATION AND UPDATE ON DEVELOPMENT OF PERMANENT PROGRAMS (Environmental Programs Manager Doug Krauss) Recommended Action: Staff recommends City Council: 1.Receive an update on the development of permanent versions of the outdoor dining and downtown lane reconfiguration programs; 2.Provide input on staff recommendations for certain elements of the permanent program; and 3.Consider waiving full reading,introducing by title only,and adopting by four-fifths vote an Urgency Ordinance of the City of Hermosa Beach,California,extending by six months a Temporary Permit Program for Outdoor Dining/Seating and Outdoor Retail Display to Assist Restaurants,Food,and Retail Establishments During Covid-19;and Extending Temporary Lane Closures to Accommodate Outdoor Permits;and Setting Forth the Facts Constituting Such Urgency (Attachment 1). Executive Summary: At its December 14,2021 meeting,City Council provided staff with direction to develop permanent versions of the temporary outdoor dining and downtown lane reconfiguration programs that were created in response to the COVID-19 pandemic.This direction included temporarily extending the programs through May 2022.At its May 24,2022 meeting,City Council extended the programs again through January 1, 2023. Council further directed staff to return with an update detailing next steps and timelines for program development.This item provides an update on the project;requests Council’s direction on certain program elements essential to the required environmental review;and includes an Urgency Ordinance (Attachment 1)extending the programs for an additional six months.If approved,the Urgency Ordinance would allow completion of the necessary environmental review and development of the proper administrative, funding, and legislative mechanisms to allow permanent programs. City of Hermosa Beach Printed on 10/28/2022Page 1 of 9 powered by Legistar™166 Staff Report REPORT 22-0697 Background: The City has long supported and encouraged outdoor dining on private and public property to supplement indoor operations.With the onset of the pandemic and related heath orders,businesses were limited to conducting business outdoors.Recognizing this hardship,City Council approved a program to allow expanded outdoor dining and other commercial activity.The City also suspended zoning and parking requirements to allow outdoor dining on private property and established a temporary encroachment permit program to allow encroachments into sidewalks,public streets,and Pier Plaza.Both the private property programs and encroachment program (together,the “Outdoor Permit Program”)include a basic set of guidelines pertaining to hours of operation,permitted uses, maintenance, etc. The City issued over 60 permits during the term of the Outdoor Permit Program in a variety of commercial locations.Initially,City Council allowed these uses without consideration of any encroachment area rents or reimbursement of lost parking meter revenue.Pursuant to the urgency ordinances that established and later extended the Outdoor Permit Program,the program remains in effect until terminated or superseded by ordinance.In June 2021,Council approved extension of this pilot program through December 31,2021 and authorized implementation of a reapplication process for outdoor dining areas that included: ·Renewal of applicants’permissions from neighboring businesses where decks encroach upon the frontage of these other businesses.This renewal served to reconfirm cooperation and coordination between businesses,especially in light of changing situations regarding health orders, capacities, etc.; and ·Requirement of a surety bond or deposit to fund any City costs related to deck removal in the event of maintenance emergencies or abandonment. At its December 14,2021 meeting,Council approved an extension of the programs through May 31,2022.At its January 25,2022 meeting,Council discussed implementing new fees for the temporary outdoor dining encroachments and approved a fee of $1.50 per square foot per month to begin March 1.Four businesses decided to remove their on-street decks,one modified their deck area,and one sidewalk dining area was removed.None of the extended encroachment areas on Pier Plaza have been removed. City staff continues to work with all the businesses utilizing the temporary encroachments to help ensure fees and necessary paperwork have been submitted.Program revenues for the temporary encroachment areas are estimated to be approximately $400,000 annually.At its February 8,2022 meeting,Council also approved reinstatement of the prior permanent encroachment fees.These fees generate approximately $280,000 annually.At that meeting Council also approved program refinements related to the use of temporary canopies,branded furniture,aesthetic concerns,fee City of Hermosa Beach Printed on 10/28/2022Page 2 of 9 powered by Legistar™167 Staff Report REPORT 22-0697 payment, and enhanced maintenance. Lane Reconfiguration At the May 12,2020 City Council meeting,City staff presented an item describing a concept to repurpose sections of public right-of-way to improve multimodal traffic safety and expand physical- distancing options for the public and businesses per Los Angeles County Health orders related to the COVID-19 pandemic.The City Council moved quickly to accommodate these programs and staff developed guidelines based on information gathered from existing programs in other cities and internal review of policies and regulations. City Council directed staff to work with the Economic Development Committee (EDC)to explore aspects of the program that could directly benefit local businesses.At meetings in August and September 2020,Council directed staff to move forward with designs of lane reconfiguration concepts for both Hermosa Avenue and Pier Avenue.These concepts included removing one through vehicle lane in each direction,addition of a bike lane,installation of new on-street ADA accessible parking spots,and associated signage and pavement markings (hereafter,the “Downtown Lane Reconfiguration Program”).At the October 27,2020 meeting,Council awarded a contract to perform the work.Work began in early January 2021 and was completed by January 16,2021.As directed by Council,the lane reconfiguration was to be in place for at least six months starting from the completion date of the work and therefore was to operate until July 2021.At its July 13,2021 meeting,Council approved a Resolution extending the Downtown Lane Reconfiguration Program through the end of 2021.At its May 24,2022 meeting,Council approved an extension of both programs through January 1, 2023. Past Council Actions Meeting Date Description June 9, 2020 Approved Ordinance 20-1410U allowing temporary permit program for outdoor dining in response to pandemic. July 14, 2020 Directed staff to proceed with development of lane closure plans. June 22, 2021 Approved extension of the outdoor permit program through December 31, 2021. July 13, 2021 Approved Resolution authorizing extension of lane reconfigurations. October 26, 2021 Approved development and implementation of permanent versions of these programs. December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022 January 25, 2022 Discussion and approval of new fees for temporary encroachments February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas May 24, 2022 Approved extension of programs through January 2023 June 14, 2022 Approved additional refinements to the outdoor dining programs City of Hermosa Beach Printed on 10/28/2022Page 3 of 9 powered by Legistar™168 Staff Report REPORT 22-0697 Meeting Date DescriptionJune 9, 2020 Approved Ordinance 20-1410U allowing temporary permitprogram for outdoor dining in response to pandemic.July 14, 2020 Directed staff to proceed with development of lane closureplans.June 22, 2021 Approved extension of the outdoor permit program throughDecember 31, 2021.July 13, 2021 Approved Resolution authorizing extension of lane reconfigurations. October 26, 2021 Approved development and implementation of permanent versions of these programs. December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022 January 25, 2022 Discussion and approval of new fees for temporary encroachments February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas May 24, 2022 Approved extension of programs through January 2023 June 14, 2022 Approved additional refinements to the outdoor dining programs Discussion: As directed by Council at its October 26,2021 meeting,staff developed a proposed planning and implementation schedule for development of permanent versions of the Outdoor Dining Program and Downtown Lane Reconfiguration Program.The schedule included approval of urgency ordinances temporarily extending the programs,which allowed more time to develop the proper administrative, funding, and legislative mechanisms to allow permanent programs. The administrative functions for this program development include:amendments to HMBC Title 12 (Street,Sidewalks,and Public Places)for commercial encroachment into the right-of-way and potential changes in HBMC Title 17 (Zoning);CEQA analysis;discussion of encroachment fees;and analysis of potential measures,such as alternative transportation and parking management strategies,to offset the conversion of on-street public parking to other uses,in conjunction with application for a Coastal Commission development permit. The table below summarizes the planning and implementation tasks.A column detailing status and progress is also included. Task Performed By Status and Updates Evaluation of environmental effects (CEQA Analysis) Consultant(s), City Attorney Define scope of CEQA analysis based on Staff and Council direction of Project characteristics. Initial Encroachment Fee Schedule to Council City staff Fees for temporary encroachments were approved in January 2022 and existing encroachment fees were reinstated in February 2022. Municipal Code Amendments to Council (and/or Commissions, as appropriate) City staff/consultants Initial development underway. To be informed by CEQA analysis and Coastal Commission permit application. Coastal Commission Coordination and permitting City staff/consultants Staff and Coastal Commission have identified a 5-year pilot program as the optimal strategy for the required Coastal Development Permit. Stakeholder Meetings City staff and community stakeholders Informal stakeholder group meetings have been held to inform design and policy. Program Design Standards City staff/consultants Stakeholder group is assisting and additional engagement is forthcoming. Public Outreach and surveys City staff/consultants Targeted for first half 2023. Final Implementation City staff 2023 City of Hermosa Beach Printed on 10/28/2022Page 4 of 9 powered by Legistar™169 Staff Report REPORT 22-0697 Task Performed By Status and UpdatesEvaluation ofenvironmental effects(CEQA Analysis)Consultant(s), CityAttorney Define scope of CEQA analysis based on Staffand Council direction of Project characteristics.Initial Encroachment FeeSchedule to Council City staff Fees for temporary encroachments wereapproved in January 2022 and existingencroachment fees were reinstated in February 2022. Municipal Code Amendments to Council (and/or Commissions, as appropriate) City staff/consultants Initial development underway. To be informed by CEQA analysis and Coastal Commission permit application. Coastal Commission Coordination and permitting City staff/consultants Staff and Coastal Commission have identified a 5-year pilot program as the optimal strategy for the required Coastal Development Permit. Stakeholder Meetings City staff and community stakeholders Informal stakeholder group meetings have been held to inform design and policy. Program Design Standards City staff/consultants Stakeholder group is assisting and additional engagement is forthcoming. Public Outreach and surveys City staff/consultants Targeted for first half 2023. Final Implementation City staff 2023 Update and Council Direction Since the Council was last updated on the program at its June 14 2022 meeting,staff has made progress on various aspects of the program development as briefly described: ·Coastal Development Permit:City staff met with Coastal Commission staff and established that a 5-year pilot program would be an effective approach to lead to a permanent program. The pilot program would include ongoing monitoring and assessment to document the project’s effect on parking and coastal access.This may also include testing a variety of programs and measures to ensure adequate coastal access is maintained during the pilot. Staff is currently working to develop acceptable measures to be incorporated into the program that would satisfy the criteria for the Coastal Development Permit and will continue to work with Coastal Commission staff to ensure the program would meet their requirements; ·Code amendments:Staff is working with the City Attorney to identify the various code amendments that may be necessary to establish permanent outdoor dining programs in the public right-of-way.Staff is working to determine the most efficient and thorough way to accomplish the code amendments and will return to Council with next steps before Summer 2023; and ·Technical Evaluation of Potential Environmental Effects:Since 2021,staff has worked with technical consultants to identify traffic and parking patterns in the downtown area and throughout the City to understand the potential effects of the temporary outdoor dining program on circulation and parking.Utilizing these two years of data,in combination with historical data,staff is gaining a better sense of the effect of outdoor dining and the lane reconfigurations on transportation patterns and any consequent impact on emissions (Attachment 2).Additionally,staff enlisted the expertise of acoustic consultants to evaluate potential effects on roadway noise resulting from lane closures associated with the existing City of Hermosa Beach Printed on 10/28/2022Page 5 of 9 powered by Legistar™170 Staff Report REPORT 22-0697 temporary outdoor dining program. As discussed in the technical memoranda in Attachment 2,these recent technical studies conclude that the current temporary outdoor dining and lane reconfiguration programs do not result in substantial traffic diversion from the downtown area to any portion of the City,and therefore do not substantially increase roadway noise nor emissions in residential neighborhoods or other areas. Staff is working to finalize the direction and characteristics of the project so that the California Environmental Quality Act (CEQA)analysis may be initiated,and the impacts of the program evaluated.The project description will include a description of the whole of an action and the underlying physical activity being approved.Per the City’s CEQA consultant,the permanent program’s potential environmental impacts will ultimately be evaluated in comparison to baseline conditions prior to the current temporary program (“No Project”). While specific details such as aesthetics of the dining decks (design guidelines)or procedures (permitting process)will be developed later,staff seeks Council’s guidance on the following project parameters to affirm that the project matches the goals of the Council and community.These parameters closely resemble the conditions of the current temporary program which,as described above,does not present any significant environmental impacts.Council’s feedback on the items below will help ensure that staff continues to move forward efficiently to develop the details of the permanent program and, simultaneously, finalize the project description for CEQA purposes: 1. Permanent outdoor dining would only be allowed in C1, C2, and SPA-11 zoning areas; 2. Permanent outdoor dining would only be allowed along roads posted 25 miles per hour or less; 3.No additional lane reconfigurations are required and the existing changes made in conjunction with the temporary program would remain; 4.There would be a maximum displacement of 80 on-street parking spaces for the permanent dining areas with a maximum total area of approximately 9,500 square feet of dining deck area; 5.The outdoor dining would only be allowed in areas where the new use does not obstruct access to public utilities and infrastructure for emergency or maintenance purposes; 6.All dining areas would be in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; 7. The area in which individual dining areas would be located is not environmentally sensitive; and 8. No individual dining area that significantly impacts an historical resource would be permitted. Items 5-8 listed above pertain to specific CEQA considerations,related to location of specific outdoor dining areas that would be included in the final program details. Geographic extent of outdoor dining areas Staff recommends the permanent outdoor dining program be allowed citywide but with restrictions.In addition to site-specific restrictions such as accessibility to utility infrastructure or fire hydrants,etc. that are still under development,staff recommends on-street dining areas only be allowed in C1,C2,City of Hermosa Beach Printed on 10/28/2022Page 6 of 9 powered by Legistar™171 Staff Report REPORT 22-0697 that are still under development,staff recommends on-street dining areas only be allowed in C1,C2, and SPA-11 zones to minimize impact on residential areas.This would also allow the program to exist in diverse areas throughout the City. For safety purposes,staff recommends that dining areas only be allowed on streets with speed limits of 25 miles per hour or less (Attachment 3).Discussions with City traffic engineering specialists have indicated that areas with speed limits of 30 miles per hour or more would require traffic studies and safety devices that would be prohibitive and not cost effective for prospective businesses. Maximum number of outdoor dining areas At the program’s peak utilization in Spring of 2021,there were 71 parking spaces occupied by on- street dining decks throughout the City.Staff used this number to guide the potential maximum total of decks allowed under the proposed permanent project.For reference,as of October 2022,there are 17 on-street dining decks occupying 35 parking spaces with a total square footage of 8,257. Establishing a maximum number is important to help guide the ongoing monitoring and assessment of coastal access that will be required as part of the Coastal Development Permit.The information must also be included in the CEQA analysis to ensure that any potential impacts are evaluated and addressed appropriately. Staff recommends the number of on-street parking spaces occupied by the total outdoor dining area not exceed 80 on-street spaces.Eighty on-street parking spaces represent two percent of the total public parking inventory (3,969 parking spaces)in the City’s three coastal parking zones that approximately cover the entire length of the City,west of Valley Drive.Additionally,staff calculated the approximate area of these potential dining areas at roughly 9,500 square feet of public right-of-way being occupied.After subtracting the approximate area of traffic barriers and safety buffer zones within these areas,the total net outdoor dining area available that would occupy 80 on-street parking spaces would be 6,300 square feet. Staff seeks Council’s direction and recommends approval of these project features to allow completion of the technical evaluation of potential environmental effects which will subsequently inform the project description and CEQA analysis. Staff also recommends Council adopt the draft Urgency Ordinance (Attachment 1)to allow the existing temporary outdoor dining program to continue through July 1,2023.This would allow staff to complete the environmental review and CEQA determination,as well as bring to Council the necessary ordinances and other documents to establish the permanent versions of the programs. Staff anticipates returning to Council with these documents and posting them for public review in Spring 2023, well prior to expiration of this Urgency Ordinance. General Plan Consistency: The proposed program options match the model of “living streets”,also known as “complete streets”,City of Hermosa Beach Printed on 10/28/2022Page 7 of 9 powered by Legistar™172 Staff Report REPORT 22-0697 The proposed program options match the model of “living streets”,also known as “complete streets”, which supports a key guiding principle of the General Plan Vision,of fostering a vibrant local economy.A living street combines safety and livability while supporting ground floor and outdoor economic activities.This centers on designing streets that can be safely shared by both vehicular and non-vehicular traffic.A living street should also contribute to an engaging public realm and a vibrant local economy. Relevant Goals and Policies are listed below: Governance Element 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: ·6.4 Business support.Support the Chamber of Commerce,retailers,tourist service businesses,artists,and other agencies to develop an aggressive marketing strategy with implementation procedures. ·6.6 Pop-up shops.Develop plans and programs for underutilized spaces,such as vacant buildings,utility corridors,parkways,etc.,for temporary retail,restaurant,and community promoting uses. Mobility Element Goal 1.Complete Streets (Living 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. Policy: ·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. Goal 7.A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policy: ·7.1 Safe public rights-of-way.Encourage that all public rights-of-way are 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. Fiscal Impact: The Capital Improvement Fund includes $60,000 appropriated for the CEQA specialist to perform the CEQA analysis and an additional $60,000 is appropriated to fund additional traffic and parkingCity of Hermosa Beach Printed on 10/28/2022Page 8 of 9 powered by Legistar™173 Staff Report REPORT 22-0697 CEQA analysis and an additional $60,000 is appropriated to fund additional traffic and parking analysis to support this work as well as the Coastal Development Permit application. Attachments: 1.Draft Urgency Ordinance 2.Traffic Analysis 3.Map of Commercial Zones for Proposed Outdoor Dining Program 4.Link to June 9, 2020 City Council Staff Report 5.Link to July 14, 2020 City Council Staff Report 6.Link to June 22, 2021 City Council Staff Report 7.Link to July 13, 2021 City Council Staff Report 8.Link to October 26, 2021 City Council Staff Report 9.Link to December 14, 2021 City Council Staff Report 10.Link to January 25, 2022 City Council Staff Report 11.Link to February 8, 2022 City Council Staff Report 12.Link to May 24, 2022 City Council Staff Report 13.Line to June 14, 2022 City Council Staff Report Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Jeannie Naughton, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 9 of 9 powered by Legistar™174 Page 1 of 5 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 ORDINANCE NO. 22-____ AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A TEMPORARY PERMIT PROGRAM FOR OUTDOOR DINING/SEATING AND OUTDOOR RETAIL DISPLAY TO ASSIST RESTAURANTS, FOOD, AND RETAIL ESTABLISHMENTS DURING COVID-19; AND EXTENDING TEMPORARY LANE CLOSURES TO ACCOMMODATE OUTDOOR PERMITS; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Findings. A. The findings set forth in Ordinance No. 20-1410U, an urgency ordinance to Implement a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, Food, and Retail Establishments During COVID-19, and Ordinance No. 20-1413U, an urgency ordinance which extended Ordinance No. 20- 1410U until terminated or superseded by ordinance (together, the “Outdoor Permit Program”), are still relevant and incorporated herein by reference. B. On July 14, 2020, the City Council directed staff to develop options for closing parking spaces and vehicle lanes on the downtown sections of Hermosa and Pier Avenues that would encourage foot traffic and expand socially distanced outdoor dining and retail opportunities in the public right-of-way in furtherance of the Outdoor Permit Program (the “Downtown Lane Reconfiguration”). C. On August 11, 2020, the City Council, by minute order, authorized the City Manager to close one lane in each direction on Hermosa Avenue (between 8th and 14th) and implement traffic control plans to facilitate outdoor economic activity made possible by the Outdoor Permit Program. Council directed the lane closures on Hermosa Avenue to remain in place for at least six months beginning on the day the project was fully completed and businesses could utilize the set up. D. On August 20, 2020, in accordance with City Council’s direction from August 11, 2020, the City Manager acting as Director of Emergency Services issued Executive Order 2020-11, temporarily closing to vehicular traffic the northbound and southbound #2 lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th Street for at least six months, subject to extension or termination by City Council or the Director of Emergency Services. E. Starting August 20, 2020, Executive Order 2020-11 also temporarily closed to vehicular traffic the right turn lanes from westbound Greenwich Village to northbound Hermosa Avenue and a part of Hermosa Avenue immediately adjacent to 2626 Avenue until January 13, 2021, subject to extension or termination by City Council. 175 Page 2 of 5 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 F. On August 25, 2020, the City Council ratified Executive Order 2020-11 and authorized staff to extend outdoor permits issued under the Outdoor Permit Program, consistent with the approved time for the lane closures. G. On September 8, 2020, the City Council authorized staff to implement the temporary closure of parking spaces and vehicles lanes on Pier Avenue between Valley Drive and Hermosa Ave as shown in Concept #1 presented to City Council, which was to remain in place for at least six months beginning on the day the project was fully completed and operable. H. On June 22, 2021, by minute order, Council approved the extension of the Outdoor Permit Program through December 31, 2021 and authorized implementation of a reapplication process for outdoor dining and retail permits, including a new requirement for deck operators to provide a surety bond or deposit. I. On July 13, 2021, by Resolution No. 21-7290, the City Council extended through December 31, 2021 the closure of certain portions of the following streets to allow for open air dining and other business purposes: • Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) • Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) • Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue J. On May 24, 2022 the City Council approved the extension of the Temporary Permit Program for Outdoor Dining and Retail and above mentioned lane configurations in the City through January 1, 2023. K. Unlike when the Outdoor Permit Program and Downtown Lane Reconfiguration were first implemented, Los Angeles County businesses may now allow indoor dining and shopping. However, COVID-19 has not been eradicated. The risk of COVID-19 transmission (existing and possible new variants) as well as the perceived threat of COVID-19 to visitors, residents and businesses continues to be a threat. City businesses have become reliant on these new features as part of their business and residents and visitors have similarly expressed positive feedback on the use of these spaces as outdoor areas. L. State health officials and health orders continue to impose certain restrictions and requirements in relation to the COVID-19 pandemic. M. City staff, in preparing to make this Outdoor Permit Program and Downtown Lane Configuration permanent, had to conduct certain traffic counts/studies (during times that population and use would not be depressed due to COVID) and contact other State permitting agencies to create a program that could be approved. This process took considerable time and modification due to ever changing factors and direction from other permitting agencies. 176 Page 3 of 5 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 N. The City Council desires to extend the Outdoor Permit Program and Downtown Lane Reconfiguration to continue to assist businesses’ economic recovery and ease public concerns about infection while dining and shopping. This extension will allow City staff to bring back a more permanent program for City Council review without requiring the various businesses that have invested in these outdoor areas to entirely remove them and then pay for the costs of reinstallation at a later date if a permanent program is adopted. During any extension, fees will be charged in accordance with City Council direction for the use of the public right-of-way. O. This Ordinance is adopted pursuant to Government Code section 36937, for the preservation of the public peace, health, and safety of residents living within the City, and finds urgency to approve this ordinance immediately based on the facts described herein and detailed in the staff report. SECTION 2. Temporary Permit Program for Outdoor Dining and Retail. The provisions of Hermosa Beach Municipal Code Sections 17.26.050 (B), (C), 17.44.030, 17.38.550 (B), 12.16.090 and 12.16.100, regarding outdoor dining/outdoor retail displays, and off-street parking requirements for commercial and business uses continue to be temporarily suspended, to the extent they conflict with this Urgency Ordinance, to allow for implementation of items A and B, below, through July 1, 2023. A. A “Temporary Permit Program” for Outdoor Dining/Seating to assist in the economic recovery of restaurant and food establishments during the continuing COVID-19 pandemic as set forth in Exhibit A attached hereto and incorporated herein by reference. B. A “Temporary Permit Program” for businesses to display merchandise to assist in the in the economic recovery of retail establishments during the continuing COVID-19 pandemic as set forth in Exhibit B attached hereto and incorporated herein by reference. SECTION 3. Temporary Downtown Lane Reconfiguration. Portions of the following streets shall continue to be closed to vehicular traffic through January 1, 2023 to allow for open air dining and other business purposes intended to allow the public to patronize local businesses and dine outdoors in a manner that is safe and allows businesses to provide services in a way that eases concerns regarding the spread of COVID-19. A. Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) B. Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) C. Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance. 177 Page 4 of 5 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. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, in furtherance of its police power, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA , Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations). The lane closures and outdoor dining and retail program effectuated by this ordinance are necessary to facilitate outdoor economic and recreational activity to recover from the economic damage caused by COVID-19 in a way that curbs any further spread of COVID- 19. Implementation of the ordinance is thus exempt from the CEQA under the statutory exemption for actions necessary to prevent or mitigate an emergency (Public Resources Code § 21080(b)(4); CEQA Guideline § 15269(c)) and the categorical exemption for minor temporary use of land (CEQA Guideline § 15304(e)). The lane reconfigurations for the Hermosa Avenue and Pier Avenue are temporary measures created in direct response to the COVID-19 emergency. Finally, as this is a temporary measure and the improvements can be removed, there is no possibility that the lane closures will have a permanent effect on the environment. SECTION 6. Urgency Declaration; Effective Date. The City Council finds and declares that the adoption and implementation of this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety as detailed above by the City, pursuant to Government Code section 36937. As a result of prior state and local stay at home orders, a significant number of local restaurants and businesses were forced to close for an extended period. The rapid, immediate and unexpected loss of revenue from closure was devastating to local businesses, and businesses that survived the most restrictive phase of the pandemic are still struggling to make up that lost revenue. Continuing to relax local zoning requirements to temporarily allow outdoor dining and retail for six months will assist in the economic recovery of local businesses and allow City staff much needed time to refine a permanent program based on changing environmental factors and direction from other permitting agencies. This ordinance is also conducive to the public health because it will promote social distancing and make it easier to dine and patronize local business outdoors where some residents feel more comfortable due to COVID-19 transmission. The public has already begun to travel more, to gather in groups more frequently, and feel more comfortable to shop and dine. Based on these facts, coupled with continually evolving COVID-19 impact in the City, this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety. This ordinance must be passed by four-fifths of the City Council and shall take effect immediately after passage. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law. 178 Page 5 of 5 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 PASSED, APPROVED, AND ADOPTED this 25th day of October, 2022. Mike Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: _________ ___ Myra Maravilla, City Clerk Michael Jenkins, City Attorney 179 100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com Draft Memorandum Date: 10/18/2022 To: Douglas Krauss, Environmental Programs Manager– City of Hermosa Beach From: Seth Contreras, Senior Planner, and Michael Kennedy, Principal – Fehr & Peers Subject: Summary of Changes in Vehicular, Bicycle, and Pedestrian Volumes and Speed Post-Pilot Installation in Downtown, including Big Data LB21-0029.02 Post-Project Data Summary & Comparison Using Big Data Downtown Key Takeaways • When comparing the mid-day peak hour July 2022 counts with the 2015 counts from the 2017 Pier & Strand Hotel Traffic Study, vehicular volumes increased overall by 6%, with some segments experiencing more significant increases from pre-COVID / pre-pilot conditions, indicating that the counts reflected a likely return to pre-COVID level traffic volumes • The data collected in August 2021 and July 2022 indicated that the lane reduction pilot may have contributed to a 33% increase in walking and a 26% increase in biking, which was not observed for the City overall; and therefore may not be driven primarily by COVID related reopenings. • The data collected in August 2021 and July 2022 also indicated that the pilot may have contributed to 5% slower speeds observed on the roadways, which has a safety benefit for people who walk and/or bike. • Big Data – An additional Smartphone-based travel data source (called StreetLight Data) was used to evaluate the potential for traffic diversion along primary and secondary routes used to travel to and from Downtown as a result of the lane reductions on Pier Avenue and Hermosa Avenue. Weekend day StreetLight Data was gathered for the months of July and August 2019, 2020, and 2021, expanding the sample size to assess summer travel patterns. Overall activity in Downtown decreased by approximately 20% from summer 2019 to summer 2021. However, from summer 2020 to summer 2021 activity increased by 34%, indicating that activity trends and restaurant visitations in Downtown were returning to pre-COVID conditions. StreetLight Data was also used to evaluate trip distribution along primary and secondary routes for trips traveling to or from Downtown. Distribution on both lane reduction segments (Pier Avenue and Hermosa Avenue) remained the same or increased from summer 2019 to summer 2021, 180 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 2 of 13 while secondary routes (potential diversion) routes experienced a decrease in distribution. 27th Street experienced a 1% decrease in distribution, making it unlikely that the lane reductions diverted traffic onto 27th Street. Additionally, weekend day activity was analyzed for each of the summer periods along 27th Street. Overall, 27th Street activity decreased by approximately 15% from summer 2019 to summer 2021. Of the total trips using 27th Street, roughly 21% started or endedin Downtown in summer 2019, and 17% in summer 2021. In conclusion, the assessment of overall activity in Downtown, along primary and secondary routes used to travel to Downtown, and along 27th Street during each summer period likely indicates that travel patterns and volumes are returning to pre-COVID conditions, and the lane reductions are not contributing significant traffic diversions onto secondary routes and 27th Street. Big Data Using StreetLight StreetLight Big Data Methodology StreetLight Data applies proprietary machine-learning algorithms to measure travel patterns and makes them available on-demand via StreetLight InSight®, the world’s first SaaS platform for mobility. StreetLight provides powerful analyses for a wide variety of transportation studies including volume, counts, O-D and more. StreetLight algorithmically transforms trillions of location data points into contextualized, aggregated, and normalized travel pattern data to deliver insights into how vehicles, bikes, pedestrians, and bus and rail passengers move on virtually every road and Census Block. StreetLight Data collects all its transportation data as Location Based Services (LBS) data which are services based on the location of a mobile device. They obtain “low fidelity” cell phone data scrubbed of all Personally Identifiable Information (PII), and pair it with data with “high fidelity” data from GPS devices. StreetLight Data was used to evaluate vehicular traffic volumes, distribution, and overall activity before and after the pilot in Downtown. Three date periods for weekend days (Saturday & Sunday) were defined for each of the StreetLight analyses: 1. Summer 2019: Pre-Pilot (July-August 2019) 2. Summer 2020: Post-Pilot (July-August 2020) 3. Summer 2021: Post -Pilot (July-August 2021) Downtown Activity A zone activity analysis was conducted to assess the potential change in Downtown visitation and overall activity from summer 2019 to summer 2021. Table 1 shows from summer 2019 to summer 2021, overall activity in Downtown decreased by approximately 20% for the all-day period. However, from summer 2020 to summer 2021, overall activity increased by approximately 34%. While the overall change in volume from summer 2019 conditions to summer 2021 decreased, 181 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 3 of 13 the increase from summer 2020 to summer 2021 indicates that Downtown activity and visitation is likely returning to pre-COVID conditions. Table 1 – Downtown activity from Summer 2019 to Summer 2021 Day Part Summer 2019 Summer 2020 Summer 2021 ADT ADT ADT All Day (12am - 12am) 26413 15865 (-40%) 21233 (-20%) Peak AM (6am - 10am) 2761 1725 (-38%) 2272 (-18%) Mid-Day (10am-3pm) 7831 5648 (-28%) 7048 (-10%) Peak PM (3pm-7pm) 7263 4764 (-34%) 6001 (-17%) Source: StreetLight, Inc. Trip Distribution An Origin-Destination analysis was conducted to assess trip distribution along potential primary and secondary routes for trips starting or ending in Downtown during the three summer date periods. Origin-Destination zones were placed at the following locations within Downtown: 1. 27th Street w/o Morningside Drive 2. 8th Street w/o Valley Drive 3. Hermosa Avenue n/o 16th Street 4. Hermosa Avenue n/o 8th Street 5. Manhattan Avenue n/o Pier Avenue 6. Manhattan Avenue s/o Pier Avenue 7. Monterey Boulevard n/o Pier Avenue 8. Monterey Boulevard s/o Pier Avenue 9. Pier Avenue w/o Valley Boulevard Table 2 shows from summer 2019 to summer 2021, distribution of trips along primary and secondary routes used to travel to and from Downtown remained consistent. More than 95% of trips traveling to or from Downtown in the summer periods used at least one of these routes. The Pier Avenue and Hermosa Avenue segments, where the lane reductions were implemented, accounted for approximately 74% of trips in summer 2019, increasing to roughly 79% in summer 2020 and summer 2021. Other secondary routes used as potential diversion routes such as Monterey Boulevard and Manhattan Avenue did not see an increase in trips from pre- to post- pilot conditions. Additionally, 27th Street experienced a decrease in trips from pre- to post-pilot. Table 2 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021 Zone ID Zone Name Trip Distribution 182 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 4 of 13 Summer 2019 Summer 2020 Summer 2021 % % % 1 27th Street (w/o Morningside) 7.0% 5.9% 6.2% 2 8th Street (w/o Valley) 7.4% 7.2% 6.0% 3 Hermosa Avenue (n/o 16th) 17.2% 16.9% 17.1% 4 Hermosa Avenue (n/o 8th) 21.7% 22.7% 22.6% 5 Manhattan Ave (n/o Pier) 2.9% 1.6% 2.0% 6 Manhattan Ave (s/o Pier) 2.5% 2.0% 2.1% 7 Monterey Boulevard (n/o Pier) 2.2% 2.0% 1.6% 8 Monterey Boulevard (s/o Pier) 3.0% 2.3% 2.5% 9 Pier Avenue (w/o Valley) 36.0% 39.5% 39.8% Source: StreetLight, Inc. Figure 1 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021 27th Street Diversion A zone activity analysis was conducted to assess overall activity along 27th Street from summer 2019 to summer 2021. Table 3 shows from summer 2019 to summer 2021, 27th Street experienced a decrease in overall activity from pre-COVID / pre-pilot conditions. Additionally, 183 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 5 of 13 roughly 21% of trips traveling along 27th Street originated or ended in Downtown in summer 2019, decreasing to 17% in summer 2021. Table 3 – 27th Street activity from Summer 2019 to Summer 2021 Day Part Summer 2019 Summer 2020 Summer 2021 ADT ADT ADT All Day (12am - 12am) 10061 7935 (-21%) 8545 (-15%) Peak AM (6am - 10am) 1147 794 (-31%) 890 (22%) Mid-Day (10am-3pm) 3421 2915 (-15%) 3014 (-12%) Peak PM (3pm-7pm) 2959 2586 (-13%) 2458 (-17%) Source: StreetLight, Inc. Traffic Count Overview This memorandum summarizes observed changes in traffic volumes and bicycle/pedestrian activity along several Downtown streets in Hermosa Beach after the installation of the pilot project. The pilot project involved a one lane reduction in both directions of travel along Hermosa Avenue (from 8th Street to 14th Street) and Pier Avenue (from Hermosa Avenue to Valley Drive) in Downtown. The counts were taken in July 2022 which were collected on a Saturday per the City’s request to capture summer visitation and activity to Downtown. The July 2022 counts were compared to the August 2021 counts for the same locations to assess the adjusted effects of the lane reductions along Hermosa Avenue and Pier Avenue. Additionally, the July 2022 counts were compared to the August 2015 counts from the 2017 Pier & Strand Hotel Traffic Study to evaluate changes from pre-COVID-19 volumes. For this comparison, three additional locations were added to the July 2022 counts along Manhattan Avenue and Monterey Boulevard to assess potential traffic diversion as a result of the lane reductions. Table 4 below provides a summary of the overall change in daily traffic volumes between August 2021 and July 2022 in Downtown at six selected street segments: 1. 