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HomeMy WebLinkAbout04-25-2023 - Agenda Pkg - CC Regular MeetingTuesday, April 25, 2023 5:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City Council Mayor Ray Jackson Mayor Pro Tem Justin Massey Councilmembers Dean Francois Rob Saemann Mike Detoy Regular Meeting Agenda Closed Session - 5:00 PM Open Session - 6:00 PM Executive Team Angela Crespi, Deputy City Manager Viki Copeland, Finance Director Myra Maravilla, City Clerk Paul LeBaron, Chief of Police Joe SanClemente, Public Works Director Carrie Tai, Community Development Director Vanessa Godinez, Human Resources Manager Lisa Nichols, Community Resources Manager City Treasurer Karen Nowicki City Attorney Patrick Donegan Suja Lowenthal, City Manager 1 April 25, 2023City Council Regular Meeting Agenda PUBLIC MEETING VIEWING OPTIONS The public may participate via the following: 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT092. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 As a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live-time viewing and/or public participation, members of the public shall attend in Council Chambers or log in via ZOOM. 4. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach 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. 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. 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 by noon, one week before the meeting date. Supplemental communications may be submitted via eComment 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. Submit Supplemental eComments Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. Page 2 City of Hermosa Beach Printed on 4/25/2023 2 April 25, 2023City Council Regular 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 (Meeting will reconvene in the Council Chambers after Closed Session and recess to Open Session) a)23-0234 MINUTES: Approval of minutes of Closed Session held on March 28, 2023. b)23-0235 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Granite Re, Inc. DBA Granite Surety Insurance Company v. City of Hermosa Beach (Case No. 2:23-cv-1548) Page 3 City of Hermosa Beach Printed on 4/25/2023 3 April 25, 2023City Council Regular 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 a)23-0236 RECOGNIZING MIKE LUDWIG FOR HIS SERVICE ON THE BOARD OF APPEALS b)23-0238 PROCLAMATION DECLARING APRIL 30 - MAY 6 AS MUNICIPAL CLERKS WEEK VIII. CITY MANAGER REPORT a)23-0239 POLICE CHIEF UPDATE Page 4 City of Hermosa Beach Printed on 4/25/2023 4 April 25, 2023City Council Regular Meeting Agenda IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC This is the time for members of the public to address the City Council on any items within the Council's jurisdiction 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). The public is invited to attend and provide public comment. 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. 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. 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. a)23-0240 WRITTEN COMMUNICATION Recommendation:Staff recommends City Council receive and file the written communication. X. CITY COUNCILMEMBER COMMENTS a)23-0241 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 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. Page 5 City of Hermosa Beach Printed on 4/25/2023 5 April 25, 2023City Council Regular Meeting Agenda a)REPORT 23-0230 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) Recommendation:Staff recommends City Council approve the minutes for the Tuesday, March 28, 2023 regular meeting. b)REPORT 23-0216 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends City Council ratify the following check registers. c)REPORT 23-0233 MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR MARCH 2023 (Finance Director Viki Copeland) d)REPORT 23-0224 MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR MARCH 2023 (City Treasurer Karen Nowicki) e)REPORT 23-0223 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends City Council ratify cancellation of certain check. f)REPORT 23-0248 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF APRIL 13, 2023 (Public Works Director Joe SanClemente) Recommendation:Staff recommends City Council receive and file the Capital Improvement Program Status Report as of April 13, 2023. g)REPORT 23-0208 ADOPT RESOLUTION 23-XX EASEMENT DEDICATION 505 GOULD AVENUE (Director of Public Works Joe SanClemente) Recommendation:Staff recommends City Council: 1. Adopt Resolution 23-XX (Attachment 2) accepting the easement deed for a sanitary sewer easement in connection with the redevelopment of 505 Gould Avenue; and 2. Authorize City Manager to sign the Certificate of Acceptance (Attachment 4). h)REPORT 23-0232 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 7, 2023 (Community Resources Manager Lisa Nichols) Recommendation:Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 7, 2023. Page 6 City of Hermosa Beach Printed on 4/25/2023 6 April 25, 2023City Council Regular Meeting Agenda i)REPORT 23-0205 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR FEBRUARY 2023 (Emergency Management Coordinator Israel Estrada) Recommendation:Staff recommends City Council receive and file the February 2023 Fire and Ambulance monthly report. j)REPORT 23-0212 