8th Street between Hermosa Avenue and Monterey Boulevard (start of lane reduction) 2. Hermosa Avenue at 11th Street (lane reduction section) 3. Hermosa Avenue at 13th Street (lane reduction section) 4. Pier Avenue between Hermosa Avenue and Monterey Boulevard (lane reduction section) 5. Monterey Boulevard between 11th and Pier Avenue (adjacent to lane reduction section) 6. Pier Avenue west of Valley Drive (major gateway for the City) 184 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 6 of 13 Overall, the six Downtown locations saw an average increase of 32% in daily vehicular volumes from August, 2021 to July, 2022, as traffic continued to return to pre-COVD-19 conditions and restaurant visitations. However, Table 5 below provides a summary of the overall change in daily traffic volumes between July 2022 midday peak period counts and August 2015 midday peak period counts in Downtown at the six selected street segments analyzed across pre- and post-pilot conditions (1- 6) and three additional segments to evaluate potential traffic diversion (7-9): 1. 8th Street between Hermosa Avenue and Monterey Boulevard (start of lane reduction) 2. Hermosa Avenue at 11th Street (lane reduction section) 3. Hermosa Avenue at 13th Street (lane reduction section) 4. Pier Avenue between Hermosa Avenue and Monterey Boulevard (lane reduction section) 5. Monterey Boulevard between 11th and Pier Avenue (adjacent to lane reduction section) 6. Pier Avenue west of Valley Drive (major gateway for the City) 7. Manhattan Avenue between Pier Avenue and 14th Street (traffic diversion section) 8. Manhattan Avenue between Pier Avenue and 10th Street (traffic diversion section) 9. Monterey Boulevard between Pier Avenue and 16th Street (traffic diversion section) Overall, the nine Downtown locations saw an average increase of 6% in daily vehicular volumes from August, 2015 to July, 2022. This negligible overall increase in volumes is indicative of travel patterns, restaurant visitation, and overall Downtown activity returning to Pre-COVID conditions. Both Manhattan Avenue and Monterey Boulevard segments experience considerable increases in volume while the lane reduction sections (Hermosa Avenue and Pier Avenue) experienced minimal change, with most experiencing a slight decrease in volumes. One possible explanation for this decrease along the lane reduction sections and increase on traffic diversion sections is visitors opting for alternative routes into Downtown. 8th Street experienced the highest increase in volume (42%) which may explain the increased volumes along Manhattan Avenue and Monterey Boulevard. 185 100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com Table 4 – Observed Daily Traffic Volumes in Downtown in August, 2021 and July, 2022 Downtown 2021 Post-Pilot August Traffic Volumes (Saturday) 2022 Post-Pilot July Traffic Volumes (Saturday) No. Street Segment August 2021 NB/EB August 2021 SB/WB August 2021 Total Segment Volumes July 2022 NB/EB July 2022 SB/WB July 2022 Total Segment Volumes % Change in Total Volumes 1 8th St between Hermosa Ave & Monterey Blvd 1,285 1,424 2,709 1,806 1,960 3,766 39% 2 Hermosa Ave at 11th St 4,034 3,839 7,873 6,074 5,675 11,749 49% 3 Hermosa Ave at 13th St 4,549 3,479 8,028 6,160 4,837 10,997 37% 4 Pier Ave between Hermosa Ave & Monterey Blvd 3,786 4,507 8,293 5,083 5,976 11,059 33% 5 Monterey Blvd between 11 St & Pier Ave 1,620 1,080 2,700 2,128 1,371 3,499 30% 6 Pier Ave west of Valley Dr 5,774 6,672 12,446 6,955 7,314 14,269 15% NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change +32% Table 5 – Observed Midday Peak Hour (1:45 pm – 2:45 pm) Traffic Volumes in Downtown in August, 2015 and July, 2022 Downtown 2015 August Traffic Volumes (Saturday) 2022 Post-Pilot July Traffic Volumes (Saturday) No. Street Segment August 2015 NB/EB August 2015 SB/WB August 2015 Total Segment Volumes July 2022 NB/EB July 2022 SB/WB July 2022 Total Segment Volumes % Change in Total Volumes 1 8th St between Hermosa Ave & Monterey Blvd 92 100 192 121 151 272 42% 2 Hermosa Ave north of 11th St 418 438 856 409 400 809 -5% 3 Hermosa Ave north of 13th St 432 363 795 523 370 893 12% 4 Pier Ave between Hermosa Ave & Monterey Blvd 353 399 752 390 412 802 7% 186 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 8 of 13 5 Monterey Blvd between 11 St & Pier Ave 138 86 224 181 118 299 33% 6 Pier Ave west of Valley Dr 531 551 1,082 475 494 969 -10% 7 Manhattan Ave between Pier Ave & 14th St 101 129 230 127 155 282 23% 8 Manhattan Ave between Pier Ave & 10th St 69 101 170 125 96 221 30% 9 Monterey Blvd between Pier Ave & 16th St 139 115 254 145 119 264 4% NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change +6% When looking closer at the vehicular volumes in Tables 1-2 for Hermosa Avenue July, 2022, the total segment volumes after the pilot installation were 6% higher than the volumes observed in 2015 (pre-COVID, and without lane reductions) as part of the 2017 Pier & Strand Hotel Traffic Study. 187 100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com Figure 2 Figure 3 192 856 795 752 224 1,082 230 170 254 272 809 893 802 299 969 282 221 264 - 200 400 600 800 1,000 1,200 8th Streetbt Hermosa&Monterey HermosaAvenue n/o11th HermosaAvenue n/o13th Pier Avenuebt Hermosa&Monterey MontereyBoulevardbt 11th &Pier Pier Avenuew/o Valley ManhattanAvenue btPier & 14th ManhattanAvenue btPier & 10th MontereyBoulevardbt Pier &16th Midday Peak Hour Segment Volumes from August (Saturday) 2015 vs. July (Saturday) 2022 August (Saturday) 2015 July (Saturday) 2022 42% -5% 12% 7% 33% -10% 23% 30% 4% -20% -10% 0% 10% 20% 30% 40% 50% 8th Streetbt Hermosa& Monterey HermosaAvenue n/o11th HermosaAvenue n/o13th Pier Avenuebt Hermosa& Monterey MontereyBoulevardbt 11th &Pier Pier Avenuew/o Valley ManhattanAvenue btPier & 14th ManhattanAvenue btPier & 10th MontereyBoulevardbt Pier &16th Percent Change in Midday Peak Hour Segment Volumes from August (Saturday) 2015 vs. July (Saturday) 2022 188 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 10 of 13 Figure 4 Figure 4 above shows the 85th percentile speed for each road segment (for both directions of travel) in August, 2021 and July, 2022. Most of the segments saw minor decreases (or no change) in speed. The Pier Avenue segment west of Valley Drive saw a slight increase in speed (of 1 mph) compared to August, 2021. Overall, speeds were 2% slower after the pilot. Figure 5 (collected using cameras, and includes skateboarders) 23 22 24 24 29 19 22 21 24 23 28 20 - 5 10 15 20 25 30 35 8th St betweenHermosa Ave &Monterey Blvd Hermosa Ave at11th St Hermosa Ave at13th St Pier Ave betweenHermosa Ave &Monterey Blvd Monterey Blvdbetween 11 St &Pier Ave Pier Ave w/oValley Dr85th Percentile Speed (mph)Downtown Daily Segment 85th Percentile Speeds (mph) August (Saturday) 2021 v. July (Saturday) 2022 August (Saturday) 2021 July (Saturday) 2022 349 1,128 1,502 2,083 235 544 1,389 1,642 3,169 296 - 500 1,000 1,500 2,000 2,500 3,000 3,500 8th St betweenHermosa Ave &Monterey Blvd Hermosa Ave at11th St Hermosa Ave at13th St Pier Ave betweenHermosa Ave &Monterey Blvd Monterey Blvdbetween 11 St &Pier Ave Change in Pedestrian/Walking Activity August 2021 v. July 2022 Aug-21 Jul-22 189 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 11 of 13 Figure 6 (collected using cameras; Scooters were not counted) Figure 5 shows the change in pedestrian/walking activity, and Figure 6 shows the change in bicycle activity in Downtown. Pedestrian walking activity increased in Downtown by approximately 33% in July, 2022 versus August, 2021, and bicycle activity increased by approximately 26%. Individually, there were no decreases in biking or walking at any of the observed locations from August, 2021 to July, 2022. 107 612 650 300 62113 779 804 433 54 0 100 200 300 400 500 600 700 800 900 8th St betweenHermosa Ave &Monterey Blvd Hermosa Ave at11th St Hermosa Ave at13th St Pier Ave betweenHermosa Ave &Monterey Blvd Monterey Blvdbetween 11 St &Pier Ave Change in Bicyclist Activity August 2021 v. July 2022 Aug-21 Jul-22 190 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 12 of 13 Helmet Wearing and e-Bike Data Figure 7 (collected using cameras and then post-processed) Figure 8 (collected using cameras and then post-processed) 0 100 200 300 400 500 600 700 800 900 8th St between Hermosa Ave & Monterey Blvd Hermosa Ave at 11th St Hermosa Ave at 13th St Pier Ave between Hermosa Ave & Monterey Blvd Monterey Blvd between 11 St & Pier Ave July 2022 Downtown Bicyclists Counts (Helmet vs No Helmet) Helmet No Helmet 0 100 200 300 400 500 600 700 800 900 1000 8th St between Hermosa Ave & Monterey Blvd Hermosa Ave at 11th St Hermosa Ave at 13th St Pier Ave between Hermosa Ave & Monterey Blvd Monterey Blvd between 11 St & Pier Ave July 2022 Downtown Bicycle Counts (E-bike vs Non E-bike) E-bike Non E-bike 191 Douglas Krauss, City of Hermosa Beach 10/18/2022 Page 13 of 13 Figure 9 (collected using cameras and then post-processed) Figures 7-9 show the percentage of bicyclists who were observed wearing a helmet, along with whether the bicycle was an e-bike (pedal-assisted or fully powered by an electric motor). Approximately 65% of the observed bicyclists in July, 2022 did not wear a helmet, while the other 35% did wear a helmet (Figure 5). Additionally, of all the observed bicyclists, 8% were e-bikes, while the other 92% were traditional, human-powered bicycles (Figure 6). Just under half of the e- bike riders wore a helmet (Figure 7). 0 10 20 30 40 50 60 70 80 90 8th St between Hermosa Ave & Monterey Blvd Hermosa Ave at 11th St Hermosa Ave at 13th St Pier Ave between Hermosa Ave & Monterey Blvd Monterey Blvd between 11 St & Pier Ave July 2022 Downtown E-bike Counts (Helmet vs No Helmet) Helmet No Helmet 192 6th St ArdmoreAve28th St 21st S t Cypress AvePacificCoastHwy29th St Har per AveMornings ide Dr Ing les ide Dr 30th Pl 7th PlBonnieBraeStP ro s p e c t A v e Montere y Bl vd19 t h S t 10th St 30th St 8th S tPalmDr 25th St HermosaAveBeachDrBeachDr2nd S t 16th St 24th St 5 t h S t G o u l d Ave Reynolds Ln31st Pl Ozone Ct 1st St Ho llowellAveRhodes StOcean Dr31st St 30th St Loma Dr32nd Pl A r dmor eAve14th St 17th StHermosa Ave 3rd St3rd St 6th St 3 3 r d P lManhat t anAve10th St 9th St 7th St ManhattanAveAlley 16th StBayviewDrLomaDr 28th Ct 33rd St Artesia Blv d 29th Ct 8th PlSunset Dr27th St LomaDrThe StrandLongfellow A v e H e r o n d o S tVa ll ey Dr HillcrestDr24th Pl 2nd St Adjacent to 25 MPH street(s) Adjacent to 25 MPH street(s) AND 30+ MPH street(s) 25 MPH Streets Adjacent to Commercially Zoned Parcels Commercially Zoned Parcels C-1 Limited Business and Residential C-2 General Commercial C-3 General and Highway Commercial SPA Specific Plan Area (Commercial) ¯0 500 1,000250 Feet Commercial Areas and Streets with 25 MPH speed Limits Updated: 9/21/2022 193 From:tony higgins To:City Clerk Subject:EDITED: Written Supplemental to X.I.V.c Permit Extensions - please retain original email formatting. PLEASE USE THIS EDITED VERSION Date:Wednesday, November 2, 2022 8:44:54 AM Attachments:56be6fa0-d25a-4e75-b997-54eec2a1d2a1.tiff From: Tony Higgins To: City Council Re: Opposition to Permit Extensions For more than two years now the city has issued temporary extension after temporary extension that subvert and avoid the due process protections that CEQA provides to vulnerable neighborhoods from the cumulative significant direct and indirect impacts of discretionary projects like the Outdoor Dining, Pier Ave Lane Reduction and the Bicycle Lane projects that are dependent on truck route lane closures and that now force heavy truck traffic onto steep narrow residential streets. Other discretionary projects include the opening of vista elementary and the consequent traffic queuing problems on 27th and the Herondo Berm project more fully described below that coupled with the Pier Ave Lane Reduction Project have turned 27th street into a defacto truck route. Simple vehicle-counts do not capture these significant impacts. And simple vehicle counts to not meet Ceqa’s statutory requirement to assess the health and safety consequences related to traffic noise, near roadway pollution and truck vibration as described below. Moreover simple vehicle counts don’t compare intersection queuing that has increased exponentially on 27th nor does it consider the impacts of increased cross-traffic on Morningside and the honking that the increased intersection queuing brings as drivers aggressively try and avoid the traffic and speed down side streets and around the queues. I describe these conditions more fully in the attached 2 emails and I hope you will take the time to read this since I will not be able to describe most of these concerns in the mere 3 minutes you allot me for oral comments. CEQA exists large part to force city’s to respond resident concerns about significant discretionary impacts like those described below that would otherwise be round-filed and ignored. To summarize, the city’s traffic analysis failed to identify the cumulative impact of shifts in heavy truck patterns brought about by (1) the closure of one lane in each direction of the 194 only east/west truck route in the city that runs from PCH to Hermosa Ave and (2) the Herondo Berm project, restricts large trucks from using Herondo Ave to access the downtown business district via Hermosa Ave northbound. The truth is the true impacts to 27th street are being manipulated and obfuscated by the city in order to try and justify issuing a CEQA NEGATIVE DECLARATION for the Lane Reduction Project and deny residents in vulnerable neighborhoods their due process protections under a Ceqa EIR. Either that, or it’s that some if not all of the councilmen support this deception because you have determined that suppressing a CEQA EIR is for the greater good. There are many other problems with the City’s traffic analysis which I will try and speak too in my 3 minute oral comments on Nov 3rd; but the bottom line is the city wants to restrict a thorough analysis of the cumulative significant impacts of discretionary projects by chocking off the CEQA EIR process related to the outdoor dining, Lane Reduction Project and the Bicycle Lane projects by providing misleading statistics and apples to oranges comparisons that cleverly hide the true significant cumulative noise and near roadway pollution impacts and ignore the fact that temporary extension after temporary extension allows the city to subvert and bypass the ceqa process. That’s just unethical. The lack of heavy truck counts (e.g medium and large heavy trucks) in the traffic statistics and a comparison of changes since the lane closure is just one of many examples that drive home the point that meaningful noise, vibration and near roadway pollution measurements must be done and the health implications must be assessed to satisfy the CEQA statute. More examples are provided below. Anthony Higgins Begin forwarded message: From: tony higgins <tony.higgins123@gmail.com> Date: September 21, 2022 at 12:05:19 PM PDT To: Douglas Krauss <dkrauss@hermosabeach.gov> 195 Cc: Jeannie Naughton <jnaughton@hermosabeach.gov>, rjackson@hermosabeach.gov, jmassey@hermosabeach.gov, Joseph SanClemente <jsanclemente@hermosabeach.gov>, Kevin Cody <kevin@easyreadernews.com> Subject: Traffic backed up on 27th street this morning from Valley almost to Manhattan Ave Dear Analyst Krauss I had to abandon my front yard again because it absolutely wreaked of auto exhaust. There were backups on 27th from Valley Drive to Manhattan Ave that lasted about 30 minutes. Above is a truck stuck in the backup 196 Four minutes later the same truck has barely moved. Check the photo’s metadata for yourself. 197 Three minutes later that same truck (yellow rectangle) still had not reached valley drive. A wide angle of the backup follow but the net of this is if you live on 27th you are now screwed over once again. Why would you close one lane of the city’s only truck route that runs from PCH to Hermosa Ave meaning Pier Ave? Why would the city allow berms on Herondo at 198 Hermosa Ave that restrict large trucks from accessing the Westside from Herondo? More examples of how simple traffic counts are totally inadequate in meeting the city’s statutory obligations under CEQA are provided below: From: tony <tony.higgins123@gmail.com> Date: February 11, 2020 at 1:40:05 PM PST To: City Council <citycouncil@hermosabch.org> Cc: Tony Higgins <tony.higgins123@gmail.com>, krobertson@hermosabch.org, Marnell Gibson <mgibson@hermosabeach.gov>, Michael Jenkins <Michael.jenkins@bbklaw.com> Subject: Traffic Noise Levels per General Plan 199 Dear City Council Members. The general plan is clear on TRAFFIC NOISE levels in Residential Areas THE GENERAL PLAN SAYS: Maximum TRAFFIC NOISE should be restricted to no more than 5dBA above the ambient standard levels in residential areas, and to no more than 10 dBA above the ambient standard levels in commercial and manufacturing areas. The city knows full well the traffic noise levels on 27th are likely [15-20] db or more above the level of 55db specified in the General Plan for R2 neighborhoods. Note: Every 5db represents a doubling of the traffic noise level as the ear hears it, so a 15db increase represents 2^3 or 8 times louder and 20db increase is 2^4 or 16 times louder. THE GENERAL PLAN GOES ON TO SAY 8.3 Traffic calming. Where roadway noise levels exceed the “normally compatible” range shown in the Land Use/Noise Compatibility Matrix (below), consider the implementation of traffic calming measures such as reduced speed limits or roadway design features to reduce noise levels through reduced vehicle speeds and/or diversion of vehicular traffic. 8.4 Enforcement. Increase the enforcement of posted speed limits and the noise standards included in the State’s Motor Vehicle Code to reduce noise impacts from vehicles, particularly in residential areas. The city knows full well it has not done and traffic calming or increased traffic noise enforcement on 27th that comport with 8.3 and 8.4 above per public records requests i now have. If i recall correctly the last time a vehicle was cited for excessive noise on 27th was 2008. I can pull up the public records request. The city knows full well the effects of many discretionary projects have significantly 200 increased noise, near roadway pollution and vibration on 27th and these traffic noise levels have surpassed the zone where mitigations are called for and approaching the traffic noise levels that most California General Plans classify as NOT COMPATIBLE FOR RESIDENTIAL USE (eg 65db CNEL) I will present evidence that the city systematically excluded collection of safety, noise and vibration data on 27th street between Morningside and Manhattan Ave AND Gould adjacent to Valley Park in the General Plan, while knowing it intended to change its designation from a Local Collector Road to a Minor Arterial and a defacto truck route. Note: the city knows full well that many trucks are using 27th as a defacto truck route and IMPLEMENTING a NEW TRUCK ROUTE REQUIRES a CEQA ANALYSIS. I will present evidence that clearly points to the fact that the City was well aware that 27th would not meet the noise and vibration standards for R2 zoned neighborhoods and then excluded the collection noise data on this narrow roadway that was highly vulnerable road to traffic noise in the General Plan. See the map below and notice 27th street was excluded from the Traffic Noise analysis. This is clear and compelling evidence that the city did noise and vibration analysis on road segments that were far less vulnerable to the impacts of traffic noise while excluding 27th street. The city is well aware 27th has steep inclines and homes that are densely packed and have no parking buffer and these factors significantly impact noise and this makes 27th extremely vulnerable to noise impacts. Why weren’t noise measurements done on this road sequent in 2018 Plan Hermosa? I will present evidence that over the past 2 years city has systematically occluded and misrepresented the increase in vehicle and truck traffic on 27th street and denied the cumulative indirect and direct impacts that discretionary projects have had on 27th street traffic volume. 201 For instance the NTMP vehicular count showed traffic had increased 100% between 2016-2019 even though the General Plan forecast only a ~25% increase for the same period. That the city used this huge jump in traffic as the new baseline traffic level and did not show the trending goes to the heart of my obfuscation claims. I can present email evidence that the former Police Chief McKennion flat out lied in saying the City did enforce truck route laws on 27th and had issued citations when in fact public records requests proved no citations had been issued There is no reason whatsoever to think the unforcasted 100% increase in vehicle counts between 2016 and 2019 did not apply to Heavy Truck Traffic on 27th and the closing truck route lanes on Pier Ave only exacerbated this growing problem. The simple fact is the city has long known that minimum safety, noise and vibration standards could not be met if 27th was allowed to become a downtown truck route because of its steep hills, narrow roadway, dangerously obstructed sidewalks and the lack of a parking buffer between trucks and densely packed homes. The city knew this and that is why noise and vibration measurements on 27th were not done, and far less vulnerable andf busy road segments were instead analyzed in the 2018 General Plan. This was no accident it was systematic manipulation and obfuscation of data that might impede the city’s plans to turn Pier Ave into more of a walk street. The time to do a comprehensive analysis of safety, noise and vibration impacts and 202 conditions on 27th has come. Simply stated the City would not be able to declare 27th a minor arterial and use it as a defacto truck route if these noise measurements and considerations of the unique safety conditions were analyzed in the General Plan Please see the map below and explain why so many 27th (yellow) was excluded and roads like Ardmore and 8th street were included. Finally please consider that the city is trying to say that 10,000 vehicles per day on 27th’s narrow and steep residential street won’t have health, safety and quality of life implications The city is trying to say that the noise, near roadway pollution and 203 vibration standards established in the General Plan won’t be exceeded by 10,000 vehicles a day and it is under no obligation to mitigate it. With 10,000 vehicles a day that likely works out to 750-1000 heavy trucks per day screaming up and down 27th’s steep narrow road, many just inches from the curb and 6 feet from our property line. Consider if only 5% of these 10,000 vehicles a day are excessively loud modified exhaust vechiles that’s 500 modified exhaust vehicles per day. And consider if only 1 in 10 of these modified exhaust vehicles actually scream up 27th street that’s 50 times a day or about once every 15 minutes over an 18 hour period laying waste to our sleep patterns and quality of life. And this has health consequences. Just last night I was woken up 4 times by these obnoxiously loud vehicles. It’s time for the city to do measurements and take action. Thank You Anthony Higgins 204 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0640 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 AWARD A CONTRACT FOR MOBILE PARKING PAYMENT SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council: 1.Award a contract for mobile parking payment systems (pay-by-app)services to ParkMobile, LLC,for a term of three years beginning November 4,2022,and ending November 3,2025 (Attachment 1); and 2.Authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney. Executive Summary: Following a competitive bid process,staff recommends City Council award the mobile parking payment system (pay-by-app)services contract to ParkMobile,LLC for a term of three years beginning November 4,2022 and ending November 3,2025 with the option to extend for additional one-year periods. Background: At its December 17,2019 meeting,City Council was presented a Coastal Zone Parking Management Study (Study),prepared by the IBI Group.The Study provided an assessment of parking resources within the Coastal Zone as part of the City’s efforts to obtain a certified Local Coastal Program.The study presented 12 recommendations including implementation of an App-Based Mobile Pay System. Council directed staff to return with a detailed list of action items for each of the recommendations from the Study. At its January 21,2022 Parking Study Session,staff provided City Council with an update regarding the intent to implement a mobile parking payment program to move toward a demand-based parking program that would provide the ability to adjust rates and regulations and to make it as easy as possible for users to find a parking space. City of Hermosa Beach Printed on 10/28/2022Page 1 of 5 powered by Legistar™205 Staff Report REPORT 22-0640 Past Council Actions Meeting Date Description December 17, 2019 City Council received and accepted the findings of the Coastal Zone Parking Management Study (Study), prepared by the IBI Group and directed staff to return with a detailed set of action items for each of the recommendations. January 31, 2022 City Council held a Parking Study Session and received an update regarding the implantation of a mobile parking payment system. Analysis: On September 23,2021,the City issued an RFP (Attachment 2)inviting highly qualified vendors to submit proposals providing the most current technology in the parking asset management industry through a competitive process.The RFP was advertised on the City’s website and the City’s online bidding platform,PlanetBids.The City received a total of eight proposals in response to the RFP.The proposing vendors included:Flowbird;Hot Spot;IPS;Pango;ParkMobile;Passport;PaybyPhone; and Premium Parking. The proposals were evaluated on the following factors: ·System Requirements and Features; ·Relevant Experience, Expertise, and Equipment; ·Administration; and ·Cost to City and End User. Following an initial evaluation of the submitted proposals,staff held interviews with the top scoring consultants.Based on a review of the submitted proposals,interviews,and a check of references, staff recommends City Council award a contract to the most qualified vendor,ParkMobile.The recommended vendor is also used locally in the coastal cities of Huntington Beach,Newport Beach, Redondo Beach, and San Diego. The services and platform offered by ParkMobile include all of the desired features for end users and City staff.The payment platform allows customers to pay their parking fees on their smart phone utilizing various payment methods such as credit or debit cards,PayPal,and other mobile wallet options.The end user is able to affect payment from the convenience of their car,set up expiration City of Hermosa Beach Printed on 10/28/2022Page 2 of 5 powered by Legistar™206 Staff Report REPORT 22-0640 options.The end user is able to affect payment from the convenience of their car,set up expiration notifications,and add time from their current location without returning to a meter or pay station.The ParkMobile app also allows end users to manage vehicles,save their favorite or recent parking zones,utilize a “find my car”feature,and gives end users the ability to view and print their parking history. ParkMobile offers end users and City staff a customer care and member services center that is available 24 hours per day,year-round.Should the need arise,inquiries or disputes could be submitted via phone,email,app,or vendor website.In addition,ParkMobile recognizes the importance of signage and decals and proposes to include these at no cost for the initial deployment. The City would be responsible for installation. Based on a comprehensive review of the proposals,staff recommends award of a contract for mobile parking payment systems (pay-by-app)services to ParkMobile,LLC,for a term of three years beginning November 4,2022,and ending November 3,2025 with an option to extend for additional one-year periods. If approved,staff would begin preparations for implementation of the program including commencement of a communication campaign and installation of the necessary signage.For the initial deployment,staff recommends beginning this new program in the high demand parking areas of Lots A,B,and C.The phased deployment would allow the initial configuration of back-end systems,training of staff,and communication to the public.The three lots combined have approximately 430 parking stalls.The existing parking kiosks would remain as an additional option for end users should they not desire the pay-by-app option. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Mobility Element Goal 4.A parking system that meets the parking needs and demand of residents,visitors,and employees in an efficient and cost-effective manner. Policy: ·4.7 Parking availability.Optimize parking availability through dynamically adjusted pricing and new technology to manage available spaces for short-term parking use to encourage rates of turnover that are responsive to fluctuating demands. City of Hermosa Beach Printed on 10/28/2022Page 3 of 5 powered by Legistar™207 Staff Report REPORT 22-0640 Parks and Open Space Element Goal 6.The coast and its recreational facilities are easily accessible from many locations and by multiple transportation modes. Policy: ·6.10 Paid parking.Provide parking payment systems that respond to demand and improve ease of use. Infrastructure Element Goal 1. Infrastructure systems are functional, and well maintained. Policy: ·1.5 New technologies.When feasible,utilize emerging technologies and funding strategies that improve infrastructure efficiency, sustainability, and resiliency. Fiscal Impact: Staff recommends the City use its current credit card processing company,AMG.Under this approach,the City would continue to pay the merchant processing fee of $0.05 per transaction plus approximately 4.6 percent of the total cost of the transaction to AMG.These charges are the same as if the end user pays with a credit/debit card directly at a parking kiosk or parking meter.Pay-by-app payments bypass the parking meter’s credit card processing system and,as a result,the City would not be charged the IPS secure gateway transaction fee for credit/debit card transactions,which is currently $0.06 for parking meters or $0.13 for parking kiosks.Any savings in fees related to pay-by- app usage would be reflected in future budgets. If the end user pays by cash or debit/credit card using a parking kiosk or parking meter,the City collects $1.25 for one hour of parking.However,if an end user employs the pay-by-app to purchase parking,the cost for the first hour would increase to $1.50.The City would receive net revenue of $1.25 per hour and ParkMobile would receive a $0.25 transaction fee for their services.The transaction fee would only be charged once and would not apply to an extended session.However, the credit/debit card processing fees are paid by the City for each transaction. Attachments: 1.Draft Professional Services Agreement 2.Request for Proposals (RFP) Mobile Parking Payment Systems City of Hermosa Beach Printed on 10/28/2022Page 4 of 5 powered by Legistar™208 Staff Report REPORT 22-0640 3.ParkMobile Proposal 4.ParkMobile Informational Flyer 5.Link to December 17, 2019 City Council Staff Report 6.Link to January 31, 2022 City Council Parking Study Session Staff Report Respectfully Submitted by: Dave Wilson, Management Analyst Concur: 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 10/28/2022Page 5 of 5 powered by Legistar™209 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 17 CONTRACT FOR PROFESSIONAL SERVICES FOR MOBILE PARKING PAYMENT SYSTEMS (PARKING PAY-BY-APP) BETWEEN THE CITY OF HERMOSA BEACH AND PARKMOBILE, LLC This AGREEMENT is entered into this 4 day of November, 2022, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY” or “CLIENT”) and Parkmobile, LLC, a Delaware limited liability company (“VENDOR” or “PARKMOBILE”). R E C I T A L S A. The City desires to enter into an agreement with VENDOR for mobile parking payment systems. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Vendor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Vendor to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Vendor agree as follows: 1 CONSIDERATION AND COMPENSATION As partial consideration, VENDOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, VENDOR and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay VENDOR in accordance with EXHIBIT A. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. 2 SCOPE OF SERVICES. VENDOR will perform the Services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. "Services" means the ParkMobile Application, the Platform, and all other services provided by ParkMobile under this Agreement. "ParkMobile Application" means any and all mobile and/or web applications, services, or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile and that are made available to the general public and that facilities the payment of parking transactions. "Platform" means access-controlled mobile and/or web applications, services or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile that are made available to Client to administer, configure, manage and/or monitor parking sessions, parking rates, and/or parking restrictions associated with Client’s Parking Locations. 210 City of Hermosa Beach Page 2 of 17 "Parking Location" means the location or locations of Client’s on-street parking, off-street parking, reservation parking, parking lots, parking decks, permitted parking, and other facilities where ParkMobile Users may park. “ParkMobile User" means an end user that uses the ParkMobile Application. Except as herein otherwise expressly specified to be furnished by CITY, VENDOR 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 VENDOR by this Agreement. The parties agree that ParkMobile does not own, operate, manage, or maintain any Parking Location. Client agrees that ParkMobile is not responsible for the condition or operation of any Parking Location, including, but not limited to, the operation of third-party hardware and/or software-based solutions used by Client at the Parking Location or for the delivery and/or fulfillment of parking or other services at the Parking Location. Client will not, directly or indirectly, and will not permit any third party to, access or use the Platform except as expressly permitted by this Agreement. 3 PAYMENTS. Client shall pay ParkMobile the fees set forth in this Agreement. 3.1 PAYMENT TERMS. The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client via a gateway solution. Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement. Client shall pay each invoice within thirty (30) days of the invoice date. Client shall make all payments hereunder in US dollars to the address or account specified on the applicable invoice. 3.2 TAXES. All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Client hereunder, other than any taxes imposed on ParkMobile’s income. 3.3 FEE INCREASES. ParkMobile may increase Fees once for any contract year, by providing Client at least sixty (60) calendar days written notice. 4 TIME OF PERFORMANCE. The services of the VENDOR 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, VENDOR represents that VENDOR 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. VENDOR’s key person assigned to perform work under this Agreement is Kristen Locke. VENDOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 211 City of Hermosa Beach Page 3 of 17 7 TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall continue for three (3) years, terminating on November 4, 2025, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement. This Agreement may be renewed for additional successive one (1) year terms (each a "Renewal Term" and, collectively, together with the Initial Term, the "Term") by mutual written agreement of the parties at least sixty (60) days before the end of the then-current term. 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 VENDOR 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. VENDOR will provide CITY with a Taxpayer Identification Number. 10 PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11 TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. VENDOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by VENDOR shall, at CITY’s option, become CITY’s property, and VENDOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Either party may terminate this Agreement effective immediately on written notice to the other party, if the breaching party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 12 INDEMNIFICATION. VENDOR shall indemnify, defend, 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) (“Losses”) of every nature incurred as a result from any third-party claim, suit, action, or proceeding ("Third-Party Claim") arising out of or in connection with VENDOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, but excepting such loss or damage which is caused by the negligence or willful misconduct of the CITY provided that Client promptly notifies ParkMobile in writing of the claim, cooperates with ParkMobile, and allows ParkMobile sole authority to control the defense and settlement of such claim. The VENDOR 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. 212 City of Hermosa Beach Page 4 of 17 ParkMobile will indemnify, defend, and hold harmless CITY from and against any and all Losses incurred by CITY resulting from any Third-Party Claim arising from ParkMobile’s negligence or misconduct and any Third-Party Claim that the Platform or any use of the Platform in accordance with this Agreement, infringes or misappropriates such third party’s IP Rights, provided that CITY promptly notifies ParkMobile in writing of the claim, cooperates with ParkMobile, and allows ParkMobile sole authority to control the defense and settlement of such claim. "IP Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. If any of the Services are claimed to, or in ParkMobile’s opinion are likely to, infringe, misappropriate, or otherwise violate any third-party IP Rights, or if Client’s use of the Services is enjoined or threatened to be enjoined, ParkMobile may, at its option and sole cost and expense: (a) obtain the right for Client to continue to use the Services as contemplated by this Agreement; (b) modify or replace the Services, in whole or in part, to seek to make the Services (as so modified or replaced) non-infringing, while providing equivalent features and functionality, in which case such modifications or replacements will constitute the Services, as applicable, under this Agreement; or (c) by written notice to Client, terminate this Agreement and require Client to immediately cease any use of the Services. CITY shall indemnify, defend and hold harmless VENDOR, its officers, officials, employees and volunteers from and against any and all Losses incurred by Vendor resulting from any Third Party Claim arising out of or in connection with CITY’s negligent or wrongful performance of this AGREEMENT. Client will also indemnify, defend, and hold harmless ParkMobile from and against any and all Losses incurred by ParkMobile resulting from any Third-Party Claim out of Client’s disclosure or use of ParkMobile User Data in violation of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by VENDOR 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 VENDOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 13 ASSIGNABILITY. This Agreement is for VENDOR’s professional services. VENDOR’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 VENDOR agree that VENDOR will act as an independent contractor and will have control of all work and the manner in which is it performed. VENDOR will be free to contract for similar service to be performed for other employers while under contract with CITY. VENDOR 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 VENDOR as to the details of doing the work or to exercise a measure of control over the work means that VENDOR will follow the direction of the CITY as to end results of the work only. 15 AUDIT OF RECORDS. VENDOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. VENDOR 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 213 City of Hermosa Beach Page 5 of 17 determining compliance with this Agreement. VENDOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. VENDOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16 CORRECTIVE MEASURES. VENDOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. VENDOR will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of VENDOR to implement required corrective measures shall result in immediate termination of this Agreement. 17 INSURANCE REQUIREMENTS. A. The VENDOR, at the VENDOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The VENDOR 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 agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The VENDOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The VENDOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the VENDOR 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. B. Endorsements. Each general liability and automobile 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. VENDOR 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 the VENDOR, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 214 City of Hermosa Beach Page 6 of 17 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. VENDOR agrees to provide immediate notice to CITY of any claim or loss against VENDOR arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the VENDOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The VENDOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the VENDOR 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 the VENDOR (as the named insured) should VENDOR 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. VENDOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by VENDOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on VENDOR’s behalf upon the VENDOR’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 VENDOR for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18 USE OF OTHER VENDORS. VENDOR must obtain CITY’s prior written approval to use any sub- VENDORs while performing any portion of this Agreement. Such approval must include approval of the proposed VENDOR and the terms of compensation. 19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the VENDOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the VENDOR for anything done, furnished or relating to the VENDOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the VENDOR, its employees, sub-VENDORs and agents for the accuracy and competency of the information provided and/or work 215 City of Hermosa Beach Page 7 of 17 performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the VENDOR, its employees, sub-VENDORs and agents. 20 CORRECTIONS. In addition to the above indemnification obligations, the VENDOR shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the VENDOR’s report or plans. Should the VENDOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the VENDOR. 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 VENDOR under this Agreement up to the amount of the cost of correction. 21 NON-APPROPRIATION OF FUNDS. Payments to be made to VENDOR by CITY for services performed 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 VENDOR’S services beyond the current fiscal year, the Agreement shall cover payment for VENDOR’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. 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 VENDOR City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Angela Crespi, Deputy City Manager Parkmobile, LLC 1100 Spring St. NW Ste 200 Atlanta, GA 30309 Attn: Kristen Locke Kristen.Locke@parkmobile.io For legal notices: with a copy to ParkMobile’s Legal Department at the above address and to legal- notices@parkmobile.io. 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. A. SOLICITATION. VENDOR maintains and warrants that it has not employed nor retained any company or person, other than VENDOR’s bona fide employee, to solicit or secure this 216 City of Hermosa Beach Page 8 of 17 Agreement. Further, VENDOR warrants that it has not paid nor has it agreed to pay any company or person, other than VENDOR’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 VENDOR breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of VENDOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of VENDOR’s or CITY’s obligations under this Agreement. C. 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. D. 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. E. 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. F. 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 modi fied 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. 23 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. S uch facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 24 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. 25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 26 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. 217 City of Hermosa Beach Page 9 of 17 27 STATEMENT OF EXPERIENCE. By executing this Agreement, VENDOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. VENDOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private VENDORs, and experience in dealing with public agencies all suggest that VENDOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 28 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the VENDOR, except the VENDOR’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the VENDOR, but any re-use of such documents by the City on any other project without prior written consent of the VENDOR shall be at the sole risk of the City. Client Data remains the sole and exclusive property of Client. Client grants ParkMobile a perpetual, irrevocable, royalty-free license to use Client Data in connection with the Services. "Client Data" means any data specific to Client’s operation that is provided by Client to ParkMobile to be used in the provision of Services that is not available to ParkMobile publicly or by other means. Client acknowledges that, as between Client and ParkMobile, ParkMobile owns all right, title, and interest, including all IP Rights, in and to the Services, including but not limited to the ParkMobile Application and the Platform. ParkMobile User Data remains the sole and exclusive property of ParkMobile. ParkMobile may sublicense certain ParkMobile User Data to Client upon Client’s execution of ParkMobile’s Data Protection Agreement. Client will not, directly or indirectly: (i) sell or resell ParkMobile User Data in any capacity or form; (ii) create any derivative work using ParkMobile User Data; or (iii) use ParkMobile User Data for purposes other than those specifically allowed in this Agreement. Notwithstanding the foregoing, the parties acknowledge and agree that ParkMobile will not sublicense or provide any PCI Data to Client. "ParkMobile User Data" means information, data, and other content, in any form or media, that is submitted, posted, or otherwise transmitted by or on behalf of a ParkMobile User, directly or indirectly, through the ParkMobile Application. "PCI Data" means, as applicable, payment card number, cardholder name, expiration date, card verification code or value, service code, and/or security-related information used to authenticate cardholders and/or authorize payment card transactions. Resultant Data remains the sole and exclusive property of ParkMobile. ParkMobile grants Client a revocable, royalty-free, non-exclusive, non-assignable, non-transferable license to applicable Resultant Data for the duration of the term only for Client’s internal use in connection with the Services. "Resultant Data" means data and information related to Client’s, Authorized Users' and/or ParkMobile Users' use of the Services that is used by ParkMobile in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. "Authorized User" means Client's employee, consultant, contractor, and agent who is authorized by Client to access and use the Platform under the rights granted to Client pursuant to this Agreement. 29 DISCLOSURE REQUIRED. (City and VENDOR initials required at one of the following paragraphs) 218 City of Hermosa Beach Page 10 of 17 By their respective initials next to this paragraph, City and VENDOR hereby acknowledge that VENDOR is a “VENDOR” for the purposes of the California Political Reform Act because VENDOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were VENDOR employed by the City. VENDOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to VENDOR commencing services hereunder, the City’s Manager shall prepare and deliver to VENDOR a memorandum detailing the extent of VENDOR’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ VENDOR Initials ______ OR By their initials next to this paragraph, City and VENDOR hereby acknowledge that VENDOR is not a “VENDOR” for the purpose of the California Political Reform Act because VENDOR’s duties and responsibilities are not within the scope of the definition of VENDOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Vendor Initials ______ 30 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All VENDOR’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. VENDOR agrees to certify in writing to CITY that it complies with the foregoing. DISCLAIMERS. PARKMOBILE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PARKMOBILE DOES NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. PARKMOBILE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. IN NO EVENT WILL PARKMOBILE OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, I NCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, 219 City of Hermosa Beach Page 11 of 17 REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 31 CONFIDENTIAL INFORMATION. Neither party will disclose the other party’s Confidential Information except to its employees, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The receiving party will use the disclosing party’s Confidential Information only to exercise rights and fulfill obligations under this Agreement. The receiving party will ensure that its Representatives are also subject to the same non-disclosure and use obligations. The receiving party may disclose the other party's Confidential Information when required by law after giving reasonable notice to the disclosing party, if permitted by law. "Confidential Information" means information that one party (or an affiliate) discloses to the other party under this Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations or becomes public through no fault of the recipient. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH PARKMOBILE, LLC [MAYOR/CITY MANAGER] By: NAME/TITLE ATTEST: Mayra Maravilla, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins, City Attorney 220 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 12 of 17 EXHIBIT A Scope of Services The vendor services should consist of the following components to provide the necessary experience to operate a reliable and complete mobile parking payment system. The City intends to utilize the system for on and off-street parking stalls. The number of parking stalls and location of stalls covered by the system will remain the sole discretion of the City; however, the City welcomes input from the selected vendor regarding industry best practices. The City is seeking to implement a system that is easy to use for customers and staff, has the ability to interface with existing parking payment enforcement systems, and offers flexible integration options with other payment systems, including other mobile payment systems. The ideal vendor will possess the ability to develop integrations with existing and new software and services. The system must communicate real-time payment status to existing and future parking citation and meter systems. The mobile parking payment system is to achieve the following goals:  Provide consistent, reliable, cost-effective, and easy to use mobile parking payment options.  Ensure that the City maintains a flexible infrastructure that can adopt to changing user needs.  Assist the City in identifying improvements in parking asset utilization, including parking rate optimization and technological enhancements. The selected vendor must have a payment system that provides the following functionality:  Interfaces with existing parking enforcement citation writing software provided by TurboData, and parking meter services provided by IPS. o Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable.  Free online and telephone customer service support for users and City staff. Telephone options must include the option to speak with a live customer service agent during the vendor’s standard business hours.  Capability to interface with multiple platforms, such as a smartphone (both Android and iOS systems), desktop browser, and mobile browser.  Provides users the opportunity to create individual and multi-user (e.g., family or business) accounts, register multiple license plates/vehicles, view past transactions, and modify customer account data (e.g., customer profile, mailing and billing addresses, credit/debit card payment information, passwords, etc.) o The City would prefer that all accounts provide users multi -layer security features that exceed industry standards (e.g., multi-factor authentication options, automatic logout, password encryption, etc.). 221 City of Hermosa Beach Page 13 of 17  Comply with, or exceed, all parking payment industry credit card processing security standards, and applicable Payment Card Industry Data Security Standards.  Accepts, at a minimum, the following payment options: o Credit, debit, and prepaid cards displaying the Visa, Mastercard, American Express, and Discover logos. o Apple Pay (Apple Wallet), Google Pay.  Allow users to: o Easily discern the cost of parking, any fees charged by the vendor, and the total cost of the parking session prior to approving payment (purchase). o Purchase and pre-purchase parking session time within specific time zones or areas. The system should be capable of prohibiting purchases during periods when posted signs restrict parking (e.g., during restricted periods in City lots, during street sweeping periods, etc.). The pre-purchase of parking session time would allow users to pay for parking in advance of the designated enforcement period, but not in excess of the posted time limit. o Provide for the use of discount codes or coupons. o Easily view remaining parking session time using an app or other mobile device and receive a near “end of session” warning of the user’s choice (e.g., text message 10 minutes prior to end of session). o Extend parking session time via an app, or by text message. The City values a system that would allow users to purchase additional parking time by text message and via app with little effort. o Receive a detailed receipt via email and/or text message after each parking session purchase (users may opt-in or out of each type of receipt).  Vendor must be able to provide to the City: o “Back office” access to create accounts, reports, and download parking occupancy data into Excel. City shall be able to determine:  In real-time, for every parking session: the applicable zone; the length of the parking session; the date and time the parking session was initiated; the license plate associated with the parking session; the dollar amount of each parking session; and the payment method of each parking session.  Parking zone or area occupancy, revenue, and coupon or discount code use.  Options that users select when paying for parking sessions (e.g., rate at which users purchase minimum or maximum time allowed or extend sessions). o Financial transactions and services that include:  Automated clearing house (ACH) transaction debits for fees, and credits for deposits (revenue) to City accounts.  Any applicable merchant account reporting should include, at a minimum, the following elements: summary by day; summary by card type; summary by batch; chargebacks and reversals; adjustments; fees. o The ability to make parking price changes; add, delete, or change parking zones; create special parking session rules (e.g., prevent parking session purchases during City events). 222 City of Hermosa Beach Page 14 of 17 o Initial implementation training for City staff for all services associated with the system and user manuals (online or paper based). Provide an annual training at the City’s request. The City may consider a combination of in person or live online training. o Timely notification of system errors or service interruptions and provide an estimated time for resumption of service. o System up-time of 99% and provide pro-rated allowances for any non-transaction- based fees paid by the City when system services are unable to process user transactions. o A detailed implementation project management plan, and a system acceptance testing plan. o All signage, stickers, appliques, decals, and advertising collateral necessary to successfully implement the system. o A City branded advertising package for social media and direct email use. The City’s primary social media websites are Facebook and Instagram. The City also uses a direct email system. o A project manager must be designated for the entire duration of the project and until the City agrees to conclude system acceptance testing. Contract management and support must continue to be provided to the City throughout the duration of the contract. SERVICE TERMS Services ParkMobile will provide Client with the Services related to the following types of parking transactions: On-Demand, Reservations Merchant of Record The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client's processing partner via a gateway solution. If Client elects to use a processing partner with which ParkMobile is not integrated, Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement. Client shall pay each invoice within thirty (30) days of the invoice date. Parking Locations The Services will be provided to Client in the following locations / geographical territory: Parking Lot A, Parking Lot B, Parking Lot C Signage Client will receive one free welcome kit that includes the aluminum signs and/or decal stickers necessary to complete implementation (installation not included). All signage included in the welcome kit is designed using ParkMobile's standard signage templates. Custom signage may be made available to Client for purchase at ParkMobile's current signage rates. Any requested changes to ParkMobile's standard signage templates will be treated as custom signage. Additional and/or replacement signage may be purchased by Client at ParkMobile's then-current signage rates. Installation and maintenance of all signage is Client's sole responsibility. 223 City of Hermosa Beach Page 15 of 17 IMPLEMENTATION FEES Description Units Rate Price Implementation Fee 0 $1,000.00 $0.00 Custom Development 0 $165.00/hr $0.00 Total Implementation Fees: $0.00 ADDITIONAL FEES Call Center & Customer Support WAIVED Client Support & Maintenance WAIVED Hosting WAIVED Enforcement Portal WAIVED Reporting Portal WAIVED Marketing & Advertising WAIVED Promotional Codes WAIVED USER FEES On-Demand User Fee $0.25 per transaction Reservation User Fee 12% of parking fee “No-Charge” Reservation Service Fee $1.00 per no-charge reservation ON-DEMAND PARKING SERVICES ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for on-demand parking using the ParkMobile Application (“On-Demand Parking”). ParkMobile Users may begin and, if applicable, end a parking transaction in a variety of ways: (1) visiting https://app.parkmobile.io; (2) calling ParkMobile’s IVR System, or (3) using the ParkMobile Application. In order to register with ParkMobile and begin a parking session, a consumer simply provide ParkMobile with the information required by ParkMobile to create an account, including payment method information and license plate number. Thereafter, subsequent parking sessions only require the ParkMobile User to enter or select the applicable parking duration available for the applicable location. The parking zone code of the Client parking areas are indicated on parking signs or on parking meters. Enforcers of the Client check the validity of parking status real time against the Platform via a web service offering, provided as part of the Services, to determine if a valid parking right exists. This information can be accessed by using a handheld terminal, mobile device or personal digital assistant (PDA). 224 City of Hermosa Beach Page 16 of 17 ParkMobile does not provide or pay for Client’s use of handheld terminals, mobile devices or PDAs for enforcement or any data plans or other items needed for communication between such items and the Services. At their option, ParkMobile Users will receive parking alert services from ParkMobile via SMS, ParkMobile Application push notification or email. The ParkMobile User may be notified, for example, when parked for an extended period of time or when the maximum parking time nears expiration. ParkMobile Users can use On-Demand Parking anywhere the Services are available. All parking charges are automatically charged to the ParkMobile User’s payment method, and ParkMobile Users have real time access to an online account-based personal page accessible from https://app.parkmobile.io to access and print parking history, receipts, and statements. OPTIONAL -- RESERVATION PARKING SERVICES ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for reservation parking using the ParkMobile Application (“Reservation Parking”). For each Parking Location that the parties agree to on-board for Reservation Parking Services, ParkMobile shall make the Parking Location's parking inventory availa ble for sale through the ParkMobile Application and shall market and advertise such availability. The number of parking spaces and corresponding reservation periods and parking rates making up the parking inventory shall be specified by Client and may be altered by Client at any time for unreserved parking inventory. Responsibilities of Client. In order for ParkMobile to provide Reservation Parking Services, Client shall maintain an agreed upon number of parking spaces or transportation services at the Parking Location which shall be maintained at all times unless ParkMobile is notified otherwise in writing by Client. If access to the Parking Location is denied for any reason other than a ParkMobile User’s error or failure to abide by Client’s rules and regulations, Client agrees to forfeit its share of the applicable parking fee and authorizes ParkMobile to refund the entire Parking Fee to the ParkMobile User. If access to the Parking Location is denied because of a ParkMobile User’s error or failure to abide by Client’s rules and regulations, no Parking Fees will be refunded to the ParkMobile User. Client shall promote and market the Services through mutually agreed upon methods which shall include: o a persistent, prominent “call to action” link/button on the parking and/or transportation pages of the Parking Location website(s) that directs users to the Client-branded website created by ParkMobile (e.g. a “Reserve Parking Now” button); 225 City of Hermosa Beach Page 17 of 17 o Embedded content on the parking and/or transportation pages of the Parking Location website(s) describing why and how to reserve parking through ParkMobile (e.g. FAQs, videos, etc.), such content to be provided by ParkMobile; and o mentions in emails promoting the Parking Location, including “know before you go” emails, all of which shall include a “call to action” to reserve event parking and link to the Client-branded website created by ParkMobile. Client agrees to use commercially reasonable efforts to obtain for ParkMobile a license to use photo and video assets of the Parking Location (where Client is not the Parking Location owner) and any tenants of a Parking Location in connection with ParkMobile’s marketing of the Services as available at such Parking Location. 226 Page 1 of 17 REQUEST FOR PROPOSALS Mobile Parking Payment Systems CITY OF HERMOSA BEACH Police Department 540 Pier Ave. Hermosa Beach, CA 90254 (310) 318-0360 227 City of Hermosa Beach Page 2 of 17 PROPOSAL TITLE: Mobile Parking Payment Systems REQUESTING DEPARTMENT: Police Department RELEASE DATE: September 23, 2021 DUE DATE: October 28, 2021 Notice is hereby given that the City of Hermosa Beach will receive proposals for: Mobile Parking Payment Systems Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the proposed system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m. PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable. Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award. Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to: Peter Ahlstrom, Community Services Division Manager, at pahlstrom@hermosabeach.gov Dated: This 23rd Day of September 2021. www.hermosabeach.gov HERMOSA OF CITY BEACH 1315 Valley Drive, Hermosa Beach, CA, 90254 Phone: (310) 318-0360, FAX: (310) 798-8926 228 City of Hermosa Beach Page 3 of 17 Table of Contents 1 Introduction ......................................................................................................................................... 3 1.1 Invitation for Proposals ................................................................................................................. 3 1.2 Request for Proposal Timeline……………………………………………………………………………4 1.3 Submittal Procedures ................................................................................................................... 4 1.4 Contact ......................................................................................................................................... 4 1.5 General RFP Conditions ............................................................................................................... 5 2. Scope of Work .................................................................................................................................... 8 2.1 City Location and Characteristics .............................................................................................. 8 2.2 Project Goals .............................................................................................................................. 10 2.3 City Proposed Specifications and Requirements .................................................................... 10 3. Proposal Submittal Instructions ....................................................................................................... 14 3.1 Proposal Format ......................................................................................................................... 14 3.2 Proposal Content ....................................................................................................................... 15 3.2.1 Cover Letter ......................................................................................................................... 15 3.2.2 Vendor Profile ...................................................................................................................... 15 3.2.3 Certification of Proposal ..................................................................................................... 15 3.2.4 Exceptions to RFP ................................................................................................................. 16 4. Required Forms ................................................................................................................................ 17 4.1 Certification of Proposal ............................................................................................................ 17 1 Introduction 1.1 Invitation for Proposals The City of Hermosa Beach (hereinafter referred to as "City”) seeks to contract with a qualified vendor (hereinafter referred to as “vendor”) with the necessary experience to operate a reliable and complete mobile parking payment system (hereinafter referred to as “system”). The City intends to utilize the system for on and off-street parking stalls. The number of parking stalls and location of stalls covered by the system will remain the sole discretion of the City; however, the City welcomes input from the selected vendor regarding industry best practices. The City intends to implement a system that is easy to use for customers and staff, has the ability to interface with existing parking payment enforcement systems, and offers flexible integration options with other payment systems, including other mobile payment systems. The ideal vendor will possess the ability to develop integrations with existing and new software and services. The system must communicate real-time payment status to existing and future parking citation and meter systems. 229 City of Hermosa Beach Page 4 of 17 The City is uniquely situated amongst larger cities that are serviced by a variety of mobile parking payment system vendors. Vendors are encouraged to demonstrate the ability of their systems to integrate with other mobile parking payment systems in a manner that encourages higher user adoption rates. 1.2 Request for Proposal Timeline Request for Proposal posted September 23, 2021 Deadline to submit written questions October 8, 2021 Deadline to submit proposals October 28, 2021 Request for Proposal Evaluation by City November 2021 Tentative award December 2021 1.3 Submittal Procedures Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m. PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable. Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award. Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to: Peter Ahlstrom, Community Services Division Manager, at pahlstrom@hermosabeach.gov The format, content, and procedures for submitting a proposal are provided in further detail in Section 3. 1.4 Contact Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to: Peter Ahlstrom, Community Services Division Manager: pahlstrom@hermosabeach.gov 230 City of Hermosa Beach Page 5 of 17 All questions regarding the content of the proposal should be submitted in writing to the listed email address and sent no later than the date and time provided. 1.5 General RFP Conditions By submitting a proposal, the vendor affirms that the vendor is familiar with all the terms and conditions of this RFP and is sufficiently informed in all matters affecting the performance of the work and equipment called for in this RFP. Additionally, the vendor affirms that the proposal has been checked for errors and omissions and that all information provided is correct and complete. The following terms and conditions apply to this RFP: • PRICE. All vendors shall: o For the basic service: Provide one table or chart that clearly describes and includes all costs and transaction fees to be incurred by the City and the customer (the end user). This table or chart shall represent the lowest price that the vendor is able to provide for a basic level of service. Each vendor is responsible to determine what a basic level of service is based upon the product offered. o For optional services: Provide a separate table or chart that clearly describes and includes all costs for optional services the City may select. o Identify in their proposals any costs that are contingent on contract length. Costs for developing any proposal, including travel expenses, or any other expenses incurred by negotiating terms or conducting interviews with the City, or any pre-contractual expenses, shall be the sole responsibility of and shall be incurred at the sole risk of the vendor, whether or not any award results from this solicitation. This figure shall include the direct costs and overhead, such as, but not limited to, transportation, communications, subsistence and materials, and any subcontracted items of work. The City will not be responsible for any such costs or expenses incurred by vendors. • TERM OF CONTRACT. It is anticipated that the agreement resulting from this RFP, if awarded, will be a multi-year agreement with options to renew annually after the initial term expires. Vendors should anticipate the City entering into an initial three (3) year contract with the opportunity to renew in one (1) year increments. The agreement shall be effective upon the date agreed to by the vendor and City. The City is requesting that contract terms coincide with the City’s fiscal year so that the proposed price schedule for the first year and all subsequent years terminates on June 30th, and any new price schedule commences on July 1st. If it is not feasible to provide pricing for the period of time requested by the City, 231 City of Hermosa Beach Page 6 of 17 vendors shall note this exception and indicate the length of time that RFP responses will remain valid, how future pricing will be determined, and the methodology for pricing determination. • AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the vendor to a contract for the execution of the work. • RIGHT TO PURCHASE FROM ANY SOURCE. The City reserves the right to purchase services from any source. This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract or commitment to purchase. • RIGHT TO REJECT ANY OR ALL PROPOSALS. The City reserves the right to reject any or all proposals and not make any award, to waive technicalities or formalities, and to accept any proposal deemed to be in the best interest of the City. Where two or more proposals are deemed equal, the City reserves the right to make the award to one of the two vendors. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto. Part of or all of the proposed purchase may be completed with grant funds, if applicable. By submitting a proposal, the vendor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal department or agency. • CONFLICT OF INTEREST. By signing the Certification of Proposal, the vendor declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal. Should any agreement be approved in connection with this RFP, vendor declares and warrants that no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated, or future material benefit arising therefrom. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP document, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Vendors shall submit all questions in writing to the contact listed in the 232 City of Hermosa Beach Page 7 of 17 announcement. Vendors may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each vendor to ensure the City has their correct business name, mailing address and e-mail address on file. • EXAMINATION OF WORK AREA. Vendors are responsible for familiarizing themselves with the City, as described in Section 2. Submission of a proposal shall be deemed conclusive evidence that such an examination has been made by a vendor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. • NON-DISCRIMINATION. Vendor represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age, or medical condition. • OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250, et seq. Proposals should not be marked as confidential or proprietary, and the City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each proposer to clearly identify any and all information contained within its proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • REPRESENTATIONS. Vendor understands and acknowledges that the representations made in their submitted proposal are material and important and will be relied on by the City in evaluation of the proposal. Vendor misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. • SUBCONTRACTOR INFORMATION. If the proposal includes the use of subcontractors, the vendor must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services. All 233 City of Hermosa Beach Page 8 of 17 subcontractors for work services must follow all required provisions of the primary agreement. • VALIDITY. Proposal must be valid for a period of no less than 120 days from the due date. • ACCEPTANCE OF PROPOSALS. After evaluation of submitted proposals, the Department will make a recommendation to the Hermosa Beach City Council for selection. The vendor who has met all criteria will be awarded the opportunity to provide to the City the services outlined in this request for proposal. The proposal award shall be based on, but not limited to, the following factors: o Price. o Experience, qualifications, and references. o Demonstrated financial stability. o Quality of services offered. o System flexibility and ability to integrate with other mobile parking payment systems. o Ability to interface with existing City vendors. 2. Scope of Work 2.1 City Location and Characteristics The City is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The city limits encompass approximately 1.4 square miles. The City includes nearly two miles of shoreline and hosts world famous beach volleyball competitions, musical events, and is a regular filming location for Hollywood studios. In 2019, the City had an estimated population of 19,320. City-hosted events and busy summer weekends can increase the population to over 100,000 people. The City has: • 20 parks that vary in size. • Community theatre, historical society museum, senior center, after school programming, and classroom facilities. • Recreation and community center, museum, senior center, and restroom facilities. • Civic center including city hall, police department, library, and fire station, and a corporate yard. • Recreational buildings available for meetings and rentals. 234 City of Hermosa Beach Page 9 of 17 Parking Facilities & Locations: The City maintains approximately 1,600 on street metered stalls throughout the City and approximately 430 metered stalls in the three main parking lots used by visitors. A general list of all parking locations can be found here: https://www.hermosabeach.gov/our-government/city-departments/finance/finance- cashier/public-parking-lots-meters A detailed GIS map of all public parking locations can be found here: https://hermosabeach.maps.arcgis.com/apps/webappviewer/index.html?id=ffbd3db2 212247d4a2600f091d24512a All vendors should review the detailed City GIS map noted above to understand the City’s parking environment prior to submitting a proposal. The primary visitor parking locations in the City are: • Lot A: Located at 1101 Hermosa Avenue. This lot has approximately 130 metered parking stalls. The current time limit in Lot A is 3 hours but may be adjusted at a future date. • Lot B: Located at 59 13th Court. This lot has 38 metered parking stalls. The current time limit in Lot B is 3 hours but may be adjusted at a future date. • Lot C (Municipal Parking Structure): Located at 1301 Hermosa Avenue. This lot has approximately 260 metered parking stalls. The current time limit in Lot C is 3 hours but may be adjusted at a future date. • Hermosa Avenue: Extending from the Redondo Beach border on the south end of the City, to the Manhattan Beach border on the north end of the City. This street has approximately 1,100 metered stalls. • Upper Pier Avenue: Extending from the Pacific Coast Highway on the east, to Pier Plaza on the west. This street has approximately 130 metered parking stalls. • Various Side Streets: The City maintains additional metered parking stalls on side streets that extend east and west from Hermosa Avenue. The City maintains three types of metered stalls: • Multi-space meters located in Lots A, B and C. Between the hours of 8 p.m. and 2 a.m. the price per hour is $1.50, and all other hours the price per hour is $1.25. • Commercial on street single-space meters identified by a silver meter cap. Between the hours of 8 p.m. and 2 a.m. the price per hour is $1.50, and all other hours the price per hour is $1.25. • Non-commercial on street single-space meters identified by a yellow meter cap. These meters can be used by residents with a residential parking permit and are priced per hour for non-permit holders at $1.25 per hour. In 2019 the City’s metered parking locations processed approximately 892,000 credit card transactions, and approximately 470,000 cash (coin) transactions. The average credit card transaction was approximately $2.65. 235 City of Hermosa Beach Page 10 of 17 2.2 Project Goals The City is seeking proposals from qualified vendors to provide a mobile parking payment system that achieves the following goals: • Provide consistent, reliable, cost-effective, and easy to use mobile parking payment options. • Ensure that the City maintains a flexible infrastructure that can adapt to changing user needs. • Assist the City in identifying improvements in parking asset utilization, including parking rate optimization and technological enhancements. 2.3 City Proposed Specifications and Requirements The services awarded by this RFP will have a direct impact on the City’s financial health. At a minimum, a vendor must meet the minimum qualifications noted below, and address the following in their proposal: Minimum Requirements & Features: • Vendor must have a minimum of at least five (5) years of experience providing municipal governments or other governmental entities with mobile parking payment systems. • Vendor must have a payment system that provides the following functionality: o Interfaces with existing parking enforcement citation writing software provided by TurboData, and parking meter services provided by IPS. ▪ Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable. o Free online and telephone customer service support for users and City staff. Telephone options must include the option to speak with a live customer service agent during the vendor’s standard business hours. o Capability to interface with multiple platforms, such as a smartphone (both Android and iOS systems), desktop browser, and mobile browser. 236 City of Hermosa Beach Page 11 of 17 o Provides users the opportunity to create individual and multi-user (e.g., family or business) accounts, register multiple license plates/vehicles, view past transactions, and modify customer account data (e.g., customer profile, mailing and billing addresses, credit/debit card payment information, passwords, etc.). ▪ The City would prefer that all accounts provide users multi-layer security features that exceed industry standards (e.g., multi-factor authentication options, automatic logout, password encryption, etc.). o Comply with, or exceed, all parking payment industry credit card processing security standards, and applicable Payment Card Industry Data Security Standards. o Accepts, at a minimum, the following payment options: ▪ Credit, debit, and prepaid cards displaying the Visa, Mastercard, American Express, and Discover logos. ▪ Apple Pay (Apple Wallet), Google Pay. o Allows users to: ▪ Easily discern the cost of parking, any fees charged by the vendor, and the total cost of the parking session prior to approving payment (purchase). ▪ Purchase and pre-purchase parking session time within specific zones or areas. The system should be capable of prohibiting purchases during periods when posted signs restrict parking (e.g., during restricted periods in City lots, during street sweeping periods, etc.). The pre-purchase of parking session time would allow users to pay for parking in advance of the designated enforcement period, but not in excess of the posted time limit. ▪ Provide for the use of discount codes or coupons. ▪ Easily view remaining parking session time using an app or other mobile device and receive a near “end of session” warning of the user’s choice (e.g., text message 10 minutes prior to end of session). ▪ Extend parking session time via an app, or by text message. The City values a system that would allow users to purchase additional parking time by text message and via app with little effort. ▪ Receive a detailed receipt via email and/or text message after each parking session purchase (users may opt-in or out of each type of receipt). 237 City of Hermosa Beach Page 12 of 17 • Vendor must be able to provide to the City: o “Back office” access to create accounts, reports, and download parking occupancy data into Excel. City shall be able to determine: ▪ In real-time, for every parking session: the applicable zone; the length of the parking session; the date and time the parking session was initiated; the license plate associated with the parking session; the dollar amount of each parking session; and the payment method of each parking session. ▪ Parking zone or area occupancy, revenue, and coupon or discount code use. ▪ Options that users select when paying for parking sessions (e.g., rate at which users purchase minimum or maximum time allowed or extend sessions). o Financial transactions and services that include: ▪ Automated clearing house (ACH) transaction debits for fees, and credits for deposits (revenue) to City accounts. ▪ Any applicable merchant account reporting should include, at a minimum, the following elements: summary by day; summary by card type; summary by batch; chargebacks and reversals; adjustments; fees. o The ability to make parking price changes; add, delete, or change parking zones; create special parking session rules (e.g., prevent parking session purchases during City events). o Initial implementation training for City staff for all services associated with the system and user manuals (online or paper based). Provide an annual training at the City’s request. The City may consider a combination of in person or live online training. o Timely notification of system errors or service interruptions and provide an estimated time for resumption of service. o System up-time of 99% and provide pro-rated allowances for any non- transaction-based fees paid by the City when system services are unable to process user transactions. o A detailed implementation project management plan, and a system acceptance testing plan. 238 City of Hermosa Beach Page 13 of 17 o All signage, stickers, appliques, decals, and advertising collateral necessary to successfully implement the system. [NOTE: The City has allocated $75,000 in the 2021-2022 fiscal year budget for labor costs associated with the installation of stickers, signage, and poles where necessary.] o A City branded advertising package for social media and direct email use. The City’s primary social media websites are Facebook and Instagram. The City also uses a direct email system. o A project manager must be designated for the entire duration of the project and until the City agrees to conclude system acceptance testing. Contract management and support must continue to be provided to the City throughout the duration of the contract. Preferred System Features: • Integration with third-party wayfinding services, such as Google Maps, so that parking availability is displayed to users via the wayfinding service, and users are able to pay for parking sessions within that service. • Ability to allow the City to issue plate-based parking permits with handheld parking enforcement hardware/software integration. Ability to allow users to re-purchase parking permits (e.g., monthly permits) once eligibility of an initial purchase is approved by the City. • Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable. • The option to allow the vendor or City to act as the merchant of record for transactions. The City welcomes recommendations that represent industry best practices. Insurance: • For the duration of the contract, the vendor shall procure and maintain insurance against claims for injuries to their employees, other persons, and/or damages to property which may arise from or in connection with services, products, or materials supplied to the City. The cost of such insurance shall be the sole responsibility of the vendor. The vendor must provide an endorsement to any applicable insurance policies naming the City as an additional insured. Specific insurance provisions, such as insurance that covers financial losses due to data breaches (e.g., cyber liability insurance), may be required. • The City reserves the right to make changes to insurance underwriting standards and practices. 