RECEIVE AND FILE LEGISLATIVE POSITION LETTER SUPPORTING SENATE BILL 381 (MIN) ELECTRIC BICYCLES: STUDY AND LETTER OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1 RESTRICTING VOTER’S INPUT AND LOCAL TAXING AUTHORITY (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council: 1. Receive and file the letter of support for Senate Bill 381, which would direct the Mineta Transportation Institute at San Jose State University to conduct a study on electric bicycles to inform efforts to improve the safety of riders and pedestrians (Attachment 1); and 2. Receive and file the letter in opposition of the Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1, which would make it more difficult for local voters to pass measures needed to fund local services and infrastructure (Attachment 3). k)REPORT 23-0213 RESOLUTION APPROVING CHANGES TO THE 2022-2025 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HERMOSA BEACH AND THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911 (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends City Council adopt a resolution (Attachment 1) approving a Side Letter Agreement (Attachment 3) between the City of Hermosa Beach and General and Supervisory Employees' Bargaining Unit California Teamsters Local 911, modifying Article 47, Section B.1. to move Chavez Day and Juneteenth from Section B.1.a to B.1.b. Page 7 City of Hermosa Beach Printed on 4/25/2023 7 April 25, 2023City Council Regular Meeting Agenda l)REPORT 23-0211 RECOMMENDATION TO REJECT CLAIMS (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends City Council reject the following claims and refer them to the City's Liability Claims Administrator. Claimant: Sarkis Kassardjian Date of Loss: February 15, 2023 Date Filed: March 13, 2023 Allegation: Claimant alleges property damage to a private parking lot due to an Athens truck driving over it. Claimant: C. Lukert Date of Loss: September 7, 2021 Date Filed: July 13, 2022 Allegation: Claimant alleges property damage to a concrete block wall and top floor ceiling cracks due to violent shaking created by sand compacting and/or paving machines used by City of Hermosa Beach during street paving of 24th Street (just east of Park Avenue). m)REPORT 23-0222 REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO MIRA COSTA HIGH SCHOOL GRAD NITE 2023 (City Manager Suja Lowenthal) Recommendation:Staff recommends City Council approve a sponsorship donation of $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2023. XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items pulled from the Consent Calendar will be handled separately. Public comment will be taken before Council deliberation, and action on each item pulled from the Consent Calendar. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. a)REPORT 23-0244 REQUEST FOR HISTORIC RESOURCES PRESERVATION (HRR22-01) FOR DESIGNATION OF A LANDMARK FOR THE PROPERTY LOCATED AT 2204 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA (Community Development Director Carrie Tai) Recommendation:Staff recommends City Council adopt a resolution (Attachment 1) approving Historic Resources Preservation No. 22-01 to designate the property located at 2204 Monterey Boulevard as a City of Hermosa Beach Landmark and make the determination that the project is exempt from the California Environmental Quality Act (CEQA). Page 8 City of Hermosa Beach Printed on 4/25/2023 8 April 25, 2023City Council Regular Meeting Agenda b)REPORT 23-0247 ADOPT ORDINANCE ESTABLISHING PERMANENT OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATIONS AND ACCOMPANYING RESOLUTIONS (Environmental Programs Manager Doug Krauss) Recommendation:Staff recommends City Council: 1. Introduce and waive first reading of Ordinance 23-XXXX amending various sections of Chapter 12.16 of the Hermosa Beach Municipal Code establishing a permanent outdoor dining program and the determination that the project is Categorically Exempt under the California Environmental Quality Act (CEQA) (Attachment 1); 2. Adopt a resolution approving revised guidelines for encroachments on Pier Plaza and off-Plaza public rights-of-way (Attachment 2); 3. Adopt a resolution approving lane reconfigurations and bike lanes in the downtown area (Attachment 3); 4. Adopt a resolution establishing a fee schedule for encroachments citywide (Attachment 4); and 5. Consider staff recommendations for the remaining elements of the outdoor dining program with a plan for staff to return to Council for formal action at a future meeting. XIV. MUNICIPAL MATTERS a)REPORT 23-0217 ASSIGNMENT AGREEMENT BETWEEN THE CITY OF WEST HOLLYWOOD AND THE CITY OF HERMOSA BEACH FOR THE EXCHANGE OF PROPOSITION A LOCAL RETURN FUNDS (Finance Director Viki Copeland) Recommendation:Staff recommends City Council: 1. Approve an Assignment Agreement for a Proposition A (Prop A) Local Return Fund Exchange (Attachment 1) with the City of West Hollywood for $700,000 in City of Hermosa Beach Proposition A Funds in exchange for $490,000 of unrestricted funds from the City of West Hollywood; 2. Add estimated revenue of $490,000 in Prop A Exchange Funds in the General Fund and an appropriation of $700,000 for the fund exchange in the Prop A Fund to the 2022-23 Budget; 3. Add an assigned fund balance of $490,000 in the General Fund in 2022-23 