239 City of Hermosa Beach Page 14 of 17 References: • Vendor must provide references and contact information for at least five (5) customers for which the vendor has provided similar services, within the last five (5) years. Of the references provided, at least three (3) must be municipal governments or other governmental entities, preferably within California, and at least one (1) must involve a current, ongoing contract. Reference and contact information must include the following specific information: o Entity name and address. o Brief project summary with operational dates. o Reference contact name and title, phone number, and email address. Key Personnel: • Vendors shall include a list of key personnel and their qualifications with their proposal. Employees: • Vendor agrees that all individuals assigned by the vendor throughout the duration of the contract shall be employees of the vendor. • Vendor must have a written policy regarding a drug and alcohol-free work environment that is available to the City, when requested. • Vendor shall be solely responsible for complying with all applicable state and federal employment laws. Equipment: • Vendors shall provide a list of any and all equipment to be used by vendor staff within the City. 3. Proposal Submittal Instructions 3.1 Proposal Format Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m. PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable. 240 City of Hermosa Beach Page 15 of 17 Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award. Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to: Peter Ahlstrom, Community Services Division Manager, at pahlstrom@hermosabeach.gov All proposals shall be submitted so that they print on a standard 8.5” by 11” paper. All pages should be numbered and identified sequentially by section. 3.2 Proposal Content Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements provided in Section 2, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP. 3.2.1 Cover Letter Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the vendor. An unsigned proposal is grounds for rejection. The cover letter should include an introduction, summary statement of professional qualifications, and statement of understanding of the scope of work. 3.2.2 Vendor Profile Vendors should provide a brief profile of their organization. Information should include, but is not limited to the following information: • Official name and address. • Name, address, and telephone number of the primary point of contact. • Federal Employer I.D. Number. • Any failures or refusals to complete a contract, and explanation. 3.2.3 Certification of Proposal Vendor is required to sign and submit the Certification of Proposal in agreement to the terms and conditions of this Request for Proposal. 241 City of Hermosa Beach Page 16 of 17 3.2.4 Exceptions to RFP Vendor should describe and discuss any exceptions to this RFP. The City accepts no financial responsibility for costs incurred by any vendor in responding to this RFP. By responding to this RFP, the vendor agrees not to hold the City responsible if material from responses is obtained under the Freedom of Information Act by parties other than the City without the consent of the vendor. The vendor acknowledges the public proposal process that renders proposals submitted as public documents. 242 City of Hermosa Beach Page 17 of 17 4. Required Forms 4.1 Certification of Proposal The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP): 1. Vendor declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, vendor declares and warrants that no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated, or future material benefit arising therefrom. 2. It is understood that part of or all of the proposed purchase may be completed with grant funds. By submitting a proposal, the vendor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal department or agency. 3. By submitting the response to this request, vendor agrees, if selected to furnish services to the City in accordance with this RFP. 4. Vendor has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the vendor and that the vendor is responsible for them. 5. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 6. The proposal response includes all of the commentary, figures and data required by the Request for Proposal. 7. The proposal shall be valid for no less than 120 days from the date of submittal. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ 243 ADDENDUM NO. 1 DATE: October 13, 2021 TO: ALL PROSPECTIVE BIDDERS BID NUMBER: RFP N/A BID TITLE: Mobile Parking Payment Systems REQUESTING DEPARTMENT: Police Department RELEASE DATE: September 23, 2021 Please note the following clarifications, explanations, changes, deletions and/or additions to the RFP indicated above. • Clarification of submission method: • All proposal submissions must adhere to section 1.3 of the RFP. • Vendors may submit a single copy of their proposal. • Clarification of RFP proposal content: • Section 3 (page 16) and the Table of Contents of the RFP is amended to read to as follows: 3.2.5 Vendor Proposal The material constituting the vendor’s proposal responding to the information and specifications the City has provided in RFP sections 1.1, 1.5, 2.1, 2.2, and 2.3 shall be provided after the Certification of Proposal. The City reserves the right to accept or reject any or all proposals and to not make any award, to waive technicalities or formalities, and to accept any proposal deemed to be in the interest of the City. • Clarification of RFP timeline and dates: • The City is aware that the City’s online request for proposal/bid publishing system produced dates on the City’s website that were inconsistent with the dates provided in sections 1.2, 1.3, 1.4, and 3.1 of the RFP. • All vendors must adhere to the dates noted in sections 1.2, 1.3, 1.4 and 3.1 of the RFP unless otherwise amended by the City. CITY OF HERMOSA BEACH 1315 Valley Drive, Hermosa Beach, CA, 90254 Phone: (310) 318-0210 244 • Request for scoring rubric: • The City does not intend to release the scoring rubric prior to the submission of proposals. • The answers to the following questions are provided to assist vendors in preparing a response to the RFP: • When does the City intend on launching the system? The City intends to begin launching the system in early 2022 to ensure operational viability when the summer 2022 tourist season begins. The City welcomes recommendations that represent industry best practices with respect to system implementation. • What parking access and control systems (PARCS) are used in lots A, B and C? City parking lots A, B, and C are “pay and display” lots with multi-space pay stations provided by IPS. The lots do not have access control systems (e.g., gates or gate arms). • What types of handhelds are the enforcement officers using? The City’s Community Services Officers utilize citation writing software provided by TurboData. The devices are Android based Samsung phones and are connected via Bluetooth to Datamax-O’Neil mobile printers. • Is the City requiring license plate data to be visible in the back office? Yes. The back-office requirements are described in section 2.3 of the RFP. • Is the City requiring the vendor to install signage? No. The City has allocated $75,000 in the 2021-2022 fiscal year budget for labor costs (not materials) associated with the installation of stickers, signage, and new sign poles where necessary. The City welcomes recommendations that represent industry best practices with respect to signage, stickers, appliques, decals, and other advertising collateral necessary to successfully implement the system. • Would the City be sending out direct emails using the vendor’s branding, or is it the City’s wish for the vendor to send emails to our users? The City maintains a direct email list and City branded social media sites that will be utilized to distribute community relevant announcements regarding the implementation of the system. City staff will publish information using those City maintained services. The City requests that vendors propose multi-channel marketing material (e.g., advertising samples, templates, literature, graphics, etc.) that represent industry best practices for improving user adoption rates. The City may request that the vendor contact users to advertise services or parking options (e.g., summer holiday parking options) using user provided data, but only to the extent that the advertising complied with the vendor’s terms of service for users, as sured the confidentiality of user data, and was consistent with individual user notification settings 245 and preferences. The City welcomes recommendations that represent industry best practices with respect to contacting registered system users. • What are the minimum limits of insurance required by the City? The City requires a minimum insurance coverage amount of $2 million per occurrence and $4 million aggregate. Please indicate in your proposal the ability to meet the requested coverage level or any exceptions requested for consideration by the City. • Does the City intend to restrict the use of subcontractors? Does the City have any concerns with the vendor employing contractors? The City generally prefers that vendors directly employ individuals working on City projects. The City recognizes that vendors may need to use subcontractors to provide services at a reasonable cost to the City; however, the City will not directly contract with or employ a vendor’s subcontractors. Vendors will be solely responsible for ensuring that subcontractors comply with all federal, state, and local laws throughout the duration of the project. The City requires vendors to clearly indicate if and when subcontractors will be used during the project. The City reserves the right to approve the use of subcontractors by vendors during the project. • Does the City intend on absorbing the convenience fee of the mobile application to create more parity between meters and the mobile application, or will be the City be passing the cost on to users? The City intends for users to pay any convenience fees. The City does recognize that the user adoption rate may be improved by eliminating convenience fees for first time users during the system implementation phase. The City welcomes recommendations that represent industry best practices with respect to convenience fees. 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Contactless Parking with ParkMobile When you’re parking on-the-go, use the ParkMobile app to avoid the spread of germs through contactless parking payments. Easily find and pay for parking from your phone without having to touch the meter. Perks of Using ParkMobile Easily register and start your first session Use the app in thousands of locations nationwide Save “favorite” and recently used parking zones Customize your parking expiration reminders Extend your parking session on-the-go ABC123 Add up to 5 vehicles to your account SS-CP-WEB-042220 00:59:51 $2.30 01:00:00 Enter your zone number by referring to nearby signage or using the map. Select the duration of time you want to park. Confirm your information and start your parking session. Monitor your session and extend time remotely if needed. ©2020-2021 ParkMobile, LLC. All rights reserved. 307 City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00 Agenda Name Comments Support Oppose Neutral d) REPORT 22-0640 AWARD A CONTRACT FOR MOBILE PARKING PAYMENT SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC (Deputy City Manager Angela Crespi) 1 0 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for d) REPORT 22-0640 AWARD A CONTRACT FOR MOBILE PARKING PAYMENT SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC (Deputy City Manager Angela Crespi) Overall Sentiment Vincent Busam Location: 90254, Hermosa Beach Submitted At: 3:38pm 11-01-22 I've used ParkMobile at both Long Beach State, and Loyola Marymount. It has worked very well for me there. I've found it easier and more convenient then using payment kiosks. Adding this technology will allow us to move our parking policies forward. Let's do it. 308 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0713 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of November 3, 2022 INFORMATION REGARDING ALLOWABLE FLOOR AREA RATIOS ON PROPERTIES WITH COMMERCIAL LAND USE DESIGNATIONS (Community Development Director Jeannie Naughton) Recommended Action: Staff recommends City Council: 1.Receive a staff presentation regarding allowable floor area ratios on properties with commercial land use designations; and 2.Provide staff and the Planning Commission direction, as desired. Executive Summary: At its October 25,2022 City Council meeting,Councilmember Mary Campbell requested,and all City Councilmembers supported,directing staff to bring an item on the next agenda regarding modifications to Floor Area Ratio (FAR)allowances on properties with commercial land use designations in PLAN Hermosa and why the timing for re-evaluation of these allowances might be appropriate at this time.Based on the information,further direction may include providing direction to the Planning Commission that these issues be evaluated.This report provides an overview of allowable FARs on properties with commercial land use designations,as well as updates on the current efforts to comprehensively update the City’s zoning code,Hermosa Beach Municipal Code (HBMC) Title 17 Zoning, and the 2021-2029 Housing Element. Background: The Land Use Element of PLAN Hermosa,the City’s General Plan adopted in 2017,regulates how all land in the City is to be used in the future and reflects the range of physical attributes that are important for the success of Hermosa Beach.Land use designations indicate the intended use of each parcel of land in the City.There are four categories of land use designations in the city: residential;commercial;creative industrial;and institutional.Within each category are distinct land use designations which provide a range of scale, density, intensity, and allowable uses. The Zoning Code,HBMC Title 17,is the implementation mechanism of the land use designations, City of Hermosa Beach Printed on 10/28/2022Page 1 of 7 powered by Legistar™309 Staff Report REPORT 22-0713 The Zoning Code,HBMC Title 17,is the implementation mechanism of the land use designations, and provides specific details regarding uses and development standards (setbacks,building heights, parking standards).Land use designations and zoning districts must be compatible,but need not be the same thing;however,zoning districts must include implementing standards that are within the range of the allowable intensity, density, and uses as the PLAN Hermosa land use designations. In 2019,the City initiated a comprehensive update of HBMC Title 17 Zoning and Title 16 Subdivisions,to reflect and implement PLAN Hermosa.The tentative timeline for completion and adoption of HBMC Titles 16 and 17 is early 2023. Additionally,the City is currently engaged in revising the adopted 2021-2029 Housing Element,with a tentative timeline for re-adoption in late Spring 2023.It is anticipated that rather than identifying opportunity sites dispersed throughout the City that would only be available for development of affordable housing,a more comprehensive approach in identifying corridors where residential uses may be permitted-a mix of tenure and type (market rate,affordable,ownership,and rental)-might be necessary to be eligible for certification by the California Department of Housing and Community Development (HCD).This approach would also result in higher quality and cohesive development patterns. Because the City was unable to adopt a Housing Element that substantially complies with State law by October 15,2022,any re-zonings that might be required to accommodate the City’s Regional Housing Needs Assessment (RHNA),must be implemented prior to HCD approving and certifying the 2021-2029 Housing Element.Therefore,it is fortunate timing that the City is actively engaged in a comprehensive zoning code update because it could easily fold any required changes into that effort. During the zoning and subdivision code update process,staff and the Planning Commission received public comment and correspondence regarding revisiting allowable Floor Area Ratio (FAR)in commercial land use designations.The Planning Commission questioned staff as to whether this could be an item to address as part of the zoning code update.The scope of the contract with the City’s comprehensive planning specialist,who is preparing the zoning and subdivision code update, does not include efforts outside of aligning and updating the zoning code to be compatible with the existing General Plan.However,initial discussions indicate that there is willingness to amend the contract to include additional effort in the accompanying California Environmental Quality Act (CEQA) analysis,zoning code,and facilitation of additional meetings with the stakeholders of Planning Commission and City Council,should the Council decide to direct staff and the Planning Commission to study and evaluate modifying allowable FARs and the introduction of residential uses in properties with commercial land use designations. If the Planning Commission and City Council directed staff to move forward with changes in FAR allowances in the commercial land use designations and accompanying changes in the district standards of the zoning code,this action would require processing a General Plan Amendment,City of Hermosa Beach Printed on 10/28/2022Page 2 of 7 powered by Legistar™310 Staff Report REPORT 22-0713 standards of the zoning code,this action would require processing a General Plan Amendment, which could be folded in with the entitlements staff is already processing for the zoning and subdivision code changes, and the 2021-2029 Housing Element. Because the zoning code implements PLAN Hermosa,if there were changes or increases made to allowable FAR in commercial land use designations,those changes would need to be reflected and consistent in the zoning district standards,such as:increased height;lot coverage;parking requirements; etc. Policy direction to do so, is at the discretion of City Council. Revisiting the allowable FAR in the commercial land use designations could serve a dual purpose in accommodating flexibility in the development of commercial properties and meeting the City’s RHNA obligations.Because the comprehensive updates of the zoning ordinance and 2021-2029 Housing Element are well underway,it would be cost-effective to fold any modifications of the allowable uses and FAR into these efforts. Past Commission and Council Actions Meeting Date Description November 2, 2022 Planning Commission Special Meeting, Comprehensive Zoning Code Update: Administrative Procedures. Included in the staff report are all links related to the Comprehensive Zoning Code Update meetings. August 22, 2017 City Council certified the PLAN Hermosa Final Environmental Impact Report (EIR) and adopted PLAN Hermosa. November 3, 1987 An Ordinance of the City of Hermosa Beach submitted to the voters by the City Council to require a vote of the people to raise the maximum height limit for the C-1, C-2, C-3, and Residential Professional Zones was passed, approved, and adopted by the electorate of the City of Hermosa Beach at the General Municipal Election by the following vote: AYES - 2,795 and NOES - 600 Analysis: Density is typically the primary determinant in the physical layout and appearance of residential development in relation to the size of the lot and is calculated in dwelling units per acre (DU/AC). Residential densities in PLAN Hermosa range from 2-13 DU/AC (Low Density)to 25.1-33 DU/AC (High Density).For example,an 8,000 square foot lot located in the High-Density land use designation would allow for a total of six units.The configuration,height,and ability to attain six units on the site would be determined by the development standards in the Zoning Code (building height, City of Hermosa Beach Printed on 10/28/2022Page 3 of 7 powered by Legistar™311 Staff Report REPORT 22-0713 on the site would be determined by the development standards in the Zoning Code (building height, setbacks, required open space, parking, etc.). Intensity for nonresidential properties is expressed in terms of Floor Area Ratio (FAR).The FAR expresses the relationship between the amount of usable floor area permitted in a building and the area of the lot on which the building is located.FAR is obtained by dividing the total area of the lot and is often represented by a decimal number.FARs in PLAN Hermosa range from 0.05 (Beach)to 2.0 (Gateway Commercial).For example,a 40,000 square foot property with maximum FAR of 1.0 would permit a maximum 40,000 square foot building.Depending on how FAR is defined,this number may or may not exclude non-habitable areas such as parking garages,below-grade,non- habitable areas (or areas that would not easily be converted to habitable areas),ventilation shafts, mechanical areas,etc.The shape,height,and placement of that total floor area would be determined by the development standards in the zoning code (parking, lot coverage, height, setbacks, etc.). There are five land use designations in the commercial category (Attachment 1):Neighborhood Commercial (0.5-1.0 FAR);Community Commercial (0.5-1.25 FAR);Recreational Commercial (1.0- 1.75 FAR); Gateway Commercial (1.0-2.0 FAR); and Service Commercial (0.25-0.5 FAR). Any increase in FAR would most likely require corresponding changes in the development standards in the corresponding zoning districts (Attachment 2),including allowable building height.On November 3,1987,Ordinance No.87-894 (Attachment 3),was passed,approved,and adopted by the electorate of the City of Hermosa Beach at the General Municipal Election,which required a vote of the people through the initiative process,any amendment to the zoning code which would raise the maximum height limit for the C-1, C-2, C-3, and Residential Professional Zones. The current allowable building heights in the respective zones are:30 feet in the C-1 Zone;35 feet in the C-2 Zone;45 feet in the C-3 Zone;and 35 feet in the Residential/Professional Zone.Commercial spaces typically have higher plate heights than residential structures;if residential uses were introduced to any of the commercial zones,it would most likely be a mixed-use development product, where commercial uses are located on the ground floor,with residential on upper floors.Therefore, achieving more than two stories in conjunction with increased FAR would be difficult to accommodate in the existing height limits, especially in the C-1 and C-2 Districts. Community Commercial is the only land use designation in this category,with a corresponding zoning district of C-1 Limited Business and Residential,that allows residential uses.There are a total of 36 properties in the C-1 zoning district,20 of which contain residential uses.To avoid increasing the existing allowable densities in the residential districts,it is appropriate for the City to consider allowing residential uses in the commercial districts,including Specific Plan Areas along Pier Avenue and Pacific Coast Highway,and C-2,and C-3 districts.The small number of properties that would allow residential uses in the C-1 district are insufficient to accommodate the RHNA obligation of 558 City of Hermosa Beach Printed on 10/28/2022Page 4 of 7 powered by Legistar™312 Staff Report REPORT 22-0713 units the City needs to plan for in the next eight years. Additionally,given the plethora of housing-related bills that have been signed into law over the past five years and the recent trend of developers utilizing a somewhat obscure State law known as the builder’s remedy,projects that are inconsistent with General Plan land use designations and zoning code development standards are able to bypass local discretionary approval in certain circumstances if the project includes housing and/or contains an affordability component.Adopting measures to plan for residential development in our commercial areas would assist in obtaining certification for the City’s housing element,insulating the City from builder’s remedy project applications,and ensure the city retains local control over the location, scale, and intensity of development. If Council provides policy direction to the Planning Commission to consider modifications to FAR allowances in the commercial land use designations,staff requests that Council provide further focused direction regarding the following: 1.Consider the possibility of increasing the allowable FAR for all five land use designations in the commercial land use designation category or consider the stipulation of the designations appropriate for study; and 2.In conjunction with increased FAR,consider whether it is appropriate to contemplate introducing residential uses in any of the commercial land use designations.If so,consider the possibility of stipulating which designations are appropriate for study or whether the Planning Commission consider all five designations and recommend appropriate designations for Council consideration. If increasing FAR in any of the designations would likely require increasing allowable height in the C- 1,C-2,and/or C-3 zoning districts,staff would return to Council with a fiscal analysis on costs associated with holding a Special Election,prior to moving forward with any changes to the General Plan,zoning code,or 2021-2029 Housing Element.Additionally,if directed to pursue study of modifications to allowable FAR and corresponding changes to the zoning code,staff would return to Council with an amendment to the Professional Services Agreement between the City and Martha Miller and Associates to facilitate the effort. 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: Land Use Element Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and City of Hermosa Beach Printed on 10/28/2022Page 5 of 7 powered by Legistar™313 Staff Report REPORT 22-0713 Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. Policies: ·1.1 Diverse and distributed land use pattern.Strive to maintain the fundamental pattern of existing lad uses,preserving residential neighborhoods,while providing for enhancement of corridors and districts in order to improve community activity and identity. ·1.2 Focused infill potential.Proposals for new development should be directed toward the city’s commercial areas with an emphasis on developing transit-supportive land use mixes. ·1.3 Diverse commercial areas.Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses. ·1.6 Scale and context.Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing. ·1.7 Compatibility of uses.Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses. Goal 6.A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment. Policy: ·6.6 Human-scale buildings.Encourage buildings and design to include human-scale details such as windows on the street,awnings and architectural features that create a visually interesting pedestrian environment. Fiscal Impact: There is no fiscal impact associated with the recommended action.If directed by Council to proceed, staff would return to Council with an amendment to the Professional Services Agreement between the City and Martha Miller and Associates to facilitate the effort.The fiscal impact of the expanded contract scope of work would be provided at that time. Attachments: 1.PLAN Hermosa Land Use Designations Map 2.Draft Zoning Map, Comprehensive Zoning Code Update 3. Ordinance No. 87-894 4. Link to November 2, 2022 Planning Commission Staff Report 5. Link to August 22, 2017 City Council Staff Report Respectfully Submitted by: Jeannie Naughton, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney City of Hermosa Beach Printed on 10/28/2022Page 6 of 7 powered by Legistar™314 Staff Report REPORT 22-0713 Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 10/28/2022Page 7 of 7 powered by Legistar™315 70 | CHAPTER 2: LAND USE Land Use + Community Character Strategy The following narrative describes the intended land use and community character of Hermosa Beach. There are four primary characteristics – referred to as the 4 D’s - that influence the form and function of the built environment – the destinations or uses, density/intensity of each use, the diversity of uses within a given area, and the design of the buildings and streets. Destinations or uses define the types of uses that are encouraged, discouraged, or prohibited on a piece of land. Destinations are split into residential, commercial, creative, and institutional uses. The land use designations form all other aspects of the 4D’s. Density and intensity are a measure of the amount of land area compared to building area. Density, used for residential property, expresses the amount of land developed per residential dwelling unit. Intensity is used for nonresidential uses, and is expressed as a floor area ratio (FAR) which calculates the amount of usable floor area permitted in a building compared to the area of the lot on which the building stands. Diversity or mix of uses articulate whether an area is comprised of a predominant type of use (i.e. residential) or whether a wide range of uses are provided to create a mix of activities. How the different uses are physically arranged is also described to highlight complementary uses. Design of the built environment addresses the desired form and character of the buildings and streets within a particular area and includes: the scale, massing, building orientation, and interaction of buildings with the public realm (sidewalks, streetscape, and street network). 1 3 2 4 Wide sidewalks and enhanced streetscape along Pier Avenue 316 PLAN HERMOSA | 71 The types of destinations or uses and density/ intensity are articulated through the land use designations assigned to each parcel. Land use designations are policy statements providing direction to each individual property owner regarding what uses and densities/intensities are allowed. The diversity of uses and the design characteristics of buildings and streets are defined within each character area. Character areas define the set of guidelines or parameters the City will use to ensure redevelopment or new projects are compatible with its surroundings. Together, the land use designations and character areas are foundational components to this Plan, with the goals and policies found throughout other elements organized to achieve the intended land use and character strategy. Land Use Designations Land use designations indicate the intended use of each parcel of land in the city. They are developed to provide both a vision of the organization of uses in the city and a flexible structure to allow for changes in economic conditions and community visions. The overall distribution of land uses throughout the city is identified in Figure 2.3, with each designation defined and described in further detail in Table 2.1. There are four categories of land use designations that can be found in Hermosa Beach: residential, commercial, creative industrial, and institutional. Residential Residential designations range in scale and density throughout the city to define and create a variety of residential neighborhoods. Allowable densities range from a low of two units per acre, up to a maximum of 33 units per acre, with density ranges spread across low, medium, and high density designations. Commercial Commercial designations provide for a wide variety of retail, restaurant, office, and other uses that provide goods or services. Commercial designations are organized based on the scale and type of goods or services provided. The most localized designations are intended to serve a neighborhood and residents within the immediate vicinity, while other commercial designations are intended to serve the entire community or the region. Creative Creative land use designations are intended to provide space for production, design, and manufacturing uses that support the local employment base and produce goods and services that enhance the brand of Hermosa Beach as a creative and innovative community. Uses that are considered light industrial are to be designed and sited in a manner that ensures their compatibility with surrounding uses. Institutional Institutional uses offer a range of public and community-oriented uses such as schools, parks, community facilities, administrative offices or buildings, and space for essential services and utility needs. Institutional uses also vary in scale from parkettes at a few thousand square feet to the beach, which includes approximately 63 acres of land area. Zoning Districts Zoning districts are an implementation mechanism of the land use designations, and provide greater details regarding: specific allowances and prohibitions of uses, dimensional requirements such as building setbacks, parking standards, and building heights. Land use designations and zoning districts must be compatible, but need not be exactly the same. Zoning districts must be within the range of the allowed intensity and uses found in this Plan. 317 72 | CHAPTER 2: LAND USE Figure 2.3 Land Use Designations Map 318 PLAN HERMOSA | 73 Table 2.1 Land Use Designations Designation Definition Density/ Intensity Low Density Single-family residential (attached or detached)2.0 - 13.0 DU/AC Medium Density Single-family residential and small-scale multi-family residential (duplex, triplex, condominium)13.1 - 25.0 DU/AC High Density Medium (8-20 unit buildings) and large-scale (20+ unit buildings) multi-family residential 25.1 - 33.0 DU/AC Mobile Home Mobile home parks, where lots are owned, rented or leased to accommodate mobile homes for human habitation 2.0 - 13.0 DU/AC Neighborhood Convenience stores, markets, eateries, laundromats, or similar uses to primarily serve local walk-in traffic 0.5 - 1.0 FAR Community Locally-oriented uses including retail stores, restaurants, professional and medical offices, and personal services 0.5 - 1.25 FAR Recreational Coastal related uses such as beach/bike rentals, restaurants, snack shops, retail, lodging accommodations, entertainment and similar uses 1.0 - 1.75 FAR Gateway Lower floor community or regionally-oriented commercial uses with upper floor high-visitor office uses or hotel uses 1.0 - 2.0 FAR Service Home improvement stores, furniture stores, auto dealerships, and light automotive service stations 0.25 - 0.5 FAR Light Industrial Production uses for light manufacturing, creative art, or design services with professional office as an allowed accessory use 0.25 - 1.0 FAR Public Facility Civic-related offices, community centers, operational facilities and educational/institutional facilities 0.10 - 1.0 FAR Open Space Passive and active park, recreational, open space uses and educational/institutional facilities 0.0 - 0.5 FAR Beach Coastal-related recreational activities and essential public facilities (lifeguard tower/restrooms)0.0 - 0.05 FAR Density: Density is often the primary determinant in the physical layout and appearance of residential development in relationship to the land. It will influence the housing type and perhaps the style. Densities are calculated in dwelling units per acre (du/ac), and can range from 2 du/ac for a larger lot to 33 du/ac for an urban dwelling. Intensity: Intensity for nonresidential properties is expressed in terms of the floor area ratio (FAR). The FAR expresses the relationship between the amount of usable floor area permitted in a building and the area of the lot on which the building stands. It is obtained by dividing the gross floor area of a building by the total area of the lot and is often represented as a decimal number. OS NC HD MD LD SC B PF CC RC GC CI MH 319 74 | CHAPTER 2: LAND USE Land Use Descriptions This section describes the purpose of each land use and articulates the uses and range of development intensity allowed in each designation. Low Density Residential (LD) Purpose This designation provides for the retention, maintenance, and investment in single-family residential neighborhoods and protects residential uses from potential nuisances of nonresidential uses. This low density designation is intended to provide the lowest levels of density, offer a high quality environment for family life, and ensure the preservation of residential property values. Appropriate Land Uses Single-family dwellings, either attached or detached, are the primary use in the low density residential designation. These uses can include home occupations, churches, schools, day cares, parks, public facilities, and other uses that are determined to be compatible and oriented towards serving the needs of low density neighborhoods may also be allowed. Density Range 2.0 - 13 dwelling units per acre Medium Density Residential (MD) Purpose The purpose of this designation is to provide for the enhancement and reinvestment in mixed scale residential neighborhoods in Hermosa Beach. This medium density residential designation permits property owners to construct two residential units on a single lot. It is located throughout the city to provide a transition between higher density residential or commercial uses and single-family neighborhoods. Appropriate Land Uses Small-scale residential uses, including single- family, duplex, condominiums, and townhouses in a two unit per lot format, are the predominant use in this designation. Education, cultural, and public assembly uses which are determined to be compatible with and oriented towards serving the needs of the neighborhood may also be allowed. Density Range 13.1 - 25 dwelling units per acre Residential Uses 320 PLAN HERMOSA | 75 Commercial UsesHigh Density Residential (HD) Purpose The high density residential designation provides a range of residential housing types to serve the varying living accommodation needs or desires of the community. The intent of this designation is to preserve and contribute to the inventory of diverse housing types available to residents and offer alternatives to single-family residential development. The designation allows for a variety of high density building types and development patterns. Appropriate Land Uses This designation provides a range of residential building formats including condominiums, townhouses, duplex/triplex, and apartment buildings. Single-family residential is discouraged in this designation. If lot size permits, special care living facilities and multi-family housing provided in larger building styles with on-site parking and amenities is allowed. Density Range 25.1 – 33.0 dwelling units per acre Mobile Home (MH) Purpose The Mobile Home designation is intended to retain land area for the sole use of mobile homes and recreational vehicles without threat of other residential and commercial encroachment. The designation specifically applies to the Marine Land Mobile Home Park to retain mobile homes as an affordable housing option. Appropriate Land Uses Mobile home parks, where lots are owned, rented or leased to accommodate mobile homes for human habitation. Manufactured homes without permanent foundation and recreational vehicles intended as a transitional housing option are allowed in this designation. Density Range 2.0 - 13 dwelling units per acre Neighborhood Commercial (NC) Purpose This designation creates neighborhood activity centers that are easily accessible from many directions, typically along main thoroughfares, and primarily serve residents within a half-mile radius so they may walk, bike, or make a short trip by car. Neighborhood commercial uses located in close proximity to the beach also serve as a location for beachgoers to purchase food, rent equipment, and enhance their beach experience. Appropriate Land Uses The neighborhood commercial designation provides nearby residents with convenient access to daily shopping or personal service needs. Convenience stores, eateries, laundromats, and similar uses intended to serve local walk-in traffic and nearby residents are the primary uses allowed. Neighborhood commercial designations located within the Coastal Zone may also be used to provide coastal-dependent uses such as beach equipment rentals. Intensity Range 0.5 – 1.0 Floor Area Ratio 321 76 | CHAPTER 2: LAND USE Community Commercial (CC) Purpose This designation provides opportunities and locations for uses designed to serve the shopping, dining, and employment desires of the entire community. The Community Commercial designation is a major generator of local economic activity with a mix of locally-owned businesses and regional or national retailers present within this designation. This designation is found in many centralized locations throughout the community primarily along the city’s major corridors and in Downtown. Community Commercial land uses primarily serve the local market, though they may also serve the needs of visitors and residents of nearby jurisdictions. Appropriate Land Uses This designation provides space for locally oriented commercial uses including retail stores, restaurants, professional and medical offices, and personal services. Uses on the ground floor are reserved for retail, restaurant, and other sales-tax revenue generating uses, while offices and personal service uses are encouraged on upper floors. Residential uses are not allowed in this designation as its intent is to promote and protect retail, office, and service uses that diversify the City’s tax base. Intensity Range 0.5 – 1.25 Floor Area Ratio Recreational Commercial (RC) Purpose As a premiere southern California coastal destination, Hermosa Beach has the luxury of offering a wide variety of recreational and coastal- related services to serve both visitors and residents. The Recreational Commercial designation is the primary cultural and entertainment center for the community with events, activities, and social gatherings often occurring here. Adjacency to the beach gives this designation the unique opportunity to provide a shopping and dining experience that attracts residents and visitors alike, capturing a large portion of the City’s economic activity generated by visitors. Appropriate Land Uses Coastal-related uses and visitor accommodations are the primary uses allowed within the Recreational Commercial designation. Restaurants, snack shops, entertainment, lodging, retail, beach rentals and other similar uses are prioritized within this designation and allowed on ground or upper floors. Office and personal service uses are allowed within this designation, provided they are located on upper floors. Intensity Range 1.0 – 1.75 Floor Area Ratio Gateway Commercial (GC) Purpose The Gateway Commercial designation is located at key entryways and intersections to Hermosa Beach to offer a greater variety of employment, retail, and economic activity to the community. The Gateway Commercial designation also plays a role in providing services and amenities to visitors and the region by encouraging hotels and larger employment centers to be located in this area. With the Gateway Commercial designation appropriately applied to larger sites, they are intended to provide both commercial services as well as facilities that benefit the local community. Appropriate Land Uses In the Gateway Commercial designation, the ground floor should include community or regionally-oriented retail uses with upper floor high visitor office uses. Professional and medical offices and hotels providing lower cost visitor accommodations are also allowed in this designation. Public assembly, recreational, and other community facilities which are determined to be compatible with and oriented towards enhancing the gateway commercial district may also be allowed. Parking facilities will serve on- site uses and are encouraged to explore shared parking agreements with nearby commercial uses to encourage a ‘park once’ strategy. Intensity Range 1.0 – 2.0 Floor Area Ratio 322 PLAN HERMOSA | 77 Service Commercial (SC) Purpose The Service Commercial designation is intended to provide adequate space specifically for specialty goods and services that serve residents and the region. These businesses often require indoor or outdoor warehousing or storage space to display or sell their inventory, and caution is taken to ensure they are located in a manner that minimizes their impact on nearby residential, retail, or office uses. Service Commercial uses often attract customers for a specific item or service, compared to a traditional retail district where customers may visit many businesses within a single trip. Appropriate Land Uses The Service Commercial designation is reserved for the provision of specialty goods and services, primarily related to home and automotive needs. Home improvement stores, furniture stores, auto dealerships, and light automotive service stations are the prioritized use with this designation. Retail trade and warehousing facilities are allowed as an accessory use to the primary use. Intensity Range 0.25 – 0.50 Floor Area Ratio Creative Light Industrial (CI) Purpose The creative light industrial designation is intended to create a suitable environment for small businesses that rely on manufacturing, warehousing, or production to operate successfully. This designation ensures uses are able to operate in a manner that contributes to local economic activity and diversifies the local employment base while minimizing impacts to adjacent residential uses. The designation fosters new innovations and creative economic activity by providing common gathering areas and meeting spaces to share and exchange ideas. Appropriate Land Uses This designation is reserved for the provision of production uses for light manufacturing, creative art, or design services. Flexible use spaces, co- working offices, and creative or “maker” industry incubator spaces are also permitted. Professional office or specialty retail are allowed only as an accessory use to the primary production uses. Residential uses are not allowed in this designation as its intent is to promote and protect industry and production uses that diversify the City’s tax base. Intensity Range 0.5 – 1.0 Floor Area RatioCreative Uses 323 78 | CHAPTER 2: LAND USE Public Facilities (PF) Purpose The Public Facilities designation is intended to assure the City and other institutional organizations have adequate space to carry out the duties and responsibilities of the organization. The Public Facilities designation applies to both public and quasi-public uses and may include physical facilities or infrastructure related equipment or structures needed to provide services. Appropriate Land Uses Civic-related administrative offices, community space, operational yards, and educational or institutional facilities are the primary uses allowed in this designation. Public utility structures or corridors, plazas, and historic landmarks or monuments are also allowed within this designation. Wireless telecommunications facilities may be allowed in this designation when co-located with public buildings and determined to be compatible with and avoid nuisances to surrounding uses. Intensity Range 0.1 – 1.0 Floor Area Ratio Open Space (OS) Purpose The Open Space designation is intended to prohibit intensive urban development to those open space areas of the city which are necessary to assure permanent open space in and for public parks and recreation areas; and where urban development would be put at risk from natural hazards. This designation provides for public and community-serving facilities ranging in scale from a few thousand square feet to several acres of land. Appropriate Land Uses Public parks in any size or format are the primary use in this designation. Trails, community gardens, and other similar uses that provide open space resources to surrounding neighborhoods and the region are permitted. Educational buildings and associated facilities to facilitate student learning and activities are allowed in this designation. Recreation facilities with an emphasis on outdoor use are also allowed. Intensity Range 0.0 – 0.5 Floor Area Ratio City Beach (B) Purpose The beach offers exceptional natural beauty, provides for unique recreational activities, offers panoramic views, and is accessible to everyone. These elements combine to create an unrivaled natural asset that is cherished by the community and essential to the local beach culture. This designation is created to protect the recreational, aesthetic, and natural values of the beach. This designation is intended to prohibit any permanent buildings or structures beyond those for lifeguard and infrastructure, and minimize the amount of space used by temporary structures or equipment. Appropriate Land Uses This designation provides for coastal activities and events along the sandy shoreline. The provision of permanent or temporary structures, including the pier, is allowed on the beach only as they are essential to the safe operation and enjoyment of the beach. Infrastructure or amenities such as restrooms, playgrounds, stormwater drainages are allowed provided they do not create visual obstructions or impede recreational activities. Intensity Range 0.0 – 0.05 Floor Area Ratio Institutional Uses 324 RLRLRLRLRLRLRLRLRLRL RLRLRLRLRLRLRLRLRLRLRLRLRL RL RL RL RL RL RL RL RL RL RL RL RL RL RL RLRLRLRLRL RL RLRLRLRLRL RL RL RL RL RL RL RL RL RL RLRL RL OS OS RL RL RL RL RL RL RL RLRL RL RL RL RL RL RLRL RL OS RL RL RL RLRLRLRLRLRLRLRLRLRLRL RL RLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRL RL RL RLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRL RLRLRLRLRLRLRLRLRLRLRLRLRLRL RLRLRLRLRLRLRLCCRLRLCCCCRLRLRM RMRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRM RLRLRLRLRM RM RM RM RM RM RM RM RLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRM RM RLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRL RL RL RL RL RLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRLRL RL RLRLRLRLRLRLRLRLRLRLRLRLRLRL RL 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02.24.2022 325 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDINANCE NO. 87-894 AN ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS BY THE CITY COUNCIL TO REQUIRE A VOTE OF THE PEOPLE TO RAISE THE MAXIMUM HEIGHT LIMIT FOR THE C-1, C-2, C-3, AND RESIDENTIAL PROFESSIONAL ZONES. The People of the City of Hermosa Beach do ordain as follows: SECTION 1. Any amendment of Section 8-5(6) of the Hermosa Beach Zoning Code which raises the maximum building height limit in the C-1, C-2, or C-3 Commercial Zones shall only be approved by a vote of the People through the initiative process. The current building heights are 30 feet in the C-1 Zone, 35 feet in the C-2 Zone, and 45 feet in the C-3 Zone. SECTION 2. Any amendment of Section 701 of the Hermosa Beach Zoning Code which raises the maximum building height in the Residential/Professional Zone shall only be approved by a vote of the People through the initiative process. The current building height in the Residential/Professional Zone is 35 feet. SECTION 3. This ordinance does not preclude normal zoning variance procedures. SECTION 4. If any section or portion of this initiative ordinance is declared invalid by a court of proper jurisdiction, the remaining sections or portions are to be considered valid. SECTION 5. There shall be no modification, amendment, or repeal of any provision herein except by a vote of the people. APPROVED AS TO FORM: 1 - 326 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 Ordinance No. 87-894. PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 1987 BY THE FOLLOWING VOTE: AYES - 2,795 NOES - •600 PAIII7NTXTicre. City Council and MAYOR of the City of Hermosa Beach ATTEST: City Clerk 327 City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00 Agenda Name Comments Support Oppose Neutral e) REPORT 22-0713 INFORMATION REGARDING ALLOWABLE FLOOR AREA RATIOS ON PROPERTIES WITH COMMERCIAL LAND USE DESIGNATIONS (Community Development Director Jeannie Naughton) 1 1 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for e) REPORT 22-0713 INFORMATION REGARDING ALLOWABLE FLOOR AREA RATIOS ON PROPERTIES WITH COMMERCIAL LAND USE DESIGNATIONS (Community Development Director Jeannie Naughton) Overall Sentiment Laura Pena Location: 90254 Submitted At: 2:58pm 11-03-22 Dear Mayor, Council Members, and Staff – I appreciate city leadership taking the proactive steps regarding discussing Floor to Area Ratios (FARs) as it relates to commercial land use designations, especially because we are conducting our Comprehensive Zoning Updates. It is my understanding FARS have not been discussed in our Zoning meetings because it is not specifically required to implement our General Plan. In order to realize the vision in PLAN Hermosa it would be helpful to use our guiding principles that “Contribute to our Economic and Fiscal Stability” that allows for diversified districts within our commercial corridors that provide for the needs of residents, attract visitors, and support a robust and resilient economy. Since there has been discussion in our Zoning meetings of creating a NEW Downtown Zone, all attributes of a zone should be discussed so we can have a full picture of the elements that can create a successful vibrant economy. Features such as residential uses and density should be encouraged as part of these conversations so council members can have the most timely and 328 accurate information as they consider updating our Municipal Code. Again, I look forward to your thoughtful consideration. Laura Pena 329 From:Maximus Salon To:City Clerk Subject:Item e) FAR Date:Wednesday, November 2, 2022 8:19:12 PM Attachments:image1.png Dear Mayor, city council and city leaders, On the conversation about FAR, not only I wholeheartedly agree and support staff report that “Revisiting the allowable FAR in the commercial land use designations could serve a dual purpose in accommodating flexibility in the development of commercial properties and meeting the City’s RHNA obligations” and on top of that, this decision and act will lead to revenue increases to the city and stronger and more vibrant business community. As a reminder, please see the attached page from the study done by Economic & Planning systems for EDC and our city last year. Best to you all , Ed Hart Ed Hart 419-421 Pier Ave, HB 330 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0715 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 CONSIDER WHETHER THE CITY SHOULD ESTABLISH A COMMUNITY ADVISORY COMMITTEE FOR THE TRANSACTIONS AND USE TAX SHOULD MEASURE B BE ENACTED BY THE VOTERS (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council: 1.Discuss whether the City should consider the establishment of a community advisory committee for the Transactions and Use Tax revenue should Measure B be enacted by the voters in the November 8, 2022 General Municipal Election; and 2.If so desired,direct the City Manager to return to City Council with details regarding a Transactions and Use Tax committee should Measure B be passed by the electorate. Executive Summary: At the October 25,2022 City Council meeting,Mayor Detoy requested and Councilmember Armato supported directing staff to bring an item forward on a future agenda regarding the possible establishment of a community advisory committee for the Transactions and Use Tax (Sales Tax or TUT)should Measure B be enacted by the voters in the November 8,2022 General Municipal Election. Background: At its March 3,2022 meeting,City Council held a Revenue Study Session.At the end of the study session,an adjourned meeting was held wherein the City Council directed staff to bring back an item regarding placement of a general Transactions and Use Tax (Sales Tax or TUT)at the rate of three quarters of one cent (3/4¢) on the November 8, 2022 General Municipal Election ballot. At its July 26,2022 regular City Council meeting,City Council voted unanimously to place Measure B on the November 8,2022 General Municipal Election ballot asking voters to approve a General Transactions and Use Tax at the rate of three quarter cent (3/4¢). At its October 25,2022 regular City Council meeting,Mayor Detoy requested,and Councilmember Armato supported,directing staff to bring an item forward on a future agenda regarding the possible City of Hermosa Beach Printed on 10/28/2022Page 1 of 3 powered by Legistar™331 Staff Report REPORT 22-0715 Armato supported,directing staff to bring an item forward on a future agenda regarding the possible establishment of a community advisory committee for the Transactions and Use Tax (Sales Tax or TUT)should Measure B be enacted by the voters in the November 8,2022 General Municipal Election. Meeting Date Description March 3, 2022 Council held a Revenue Study Session where Council directed staff directed staff to bring back an item regarding placement of a general Transactions and Use Tax on the General Municipal Election ballot. July 26, 2022 Council unanimously adopted a resolution placing a Local Control City Services Measure on the November 8, 2022 General Municipal Election ballot asking the voters to approve a general Transactions and Use Tax at the rate of three quarter cent (3/4¢). October 25, 2022 Under Future Agenda Items, Mayor Detoy requested, and Councilmember Armato supported, directing staff to return to Council with an item regarding the possible establishment of a community advisory committee for the Sales Tax or TUT should it be enacted by the voters. Discussion: If enacted,the City’s sales tax consultant estimates that Measure B could result in $3,000,000 in additional annual General Fund revenue.By law,all funds raised by this measure are legally required to be used in Hermosa Beach,ensuring local control of Hermosa Beach tax dollars and a guaranteed source of funding for essential City services.The additional General Funds could be used to maintain the level of service expected by residents,ensure the City’s long-term fiscal sustainability,and to make progress toward funding of deferred capital needs. While an advisory committee is not required and the funds cannot be specifically allocated without a 2/3 vote of the electorate,Council may consider creation of a voluntary community advisory committee.Should the Council wish to consider this option,staff would return to City Council with guidelines regarding the committee including:name;defined purpose;method of appointment;and committee duration.Should the committee be created by the City Council,its activities would be required to comply with the Ralph M. Brown Act. The discussion at hand is whether the City Council should direct the establishment of a community advisory committee for the Transactions and Use Tax (Sales Tax or TUT)should Measure B be enacted by the voters.Based on the outcome of Council’s discussion,staff would take next steps as appropriate such as bringing an item back to City Council to formally establish the community advisory committee. City of Hermosa Beach Printed on 10/28/2022Page 2 of 3 powered by Legistar™332 Staff Report REPORT 22-0715 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: ·1.1 Open Meetings.Maintain the community’s trust by holding meeting in which decisions are being made,that are open and available for all community members to attend,participate,or view remotely. ·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. ·1.7 Diversity of representation.Strive to reflect a comprehensive cross-section of the community in appointments to Commissions and Advisory Committees. Goal 2. The Community is active and engaged in decision-making processes. Policy: ·2.3 Public participation guidelines.Establish parameters and guidelines to ensure public participation in promoted through diverse methods. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1. Link to March 3, 2022 Revenue Study Session Staff Report 2. Link to July 26, 2022 City Council Staff Report 3. Link to October 25, 2022 Tentative Future Agenda Respectfully Submitted by: Dave Wilson, Management Analyst Concur: 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 10/28/2022Page 3 of 3 powered by Legistar™333 City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00 Agenda Name Comments Support Oppose Neutral f) REPORT 22-0715 CONSIDER WHETHER THE CITY SHOULD ESTABLISH A COMMUNITY ADVISORY COMMITTEE FOR THE TRANSACTIONS AND USE TAX SHOULD MEASURE B BE ENACTED BY THE VOTERS (Deputy City Manager Angela Crespi) 5 0 2 3 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for f) REPORT 22-0715 CONSIDER WHETHER THE CITY SHOULD ESTABLISH A COMMUNITY ADVISORY COMMITTEE FOR THE TRANSACTIONS AND USE TAX SHOULD MEASURE B BE ENACTED BY THE VOTERS (Deputy City Manager Angela Crespi) Overall Sentiment Raymond Dussault Location: 90254, HERMOSA BEACH Submitted At: 2:51pm 11-03-22 Dear Council. While I applaud the late attempt to engage the residents, I am reminded that in May 2021 there was an active Economic Development Committee that included two council members. Around that time, City Staff dropped the hand grenade of an Alcohol Serving Establishments ordinance that was illegal and ill-considered. They did so without even speaking to the two council members on the EDC! If this unfortunate tax increase passes and you have a residents advisory committee, what guidelines will be in place to ensure staff even acts like they exist? Raymond Dussault 334 David Grethen Location: Hermosa Beach Submitted At: 12:57pm 11-03-22 There should be no committee created because (1) It should be left to Council, not any special unelected group, to determine, prioritize, or otherwise influence the use of City revenues for expenditure (2) The additional funds should not be constrained or earmarked for any specific purpose(s) but instead should be simply added to the General Fund to able to managed with maximum flexibility (3) The Staff burden to manage the committee will detract from progress on more important tasks and accomplishments. Dean francois Location: Submitted At: 12:52am 11-03-22 When this item was referred to staff to place on a future agenda, it appears to be transparent but was assumed this would be placed on the agenda when the new council is seated. I'm not with the contention that everything waits for a new council, but this item tonight is premature and unnecessarily spends taxpayers dollars at this time. I would hope this is not grandstanding nor using taxpayer funded public meetings to publicize the tax increase. The challenge for this proposed committee would be differentiating what gets placed in to a $3 million bucket assuming there's no lost revenue to other cities and how that is or is not a priority over funding everything else in the budget. Dean4council.com Dean francois Location: Submitted At: 12:52am 11-03-22 When this item was referred to staff to place on a future agenda, it appears to be transparent but was assumed this would be placed on the agenda when the new council is seated. I'm not with the contention that everything waits for a new council, but this item tonight is premature and unnecessarily spends taxpayers dollars at this time. I would hope this is not grandstanding nor using taxpayer funded public meetings to publicize the tax increase. The challenge for this proposed committee would be differentiating what gets placed in to a $3 million bucket assuming there's no lost revenue to other cities and how that is or is not a priority over funding everything else in the budget. Dean4council.com Howard L Location: Submitted At: 4:35am 11-01-22 Everyone is reminded to ‘Vote No on Measure-B’, the ¾% HB Council Sales Tax increase that only they and City Manager Suja Lowenthal want. Vote No on all four HB Measures M-B-U-T. All four are deceptively written to fool voters, and give proponents and the HB Council more money and power to waste. HB businesses don’t need customers to have yet another reason to do business in Manhattan Bch, Redondo Bch, Palos Verdes, or Beverly Hills where the sales tax is 9.5% as it is in virtually all quality California cities, not 10.25% as the HB Council wants. HB has become one of the poorly governed cities that never has enough of the people’s money. HB’s Council doesn’t care that it’s going to cost residents hundreds of dollars more to buy a new vehicle or boat, be it electric, or other, NO MATTER WHAT CITY THEY BUY the vehicle with this tax increase. Sales tax on such purchases or leases is basis where the vehicle is registered which has to be where they reside, not where their mailing address is. 335 Doesn’t HB abuse visitors enough with its super-high 14% TOT hotel tax and the excessive amount of parking tickets it writes on visitors and residents? This will be a meaningless, powerless advisory committee item. Little more than a political gimmick to campaign some more for Measure-B five days before the election. Such advisory committee would just be wasting more, COSTLY staff and facilities time for agendas, and on and on for their meetings that city staff would have to work up. Their advice would be window dressing to fit an agenda. The council members have their own agenda and when they vote on the budget that’s what they’re going to do, their own agenda. Nothing would force the Council to use the advice given in a particular budget year situation. It would only be a matter of time that it would be seen as “window dressing” and the city council would quietly disband the useless committee. Any city council could end such advisory group which would be stacked with political sycophants for grandstanding, as every other committee has been. For an advisory group to have any teeth, its specifications for the Council to use its advice, needed to be written into Measure-B itself. This is a cart-before-the-horse item that’s on this agenda. The item is premature as the vote is not in. If Measure-B receives 50% NO votes, this item is moot. You’ve wasted staff time for this premature item. Another attempt at campaigning to make this city be as Hawthorne, Hawaiian Gardens, Long Beach, and so many other cities that Hermosa need not emulate. If Los Angeles County attempts to take away the tiny share of the sales tax HB receives for being a self-operating incorporated city, there will be time to consider what to do then, including litigation against such action. Using that ruse to scare Hermosans is itself corrupt by this sitting Massey-Armato run HB council. Your Council has done all possible to hide everything possible from the public, and then has voted as a bloc to railroad through action after action, and even conspire to denigrate the one Councilmember who didn’t play your dangerous games. Meeting after meeting you continue to slander former Council member Hany Fangary, opening the city for additional litigation, much as Wrong-Action Jackson did by exposing his own bias as a sitting City Councilmember who participates in Closed Sessions regarding Hany Fangary. And he’s supposedly a Florida bar attorney? Vote out Jackson! These are some of the reasons why smart Hermosans are voting NO on Massey’s 16-month Rubber-Stamp Raymond Jackson and his de facto slate-running-mate Rita Gerace. That’s why all need to vote NO on this sales tax Measure-B that the HB City Council purposely misstated as being a “3/4 cent” increase in the sales tax, right on the ballot itself, rather than stating it’s an increase from 9- 3/4% sales tax to a full 10-1/4% sales tax, the maximum allowed by state law. You’ve all arrogantly abused the public’s trust, with your snake-oil sycophant’s so-completely and stupidly worship of you. 336 As each of you eventually exits the City Council, you will be leaving in disgrace. You chose to be as you’ve become. No one did that but you. You sit up there on the dais looking down on us as if you are God’s and we, the residents and business people are nothings. You’re arrogant, pompous phonies when you do as you have over and over. This item should be removed from the agenda and if desired, brought back at a future meeting if your unneeded Measure-B passes. However, should it pass, when legal to do so, a Peoples Initiative to remove your 3/4% sales tax increase will likely come before even the next election. The voters won’t be duped and deceived a second time. My views of course having watched over twenty different, honorable HB Councils before your dishonorable Council came to be. Your Council receives a rock-bottom grade of F-minus from me. Howard L. 337 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0690 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 AWARD A CONTRACT FOR DESIGN SERVICES FOR GREENBELT ACCESSIBLE TRAIL AND OTHER ACCESSIBILITY ENHANCEMENTS TO SWA GROUP, INC. (Public Works Director Joe SanClemente) Recommended Action: Staff recommends City Council: 1.Award a contract for design services for Greenbelt Accessible Trail and other accessibility improvements to SWA Group,Inc.at a not-to-exceed amount of $129,980,for a term of two years ending November 3, 2024 (Attachment 4); 2.Authorize the Public Works Director to establish a $35,000 project contingency; 3.Authorize the City Manager to approve contract amendments up to the amount of the approved project contingency; and 4.Authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney. Executive Summary: Following a competitive process,staff recommends City Council award the Greenbelt Accessible Trail and other accessibility improvements design services contract to SWA Group,Inc.at a not-to-exceed amount of $129,980, for a term of two years ending November 3, 2024. Background: As part of the City’s ongoing effort to increase accessibility,City Council held an Americans with Disability Act (ADA)study session on March 31,2022.At the study session,staff presented the feasibility study for an accessible trail along the Greenbelt as part of Capital Improvement Project (CIP) Study 544 Greenbelt Accessible Path Assessment. The feasibility study found that it is technically feasible for the City to make all,or a portion of the Greenbelt accessible provided that slope requirements are met and the pathway material is firm, stable,and slip resistant to meet current ADA standards.The existing wood chip pathway does not meet these requirements. Another important criterion for the City is to maintain the natural look of the Greenbelt.To achieve this goal,the report recommended using a decomposed granite material,which resembles a fine gravel City of Hermosa Beach Printed on 10/28/2022Page 1 of 6 powered by Legistar™338 Staff Report REPORT 22-0690 goal,the report recommended using a decomposed granite material,which resembles a fine gravel or coarse sand and can be obtained in different colors to best match the surroundings.The study also provided conceptual options,with various alignments,for an accessible pedestrian trail made of decomposed granite (DG). After completing a thorough review,City Council selected the option that would retain the pathway in its current location and replace the woodchips with DG to create an accessible pedestrian trail from Pier Avenue to 8th Street (Attachment 1)as an initial pilot. To further improve and increase accessibility,the project would also include:the redesign of up to eight adjacent curb ramps to bring them to current standards;improvements to adjacent ADA parking along Valley Drive;and safety enhancements to the existing pedestrian crossing in front of Clark Building, including installation of rectangular rapid flashing beacon (RRFB). The design of the project is funded through CIP 502 Greenbelt Pedestrian Trail and CIP 604 City Wide ADA Improvements,which were created in the Fiscal Year 2022-2023 Budget and Capital Improvement Program. Past Commission and Council Actions Meeting Date Description February 27, 2018 Council directed staff to continue to work with Access hermosa Working Group, Public Works Commission, and the City Attorney and return to the Council at a future meeting with recommendations for either (1) implementing the proposed Greenbelt modifications consistent with current zoning requirements, OR (2) providing the actions needed to place the issue of potential modifications to The Greenbelt as a ballot measure at a future election. Staff was further directed to include, in the agenda item presented to the Public Works Commission, a report from a landscape architect with opinions on options within existing zoning requirements, making clear that the issue is to be brought back as time allows. July 13, 2021 As part of the Fiscal Year 2021-22 Budget, City Council directed staff to return for a study session focused on the City’s Americans with Disabilities Act (ADA) program including efforts to complete the incomplete 2015 Draft ADA Transition Plan. March 2, 2022 Public Works Commission received and filed the draft ADA Self-Evaluation and Transition Plan and the draft Feasibility Study for an Accessible Trail along the Greenbelt and recommended City Council approve the draft ADA Self - Evaluation and Transition with the incorporation of the Public Works Commission comments. March 31, 2022 City Council approved the option of removing the existing wood chip path and installing a DG accessible pedestrian trail on the Greenbelt from Pier Ave to 8th St. City of Hermosa Beach Printed on 10/28/2022Page 2 of 6 powered by Legistar™339 Staff Report REPORT 22-0690 Meeting Date DescriptionFebruary 27, 2018 Council directed staff to continue to work with Accesshermosa Working Group, Public Works Commission, andthe City Attorney and return to the Council at a futuremeeting with recommendations for either (1) implementingthe proposed Greenbelt modifications consistent withcurrent zoning requirements, OR (2) providing the actionsneeded to place the issue of potential modifications to TheGreenbelt as a ballot measure at a future election. Staff wasfurther directed to include, in the agenda item presented tothe Public Works Commission, a report from a landscapearchitect with opinions on options within existing zoningrequirements, making clear that the issue is to be broughtback as time allows. July 13, 2021 As part of the Fiscal Year 2021-22 Budget, City Council directed staff to return for a study session focused on the City’s Americans with Disabilities Act (ADA) program including efforts to complete the incomplete 2015 Draft ADA Transition Plan. March 2, 2022 Public Works Commission received and filed the draft ADA Self-Evaluation and Transition Plan and the draft Feasibility Study for an Accessible Trail along the Greenbelt and recommended City Council approve the draft ADA Self - Evaluation and Transition with the incorporation of the Public Works Commission comments. March 31, 2022 City Council approved the option of removing the existing wood chip path and installing a DG accessible pedestrian trail on the Greenbelt from Pier Ave to 8th St. Analysis: On September 15,2022 the City issued RFP 22-008 (Attachment 3)inviting experienced and highly qualified design firms to submit a proposal for the design of the project through a competitive process.The RFP was advertised in the Easy Reader,on the City’s website,and on the City’s online bidding platform,PlanetBids.On October 6,2022,a total of four proposals were received in response to the RFP. The proposing firms are listed below in alphabetical order: ·GLLB Studio; ·Hirsch & Associates; ·Kimley-Horn and Associates; and ·SWA Group. The proposals were then evaluated in detail by staff based on the following criteria: ·Approach and Methods; ·Relevant Experience and Expertise; ·Timeframe and Cost; and ·Administration. Based on a comprehensive review,staff recommends award of a contract for design services for Greenbelt Pedestrian Accessible Trail and other accessibility improvements to SWA Group,Inc.SWA Group was found to be highly qualified and has a strong understanding of the project with a clear and detailed approach to design.SWA Group is currently an on-call landscape architect and has completed other satisfactory designs for the City.The recommended specialist is also familiar with the City and the community’s concerns and sensitivity,in regards to the Greenbelt.SWA Group assisted with the feasibility study by preparing the initial concept designs for the DG accessible pedestrian trail that was presented to Council at its March 31, 2022 meeting. If approved,SWA Group and staff would immediately begin design of the project.Design is estimated City of Hermosa Beach Printed on 10/28/2022Page 3 of 6 powered by Legistar™340 Staff Report REPORT 22-0690 If approved,SWA Group and staff would immediately begin design of the project.Design is estimated to be completed by May 2023.Bidding and construction would begin soon after completion of design and is currently estimated to be completed before the end of 2023.Once construction of the project is complete,staff would observe the pilot trail,with SWA Group to provide support,for any adjustments or improvements that may be needed. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Mobility Element 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 right-of-way.Where right-of-way clearance allows,enhance public right - of-way to improve connectivity for pedestrians,bicyclists,disabled persons,and public transit stops. ·3.2 Complete pedestrian network.Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety, access opportunities and connectivity to destinations. ·3.10 Require ADA standards.Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA)standards by incorporating crosswalks,curb ramps,pedestrian signals, and other components to provide ease of access for disabled persons. Parks + Open Space Element Goal 1. First class, well maintained, and safe recreational facilities, parks, and open spaces. Policies: ·1.4 Low-maintenance design.Promote environmentally sustainable and low maintenance design principles in the renovation, addition, or maintenance of parks and recreation facilities. ·1.5 Evaluate community needs.Conduct a periodic review of community park needs and interests to inform maintenance and investment priorities. Goal 4.Direct and accessible routes and connections to parks,recreational facilities,and open space are provided. Policy: 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. City of Hermosa Beach Printed on 10/28/2022Page 4 of 6 powered by Legistar™341 Staff Report REPORT 22-0690 Fiscal Impact: The design fee for the Greenbelt accessible path,and other adjacent accessibility improvements,is $129,980. Staff recommends a $35,000 contingency for a total design budget of $164,980. CIP 502 Greenbelt Pedestrian Trail has $550,000 of funds for the project.A portion of those funds will be used for design.Since the design includes accessibility improvements to the adjacent curb ramps, ADA parking spaces,and Clark building crossing,a portion of the $200,000 available from CIP 604 City Wide ADA Improvements,which is dedicated to fund accessibility improvements throughout the City,will also be used.Staff is exploring additional funding opportunities to supplement or replace City funds through Los Angeles County and South Bay Cities Council of Governments for design and construction. Maintenance of the DG accessible pedestrian trail will be required.Grooming of the DG is recommended once a year and replenishment approximately every five years.Early estimates indicate that maintenance cost will be similar if not less to the maintenance cost of the wood chip path. Agreement Request Request Amount FY 2022-2023 Budget Dept. Account # Total Contract Amount $164,980 122-8502-4201, 301-8502-4201, 301- 8604-4201 $164,980 Attachments: 1. Approved Conceptual Design 2. RFP 22-008 3. SWA Group Proposal 4. Draft Professional Service Agreement 5. Link to February 27, 2018 City Council Staff Report 6. Link to July 13, 2021 City Council Staff Report 7. Link to March 2, 2022 Public Works Commission Staff Report 8. Link to March 31, 2022 City Council Staff Report Respectfully Submitted by: Andrew Nguyen, Associate Engineer Concur: Lucho Rodriguez, City Engineer Concur: Joe SanClemente, Public Works Director City of Hermosa Beach Printed on 10/28/2022Page 5 of 6 powered by Legistar™342 Staff Report REPORT 22-0690 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 10/28/2022Page 6 of 6 powered by Legistar™343 Greenbelt Accessibility Path 2022.03.01 P.8 Planting Area Planting AreaExisting Woodchip Path Planting AreaArdmore Ave Planting AreaExisting 12’ Woodchip PathPlan Section Existing Condition Project Overview 344 Greenbelt Accessibility Path 2022.03.01 P.9 Planting Area Planting AreaProposed DG Path Planting AreaArdmore Ave Planting Area12’ Proposed DG PathPlan Section Option 1: Replace entire path with decomposed granite. Design Alternative 345 REQUEST FOR PROPOSALS (RFP) NO. 22-008 GREENBELT ACCESSIBLE TRAIL DESIGN SERVICES IN THE CITY OF HERMOSA BEACH, CALIFORNIA CITY OF HERMOSA BEACH Department of Public Works 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0210 346 RFP 22-008 City of Hermosa Beach Page 2 of 40 RFP NUMBER: RFP# 22-008 RFP TITLE: GREENBELT ACCESSIBLE TRAIL DESIGN SERVICES REQUESTING DEPARTMENT: Public Works – Engineering Division RELEASE DATE: September 15, 2022 DUE DATE: Thursday, October 6, 2022 @ 3:00 p.m. PST Notice is hereby given that the Department of Public Works of the City of Hermosa Beach will receive proposals for: RFP# 22-008, GREENBELT ACCESSIBLE TRAIL DESIGN SERVICES Proposals must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home). Proposals will be received until 3:00 p.m. PST, Thursday, October 6, 2022. Proposals will not be opened at that time but will be submitted to the Public Works Department for verification and compliance with Specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award. Please direct any inquiries regarding this RFP to Andrew Nguyen at anguyen@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Andrew Nguyen referenced above or submitted on the PlanetBids Portal. Dated: September 15, 2022 www.hermosabeach.gov BEACH HERMOSA OF CITY 1315 Valley Drive, Hermosa Beach, CA, 90254 Phone: (310) 318-0210, FAX: (310) 937-5015 347 RFP 22-008 City of Hermosa Beach Page 3 of 40 Table of Contents 1 Introduction ............................................................................................................................ 4 1.1 Invitation for Proposals .................................................................................................... 4 1.2 RFP Timeline ..................................................................................................................... 4 1.3 Submittal Procedures ...................................................................................................... 4 1.4 Contact ............................................................................................................................ 5 1.5 General RFP Conditions .................................................................................................. 5 2. Project Overview ................................................................................................................ 10 2.1 Background ................................................................................................................... 10 Figure 1. Project Area ......................................................................................................... 11 Figure 2. Conceptual Design .............................................................................................. 12 2.2 Objective and Goals..................................................................................................... 13 2.3 Relevant Plans, Policies, Programs, or Projects ........................................................... 13 3. Scope of Services ............................................................................................................... 14 Phase 1 – Design ................................................................................................................. 14 Phase 2 – Construction ........................................................................................................ 15 4. Proposal Submittal Instructions .......................................................................................... 16 4.1 Proposal Format ............................................................................................................. 16 4.2 Proposal Content ........................................................................................................... 16 4.2.1 Cover Letter ............................................................................................................ 16 4.2.2 Firm Profile ............................................................................................................... 16 4.2.3 Project Understanding and Approach to Scope of Work ................................... 17 4.2.4 Project Management Plan .................................................................................... 18 4.2.5 Experience and Qualifications .............................................................................. 18 4.2.6 Required Forms ....................................................................................................... 20 4.2.7 Cost Proposal .......................................................................................................... 21 5. Proposal Evaluation and Selection .................................................................................... 21 5.1 Proposal Review Process .............................................................................................. 21 6. Contract Expectations ........................................................................................................ 