to reserve the Prop A Exchange Fund revenue for future use as recommended in the upcoming 2023-24 Budget; and 4. Authorize the City Manager to execute documents incident to the Agreement. Page 9 City of Hermosa Beach Printed on 4/25/2023 9 April 25, 2023City Council Regular Meeting Agenda b)REPORT 23-0225 AWARD OF PROFESSIONAL SERVICES AGREEMENT TO CREATE A RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM TO SIREN CREATIVE LLC (DBA SIREN SF) (Emergency Management Coordinator Israel Estrada) Recommendation:Staff recommends City Council: 1. Award a contract to SIREN Creative LLC (DBA SIREN SF) to create a resident and business mitigation education program at a not-to-exceed amount $180,000 for a term of one year ending April 25, 2024 (Attachment 3); 2. Add estimated revenue of $187,500 in the Grant Fund and appropriate $187,500 in the Grant Fund for the federal share of the Hazard Mitigation Grant Program Grant and $62,500 in the General Fund from the Prospective Expenditures account to cover the non-federal match; and 3. Authorize the Mayor to execute and the City Clerk to attest to the proposed agreement subject to approval by the City Attorney. c)REPORT 23-0209 AWARD OF CONSTRUCTION CONTRACT FOR CIP 195 CITY SIDEWALK IMPROVEMENTS AND CIP 760 TREE WELL GRATES TO GENTRY GENERAL ENGINEERING, INC. (Public Works Director Joe SanClemente) Recommendation:Staff recommends City Council: 1. Award a construction contract for sidewalk, curb ramps, ADA improvements, and tree well grates to Gentry General Engineering, Inc. in the amount of $194,031 (Attachment 4); 2. Appropriate additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 City Sidewalk Improvements; 3. Authorize the Director of Public Works to establish a project contingency amount of $40,000 and approve contract change orders up to the amount of the approved contract contingency; 4. Adopt the attached resolution entitled "A Resolution of The City Council of the City of Hermosa Beach Approving the Construction of CIP 195 City Sidewalk Improvements & CIP 760 Tree Well Grates Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account" (Attachment 3); 5. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 6. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. d)REPORT 23-0218 CONSIDERATION OF REQUESTS FOR NAMING OF PUBLIC FACILITIES AND PUBLIC SPACE IN HONOR OF JEFF DUCLOS AND JULIAN KATZ (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council consider designating a subcommittee to review two requests for the naming of specified public facilities and outdoor space as follows: 1) Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz; and 2) Renaming the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos. Page 10 City of Hermosa Beach Printed on 4/25/2023 10 April 25, 2023City Council Regular Meeting Agenda 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. a)23-0249 TENTATIVE FUTURE AGENDA ITEMS XVI. ADJOURNMENT Page 11 City of Hermosa Beach Printed on 4/25/2023 11 April 25, 2023City Council Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: May 9, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting May 23, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting May 31, 2023 - Wednesday - 6:00 PM - Budget Study Session June 13, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting June 27, 2023 - Tuesday - No Meeting (Dark) July 11, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting July 20, 2023 - Thursday - 6:00 PM - Joint Meeting with all Boards and Commissions July 25, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 8, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 22, 2023 - Tuesday - No Meeting (Dark) September 12, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting September 26, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting September 28, 2023 - Thursday - 6:00 PM - Mayor Transition Ceremony October 10, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting October 24, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting November 14, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting November 28, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting December 12, 2023 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting December 26, 2023 - Tuesday - No Meeting (Dark) Page 12 City of Hermosa Beach Printed on 4/25/2023 12 April 25, 2023City Council Regular Meeting Agenda BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: May 2, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 16, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting May 17, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting May 17, 2023 - Wednesday - 6:00 PM - Public Works Commission Meeting June 6, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 20, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting June 21, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting July 5, 2023 - Wednesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 18, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting July 19, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting July 19, 2023 - Wednesday - 6:00 PM - Public Works Commission Meeting August 1, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 15, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting August 16, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting September 5, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 19, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting September 20, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting September 20, 2023 - Wednesday - 6:00 PM - Public Works Commission Meeting October 3, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 17, 2023 - Tuesday - 6:00 PM - Planning Commission Meeting October 18, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting November 7, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 13, 2023 - Monday - 6:00 PM - Planning Commission Meeting November 15, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting November 15, 2023 - Wednesday - 6:00 PM - Public Works Commission Meeting December 5, 2023 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 11, 2023 - Monday - 6:00 PM - Planning Commission Meeting December 20, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: May 29, 2023 - Monday - Memorial Day June 19, 2023 - Monday - Juneteenth July 4, 2023 - Tuesday - Independence Day September 4, 2023 - Monday - Labor Day November 23, 2023 - Thursday - Thanksgiving Day December 25, 2023 - Monday - Christmas Day January 1, 2024 - Monday - New Year's Day Page 13 City of Hermosa Beach Printed on 4/25/2023 13 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0234 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of April 25, 2023 MINUTES:Approval of minutes of Closed Session held on March 28, 2023. City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™14 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0235 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of April 25, 2023 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Granite Re, Inc. DBA Granite Surety Insurance Company v. City of Hermosa Beach (Case No. 2:23-cv-1548) City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™15 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0236 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 RECOGNIZING MIKE LUDWIG FOR HIS SERVICE ON THE BOARD OF APPEALS City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™16 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0238 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 PROCLAMATION DECLARING APRIL 30 - MAY 6 AS MUNICIPAL CLERKS WEEK City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™17 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0239 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 POLICE CHIEF UPDATE City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™18 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0240 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 WRITTEN COMMUNICATION Recommended Action: Staff recommends City Council receive and file the written communication. Attachments: 1.Written Communication from Tony Higgins re: Pier Avenue City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™19 From:tony higgins To:City Clerk; Planning Commission Cc:City Council; DG_PlanningCommission; Patrick Donegan; ej@doj.ca.gov; Kevin R. Cody; Carrie Tai Subject:Written Communication to City Council and Planning Commission on making Pier Avenue Truck Route Closures Permanedy Date:Monday, March 27, 2023 2:33:08 PM Attachments:image.png PLEASE ACKNOWLEDGE RECEIPT  March 27, 2023 Dear City Council Planning Commission Re: Pier Avenue Truck Route Lane Closures - CEQA! The FIRST part of this written communication will detail concerns about the forthcoming CEQA Initial-Study that by all accounts will promote the permanent closure of truck route lanes on Pier Avenue without any assessment of how these lane closures have impacted truck traffic patterns in residential neighborhoods, especially in North Hermosa. The Pier Avenue truck route lane closures were permitted two years ago under the emergency- order to support local businesses during the Covid crisis. But the associated CEQA Initial Study has been delayed unnecessarily with temporary extension after extension for over 2 years now and there can be no doubt that the these delays have inappropriately entrenched the Truck Route Lane Closures while denying potentially impacted neighborhoods their due process under CEQA. Additionally, nearly 6 months ago city staff belatedly assured the city council the CEQA Initial- Study for this project would finally be completed in May of 2023 more than two years after the Pier Avenue truck route lane closures But City Staff said much more than that “between the lines”. City Staff also assured the City Council that not only would the Initial Study be done by In May 2023, the entire CEQA process would be completed THAT SAME MONTH; clearly signaling that staff had already decided they were not going to do an Environmental Impact Report (EIR). Simply stated it would be impossible to compete the initial study in May and then do an EIR. Rather, at that point it was obvious staff intended to find there were no-significant-impacts to the truck route lane closures and issue either a Negative Declaration (ND) or the and issue a Mitigated Negative Declaration (MND) and find all impacts associated with the truck route lane closures could be mitigated to a less than significant level. And city staff decided this before decided this even before the initial study analysis