23 6.1 Contract Period ............................................................................................................. 23 6.2 Professional Services Agreement ................................................................................. 23 6.3 Standards of Work ......................................................................................................... 23 6.4 Invoicing and Payment................................................................................................. 23 7.2 Required Forms .............................................................................................................. 35 7.2.1 Certification of Proposal......................................................................................... 35 7.2.2 Non-Collusion Affidavit ........................................................................................... 37 7.2.3 Compliance with Insurance Requirements .......................................................... 38 7.2.4 Acknowledgement of Professional Services Agreement .................................... 39 7.2.5 COVID Vaccination Certification .......................................................................... 40 348 RFP 22-008 City of Hermosa Beach Page 4 of 40 1 Introduction 1.1 Invitation for Proposals The City of Hermosa Beach, Public Works Department is seeking proposals from qualified individuals or firms to design an accessible pedestrian trail on the City’s Greenbelt between Pier Avenue and 8th Street and obtain necessary permits and approvals. Proposer(s) must have the expertise, experience, and demonstrate resources available to perform the work described in the RFP. Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services. The City anticipates a contract start date around November 3, 2022. 1.2 RFP Timeline RFP posted September 15, 2022 Deadline to submit written questions September 26, 2022 Posting of responses to questions September 28, 2022 Deadline to submit proposals October 6, 2022 - 3 PM PST Tentative award November 3, 2022 1.3 Submittal Procedures Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal. No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. (Check Section 4 for complete submittal procedures) 349 RFP 22-008 City of Hermosa Beach Page 5 of 40 1.4 Contact Please direct any inquiries regarding this RFP to Andrew Nguyen at anguyen@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Andrew Nguyen referenced above or submitted on the PlanetBids Portal. 1.5 General RFP Conditions The following instructions and conditions apply to this RFP: Pre-Contractual Expenses The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in: • Preparing a proposal in response to this RFP. • Submitting that proposal to the City of Hermosa Beach. • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement. • Any other expenses incurred by the consultant prior to the date of an executed contract. Authority to Withdraw RFP and/or Not Award Contract The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City to enter into a contract or agreement. Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the consultant is aware 350 RFP 22-008 City of Hermosa Beach Page 6 of 40 of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form. The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest. Other Conditions • ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services. • AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant. • AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto. • CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. • DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit. 351 RFP 22-008 City of Hermosa Beach Page 7 of 40 • EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued. • IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition. 352 RFP 22-008 City of Hermosa Beach Page 8 of 40 • NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms. • OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal. • OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement. • NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law. • REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. • SEVERABILITY. If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from 353 RFP 22-008 City of Hermosa Beach Page 9 of 40 the Request for Qualifications and the remaining provisions shall be valid and enforceable. • SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract. • VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline. • BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement. 354 RFP 22-008 City of Hermosa Beach Page 10 of 40 2. Project Overview 2.1 Background Hermosa Beach is a thriving community of some 20,000 residents and naturally draws a high number of visitors to its Greenbelt trail. The Greenbelt is a highly valued resource for the City which is used by local residents and visitors for recreational purposes and to enjoy the natural beauty. The Greenbelt was developed in 1986 from the abandoned Santa Fe Railroad. Over a period of time, the City has made incremental access improvements to the Greenbelt. These improvements have thus far included an installation of curb ramps and ramps at cross streets and various mid-block points of access throughout the length of the path. Other installations include, workout stations, water fountains, benches, and monuments. At its February 27, 2018 meeting, City Council was presented an item titled ADA Assessment and Proposed Decomposed Granite Path on the Greenbelt during which staff recommended further review and policy direction for ADA accessibility upon the Greenbelt. Following discussion, Council directed staff to further investigate modification options to the Greenbelt for an accessible path and to return with a report to also include concepts from a landscape architect. The feasibility study was completed and presented to City Council on March 15, 2022 (Attachment 1). The study found that it is technically feasible for the City to make either all or a portion of the Greenbelt accessible, provided that slope requirements are met. The recommended location for an initial pilot project was identified between Pier Avenue and 8th Street as this segment offers all the elements offered elsewhere along the Greenbelt. The City engaged a landscape architect, to provide three conceptual designs to assist with the visualization of what an accessible pedestrian trail could look like along a shorter portion of this segment of the Greenbelt from Pier Avenue to 11th Street to establish an initial pilot. The Hermosa Beach City Council ultimately voted to create a project to install an accessible pedestrian trail made of decomposed granite (DG) on a portion of the Greenbelt from Pier Avenue to 8th Street (see Figure 1). The selected option would essentially replace the woodchip path in its current location with DG and make other necessary accessible path improvements (see Figure 2). At this time the City is seeking an experienced consultant, or team of consultants, to design the accessible pedestrian trail on the Greenbelt from Pier Avenue to 8th Street. The design is to include reconstructing existing curb ramps to meet ADA standards, enhancements to a crosswalk connecting to the City’s Clark Building, and any necessary modifications to irrigation lines adjacent to the pathway. The consultant’s team should have expertise and knowledge for making this project ADA compliant. The Project is exempt from CEQA and Coastal Commission review. 355 RFP 22-008 City of Hermosa Beach Page 11 of 40 Figure 1. Project Area 356 RFP 22-008 City of Hermosa Beach Page 12 of 40 Figure 2. Conceptual Design 357 RFP 22-008 City of Hermosa Beach Page 13 of 40 2.2 Objective and Goals The City of Hermosa Beach is seeking a qualified consultant, or team of consultants capable of completing the final design plans for the project. The design shall incorporate the following goals and considerations: • Design an accessible pedestrian trail with decomposed granite (DG) on the Greenbelt between Pier Avenue and 8th Street and ensure the design meets latest ADA standards. The current path on the Greenbelt is composed of woodchips, which are to be removed and replaced with DG. • Design is to include grading of the DG path for not only ADA compliance but for proper drainage for improved maintenance. • Design is to include irrigation adjustments as necessary to retain the integrity of the DG path, minimize maintenance, and ensure proper irrigation to adjacent plantings. City has PDF of irrigation plans but may need to be updated. • Design is to include any necessary drainage improvements to help maintain and preserve the DG path. • Design is to include careful consideration of existing trees and how they may be affected during construction. • Design is to include reconstruction of any non-ADA compliant curb ramps on the portion of the Greenbelt and connection of the DG accessible pedestrian trail to the curb ramps. • Design is to include improvements and modifications to the adjacent parking lot for additional ADA parking. • Design is to include improvements to the crossing from adjacent parking lot to the City’s Clark building. 2.3 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience: • PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted August 2017 • Greenbelt Feasibility Study For ADA Accessibility 358 RFP 22-008 City of Hermosa Beach Page 14 of 40 3. Scope of Services The Scope of Work shall include, but not be limited to the following tasks. Consultant teams are encouraged to recommend alternative approaches and/or additional tasks to completing the work. Phase 1 – Design Task 1 – Design and Construction Documents Consultant to prepare final design package and construction documents. This effort shall include: A. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in AutoCAD Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. B. Conduct all necessary supporting studies and investigations (e.g., soils investigations, geotechnical, tidal and ground water investigations, existing irrigation layout, etc.). C. Complete the design of project including plans, specifications, and engineer’s construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer’s estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. D. The design of the project shall be prepared in accordance with all appropriate standards, as applicable, including but not limited to City of Hermosa Beach Standard Plans and the Standard Specifications for Public Works Construction, Caltrans, 2014 ABA Guidelines for Outdoor Developed Areas, 2010 ADA Standards for Accessible Design, etc. E. All original plan sheets, calculations, and reports shall be signed and stamped by the Consultant’s licensed professional engineer, and/or landscape architect, as appropriate, in responsible-charge of the project. These signed originals will then become the property of the City. F. The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job-related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. 359 RFP 22-008 City of Hermosa Beach Page 15 of 40 G. All electronic files, databases generated, spreadsheets and intellectual properties developed during the life of the Agreement shall become the property of the City. Deliverables: land survey (PDF and CAD); Plans, Specification, and Estimate (30%, 60%, 90%, and 100%) in electronic (PDF and CAD) and 3 hard copies; any necessary supporting studies. Task 2 – Meeting Attendance and Support The Consultant shall attend and participate in meetings and conference calls as necessary to complete the project and provide materials to facilitate communications with the public. Consultant proposals should include the following: • Project kick-off meeting; • Attendance at up to two public meetings (one Parks and Recreation Commission Meeting and one Public Works Commission Meeting); • Team conference calls as needed; and • Preparation of presentation materials, including but not limited to an illustrative drawing that can be posted on the City’s website and presented at Commission meetings to provide an update on the project. Deliverables: Kick off meeting agenda, meeting notes as needed, presentation materials in support of public meetings, and illustrative drawing of the final design. Phase 2 – Construction Task 3 – Construction Phase The Consultant shall provide support services as needed during the bidding and construction phases of the project, including: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Upon award of the construction contract, the Consultant shall attend the pre-construction meeting. B. The Consultant shall review and approve all submittals as needed and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within one (1) week of receipt. C. The Consultant shall respond to written Requests for Information (RFI) as needed to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. Upon the completion of construction, record drawings plans shall be submitted to the City. The Consultant shall incorporate all changes to the plans electronically with all 360 RFP 22-008 City of Hermosa Beach Page 16 of 40 necessary revision notations. Once plans have been updated, a signed set of record drawings shall be submitted to the City in electronic format (AutoCAD and PDF formats properly labeled). Deliverables: Preconstruction meeting agenda and minutes, shop drawings, RFI responses, final as-built records plans (AutoCAD and PDF). 4. Proposal Submittal Instructions 4.1 Proposal Format Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal. 4.2 Proposal Content Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP. 4.2.1 Cover Letter Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP. 4.2.2 Firm Profile Proposers should provide a brief profile of the prime consultant and any sub-consultants. Information should include, but is not limited to the following information: • Official name and address. • Name, address, email, and telephone number of the consultant’s primary point of contact. • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture. 361 RFP 22-008 City of Hermosa Beach Page 17 of 40 • Federal Employer I.D. Number. • Address, telephone numbers and fax numbers of each of the proposing firm’s locations. • Indication whether firm is totally or partially owned by another business organization (parent company) or individual. • Number of years consultant has been in business under the present business name. • Number of years of experience the consultant has had in providing required, equivalent, or related services. • Any failures or refusals to complete a contract, and explanation. 4.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below. Statement of Project Understanding Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided. Organizational Chart Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal. Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified. Approach to Work Program (Required and Optional Tasks) The City is seeking an effective, efficient and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives. This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects. The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks or services performed by the proposer. 362 RFP 22-008 City of Hermosa Beach Page 18 of 40 Additional Services Consultant shall provide the City with any additional services that the firm can provide. Consultant may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements. Roles and Responsibilities for City Staff Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Consultant shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”. 4.2.4 Project Management Plan Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected consultant. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control. Project Schedule Proposers must provide a project schedule with anticipated timeframe for key deliverables outlined in the scope of work. Communications Approach Proposers should describe their recommended or preferred approach to project communications between the City and Consultant Team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during individual project kick-offs. Consultant should have the capability to run virtual meetings during COVID-19. Quality Assurance/Quality Control Approach Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel ’s quality of work is high. 4.2.5 Experience and Qualifications Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below. Summary of Relevant Projects Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with 363 RFP 22-008 City of Hermosa Beach Page 19 of 40 similar projects. For each project, please include the following information, at a minimum: • Year started and completed (if relevant) • Contracting Agency + Department • Project Description • Key Personnel Assigned • Contract Value References Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include: • Name of agency • Name of agency project manager • Email address and telephone number of contact person • Description of project or services provided Experience and Qualifications of Key Personnel The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include: • Name • Position and Role for This Project • Degrees and Certifications • Professional Memberships/Registrations • Summary of Experience • Work on Representative Project Similar in Scope If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format. Assignment of Key Personnel 364 RFP 22-008 City of Hermosa Beach Page 20 of 40 It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects. After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior written approval from the local agency. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different sub- consultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for geotechnical types of consultant contracts, the Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project. In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the City’s project manager for review. 4.2.6 Required Forms Consultant shall review, acknowledge and submit the following forms: • Certification of Proposal. Consultant is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1) • Non-Collusion Affidavit. Consultant is required to sign and submit the Non- Collusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4) • Covid Vaccination Certification. Consultant agrees to certify in writing to CITY that all employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. (See section 7.2.5) 365 RFP 22-008 City of Hermosa Beach Page 21 of 40 4.2.7 Cost Proposal The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by project phase, task, hourly rates, and key personnel. Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials. The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP. Other direct costs, intended to be charged to the City, need to be stated. No mark-ups will be allowed for other direct costs. 5. Proposal Evaluation and Selection 5.1 Proposal Review Process The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made. Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include non- city personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers. The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with 366 RFP 22-008 City of Hermosa Beach Page 22 of 40 the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements. 5.2 Evaluation Criteria Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm. Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows. Approach and Methods (30%): • A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs. • Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. • Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan. Relevant Experience & Expertise (35%): • Recent experience preparing similar projects or providing similar services for jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. • The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. • The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. 367 RFP 22-008 City of Hermosa Beach Page 23 of 40 • The team’s experience and ability to clearly communicate technical concepts and terminology with the community. Timeframe and Costs (25%): • Display of responsive timeframe to assign tasks. • Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. Administration (10%): • Ability to comply with the timeline terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement. 6. Contract Expectations 6.1 Contract Period The City anticipates the contract term would begin around November 2022. The City is interested in having the design completed and ready for construction advertisement within four (4) to six (6) months from the Notice to Proceed. 6.2 Professional Services Agreement The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 7.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement. 6.3 Standards of Work In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense. 6.4 Invoicing and Payment Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task. 368 RFP 22-008 City of Hermosa Beach Page 24 of 40 Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information: Contract Amount Total Prior Contract Billings Contract Work Performed this Period Total Contract Amount Performed To Date Contract Percent Complete Total Amount Remaining for the Contract 369 RFP 22-008 City of Hermosa Beach Page 25 of 40 7. Attachments and Required Forms 7.1 Sample Professional Services Agreement CONTRACT FOR PROFESSIONAL SERVICES TO ________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 2022, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to __________________________________________. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous 370 RFP 22-008 City of Hermosa Beach Page 26 of 40 month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 20___, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 371 RFP 22-008 City of Hermosa Beach Page 27 of 40 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. 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. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 372 RFP 22-008 City of Hermosa Beach Page 28 of 40 ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars 373 RFP 22-008 City of Hermosa Beach Page 29 of 40 ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 374 RFP 22-008 City of Hermosa Beach Page 30 of 40 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or 375 RFP 22-008 City of Hermosa Beach Page 31 of 40 services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: ATTN: 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 376 RFP 22-008 City of Hermosa Beach Page 32 of 40 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. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. C. 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. D. 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. E. 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. F. 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. 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. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the 377 RFP 22-008 City of Hermosa Beach Page 33 of 40 natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 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. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. 378 RFP 22-008 City of Hermosa Beach Page 34 of 40 City Initials ______ Consultant Initials ______ OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT [MAYOR/CITY MANAGER] By: NAME/TITLE ATTEST: Myra Maravilla, City Clerk Taxpayer ID No. APPROVED AS TO FORM: 379 RFP 22-008 City of Hermosa Beach Page 35 of 40 Michael Jenkins, City Attorney 7.2 Required Forms 7.2.1 Certification of Proposal RFP #: _________ The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ 380 RFP 22-008 City of Hermosa Beach Page 36 of 40 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ 381 RFP 22-008 City of Hermosa Beach Page 37 of 40 7.2.2 Non-Collusion Affidavit RFP #: _________ The undersigned declares states and certifies that: 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract. 5. All statements contained in the Proposal and related documents are true. 6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal. 8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ 382 RFP 22-008 City of Hermosa Beach Page 38 of 40 7.2.3 Compliance with Insurance Requirements RFP #: _________ The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ 383 RFP 22-008 City of Hermosa Beach Page 39 of 40 7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________ The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________ Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ 384 RFP 22-008 City of Hermosa Beach Page 40 of 40 7.2.5 COVID Vaccination Certification PLEASE PLACE LETTER ON OFFICIAL COMPANY LETTERHEAD (Insert Date) Suja Lowenthal, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal: Per this letter, (Insert Company Name) certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the (Insert Agreement Title) dated (Insert Agreement Date), are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. Respectfully, (Insert Name) (Insert Title) 385 SWA STATEMENT OF QUALIFICATIONS October 6, 2022 Greenbelt Accessible Trail Design Services (RFP 22-008) City of Hermosa Beach 386 387 October 6, 2022 Andrew Nguyen City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Submitted Via PlanetBids RE: Greenbelt Accessible Trail Design Services (RFP #22-008) Dear Andrew: SWA is honored to present our qualifications for the Greenbelt Accessible Trail Design Services RFP. Through our on-call engagement with the City of Hermosa Beach, which has included projects such as: South Park Irrigation & Planting Design, Clark Building Planting, Clark Field Restroom Building Planting, Hermosa Beach Community Center Planting, and of course the Greenbelt Feasibility Study - we have become familiar with a number of your open spaces and park assets. We believe we are best qualified for this project from our extensive project working with the City of Hermosa Beach. Through our experience with a number of linear parks and open space projects including the Santa Monica North Beach Trail (Marvin Braude Trail), Culver Boulevard Median Park, Milton Street Park, and Arcadia Downtown Alleys to name a few, we are uniquely equipped in transforming infrastructural corridors into recreational opportunities. For this project we have created a well-rounded team including Huitt-Zollars who will serve as our civil engineering and survey partner, and Cumming as our cost estimation specialist. As the team who delivered the feasibility study, we are confident in our ability to execute this project within the budget and schedule that is set forth by the City of Hermosa Beach. We would be honored to partner with the City of Hermosa Beach, neighborhood stakeholders, and pertinent commissions to bring a noteworthy recreational amenity up to ADA standards. We hope to have the opportunity to speak with you about this important project. I serve as the authorized signatory who can bind this proposal and guarantee the information contained herein. We also acknowledge that no addendums were issued for this proposal. Sincerely, Ying-yu Hung, FASLA Managing Principal Los Angeles 811 W 7th Street Los Angeles, California 90017 +1.213.236.9090 www.swagroup.com Ying-Yu Hung Gerdo P Aquino 388 389 Cover Letter Pg. 03 Firm Profile Pg. 09 Project Understanding & Approach to Scope of Work Pg. 17 Project Management Plan Pg. 26 Experience & Qualifications Pg. 32 Required Forms Pg. 62 Table of Contents Proposal copyright ©2022 by SWA Group. No portion of this proposal may be copied or distributed without the written permission of SWA Group. 390 391 Firm Profile 392 8 I RFP 22-008 Hermosa Beach I SWA 393 SWA l RFP 22-008 Hermosa Beach I 9 Organization & Approach SWA Firm History/Management Structure SWA was founded in 1957 as Sasaki Walker & Associates; in 1973, the firm changed its name to SWA Group, and in that same year became one of the first companies on the West Coast to be owned by an Employee Stock Ownership Plan (ESOP)—a vehicle that has resulted in the company becoming 100% employee-owned. SWA expanded from a West Coast firm in the 1960s and ‘70s to a fully national and international firm by the 1980s and ‘90s. Our Los Angeles office is led by Ying-yu Hung, Managing Principal, and Gerdo Aquino, CEO & Principal. The LA office employs 50 professionals, 5 who are licensed landscape architects, 4 who are LEED AP/Green Associate, and 1 who is registered as SITES AP accredited. Firm-wide, SWA employs 230 professionals, 56 who are licensed landscape architects. SWA’s collaborative approach extends to our clients with whom we work and to colleagues with whom we explore new prototypes and new attitudes toward the man-made world. Our work has been recognized with more than 800 design awards, including the prestigious ASLA Landscape Architecture Firm Award (2005). Our design philosophy extends from a belief that any attempt to design or plan landscapes should be rooted in equal parts innovation, stewardship and sustainability. This philosophy includes the highest forms of communication in the representation of ideas and the management needed to execute those ideas. We do not have any history of failures or refusals to complete a contract. SWA Core Service Offerings The firm is structured to facilitate the role of landscape design, urban planning and urban design in developing memorable places that have clarity in function, identity and meaning. At the core of our practice is a passion for imaginative, solution-oriented design that balance the needs of natural and built environments with social, cultural, and economic objectives to create value for our clients and the communities our work supports. In addition to bringing strong aesthetic, functional, and social design ideas to each project undertaken by the firm, we are committed to integrating principles of environmental sustainability in all of our designs. Company Name SWA Group, Inc. Company Type California corporation FEIN: 94-1483448 Duns #054514052 (100% Employee Owned) Year Established 1957, 65 Years in business Los Angeles Studio 811 W 7th Street, 8 Fl California 90017 +1 213.236.9090 Primary Contact + Principal Project Manager Jeremy Klemic jklemic@swagroup.com 213-236-9090 Assistant Project Manager Ryan McKay rmckay@swagroup.com 213-236-9090 2005 ASLA Landscape Architecture Firm of the Year 2020 APA California Planning Firm Award of Excellence 394 10 I RFP 22-008 Hermosa Beach I SWA Landscape Architecture SWA provides complete landscape architectural services, including site planning, concept design, schematic design, design development, construction documentation and construction observation. We often provide our clients with continuing landscape design consultation after construction completion and can provide landscape management plans for their use. Urban Planning SWA has extensive experience producing comprehensive land use and master plans for large land areas. Because our work is land-based, we are able to create plans that sensitively make the best use of terrain, landform, natural systems, landscape, and urban spaces, and integrate those elements with the required infrastructure, buildings, and other improvements. We apply these same skills to projects involving the use and restoration of natural systems. Urban Design We offer master planning, preparation of design guidelines, and full design services for urban projects. These urban design and planning services can be applied to entire districts, as well as street and infrastructure systems, public parks and plaza spaces, waterfronts, and the smallest of urban areas. We are skilled at addressing both the redevelopment of an urban area, including infill development and land use changes, as well as the design of new and re-imagined urban environments. Sub-consultant Management SWA typically seeks sub-consultant services for the following specialties. We have experience working with specializations including: architecture, civil engineering, structural engineering, irrigation engineering, lighting, environmental engineering, soil and geologic testing, survey, water fountain and feature designers, horticulturists, historic renovation and restoration specialties. Defining Characteristics SWA’s design approach integrates connective systems of open space and built forms to establish frameworks for well-connected and memorable places. We believe that a successful design project builds upon its context while exploring the unique qualities of place. Our deep commitment to building extraordinary projects — places that are beautiful, sustainable and enduring — inspires a visionary yet realizable approach, one that is global in perspective yet finely tuned to the special character of the community and local context. Some of SWA’s key characteristics, and overarching objectives, that define our practice include the following attributes. Inspired Placemaking Our team’s ability to provide elegant, artful form-giving distinguishes it from teams more focused on policy and technical issues. Our planners offer high level skills in policy-making, community outreach, and programming — with the added advantage of premier skills in conceptual design and the ability to test ideas with a quick sketch or diagram. The goal is simple: create more livable, attractive, and sustainable places. But that’s where the simplicity ends. Every place and client are different. So, too, are the forms and possibilities that transform a blank, underutilized, or damaged site into a viable place of commerce and urban life, or establish a permanent green space with a healthy ecosystem at its heart. Once our team is steeped in the characteristics of a project site, we roll up our sleeves and aim for the physical design idea that determines the shape and character of detailed work to follow. The process requires both technical problem- solving and art. We work at all scales, considering the realities of cost, land values, phasing, and infrastructure without forgetting to make something beautiful along the way. Function and beauty are not mutually exclusive — and we are not afraid to express ourselves, to search for solutions that blend science and art. Revitalization and Reuse As skilled urban designers and planners we have experience working with entire downtown districts, as well as street systems, city blocks, public parks and plaza spaces, waterfronts, and recreational facilities. Revitalization of under-utilized open space is essential to sustaining social, cultural, and civic activities in our cities and regions. This experience has built a proven reputation for bringing challenging assignments to fruition with the ability to integrate multiple concerns – environmental, economic, community – with a strong vision for the ultimate form and function of the project. 395 SWA l RFP 22-008 Hermosa Beach I 11 Implementation Our team’s strong philosophical commitment to planning, designing, and implementing quality projects offers several advantages. As experienced planners, architects, engineers and landscape architects, we offer the ability to understand the breadth of the entire project and the elements essential to successful realization of the overall design concept. SWA’s field department insures that projects are built to consistently high standards. Besides forming the backbone of the construction observation team, members of the field department are brought on to the team early, and for this project will be a key player throughout development of the Concept Plan. Being part of the evolution of a design concept, they can review design development and construction drawings for constructability and design flaws and make more effective and knowledgeable decisions in the field while retaining the integrity of the original design intent. Quality Control First, we consider decision making a continuous, interactive process with the Client and the entire Project Team. We update the Client at frequent progress meetings where we assist in setting agendas, frame required decisions, and maintain meeting notes on decisions and directions relevant to our work. Communication is key, and we maintain a continuous and consistent communication structure through the Project Manager. Development of consensus is achieved through periodic meetings, clear definition of alternatives and the cost involved, and strict adherence to the project schedule. The second factor is the use of timely, accurate project information and the use of available technology for information exchange with the Client and the entire Project Team. Schedules and project budgets are continuously monitored and updated throughout the project. The third factor is the involvement throughout the project of experienced Principals and Staff. The Project Manager is responsible for regular in-house review of all information and deliverables. In addition to review by the Project Manager, the Senior Principal periodically reviews all design and planning projects. SWA maintains in-house, field construction personnel who review all landscape cost estimates and budgets. Our experience in controlling project labor and construction costs comes from our long history of working with cost conscious clients and construction managers. Cost and Schedule Control SWA maintains an internal system of checks and balances to insure the quality of finished products and to ensure that client expectations are met at every phase of a project – from concept to punch list. Every project is assigned a Principal-in-Charge whose primary responsibility is to provide overall leadership and experience. SWA takes quality seriously and to that end, assures the commitment of the Principal-in-Charge throughout the entire duration of the contract. To that extent, clients tell us that when they hire SWA, they are not just getting one principal, but 30 of them. This speaks directly to how SWA shares resources and knowledge to the benefit of the overall quality, thoroughness, and control of the process and documentation. 396 12 I RFP 22-008 Hermosa Beach I SWA SWA Firmwide Organizational Chart Board of Directors * Senior Managerial Personnel ** Secondary Managerial Personnel / Primary Technical Personnel Employee Stock Ownership Plan (ESOP) Executive Committee Managing Principals Kinder Baumgardner** Houston Chuck McDaniel** Dallas Joe Runco** Sausalito Rene Bihan** San Francisco Sean O’Malley** Laguna Beach Ying-Yu Hung** Los Angeles David Thompson** Shanghai Thomas Balsley** New York CEO Gerdo Aquino CFO Scott Cooper* Principals, Associates & Staff in the 8 studio locations 397 SWA l RFP 22-008 Hermosa Beach I 13 Firm Data Firm Name: SWA Group Year Established: 1957 (61 years, 2018) Year Incorporated: March 23, 1960 Place of Incorporation: California Number of Years under Current Name (1975): 43 Type of Company: Corporation Ownership Type: Corporation Firm Leadership Co-CEO: Gerdo Aquino & David Thompson CFO: Raymond Siu Firm Locations Number of Offices: 8 Office Locations: Los Angeles (CA), Sausalito (CA), San Francisco (CA), Laguna Beach (CA), Dallas (TX), Houston (TX), Shanghai (China), New York City (NY), Firm-wide Certifications and Licenses Total Number of Employees: 230 Number of Employees Licensed as Landscape Architects: 56 Number of Employees Licensed as AIA (American Institute of Architects): 1 Number of Employees Licensed as AICP (American Institute of City Planning): 3 Number of Employees Certified as Arborists: 2 Number of Employees Accredited with LEED AP status: 19 Number of Employees Accredited with SITES AP status: 1 Los Angeles Gerdo Aquino CEO / Principal 811 West 7th Street 8th Floor Los Angeles, CA 90017 +1.213.236.9090 gaquino@swagroup.com www.swagroup.com for y of Po - mona RFQ No. 2017- 08 Spe- cial Cat- egory Code B-11: 398 399 Project Understanding & Approach to Scope of Work 400 16 I RFP 22-008 Hermosa Beach I SWACulver Boulevard Realignment 401 SWA l RFP 22-008 Hermosa Beach I 17 Project Understanding Through our experience completing the feasibility study, the SWA team recommends that it is technically feasible to renovate the Greenbelt to be an accessible ADA path with decomposed granite. For this initial pilot project between Pier Avenue and 8th Street, the redesign includes reconstructing existing curb ramps to meet ADA standards, enhancements to a crosswalk connecting to the City’s Clark Building, and any necessary modifications to irrigation lines adjacent to the pathway. The SWA recognizes that the design shall incorporate the following goals and considerations: • Design an accessible pedestrian trail with decomposed granite (DG) on the Greenbelt between Pier Avenue and 8th Street and ensure the design meets latest ADA standards. The current path on the Greenbelt is composed of woodchips, which are to be removed and replaced with DG. • Design is to include grading of the DG path for not only ADA compliance but for proper drainage for improved maintenance. • Design is to include irrigation adjustments as necessary to retain the integrity of the DG path, minimize maintenance, and ensure proper irrigation to adjacent plantings. City has PDF of irrigation plans but may need to be updated. • Design is to include any necessary drainage improvements to help maintain and preserve the DG path. • Design is to include careful consideration of existing trees and how they may be affected during construction. • Design is to include reconstruction of any non-ADA compliant curb ramps on the portion of the Greenbelt and connection of the DG accessible pedestrian trail to the curb ramps. • Design is to include improvements and modifications to the adjacent parking lot for additional ADA parking. • Design is to include improvements to the crossing from adjacent parking lot to the City’s Clark building. Project Understanding 402 18 I RFP 22-008 Hermosa Beach I SWA Drought Tolerant Planting at Palisades Park, Santa Monica Approach to Work Program (Required and Optional Tasks) Phase 1 – Design Task 1 – Design and Construction Documents SWA to prepare final design package and construction documents. This effort shall include: A. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in AutoCAD Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. B. Conduct all necessary supporting studies and investigations (e.g., topographic survey, as-built drawings, existing irrigation layout, etc.). C. Complete the design of project including plans, specifications, and engineer’s construction cost estimate. SWA shall contact manufacturers and/or contractors to verify the engineer’s estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the SWA. D. The design of the project shall be prepared in accordance with all appropriate standards, as applicable, including but not limited to City of Hermosa Beach Standard Plans and the Standard Specifications for Public Works Construction, Caltrans, 2014 ABA Guidelines for Outdoor Developed Areas, 2010 ADA Standards for Accessible Design, etc. E. All original plan sheets, calculations, and reports shall be signed and stamped by Ying-yu Hung, FASLA of SWA, a licensed professional landscape architect, in responsible-charge of the project. These signed originals will then become the property of the City. F. SWA shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job-related correspondence and memoranda dated and received 403 SWA l RFP 22-008 Hermosa Beach I 19 by affected persons and then bound in appropriate job files. G. All electronic files, databases generated, spreadsheets and intellectual properties developed during the life of the Agreement shall become the property of the City. Deliverables: • Land survey (PDF and CAD); • Plans, Specification, and Estimate (30%, 60%, 90%, and 100%) in electronic (PDF andCAD) and 3 hard copies; any necessary supporting studies. Task 2 – Meeting Attendance and Support SWAshall attend and participate in meetings and conference calls as necessary to complete the project and provide materials to facilitate communications with the public. • Project kick-off meeting; • Attendance at up to two public meetings (one Parks and Recreation Commission Meeting and one Public Works Commission Meeting); • Team conference calls as needed; and • Preparation of presentation materials, including but not limited to an illustrative drawing that can be posted on the City’s website and presented at Commission meetings to provide an update on the project. Deliverables: • Kick offmeeting agenda, • meeting notes as needed, • presentation materials in support of public meetings, and illustrative drawing of the final design. Schematic Design - 30% Design The purpose of this task is to establish the schematic landscape design concept for the Greenbelt based upon preliminary programmatic elements and site survey information that has been previously established. Process - As part of this task, SWA will: A. Attend and participate in kick-off meetings, scoping meeting, design charrettes. B. Analyze applicable codes and ordinances to develop compliant design drawings, which include, but are not limited to: • PLAN Hermosa (adopted August 2017) • Greenbelt Feasibility Study for ADA Accessibility by SWA • Zoning requirements • Easements • Ingress/egress requirements • Parking requirements • Existing conditions investigation • Other site constraints C. Huitt-Zollars will conduct a topographic and boundary survey and coordinate other base data to be provided by the City. SWA shall investigate and obtain any required information as part of their services if as-builts are not available or existing conditions are unknown. D. Assess impact to existing trees and planting; SWA will consult Huitt-Zollars survey to make sure the new design will have minimum impact on the existing planting of the scope area. E. Prepare schematic design documents including, but not limited to: site plan, sections, elevations, color perspective sketches/renderings, and preliminary selection of landscape and irrigation systems, planting, and construction materials. F. Cumming will prepare a preliminary construction estimate with breakdown of cost per item of work and per design option. G. Attend one Parks and Recreation Commission Meeting and one Public Works Commission meeting and provide all submittals, presentation materials, and material boards as required to secure recommendations from and approval of the design by the commissions. Additional sub-tasks that may be related to Schematic Design, per SWA’s experience: 1. (If not done previously) Visit and photograph the site and surrounding area as necessary to establish the character and quality of the development; 2. (If not done previously) Review information provided by the City including, but not limited to, the Master Plan for the surrounding area, the development program, proposed site plan, and architectural plans; 404 20 I RFP 22-008 Hermosa Beach I SWA 3. (If not done previously) Meet with the City to discuss the City’s program, SWA’s limit-of-work and the project schedule; 4. Prepare Schematic Landscape Base Sheets in SWA’s standard format; Note: City will provide SWA with base sheets drawn to scale which contain information requested by SWA. Such information may include, but is not necessarily limited to the following: • Property lines; • Curb and gutter location; • Subsurface drain locations; • Utility base information; • Building setback lines; • Building footprints (where appropriate); • Engineer’s grading, including contour lines and spot elevations. Note: Base sheets provided in digital format will be in a form acceptable to SWA; refinement of digital base data may be considered an Additional Service. 5. Prepare Schematic Landscape Design Drawings which show the following information: • General layout of the DG pathway, entries, enhanced paving, parking areas, and planting areas; • Preliminary grading concepts for paved and unpaved landscape areas; • Location of entry signs. • Prepare Schematic Landscape Cross Sections and Elevations to show the basic landscape design intent; • Prepare a Schematic Landscape Image Presentation which includes photographs and/or sketches which convey the general landscape design intent; • Present the Schematic Landscape Design materials to the City; revise (minor modifications), incorporating City recommended changes. Products - the results of this task will include the following: 1. Schematic Landscape Base Sheets; 2. Schematic Landscape Design Drawings; 3. Schematic Landscape Cross Sections and Elevations; 4. Schematic Landscape Image Presentation. Design Development Services (60%, 90% Drawings) The purpose of this task is to prepare complete Design Development Documents. The development of the design shall include the services of all disciplines necessary to complete the work including, but not limited to: landscape architectural, civil, and shall consist of, at a minimum, outline specifications, plans, elevations, sections and construction details clearly identifying materials and landscape/irrigation systems and describing the character and size of the Greenbelt. During this task SWA will refine the Schematic Landscape Design drawings to a point where preparation of Construction Documents may begin. Selection of materials, including plants, paving, and site furnishings, will occur during this task. Process - As part of this task, SWA will: 1. Prepare Design Development Base Sheets in SWA’s standard format; 2. Prepare Design Development Plans, Cross Sections and Elevations for pedestrian and special vehicular pavements, site furnishings and other site elements that are a part of the proposed landscape development and not a part of building structures; 3. Prepare Design Development Grading Plans for pedestrian paving and planting areas. This plan will be given to the Civil Engineer to be included in the civil engineer’s precise grading and drainage plan; 4. Prepare Design Development planting plans showing some of the existing plant locations and species; 5. Select landscape materials in consultation with City’s team, who will provide information regarding the practicality and availability of landscape materials; 6. Prepare landscape Design Development Details; 7. Coordinate SWA’s work with other consultants retained by the City, and review input and comments from City’s team; 8. Attend required meetings with the City to review and coordinate the work. Products - the results of this task will include the following: 405 SWA l RFP 22-008 Hermosa Beach I 21 1. Design Development Bases in SWA’s standard format; 2. Design Development Layout Plans; 3. Design Development Grading Plans; 4. Design Development Planting Plans; 5. Design Development Irrigation Plans; 6. Design Development Lighting Plans; 7. Design Development Details for landscape construction. Construction Documentation / Plan Check Review & Approval (100% Drawings) The purpose of this task is to review the landscape Construction Documents which are to be based on the Design Development drawings approved as part of the previous task. A. Prepare Final Construction Documents and Specifications including, but not limited to, drawings and specifications illustrating and describing in detail the requirements for construction of the Project. B. Update and provide final cost estimate. C. Prepare all permit applications and submit construction documents and required calculations for plan review. Address plan review comments and corrections. Re- submit construction documents as necessary until plan check review is complete and approval is obtained. D. Consultant shall have a thorough understanding of the City’s Plan Check process. The City may assist as necessary, however, it is the Consultant’s responsibility to lead the process, submit the plans for review, obtain and respond to planner comments, and secure all approvals of project documents. Process - As part of this task, SWA will: 1. Create construction documents for the project to review SWA’s final Construction Document Drawings and outline specifications; 2. Create documentation in conformance with SWA’s Construction Document Drawings and outline specifications; SWA’s services include review of the drawings and specifications at three points: • 50% complete; Pathway designs at Landmark II, Los Angeles, California. 406 22 I RFP 22-008 Hermosa Beach I SWA • 80% complete; • 100% complete; 3. Prepare written memorandum summarizing SWA’s comments; review with the City by telephone; 4. Attend meetings with the City to review the progress of the work. 5. SWA preps an coordination to compile consultant documentation for 50% CD drawings Review for consultant coordination 6. Meeting to review progress (50% CD) 7. Final Cost Estimate 8. On-going consultant coordination for the duration of the Construction documents, allow for weekly coordination conference calls. 9. Cover Sheet, Materials, Layout, Grading, Irrigation, Planting, Details, Civil Utility Improvement Plan. 10. Note: 100% Document to be provided for City submittal, and re-bid 11. Consultants to submit Final drawings To SWA 12. SWA submittal 1st City Submittal Permit 13. City review (one week) 14. Comment Review, Drawings Revision, and 2nd City Submittal for final Approval and permitting Products - the results of this task will include the following: 1. Written memoranda summarizing SWA’s comments at the 50%, 80% and 100% levels of construction document completion; 2. 100% CD & Specifications 3. Written comments on Construction Documents. Phase 2 – Construction Task 3 – Construction Phase The Consultant shall provide support services as needed during the bidding and construction phases of the project, including: A. SWA shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Upon award of the construction contract, the Consultant shall attend the pre-construction meeting. B. SWA shall review and approve all submittals as needed and shop plan drawings required supporting the construction contract. SWA shall complete shop drawings reviews within one (1) week of receipt. C. SWA shall respond to written Requests for Information (RFI) as needed to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. Upon the completion of construction, record drawings plans shall be submitted to the City. SWA shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of record drawings shall be submitted to the City in electronic format (AutoCAD and PDF formats properly labeled). Deliverables: • Preconstruction meeting agenda and minutes • Review of shop drawings • RFI submittal / responses • Final as-built records plans (AutoCAD and PDF). Bidding Services The purpose of this task is to facilitate the bidding process for final build out of the proposed design. A. Coordinate project documents. B. Attend pre-bid meeting and respond to questions/ clarifications. C. Prepare addenda as may be required during bidding or negotiation including supplementary drawings, specifications, instructions, and notice(s) of changes in the bidding schedule and procedure. D. Analyze alternates/substitution requests proposed by Bidders either prior to or subsequent to receipt of Bids. E. Respond to Bidders’ questions, RFI’s, written and electronic inquiries, and clarifications regarding the construction documents. F. Participate in bid evaluations and recommendations, if requested. Specific aspects of our practice include: 407 SWA l RFP 22-008 Hermosa Beach I 23 • The firm maintains a staff of Construction Administration professionals, referred to as the “Field Group”, to ensure that projects are delivered to our clients with the best design and construction quality possible. • The Field Group meets regularly to visit project sites and discuss construction techniques for special conditions. Each SWA maintains at least one Field Group member; the Sausalito office includes four. • We support quality control of built work by including Field Group personnel early in the design process for careful review of drawings and discussion of techniques and materials. Another effective tools for quality control is the requirement for “mock-ups”. We work with the contractor, prior to final placement, to strategize all issues related to the desired outcome. This process allows the client a preview of final placement as well as the ability for the contractor to refine efficiencies. • Lessons learned from complex built projects are shared with the entire design staff via in-house presentations, blogs and intranet; design staff participate in initial construction site visits with the Field Group. Construction Administration / Observation The purpose of this task is to help assure that the quality of the final project will satisfy the intent of SWA’s design. Process - As part of this task, SWA will: A. Attend pre-construction meeting. B. Review and approve submittals and planting before installation. C. Review applications/certificates for payment as necessary. D. Conduct field observation. E. Draft monthly construction observation report. F. Attend weekly construction coordination meetings. G. Prepare and distribute construction coordination meeting minutes within one week of meeting date. H. Respond to RFIs and review submittals for conformance to contract documents. SWA shall respond to submittal and shop drawings within 7 working days and within 3 working days for RFIs to the City’s Project Manager from the date documents are received from City staff, unless noted otherwise in the project documents. I. Provide updates on RFI and submittal review status at weekly meetings. J. Prepare/review change orders and change order requests. K. Provide monthly updates on change order review status. L. Review material/equipment substitution requests. M. Interpret contract documents and provide clarifications. N. Provide Landscape Architect’s supplementary instructions such as bulletins, drawings and/or details, as required to facilitate changes in the work as may be necessary, or where it is determined more information is needed to complete the work. O. Provide Certificate of Substantial Completion. P. Punch list project for final completion. Q. As-built project closeout documents received from Contractor. R. Provide Certificate of Final Completion. Products - the results of this task will include the following: The products of this task will include the following: 1. Written memorandum of SWA’s observations. 408 409 Project Management Plan 410 26 I RFP 22-008 Hermosa Beach I SWA Roles and Responsibilities of the City Staff / Project Management SWA shall work with the City’s Project Manager to perform project management activities and provide the full range of landscape architectural services including, but not limited to: coordinating and scheduling meetings to assess stakeholder/user needs; performing preliminary studies; determining required applications, reviews, permits, and bodies of approval necessary on a project per the City’s municipal code, developing and reviewing design options; managing the project schedule; defining detailed project scope of work; performing site visits; preparing project documents such as project specifications, plans, bid schedule, and cost estimates; providing 2D and 3D renderings; coordinating between all sub-consultants; and performing quality assurance checks and quality control of all project documents for accuracy, adherence to applicable codes, and completeness. Project Schedule Please see the below preliminary schedule. We anticipate this schedule to be reviewed upon project kick-off. We understand that the City would like to begin to contract in November 2022, with the anticipated construction advertisement to be issued with a 4 to 6 month period from the Notice To Proceed. Phase Timeline Notice to Proceed November 2022 Phase 1: Design November 2022 - May 2023 Task 1: Design & Construction Documents November 2022 - May 2023 Task 2: Meeting Attendance & Support Weekly / bi-weekly meetings as-needed Phase 2: Construction May 2023 - TBD Task 3: Construction Phase May 2023 - TBD Communications Approach Project Kick-Off Project Kick-Off Meeting and Communications - Clear lines of communication are established early as part of our detailed work plans to facilitate the efficient and effective flow/exchange of information. As part of the project initiation and kick-off, SWA’s Project Manager will monitor information transfer, making certain that all critical decisions are actionable with documented issues, responsibilities, and due dates are clearly communicated. • Kick-Off Meeting • Schedule and Milestone Verification • Information Transfer Regular Team Meetings We have found that the most effective tool for maintaining quality is ensuring regular communication and check-in points with the project team. Regularly scheduled project meetings provide an opportunity for the Client to review progress, provide necessary guidance for the advancement of each phase, and ensure project deliverables and key milestones are on track. These meetings will occur with the core project team and Client’s management team, and will often include other key department members with expertise on a specific scope area of discussion. • Meeting Minutes • Progress Meetings Written Progress Reports Written Progress Reports & Checklist - SWA will provide a checklist of deliverables and content at the conclusion of each phase of the project. These checklists ensure that all prerequisite decisions and issues have been addressed prior to initiating the next phase of the project, thus minimizing the need for rework due to untimely decisions. Throughout the Design Phases of the project, the city’s requirements as well as all relevant Standards, Codes and Ordinances are routinely referenced and verified. SWA reviews sub-consultants’ materials to verify that their documents indicate consistent and coordinated information meeting the program requirements. In addition, we require each sub-consultant Project Manager to perform checklist reviews of their work while coordinating with the other disciplines. The City’s comments are incorporated, and all documentation is confirmed at the conclusion of each step 411 SWA l RFP 22-008 Hermosa Beach I 27 – planning or design - prior to proceeding to the subsequent step. The reviewers have the authority to require the design team to revise work that does not meet the quality objectives of SWA and the City of Hermosa Beach. • Progress Reports • Project Checklists Issue/Risk Management The SWA Team manages a proven Issue/Risk Management process that fosters consistent and on-going communication between our team members throughout all phases of a project. Our Issue/Risk Management process also ensures the City’s program has been fully realized in our planning documents. A key component to SWA’s Issue/Risk Management program is the use of in-house peer review teams. Formal reviews are required for all projects of significant stature and are conducted at least 2 times during the life of the project. • Peer Reviews Quality Assurance / Quality Control Approach First, we consider decision making a continuous, interactive process with the Client and the entire Project Team. We update the Client at frequent progress meetings where we assist in setting agendas, frame required decisions, and maintain meeting notes on decisions and directions relevant to our work. Communication is key, and we maintain a continuous and consistent communication structure through the Project Manager. Development of consensus is achieved through periodic meetings, clear definition of alternatives and the cost involved, and strict adherence to the project schedule. The second factor is the use of timely, accurate project information and the use of available technology for information exchange with the Client and the entire Project Team. Schedules and project budgets are continuously monitored and updated throughout the project. The third factor is the involvement throughout the project of experienced Principals and Staff. The Project Manager is responsible for regular in-house review of all information and deliverables. In addition to review by the Project Manager, the Senior Principal periodically reviews all design and planning projects. SWA maintains in-house, field construction personnel who review all landscape cost estimates and budgets. Our experience in controlling project labor and construction costs comes from our long history of working with cost conscious clients and construction managers. Cost and Schedule Control SWA maintains an internal system of checks and balances to insure the quality of finished products and to ensure that client expectations are met at every phase of a project – from concept to punch list. Every project is assigned a Principal-in-Charge whose primary responsibility is to provide overall leadership and experience. SWA takes quality seriously and to that end, assures the commitment of the Principal-in-Charge throughout the entire duration of the contract. To that extent, clients tell us that when they hire SWA, they are not just getting one principal, but 30 of them. This speaks directly to how SWA shares resources and knowledge to the benefit of the overall quality, thoroughness, and control of the process and documentation. 412 28 I RFP 22-008 Hermosa Beach I SWA The Project Team The proposed team includes expert professionals with a passion for improving the public realm. Complementing this partnership is our successful track record of community- based design that brings invested vision to reality. Delivering a great design on time and on budget is a given. SWA will lead the team with the experience and know-how of a full-service landscape architectural and planning firm. SWA will act as prime consultant, coordinating communication with the client team, and directing the workflow and products of our team. We will make certain to clarify pertinent issues and promote open communication between the consultant team members and the City of Redondo Beach. Our sub-consultant team includes the following firms: • SWA (prime): Landscape Architecture, Project Management, Outreach • Huitt-Zollars: Civil Engineering, Survey • Cumming: Cost Estimation • Sweeney: Irrigation Design Huitt-Zollars The Huitt-Zollars survey group has multiple survey crews fully equipped with the latest equipment including GPS receivers, robotic total stations, and electronic data collectors. The office staff includes survey technicians well-versed in Microstation and Autocad drafting software, as well as various other software used for survey calculations and production of plats. Huitt-Zollars’ surveyors can provide boundary surveys, detailed topographic surveys for design, construction staking, and horizontal and vertical control. Cumming Cumming’s cost group is one of the largest providers of cost estimating and management services in the U.S., including the largest team of in-house cost estimators in the State of California. Cumming’s project experience includes the completion of assignments in support of architects, engineers, owners, and others. Specifically, Cumming has completed more than 1,200 projects for city- and county-operated facilities. These projects have involved parks, public spaces, city halls, civic centers, police/fire facilities, libraries, offices, community centers, animal shelters, transit centers, operations and maintenance facilities, and public works, among others. Sweeney Sweeney & Associates, Inc. is dedicated to water conservation through sound irrigation design, construction observations, and water management practices. Creating sustainable landscapes and the conservation of our water resources is a major consideration for the development community. As designers of irrigation systems, it is our responsibility to provide cost effective solutions to sustain the landscape while providing for effective water conservation. As a committed member of the design team, Sweeney & Associates, Inc. endeavors to provide the highest quality services that are delivered within project schedules and budgets. 413 SWA l RFP 22-008 Hermosa Beach I 29 Huitt-Zollars 555 W 5th St #2950 Los Angeles, CA 90013 310-820-4600 www.huitt-zollars.com SURVEY & CIVIL ENGINEERING Cumming Corporation 523 W. 6th Street, Suite 1001 Los Angeles, CA 90014 213.507.0293 www.ccorpusa.com COST ESTIMATION Sweeney 321 N Rampart St Orange, CA 92868 714-938-0456 www.sweeneyassoc.com IRRIGATION DESIGN CITY OF HERMOSA BEACH Landscape Architecture, Project Management, Outreach PRIME CONSULTANT SWA LOS ANGELES SUB-CONSULTANTS Ying-Yu Hung, PLA, FASLA Managing Principal Lead Landscape Architect / Principal-in-Charge Jeremy Klemic, PLA, ASLA Associate Principal Project Manager & Landscape Architect Ryan McKay Associate Assistant Project Manager & Designer Valerie Clarke Designer Landscape Design & Community Outreach Community Stakeholders Parks and Recreation Comm. Public Works Comm. Point-of-Contact Organizational Chart 414 415 Experience and Qualifications 416 32 I RFP 22-008 Hermosa Beach I SWA Summary of Relevant Projects South Park Irrigation, Hermosa Beach, California Start Date: Spring 2020 Completion Date: Spring 2021 Client: City of Hermosa Beach Project Manager: Jonathan Pascual, Hermosa Beach Project Description: Irrigation Assessment and Landscape Architecture Design for a public park in Hermosa Beach Contract Value: ~$30,000 SWA Project Manager: Jeremy Klemic and Ryan McKay SWA PIC: Ying-yu Hung Culver Blvd Median Park, Culver City, California Start Date: Spring 2020 Completion Date: Spring 2021 Client: City of Culver City Project Manager: Sol Blumenfeld (retired), City of Culver City Project Description: Landscape Architecture Design and Community Outreach for a linear park in downtown Culver City (along Culver Blvd). Contract Value: $120,000 SWA Project Manager: Jeremy Klemic and Roman Chiu SWA PIC: Ying-yu Hung City of Santa Monica North Beach Trail; Santa Monica, California Start Date: 2017 Completion Date: Completed 2021 Client: City of Santa Monica Project Manager: Linda Cogswell, Architectural Associate Project Description: Landscape Architecture Design, Permitting, Construction Administration & Observation for a beach trail along the Marvin Braude trail in Santa Monica SWA Project Manager: Jeremy Klemic SWA PIC: Ying-yu Hung Ricardo Lara Linear Park; Lynwood, California Start Date: Spring 2017 Completion Date: Winter 2017 Client: City of Lynwood Project Manager: Bruno Naulls, Sr Project Manager City of Lynwood, Community Development Department Project Description: Landscape Architecture Design, Permitting, Construction Administration & Observation for a linear park of about ~1 Mile in length along the I-105 freeway. SWA Project Manager: Jeremy Klemic SWA PIC: Ying-yu Hung Big Blue Bus Dog Park; Santa Monica, California Start Date: 2020 Completion Date: Ongoing Client: City of Santa Monica Project Manager: Linda Cogswell, Architectural Associate Project Description: Landscape Architecture Design, Permitting, Construction Administration & Observation for a dog park and other amenities for a linear parcel along the Big Blue Bus municipal maintenance yard in downtown Santa Monica. SWA Project Manager: Jeremy Klemic and Ryan McKay SWA PIC: Ying-yu Hung Milton Street Park, Los Angeles, CA Start Date: Spring 2008 Completion Date: Spring 2012 Project Manager: Brian Baldauf & Sarah Rascon Urban Park Projects & Watershed Planning Division Mountains Recreation and Conservation Authority Project Description: Landscape Architecture Design, Permitting, Construction Administration & Observation for a linear park along the Ballona Creek in Los Angeles (near Marina del Rey). SWA Project Manager: Jeremy Klemic and Ryan McKay SWA PIC: Ying-yu Hung 417 SWA l RFP 22-008 Hermosa Beach I 33 References City of Santa Monica North Beach Trail; Santa Monica, California Client: City of Santa Monica Project Manager: Linda Cogswell, Architectural Associate City of Santa Monica, Architecture Services Division 1685 Main St, Mail Stop 15 Santa Monica, CA 90401 310.458.2205 x8728 D | 310.429.6491 C | Linda.Cogswell@SMGOV.NET Services: Landscape Architecture Design, Permitting, Construction Administration & Observation Start Date: 2017 Completion Date: Completed 2021 Hermosa Beach - South Park Irrigation, Hermosa Beach, California Client: City of Hermosa Beach Project Manager: Jonathan Pascual City of Hermosa Beach Public Works 555 6th St., Hermosa Beach, CA 90254 310.318.0214 jpascual@hermosabeach.gov Services: Irrigation Assessment, Landscape Architecture Design Start Date: Spring 2020 Completion Date: Spring 2021 Burton W. Chace Park; Marina del Rey, California Client: Los Angeles County Public Works Project Manager: James Bazinet Los Angeles County 900 South Fremont Street Alhambra, California 91803 (626) 300-2361 | jbazinet@dpw.lacounty.gov Services: Landscape Architecture Design Start Date: Summer 2020 Completion Date: Ongoing Central Park & Paseo; Glendale, California Client: City of Glendale Project Manager: Mark Berry, Principal Development Officer City of Glendale Community Development Department 633 E. Broadway, #201 Glendale, CA 91206 (818) 548-2005 | mberry@glendaleca.gov Services: Landscape Architecture Design, Community Outreach Start Date: Spring 2017 Completion Date: Spring 2019 Polliwog Park Playground; Manhattan Beach California Client: City of Manhattan Beach Public Works Project Manager: Harvey Gobas, Senior Engineer 3621 Bell Avenue Manhattan Beach, California 90266 T: (310) 802-5353 Services: Landscape Architecture Design, Permitting, Construction Administration & Observation Start Date: Spring 2020 Completion Date: Ongoing Canyon Country Community Center; Santa Clarita, California Client: Gonzalez Goodale Architects Project Manager: Mary Wu, AIA, Associate Principal 135 West Green St. #200 Pasadena, CA 91105 (626) 568-1428 Ext. 207 | info@ggarch.com Services: Landscape Architecture Design, Permitting, Construction Administration & Observation Start Date: Winter 2016 Completion Date: Fall 2021 Glendale Sports Complex, Glendale, CA. Client: City of Glendale Project Manager: Peter Vierheilig, Community Services & Parks PVierheilig@GlendaleCa.gov | 818-548-2000 City of Glendale Community Services & Parks 613 E Broadway, Glendale, CA 91206 Services: Landscape Architecture Design, Permitting, Construction Administration & Observation Start Date: Spring 2020 Completion Date: Fall 2022 418 34 I RFP 22-008 Hermosa Beach I SWASanta Monica N Beach Trail 419 SWA l RFP 22-008 Hermosa Beach I 35 Huitt-Zollars 555 W 5th St #2950 Los Angeles, CA 90013 310-820-4600 www.huitt-zollars.com SURVEY & CIVIL ENGINEERING Cumming Corporation 523 W. 6th Street, Suite 1001 Los Angeles, CA 90014 213.507.0293 www.ccorpusa.com COST ESTIMATION Sweeney 321 N Rampart St Orange, CA 92868 714-938-0456 www.sweeneyassoc.com IRRIGATION DESIGN CITY OF HERMOSA BEACH Landscape Architecture, Project Management, Outreach PRIME CONSULTANT SWA LOS ANGELES SUB-CONSULTANTS Ying-Yu Hung, PLA, FASLA Managing Principal Lead Landscape Architect / Principal-in-Charge Jeremy Klemic, PLA, ASLA Associate Principal Project Manager & Technical Specialist Ryan McKay Associate Assistant Project Manager & Designer Valerie Clarke Designer Landscape Design & Community Outreach Community Stakeholders Parks and Recreation Comm. Public Works Comm. Point-of-Contact Organizational Chart 420 36 I RFP 22-008 Hermosa Beach I SWA Education Master of Landscape Architecture, Harvard University, Graduate School of Design, 1994 Bachelor of Arts, with honors, Architecture; University of California, Berkeley, 1990 Registrations Registered Landscape Architect: #4374, California Professional Affiliations Fellow, American Society of Landscape Architects (ASLA) Select Awards ASLA Southern California Chapter Merit Award, North Beach Trail, Santa Monica, CA, Design, 2021. ASLA Award of Excellence, Ricardo Lara Park, Lynwood, CA, 2021. ULI Community Impact Award, Ricardo Lara Park, Lynwood, CA, Design, 2018. ASLA Southern California Chapter Honor Award, Ricardo Lara Park, Lynwood, CA, Design, 2018. ASLA Southern California Chapter Merit Award, Milton Street Park, Los Angeles, CA, Design, 2016. Ying-yu Hung, PLA, FASLA MANAGING PRINCIPAL, SWA ROLE: PRINCIPAL-IN-CHARGE Public parks in and around Los Angeles are of particular interest to Ms. Hung, as they have a direct impact in improving the quality of life, particularly in growing neighborhoods with young families with children. Her particular expertise in creating linear parks in former right-of-ways or derelict parcels, layered with recreational amenities and water conservation design are noteworthy for their transformative and visionary approach to place-making. Through every design project during her 25 years of practice, Ms. Hung investigates the desires and needs of the project’s ultimate stakeholders in order to ensure a final outcome that encourages the community to be both users and stewards of the public space. Representative Projects: King Harbor Public Amenities Master Plan, Redondo Beach, California. Burton Chace Park, Marina del Rey, California. Santa Monica North Beach Trail, Santa Monica, California. City of Santa Monica; Petanque Park, Palisades Park, Chain Reaction Park, Public Safety Facility, Reed Park, Santa Monica, California. Polliwog Park, Manhattan Beach, California. Ballona Creek Vision Plan, Culver City, California. Milton Street Park, Los Angeles, California. Central Park Vision and Concept Design, Glendale, California. Glendale Western Reservoir, Glendale, California. Ricardo Lara Linear Park, Lynwood, California. Puente Creek Bikeway, Los Angeles, California. Eaton Wash Bike Path Phase I, Los Angeles, California. Glendale Sports Complex, Glendale, California. Reseda Park on the LA River, Los Angeles, California. Natural Park at Ramona Gardens, Los Angeles, California. Bohnett Park Renovation, Santa Barbara, California. West Beach Splash Playground, Santa Barbara, California. Highland Park Streetscape Design, Los Angeles, California. Bicentennial Park, Hawthorne, California. Reed Park Updates, Santa Monica, California. Chain Reaction Park, Santa Monica, California. San Jacinto Plaza, El Paso, Texas. 421 SWA l RFP 22-008 Hermosa Beach I 37 Education University of California Los Angeles, UCLA Extension Landscape Architecture Program, 2006 University of California San Diego, Bachelors Degree in Urban Studies and Planning, 1999 Registrations Registered Landscape Architect: #6187, California Professional Affiliations/ Recognition Member, American Society of Landscape Architects LEED Certified Projects UCLA Hitch Suites & Commons - Platinum Waldorf Astoria - Gold CSULB Hillside Dining - Gold CSULB Liberal Arts - Gold Samsung Americas HQ - Silver Awards ASLA Southern California Chapter Merit Award, North Beach Trail, Santa Monica, CA, Design, 2021. Los Angeels Business Council, Mixed Use Award: Culver Steps, Culver City California, 2020 Jeremy Klemic, PLA, ASLA ASSOCIATE PRINCIPAL, SWA ROLE: PROJECT MANAGER / TECHNICAL SPECIALIST Jeremy Klemic is a Landscape Architect and Project Manager with over 20 years of experience in the field. Prior to joining SWA in 2011, he provided Landscape Design and Construction Administration services for several award-winning landscape architecture firms. At SWA, Mr. Klemic has been responsible for management and production for a number of award-winning projects in the United States and internationally. These include multiple civic, higher education, hospitality, and resort renovation projects. His construction experience, attention to detail and scheduling expertise help to ensure that projects are thoughtfully designed, completed on time, and within budget. Representative Projects: King Harbor Public Amenities Master Plan, Redondo Beach, California. Burton Chace Park, Marina del Rey, California. Santa Monica North Beach Trail, Santa Monica, California. City of Santa Monica; Petanque Park, Palisades Park, Chain Reaction Park, Public Safety Facility, Reed Park, Santa Monica, California. Milton Street Park; Los Angeles, California. Glendale Western Reservoir, Glendale, California. Glendale Sports Complex, Glendale, California. Palisades Petanque Courts, Santa Monca, California. Polliwog Park, Manhattan Beach, California. Puente Creek Bikeway, Los Angeles, California. Eaton Wash Bike Path Phase I, Los Angeles, California. City of Thousand Oaks Demonstration Medians, Thousand Oaks, California. Canyon Country Community Center, Canyon Country, California. City of Thousand Oaks; Forestry Master Plan, Thousand Oaks, California. Glendale Galleria Brand Blvd Valet and Central Plaza; Glendale, California. Culver Steps & Main Plaza, Culver City, California. Jeffrey Open Space; Irvine, California. Community Outreach Experience: King Harbor Public Amenities Master Plan, Redondo Beach, California. City of Thousand Oaks; Forestry Master Plan, Thousand Oaks, California. Glendale Western Reservoir, Glendale, California. Santa Monica North Beach Trail, Santa Monica, California. 422 38 I RFP 22-008 Hermosa Beach I SWA Education Bachelors of Landscape Architecture, California Polytechnic State University, San Luis Obispo, 2017 Professional Affiliations/ Recognition Member, American Society of Landscape Architects Awards Honor Award, ASLA, 2017 Ryan McKay ASSOCIATE, SWA ROLE: ASSISTANT PROJECT MANAGER / LANDSCAPE DESIGNER Ryan McKay joined SWA in May of 2020 and has 5+ years of experience practicing landscape architecture within Southern California. Inspired by the intersection of community and natural environment needs, Ryan has been fortunate to work with many public agencies, private institutions and developers to curate spaces that seamlessly weave these two together. His work includes a range of place-making and planning projects from intimate city parks to large scale campus designs. At SWA, Ryan has been responsible for managing California based projects, assisting with concept design, development of construction documents and utilizing his construction knowledge to ensure a high-quality project from start of design to construction completion. Ryan has been the project manager of the Hermosa Beach on-call contract including the Greenbelt Feasibility Study from earlier this year. Representative Projects: Greenbelt Feasibility Study, Hermosa Beach, California. South Park Renovation, Hermosa Beach, California. Oceanwide Plaza, Los Angeles, California. Canyon Country Community Center, Santa Clarita, California. Petanque Courts Re-purposing, Santa Monica, California. Santa Monica Tongva Improvements, Santa Monica, California. Glendale Sports Complex, Glendale, California. Glendale Western Reservoir, Glendale, California. South Park Renovation, Hermosa Beach, California Hermosa Beach Greenbelt, Hermosa Beach, California. Warner Center, Woodland Hills, California City of Signal Hill Street Tree Master Plan, California Lynwood Park Infiltration, Lynwood, California. Polliwog Park, Manhattan Beach, California. 7th Street Fence Upgrade and Activation, Santa Monica, California. CSULB Handrail Guidelines Project, CSU Long Beach, California. Union Street Mall, Honolulu, Hawaii. CSULB Hillside College Renovation, CSU Long Beach, California. CSULB Friendship Walk, CSU Long Beach, California. CSULB Bouton Creek, CSU Long Beach, California. Pacific Plaza, Santa Monica, California. 10866 Wilshire Blvd, Los Angeles, California. 423 SWA l RFP 22-008 Hermosa Beach I 39 Education Masters In Landscape Architecture, Illinois Institute of Technology, 2019 Bachelors In Urban and Regional Planning University of Illinois Champaign, 2012 Professional Affiliations American Society of Landscape Architects (ASLA) Member, American Planning Association (APA) Recognition Illinois ASLA Student Honor Award (2019) Olmsted Scholar Nominee (2019) Illinois Landscape Contractors Association Scholarship (2018) Commercial Real Estate Executive Women in Chicago Scholarship (2018) Volunteering COVID-19 Emergency Schoolyard Design Volunteer Strides in Recovery Coach Valerie Clarke DESIGNER, SWA LOS ANGELES ROLE: LANDSCAPE DESIGN & OUTREACH Since joining the SWA team in 2019, Valerie has devoted her time to a variety of scopes and geographies from a progressive design build university project in southern California to a conceptual mixed-use master plan in Michigan. She holds a master’s degree in Landscape Architecture and Urbanism and a bachelor’s degree in Urban and Regional Planning. Utilizing over five years of prior planning experience in site assessment and spatial analytics, she begins each design with a thorough analysis. She values community input and synthesizing data to inform design. She is inspired by local art and worldly travel which helps drive her design process and goals to deliver both aesthetic and resilient landscapes. Valerie is in the process of completing her landscape architecture licensure. Representative Projects: King Harbor Public Amenities Plan, Redondo Beach, California. Baldwin Hills Reservoir Restoration Plan: Los Angeles, California. UCSD Theatre District Living & Learning Neighborhood (Design-Build): San Diego, California. CSU Long Beach 2030 Master Plan: Long Beach, California. Lakeside Mall Conceptual Master Plan: Sterling Heights, Michigan. Yorba Linda Temple Project: Yorba Linda, California. Modesto Temple Project: Modesto, California. Manassas Mall Conceptual Master Plan: Manassas, Virginia. Lake Forest Mixed-Use Planning Development: Lake Forest, California. Community Outreach Experience: King Harbor Public Amenities Plan, Redondo Beach, California. Baldwin Hills Reservoir Restoration Plan: Los Angeles, California. 424 40 I RFP 22-008 Hermosa Beach I SWA Registrations Professional Land Surveyor: 1999/Washington/#35977 2014/Certified Federal Surveyor/#1615 2016/California Professional Land Surveyor/ #9305 Professional Associations California Land Surveyors Association Jeffrey J. Lenherr CfedS, PLSP SURVEY MANAGER, HUITT-ZOLLARS Jeff Lenherr is a Licensed Land Surveyor in California and Washington State. He is also one of a select few Land Surveyors in the United States to hold a Certified Federal Surveyor Certificate. He owned and operated his own Land Surveying Company for 15 years prior to joining Huitt-Zollars in 2014. He has the experience to take a project from start to finish with minimal oversight, resulting in lower costs and on-time deliveries. He has extensive experience in map preparation and review, geodetic control, right-of-way mapping, topographic mapping, lot line adjustments, subdivisions, legal description preparation, construction staking, Global Positioning Systems, and field procedures. Representative Projects: On-Call Surveying Services – City of Downey Department of Public Works Lenherr is the Project Manager for this on-call project. Huitt-Zollars has been working for the City of Downey for more that the last five years providing On-Call Surveying Services for projects including: On-Call Surveying/Engineering Services– Santa Ana California Reference: John Gonzales | City of Santa Ana | 714.647.5033 Lenherr is the Project Manager for this on-call project which consists of monumentation, topographic mapping, and horizontal/vertical control. Huitt- Zollars has performed numerous construction staking, legal description preparation, topographic mapping, monument ties and map checking services under this contract. On-Call Surveying/Engineering Services– Santa Fe Springs California Reference: Robert Garcia | City of Santa Fe Springs | 562.868.0511 Lenherr is the Project Manager for this on-call project which consists of all surveying services. Huitt-Zollars has performed numerous Legal Description preparation, topographic mapping and map checking services under this contract. On-Call Surveying Services Orange County California Reference: Lisa Alviso | Orange County Transportation Authority | 714.560.5738 Lenherr is the Project Manager for this on-call project which consists of boundary surveys, boundary analysis, determination of existing freeway right-of-way lines and adjacent property lines, preparation of appraisal maps and right-of-way mapping, legal descriptions for right-of-way acquisition and the preparation of Records of Survey for that portion of the Garden Grove Freeway from Lewis Street to Main Street (approximately 2 miles). 425 SWA l RFP 22-008 Hermosa Beach I 41 Education B.S. Geological Sciences San Diego State University, San Diego, California Registrations Licensed Irrigator, Texas Commission on Environmental Quality, Texas LI No. 12361; Active since 2002 Professional Member of the American Society of Irrigation Consultants Certified Irrigation Auditor since 1991 Lance Sweeney FOUNDER AND CEO, SWEENEY & ASSOCIATES Lance Sweeney, a professional member of the American Society of Irrigation Consultants (ASIC) and Texas Licensed Irrigator, founded the firm in 1990. His 43 years in the landscape industry has included design, installation and maintenance. Lance is a strong proponent of water conservation and has been a certified water auditor since 1991. His experience includes the design and coordination of substantial projects throughout the world including the United States, Saudi Arabia, Egypt, the United Arab Emirates and China. Lance’s key responsibilities within the organization include coordination and design of large-scale irrigation systems, detailed water use estimates, master planning, written specifications, submittal reviews, as well as construction observations. Lance is president of the firm and oversees the business development and sales for the company. He is often requested as a speaker at landscape related seminars on topics of hydrozoning, alternative water sources and efficient irrigation design. The Getty Center, Los Angeles, California, USA Irrigation design services for the 55-acre museum campus including the design of the master water system, irrigation system, and central control system. The project incorporates substantial drip irrigation systems for the complex planting areas of the building. Services included complete site observations during construction. Al Ain Wildlife Park & Resort, Al Ain, U.A.E. Irrigation design services for the 960-hectare project including new zoo facilities, entry monument, roadways, and safaris. Master planning of the irrigation water system was provided along with water source development including reuse of treated animal enclosure waste water. The design included drip irrigation, animal resistant irrigation methods, and a simulated falaj system. Cross Creek Ranch, Fulshear, Texas, USA Irrigation design services for this master planned community including the design of the master water system, irrigation system, and central control system. The project incorporates drip irrigation systems, temporary irrigation for wildlife habitats, and a master irrigation mainline system with five pump stations drawing water out of manmade lakes. Exxon Mobile Corporate Headquarters, Houston, Texas, USA Irrigation design services for campus including master water system, irrigation system, and a moisture sensor based, BMS Capable central control system. The project included drip irrigation systems for the complex planting areas of the building. Design included coordination with a water storage lake and pump station. 426 42 I RFP 22-008 Hermosa Beach I SWA Education Bachelor of Science, Civil Engineering - University of California at Berkeley Registrations Professional Civil Engineer: California #49830 Qualified California SWPPP Developer and Practitioner John Vlassis, PE, QSD/P SENIOR PROJECT MANAGER, HUITT-ZOLLARS John Vlassis has over 30 years of experience is site development engineering and project management for significant public and private developments throughout Los Angeles, Ventura and Kern Counties. Vlassis has been responsible for identifying strategic multi-disciplined projects to pursue and has a proven track record of winning many of these pursuits. As a Senior Project Manager, his responsibilities include supervision of all staff members and subconsultants for design of project improvement plans including rough and fine grading, street, sewer, storm drain, water, utility plans, retaining walls, LID and hydrology studies. Vlassis has successfully guided complex projects from entitlement through construction and has extensive experience with residential, commercial and industrial developments. Representative Projects: Glendale Sports Complex, Glendale, California. (w/ SWA) Glendale Westerm Reservoir Complex, Glendale, California. (w/ SWA) Polliwog Park, Manhattan Beach, California. (w/ SWA) Dronfield Avenue Reservoir Improvements Vlassis was responsible for design of grading, drainage and low impact development plans. Vlassis designed a low impact development infiltration system to treat the required stormwater volume for the new pavement surface areas. Commerce Center Drive Interchange, Santa Clarita, CA As Senior Project Manager, Vlassis was responsible for utility coordination and right of way services for this proposed interchange that is a joint effort between the County of Los Angeles and Newhall Land. Charged with identifying all existing utilities within the project limits, proposed relocations of these utilities, design of a sewer force main and sewer trunk interceptor line through the project and identification and resolution of any potential utility conflicts. Also included is coordination with utility providers for design of their utility plans which provide utility services through this project. Quemetco Industries, City of Industry, CA As a battery recycling company, Quemetco was under very close scrutiny from regulating agencies regarding their management of toxic waste. The client had a very strong desire to provide an all-inclusive solution to stormwater treatment. Working directly with the Client, Project Architect and the Project MEP consultant, I supervised design of a stormwater treatment solution that collected runoff from the entire site and using a system of pumps, force mains and a drainage discharge system, treating significantly more stormwater than the minimum treatment volumes required by the State. Vlassis provided a complete set of construction documents that incorporated the designs from the Project Subconsultants, and also managed coordination including proposals, contracting, invoicing, quality assurance/quality control and scheduling. 427 SWA l RFP 22-008 Hermosa Beach I 43 Education Master of Public Administration - California State University at Northridge Bachelor of Science, Civil Engineering - University of California at Berkeley Registrations & Certifications Professional Civil Engineer: California #44665 Qualified California SWPPP Developer and Practitioner Kevin Carter, PE, MS, QSD/P PRINCIPAL-IN-CHARGE, HUITT-ZOLLARS Kevin Carter has 30 years of experience in civil engineering. Carter has managed, planned, designed, and supervised major public works projects including road alignments, parking lots, bridges and drainage facilities. He has developed section work plans, organized design team work schedules, assisted with budget preparation, managed consultants, contractors, and construction projects. Representative Projects: Glendale Sports Complex, Glendale, California. (w/ SWA) Glendale Westerm Reservoir Complex, Glendale, California. (w/ SWA) Polliwog Park, Manhattan Beach, California. (w/ SWA) Dronfield Avenue Reservoir Improvements: Carter is the Senior Project Manager for this Project responsible for preparation of grading, drainage and low impact development plans. These two below grade reservoir tanks required improvements to existing access roads that were unsafe for maintenance and delivery vehicles. The grading and pavement improvements will allow the maximum size vehicle to safely access and traverse the site. Proposed improvements include removal and replacement of existing asphalt pavement, the addition of a bypass lane to simplify site access and associated striping and utility adjustment. Huitt-Zollars also designed a low impact development infiltration system to treat the required stormwater volume for the new pavement surface areas. Canada Blvd Infrastructure Improvements and Honolulu Ave Rehabilitation – City of Glendale, California: Carter was the project manager for the design and construction of this $10,000,000 infrastructure improvement project. Work included Cold In-Place Recycling (CIR) of the existing pavement, rehabilitation of two storm drain systems, installation of a new storm drain system including dual sediment tanks and a vortex storm water separator, 25,000 linear feet of water main cleaning, lining and replacements, reconstruction of two side streets, slurry seal or cape seal of 12 adjacent side streets, modifications to 5 traffic signals, traffic striping and signage, and planting of 85 street trees. Glendale Avenue Wastewater Capacity Improvements and Rehabilitation Project –City of Glendale, California: Carter was the Senior Civil Engineering in charge of the design and construction of this $6,000,000 project on one of the busiest streets in Glendale. Work included Cold In-Place Recycling (CIR) of the existing pavement, upgrade of approximately one-half mile of sewer main, modification of 8 traffic signals and 8 rapid flashing beacon pedestrian crossings, traffic striping and signage, and planting of 50 street trees. Carter initiated the used of CIR reducing construction costs by approximately $400,000, eliminating approximately 800 construction truck trips, and reducing public inconvenience by reducing the construction period by over 4 weeks. Partially funded with HSIP and Tax Increment. 428 44 I RFP 22-008 Hermosa Beach I SWA The median park at center has two pathways, separately designed for pedestrians and bikes. The DG pathway is preferred by runners to reduce the impact of their exercise. 429 SWA l RFP 22-008 Hermosa Beach I 45 Culver Boulevard Median Park CULVER CITY, CALIFORNIA The Culver Boulevard Median Park has had many faces, from railroad right of way, freeway on ramp, to bike and pedestrian path. Today, the Median Park is being asked to do more. Introducing stormwater management below grade, SWA worked with the community to design for the intricacies of biodiversity, traffic, and multiple usergroups. SWA developed a sustainable, safe and usable green space for this neighborhood. Creating a network of trails, low water landscape, cultural nodes and safe pedestrian crossings, a mix of decomposed granite and asphalt path ways takes users through a journey telling the story of water. Ongoing with community meetings and input, SWA is working toward a vibrant, multilayered, community park. Aerial Drone Image Showing Scale of Equipment and Concrete Water Management Chambers (Photo Courtesy of Michael Baker) Client: City of Culver City Engineering Partner: Tetratech Size: 1 acre Schedule: 2018 - Ongoing Scope: Landscape Architecture Community Outreach Bikeway Design (Internal Only - Photo Courtesy of Michael Baker) 430 46 I RFP 22-008 Hermosa Beach I SWA 431 SWA l RFP 22-008 Hermosa Beach I 47 A decomposed granite trail, makes for a natural pathway through seasonal low water landscape. (Photo Courtesy of Michael Baker) 432 48 I RFP 22-008 Hermosa Beach I SWA Especially valuable during COVID, the added width allows for a more comfortable (and safe) experience for all users. 433 SWA l RFP 22-008 Hermosa Beach I 49 North Beach Trail (California Coastal Trail) SANTA MONICA, CALIFORNIA; SWA & ALTA PROJECT The Santa Monica beachfront is more popular than ever, a bustling scene of tourists, cyclists, skate boarders, roller bladers, and pedestrians experiencing the beach at varying speeds. The popularity of the North Beach Trail has raised the issue of safety hazards between beachgoers moving at various speeds, coming into conflict on the narrow walkways and bicycle lanes. SWA, in partnership with KPFF and ALTA, assisted the City of Santa Monica through the community outreach, design, and eventual construction of a better organized, safer, and therefore improved landscape experience for this important civic amenity. Recognizing the wide range of stakeholders, the team’s community outreach included support to the City through exhibits, interviews, and open houses. The team also conducted surveys to document the unique ways in which people used the existing trail, as well as on-site interviews to capture direct feedback from trail users about perceived safety issues and short- and long-term needs. The trail is popular with tourists, recreational cyclists and beach visitors who can maintain a safe distance with the newly separated pathways. Client: City of Santa Monica Size: 3 miles Schedule: 2016 - 2021 Scope: Landscape Architecture Community Outreach Sustainability Design Urban Design Agencies & Stakeholders: City of Santa Monica Architecture Service Division California Coastal Commission Santa Monica Design Review Commission Awards: SoCA ASLA Award of Merit, 2021 Graphic Design USA 2021 Award in the category of Environmental Graphics. Community Open House on the Beachfront. 434 50 I RFP 22-008 Hermosa Beach I SWA Distinctive artwork is visible upon approach by users at all speeds drawing attention to traffic crossings and intersections. 435 SWA l RFP 22-008 Hermosa Beach I 51 Custom concrete barriers inspired by the jagged forms of the Santa Monica Bluff separate recreational and pedestrian circulation. 436 52 I RFP 22-008 Hermosa Beach I SWA Arcadia Downtown Alley Alley 3A - Concept Rendering Base Improvement Diagram ALLEY 3B ALLEY 4B ALLEY 3A ALLEY 4A 437 SWA l RFP 22-008 Hermosa Beach I 53Arcadia Downtown Alley Arcadia Downtown Alley ARCADIA, CA The City of Arcadia’s Downtown Alley Improvement project aims to provide safe and attractive alleys for pedestrians, bicyclists, and automobiles to better serve its residents, businesses and transit riders. The City identified key alleys and a parking lot in walking distance from the Gold Line Station as candidates for enhancements. Located in the heart of the City of Arcadia, these alleyways currently function as vehicular circulation and access to parking for local businesses and homes. SWA provided alley design guidelines and elements organized into categories: the Alley Base Improvements (for every alley), and two Alley Design Alternatives – Nature and Art (for selection based on context). “Nature” alley recommendations focus on using natural resources and eco- conscious improvements to enhance the existing character of downtown Arcadia and promote micro-mobility and health. “Art” alley improvement recommendations aim to create an identity that emphasizes creativity and community activity in downtown Arcadia. Alley 2 - Concept Rendering Client: City of Arcadia development services Architect: N/A Size: 4 alleys approx. 1 Mile total Schedule: 2021 - Present Scope: Landscape Architecture Active Transportation Community Outreach Improving pedestrian and bicycle links in the heart of Arcadia 438 54 I RFP 22-008 Hermosa Beach I SWA Project components. Existing planting beds. Existing Site: 5th Street Fueling Station. Existing Site: Compacted ground. 439 SWA l RFP 22-008 Hermosa Beach I 55 Site area map. 7th Street Fencing Upgrade and Activation SANTA MONICA, CALIFORNIA Located at the edge of downtown Santa Monica, adjacent to multiple new housing complexes, the site is an underutilized landscape buffer at the edge of the Big Blue Bus Maintenance yard and headquarters. Adding program elements to the site, 7th street will be activated with a picnic area for future food trucks, four dog exercise areas (one small, two large and one injured/in-training exercise areas), a shared mobility hub and updated bus stop. Placemaking elements such as brightly colored signage, agility equipment and furnishings will compliment colorful hardscape, brining new life to 7th street and an active alighting area, to combat pedestrian safety concerns. Additional upgrades to Big Blue Bus security include automatic security gates and low landscape at the existing facility parking and 5th Street Fueling Station. Client: City of Santa Monica Size: 9,120 sf (landscape area) Schedule: April 2021 - On-Going Scope: Landscape Architecture Public Outreach Placemaking Construction Documents Dog exercise areas welcome expanding downtown community, food trucks and safer bus alighting area. 440 56 I RFP 22-008 Hermosa Beach I SWA The park serves as a community amenity that is a convenient rest stop for bikers and pedestrians alike on a new dg trail. 441 SWA l RFP 22-008 Hermosa Beach I 57 Milton is designed both as a sustainable recreational amenity and a stormwater detention and cleansing park. Client: MRCA (Mountains Recreation and Conservation Authority) Size: 1.2 acres Schedule: 2008 - 2016 Scope: Landscape Architecture Community Outreach Urban Design Funding: Baldwin Hills Conservancy Awards: ASLA Southern California Chapter Merit Award, Milton Street Park, Los Angeles, CA, Design, 2016. Agencies & Stakeholders: USACE LA County Flood Control District City of LA Bureau of Street Services Friends of the Ballona Wetlands Baldwin HIlls Conservancy Neighborhood stakeholders Milton Street Park LOS ANGELES, CALIFORNIA; SWA PROJECT SWA provided full landscape architectural design services for the Milton Street Park, a 1.2 acre linear urban park alongside the Ballona Creek Bike Trail on the westside of Los Angeles. The undeveloped parcel stretches over 1,000 feet in length (45 feet wide) and is linked on both ends by previously developed portions of the bike path. In conjunction with the Mountains Recreation and Conservation Authority (MRCA), SWA conducted three community meetings including a public charrette to ensure that the needs of the residents were acknowledged and addressed in the subsequent three design options. The completed park design, reached through community consensus, includes native plantings, bird watching platforms, bike trail enhancement, decomposed granite nature walking path seating areas and shade structures, on-site stormwater capture and treatment, as well as the creation of interpretative ecological habitat for birds, insects and reptiles. 442 58 I RFP 22-008 Hermosa Beach I SWA A newly installed ADA ramp and grand staircase enables recreational visitors to more easily access the Ballona Creek bike trail. Community partners included the Baldwin Hills Conservancy, Friends of Ballona Wetlands, MRCA, and various stakeholders. 443 SWA l RFP 22-008 Hermosa Beach I 59 Before Interventions, and After Interventions. Decomposed Granite trail with activated seating areas. 444 60 I RFP 22-008 Hermosa Beach I SWA The park is cherished by many and is used by visitors throughout the day. SWA proposed a series of strategic interventions and improvements to enhance the public realm. 445 SWA l RFP 22-008 Hermosa Beach I 61 Burton W. Chace Park MARINA DEL REY, CALIFORNIA; SWA PROJECT After four decades, Chace Park is in need of modernization and renovation to maintain its status as a cherished neighborhood amenity. The 10-acre parcel juts out into the main channel, offering one of the best views of the Harbor. The general improvement project encompasses a new entry gateway, splash pad, picnic shelters, water edge seatwall lounge, amphitheater and large playground for the local community to enjoy. Hit the flat, new concrete unit walking path along the perimeter for a morning walk, or relax on a bench to watch the sunset. Utilizing the natural views of the Marina, the park will also include a great lawn that will host movie nights, concerts for the local community and a site wide revitalized native planting palette embedded into the sites park space. Masterplan Client: Los Angeles County Beaches and Harbor Size: 278,900 sf Schedule: 09.09.20 - 04.01.22 Scope: Restoration of Waterfront Working heavily with context-sensitive existing conditions Strategic Improvements Analysis Design complying with LA County Beaches and Harbors design standards. 446 62 I RFP 22-008 Hermosa Beach I SWA A-ENHANCING THE WATERFRONT EDGE B-STRENGTHENING THE OPEN VIEWS C-RE-PURPOSING UNDERUTILIZED AREAS OPPORTUNITIES & CONSTRAINTS ANALYSIS EXISTING AND PROPOSED CONTOURS 447 SWA l RFP 22-008 Hermosa Beach I 63 448 64 I RFP 22-008 Hermosa Beach I SWA RFP 22-008 City of Hermosa Beach Page 35 of 40 Michael Jenkins, City Attorney 7.2 Required Forms 7.2.1 Certification of Proposal RFP #:22-008 The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1.Proposer declares and warrants that no elected or appointed official,officer or employee of the City has been or shall be compensated,directly or indirectly,in connection with this proposal or any work connected with this proposal.Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City,during the term of his/her service with the City shall have any direct interest in that agreement,or obtain any present,anticipated or future material benefit arising therefrom. 2.By submitting the response to this request,Proposer agrees,if selected to furnish services to the City in accordance with this RFP. 3.Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4.It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 5.The proposal response includes all of the commentary,figures and data required by the Request for Proposal 6.The proposal shall be valid for 90 days from the date of submittal. 7.Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ N/A N/A N/A N/A 449 SWA l RFP 22-008 Hermosa Beach I 65 City of Hermosa Beach Page 37 of 40 RFP 22-008 7.2.2 Non-Collusion Affidavit RFP #:__22-008 The undersigned declares states and certifies that: 1.This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2.This proposal is genuine and not collusive or sham. 3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract. 5.All statements contained in the Proposal and related documents are true. 6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal. 8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: Ying-yu Hung, SWA (Los Angeles) Managing Principal 450 66 I RFP 22-008 Hermosa Beach I SWA City of Hermosa Beach Page 38 of 40 RFP 22-008 7.2.3 Compliance with Insurance Requirements RFP #:22-008 The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1.Proposer agrees,acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2.If selected,proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: Ying-yu Hung, SWA (Los Angeles) Managing Principal 451 SWA l RFP 22-008 Hermosa Beach I 67 City of Hermosa Beach Page 39 of 40 RFP 22-008 7.2.4 Acknowledgement of Professional Services Agreement RFP #:22-008 The selected consultant will be expected to comply with and sign the City s Professional Services Agreement.Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1.Proposer agrees,acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement. 2.Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________ Signature of Authorized Representative: Printed Name and Title: Ying-yu Hung, SWA Group (Los Angeles) Managing Principal 452 68 I RFP 22-008 Hermosa Beach I SWA 811 W 7th Street 8th Floor Los Angeles, California 90017 +1.213.236.9090 www.swagroup.com Gerdo P Aquino Ying-Yu Hung Ning Deng September 15, 2022 7.2.5 COVID Vaccination Certification Suja Lowenthal, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal: Per this letter, SWA Group Los Angeles certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the “Greenbelt Accessible Trail Design Services” in the City of Hermosa Beach, California dated September 15, 2022, are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. Respectfully, Ying-yu Hung SWA Group (Los Angeles) Managing Principal 453 SWA l RFP 22-008 Hermosa Beach I 69 INSR ADDL SUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE RLI Insurance Company Syndicate 2623/623 at Lloyd's 6/23/2021 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Carly Underwood 770.670.5324 carly.underwood@greyling.com SWA Group 2200 Bridgeway Blvd. Sausalito, CA 94965 13056 085202 21-22 A X X X X PSB0006320 07/01/2021 07/01/2022 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X PSA0002207 07/01/2021 07/01/2022 1,000,000 A X X X 0 PSE0002758 07/01/2021 07/01/2022 4,000,000 4,000,000 A N PSW0003590 07/01/2021 07/01/2022 X 1,000,000 1,000,000 1,000,000 B Professional Liability B1636P210006 07/01/2021 07/01/2022 Per Claim $2,000,000 Aggregate $4,000,000 Sample Certificate 1 of 1#S2775264/M2774991 SWAGROUPClient#: 25323 CUND1 454 Dallas Dubai Houston Laguna Beach Los Angeles New York SWA/Balsley San Francisco Sausalito Shanghai swagroup.com twitter.com/swagroup instagram.com/swagroup facebook.com/swagroup linkedin.com/company/swa-group 455 SWA PROPOSAL PART II COST PROPOSAL October 6, 2022 Greenbelt Accessible Trail Design Services (RFP 22-008) City of Hermosa Beach 456 2 I RFP 22-008 Hermosa Beach I SWA Fee Proposal Rate Per Hour Hourly Rates Ying-yu Hung, SWA Principal-in-Charge $310 Jeremy Klemic, SWA Project Manager $185 Ryan McKay, SWA Associate Project Manager $120 Valerie Clarke, SWA Designer $156 Kevin Carter, Huitt- Zollars Civil Engineering $280 John Vlassis, Huitt-Zollars Civil Engineering $250 Merilyn Olave, Cumming Cost Estimator $165 Lance Sweeney, Sweeney Irrigation Design $200 SWA Huitt- Zollars (Civil & Survey) Cumming Sweeney Sub-Totals PART I: DESIGN TASK 1: DESIGN & CONSTRUCTION DOCUMENTS $ 45,000 $ 37,180 $ 5,800 $ 6,000 $ 93,980 TASK 2: MEETING ATTENDANCE & SUPPORT $ 15,000 $ 5,000 -$ 1,000 $ 21,000 PART II: CONSTRUCTION TASK 3: CONSTRUCTION PHASE $ 15,000 As-Needed --$ 15,000 TOTAL BY FIRM $75,000 $42,180 $5,800 $7,000 $ 129,980 TOTAL:$ 129,980 Optional add service: Please note that should the city opt for re-configuring the existing trail design, the survey by Huitt-Zollars will increase by $14,000. Reimbursables will include printing; cost of travel and any specialty prints by request of the City. The total of reimbursables will not be more than 10% of the professional service fee. 457 SWA l RFP 22-008 Hermosa Beach I 3 October 6, 2022 Andrew Nguyen City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Submitted Via PlanetBids RE: Greenbelt Accessible Trail Design Services (RFP #22-008) Dear Andrew: We understand that the Greenbelt Accessible Trail Design Services Project will entail the renovation of a beloved neighborhood and visitor amenity. SWA will abide by this cost proposal for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Cost Proposal identifies project team members, and hourly billing rates and break costs by task and phase. The fee schedule includes any direct costs such as travel, equipment, printing/ materials. The proposal includes hourly rates for all types of personnel required to perform the services described in this RFP. Other direct costs, intended to be charged to the City, are stated. We understand there are no mark-ups will be allowed for other direct costs. Sincerely, Ying-yu Hung, FASLA Managing Principal Los Angeles 811 W. 7th Street, 8 Fl Los Angeles, California 90017 t: +1.213.236.9090 f: +1.213.236.9091 www.swagroup.com yhung@swagroup.com 458 Dallas Dubai Houston Laguna Beach Los Angeles New York SWA/Balsley San Francisco Sausalito Shanghai swagroup.com twitter.com/swagroup instagram.com/swagroup facebook.com/swagroup linkedin.com/company/swa-group 459     CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN SERVICES FOR GREENBELT ACCESSIBLE TRAIL AND OTHER ACCESSIBILITY ENHANCEMENTS BETWEEN THE CITY OF HERMOSA BEACH AND SWA GROUP This AGREEMENT is entered into this 3rd day of November , 2022, by and between the CITY of Hermosa Beach, a general law city a municipal corporation (“CITY”) and SWA GROUP, a California corporation (“CONSULTANT”). R E C I T A L S A. The City desires to enter into an agreement with CONSULTANT to utilize services for design of the Greenbelt accessible trail and other accessible enhancements. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a total of $129,980 for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. 460     Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Ying-Yu Hung. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on November 3, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 461     TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. 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. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, 462     insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 463     non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. 464     C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability 465     by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: ATTN: 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. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that 466     it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. C. 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. D. 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. E. 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. F. 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. 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. 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. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 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 467     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. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act 468     because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT [MAYOR/CITY MANAGER] By: NAME/TITLE ATTEST: Myra Maravilla, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins, City Attorney 469 City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00 Agenda Name Comments Support Oppose Neutral g) REPORT 22-0690 AWARD A CONTRACT FOR DESIGN SERVICES FOR GREENBELT ACCESSIBLE TRAIL AND OTHER ACCESSIBILITY ENHANCEMENTS TO SWA GROUP, INC. (Public Works Director Joe SanClemente) 3 0 1 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for g) REPORT 22-0690 AWARD A CONTRACT FOR DESIGN SERVICES FOR GREENBELT ACCESSIBLE TRAIL AND OTHER ACCESSIBILITY ENHANCEMENTS TO SWA GROUP, INC. (Public Works Director Joe SanClemente) Overall Sentiment dean francois Location: Submitted At: 2:59pm 11-03-22 An additional comment calling for transparency: I could not find in the staff report what other responses were received from the RFP, how much were their bids? and if so why are their proposals not being reviewed? If in fact this was the only bid received it should be clear in the staff summary and we should consider other options to re-advertise or reopen the bidding process to ensure we are getting the best deal. From my experience in budgets and as a public works commissioner, the design contract does seem to be on the high end of an acceptable range. It would be a shame that we would only get one bid. thanks Dean4council.com 470 Dean Francois Location: 90254, Hermosa Beach Submitted At: 1:12pm 11-03-22 There are many things the city should be doing to implement the ADA self-evaluation and transition plan. It is my hopes we can cut curbs out and improve ADA access to our streets and beaches especially when this can be done at a reasonable cost. This is the time tonight for you as council members and members of the public to provide input to the consulting firm being awarded the contract. My suggestion is to consider alternatives that include a 4 ft wide path. Also, include consideration of other barriers that discourages forms of wheeled transportation such as cyclists skateboarders, etc. The end result would be a more scenic meandering path instead of a straight one. I noticed wording in the RFP that states ...replacing the wood chip path with a paved path .... I want to make it clear that the intention was not to remove completely the wood chip path. We will still have the wood chip path remain. These clarifications need to be addressed at this time when this contract is awarded, otherwise further additional modifications could increase the cost of the design. Thank you, and I look forward to keeping our small town charm in Hermosa Beach and having a watchful eye over our fiscal constraints. Remember to vote in the election. Www.deanforcouncil.com Carolyn Petty Location: 90254, Hermosa Beach Submitted At: 4:46pm 10-30-22 Of course on your way out the door, you wish to put our city in legal jeopardy. We were advised years ago that the path is not in violation of ADA for numerous reasons. Despite that, you want to destroy our only natural trail in town and replace it illegally with hardscaped dirt. This is in violation of the voter approved initiative that created the greenbelt - yet you show no respect for the voters. If you want to overturn a voter backed initiative, you legally should run another initiative. Also, where is the legal opinion that once you begin a retrofit under the guise of ADA that you then must retro fit our entire greenbelt? Considering you give yourselves the moniker of environmentalists, I find it outrageous and hypocritical that you show zero respect for the one and only nature trail that we have in our community. 471 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0717 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022 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 10/28/2022Page 1 of 1 powered by Legistar™472 October 26, 2022 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council November 3, 2022 TENTATIVE FUTURE AGENDA ITEMS TUESDAY, NOVEMBER 29, 2022 @ 5:00 PM (RESCHEDULED FROM NOVEMBER 22, 2022) INITIAL DATE CLOSED SESSION: 1. Approval of Closed Session Minutes of November 3, 2022 2. Government Code section 54956.8, Conference with Real Property Negotiator TUESDAY, NOVEMBER 29, 2022 @ 6:00 PM CITY MANAGER REPORTS Police Chief Update 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 for October 2022 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for October 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 21, 2022 Public Works Director Ongoing Application for Per Capita Grant Funds from the State Department of Parks and Recreation for CIP 603 South Park Slope and Irrigation Repairs Public Works Director Staff Request Sept. 14, 2022 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 6, 2022 Community Resources Manager Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of November 15, 2022 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Assembly Bill 361 Compliance City Clerk Ongoing List of Regular and Ongoing City Board and Commission Appointive Terms That Will Expire During the 2023 Calendar Year City Clerk Annual 2022 Local Agency Biennial Notice regarding the City’s Conflict of Interest Code City Clerk Biennial South Bay Workforce Investment Board Quarterly Summary (1st Quarter for 2022-2023) Chris Cagle, SBWIB Regional Affairs Manager Quarterly Request for Approval of Sponsorship Donation to the Beach Cities Health District’s 24th Annual Holiday Gift Bag Project City Manager Annual Approval of the 2022-2025 Memorandum of Understanding for Management Group Human Resources Manager Staff Request Oct. 24, 2022 Approval of the 2022-2025 Memorandum of Understanding for Police Management Bargaining Group Human Resources Manager Staff Request Oct. 24, 2022 473 2 TUESDAY, NOVEMBER 29, 2022 @ 6:00 PM (CONTINUED) PUBLIC HEARINGS – 6:30 PM Second Reading - An Ordinance of the City Of Hermosa Beach Amending Title 15 of the Hermosa Beach Municipal Code, Adopting by Reference the 2022 California Building Code and Specified Appendices, 2022 California Residential Code and Specified Appendices, 2022 California Electrical Code and Specified Appendix, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2021 International Property Maintenance Code With Local Amendments. Community Development Director Staff Request Oct. 6, 2022 MUNICIPAL MATTERS Update and City Council Direction on Sustainability Rebates and Fee Waivers for Green Building and Zero Emissions Vehicles Incentives Environmental Programs Manager Staff Request Oct. 12, 2022 Approval of an Agreement between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce and Visitors Bureau to provide the St. Patrick’s Day Parade, Memorial Day Fiesta Hermosa, Hermosa for the Holidays and Sidewalk Sales Events. Community Resources Manager Staff Request Sept. 29, 2022 Upcoming Vacancy – Los Angeles County West Vector and Vector-Borne Control District Board Term Expiration – Schedule Applicant Interviews City Clerk Two-Year Term FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing MONDAY, DECEMBER 12, 2022 @ 6:00 PM CERTIFICATION OF COUNTY ELECTION RESULTS; INSTALLATION OF NEW OFFICERS; APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE; AND COUNCIL COMMITTEE REORGANIZATION 474 3 DECEMBER 13, 2022 @ 4:30 PM APPLICANT INTERVIEWS FOR CITY REPRESENTATIVE TO THE LOS ANGELES COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD DECEMBER 13, 2022 @ 5:00 PM INITIAL DATE CLOSED SESSION DECEMBER 13, 2022 @ 6:00 PM PRESENTATIONS LOCAL CONTEST WINNERS OF THE LOS ANGELES PUBLIC LIBRARY 2022 CHILDREN’S BOOKMARK CONTEST CITY MANAGER REPORTS Police Chief Update 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 Los Angeles Fire Services and McCormick Ambulance Monthly Report for October 2022 Emergency Management Coordinator Ongoing Assembly Bill 361 Compliance City Clerk Ongoing PUBLIC HEARINGS – 6:30 PM Public Hearing on Proposed Changes in City of Hermosa Beach Solid Waste, Organic and Recycling Rates for Fiscal Year 2022 through 2032 Environmental Programs Manager Staff Request Oct. 26, 2022 MUNICIPAL MATTERS Appointment of City Representative to the Los Angeles County West Vector and Vector-Borne Control District Board City Clerk Two-Year Term City Council Committee Reorganization City Clerk Annual City Council Meeting Schedule for 2023 City Manager Annual FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing NO MEETING DECEMBER 27, 2022 WINTER BREAK 475 4 JANUARY 10, 2023 @ 5:00 PM INITIAL DATE CLOSED SESSION JANUARY 10, 2023 @ 6:00 PM PRESENTATIONS ANNOUNCEMENT OF THE WINNER OF THE 13TH ANNUAL PARKING PERMIT ART CONTEST CITY MANAGER REPORTS Police Chief Update 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 Los Angeles Fire Services and McCormick Ambulance Monthly Report for November 2022 Emergency Management Coordinator Ongoing Assembly Bill 361 Compliance City Clerk Ongoing PUBLIC HEARINGS – 6:30 PM Public Hearing regarding Proposition 218 notice for new solid waste rates Environmental Programs Manager Staff Request Oct. 24, 2022 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 476 5 PENDING STRATEGIC PLAN ITEMS STATUS / TENTATIVE MEETING DATE Update Personnel Policies Human Resources Manager Pending Labor Negotiations/Meet & Confer Process 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 Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager PENDING NEW ITEMS STATUS / TENTATIVE MEETING DATE 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 Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization) Initiated by: Council Direction Jul. 9, 2019 Public Works Director To be included in Revenue Strategy Study Session (March 3, 2022). PW staff has funding to prepare an assessment adjustment study and will advance that effort – it is anticipated that the study will take approximately 2 to 3 months to complete. If council agrees to advance the adjustment, it will need to go to a city-wide ballot. The annual assessment is required to go to council each year for approval and may need to go to council separately before the ballot vote. It was last approved at the 7/13/2021 council meeting. Pavement Condition Index Update Initiated by: Staff Request Sept. 23, 2019 Public Works Director The new pavement management plan report is being prepared and is anticipated to be completed in approximately 2 to 3 months. PW staff will prepare a staff report with the updated document and have our consultant available to present the item to council. 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 Emergency Management Coordinator Waiting for State to review proposed language changes Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020 Community Development Director Staff to work with BCHD to consider appropriate timing to return to consider a full ban Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020 City Attorney The City will develop a licensing agreement for commercial uses of the City logo as part of a comprehensive Administrative Memorandum 477 6 (AM) on City Branding and Logo Use by City Staff. City staff will begin drafting the AM after finalizing the City’s style guide and filing its “Intent to Use” trademark application for the City logo with the USPTO. As part of developing a Licensing Agreement for the Commercial Use of the City Logo, staff will establish a process for reviewing and handling these requests. This process will likely include the negotiation of royalties and as well as the preparation of a staff report to obtain Council approval to enter into the agreement. Only once after the City receives the issuance of a Notice of Allowance from the USPTO can it begin approving applications for commercial uses of the logo. Follow-up on Mayor’s Pledge Initiated by: Council Direction August 25, 2020 City Manager’s Office/Police Chief Pending proposal from Sunny Lee Ordinance to regulate nuisance Outdoor Lighting Initiated by: Staff Request June 3, 2021 Community Development Director Council referred to Planning Commission at June 2021 meeting, tentatively scheduled for Planning Commission, February 2022 An Ordinance of the City of Hermosa Beach, California, adding Chapter 12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property Initiated by: Staff Request June 12, 2021 City Attorney Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato) Initiated by: Council Direction October 26, 2021 Environmental Program Manager PLAN Hermosa 5-year check-in on milestones (Supported by Massey, Campbell, Armato, Jackson) Initiated by: Council Direction October 26, 2021 Community Development Director/Environmental Program Manager Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022 Emergency Management Coordinator Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits Initiated by: Council Direction January 31, 2022 City Manager Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance Initiated by: Staff Request February 8, 2022 City Manager/Senior Management Analyst Consideration of Non-Profit Grant Program Initiated by: Council Direction March 9, 2022 Deputy City Manager Consideration of proposal for Extension and Amendment of agreements between the City and Athens Services for solid waste and street sweeping services Initiated by: Council Direction May 10, 2022 Environmental Program Manager 478