was done. The optics here are bad but the reality is worse. Why would the city be so hell-bent on doing an MND or ND and not an EIR? 20 Well, one possible reason is city staff IS NOT REQUIRED TO RESPOND IN WRITING to citizen concerns about a ND or MND but THE CITY MUST RESPOND IN WRITING TO CITIZEN CONCERNS with an EIR! The SECOND part of this written communication will detail guidance from the California Attorney General (AG) that any reasonable person can see should apply to the CEQA process for the Truck Route Lane Closures and demand an EIR. This is not optional, the facts and the law demand an EIR and I will present evidence of that below. And any Initial-Study that doesn’t answer the questions raised in this written communications and fails to call for an EIR is fatally-flawed. Moreover, there can be no doubt if you read the AG guidance that the “fair argument” and “substantial evidence” standards apply directly to the Pier Ave Truck Route Lane Closures Initial- Study and any subsequent MND or ND and these arguments demand an EIR. The LAST part of this written communications details what I believe is evidence our City’s long standing Duplicity and even Malfeasance affecting the 27th street neighborhood the city council needs to make that right. The goals of my Written-Communication are simple. First, ensure the City Council is aware of the AG GUIDANCE related to the fair argument and substantial evidence standards. Second, do everything in my power ensure an EIR is done consistent with the California Attorney’s guidelines. Third ensure any associated Health, Safety or Quality of Life impacts to the 27th street neighborhood are fairly measured, analyzed and fully mitigated. ATTORNEY GENERAL GUIDANCE: The California Attorney General has issued clear guidance to Lead Agencies saying that the “fair argument” and “substantial evidence” standards apply to any CEQA Mitigated Negative Declaration (MND) or Negative Declaration (ND). This is beyond dispute. This guidance can found at: https://oag.ca.gov/environment/ceqa/litigation-settlements The council must understand what the fair argument standard is and how it applies, if it is to properly discharge its authority as a Lead Agency . In the context of CEQA the fair argument standard means that if a “fair argument” can be made that a project may have a significant direct or indirect effect on the environment (including health, safety or quality of life), an EIR SHALL be prepared even though there may 21 be other substantial evidence that the project will not have a significant effect (CEQA Guidelines § 15064(f)(1)). Definition: an “indirect impact” is any impact separated from the project by space or time. It carries the same weight as a direct impact. Substantial Evidence means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. This is exactly the case for the Pier Avenue Truck Route Lane Closures project. A fair argument can be made that the closure of truck route lanes have shifted more and more large trucks from Pier Avenue to 27th street. This is a common sense inference. Truck route lane closures on Pier will impact 27th street since it is clearly the most viable option to Pier Avenue. And, 27th street is a steep ,narrow residential street in a densely packed residential neighborhood; and it is simply NOT suited for additional truck traffic. If the truck route Lane Closures on Pier Avenue implemented under covid emergency orders are made permanent the degradation of 27th street will continue and likely accelerate as the downtown recovers and truck traffic to and from Plaza businesses AND to/from construction sites all over the westside use 27th street instead. I believe this is a potentially significant CUMULATIVE unmitigable impact and therefore demands an EIR for the following reasons. Consider: A. 27th is likely well over CNEL noise levels for R2 neighborhoods specified in the General Plan based on data taken from multiple noise meters and provided to the city. The city has received many complaints about excessive traffic noise on 27th. The city has also not released traffic noise data or reports from the somewhat disingenuous traffic noise measurements taken several months ago that chose monitoring points that actually substantially minimized the actual traffic noise levels. This concern was detailed in a previous email that I will be be happy to resend if you have any doubts about the voracity of this claim. . B. Significant truck vibration problems exist on 27th at Morningside Drive because of a poorly designed water recovery ditch that trucks slam over hundreds of times a day; often sending palpable shock waves through my house. 22 Complaints of excessive truck traffic vibration have been ignored for years and likely exceed the General Plan vibration levels of significance at nearby residential property lines according to my IPhone accelerometer. But the city has steadfastly refused to fix this or even measure the vibration. C. Significant intersection queuing problems routinely occur on 27th street and Gould (aka 27th) adjacent to Valley Park that have been documented in countless photographs I’ve sent to the council and city staff. 1/4 mile backups at our stop signs occur many times a week and can occur any day of the week and on weekends. D. Exhaust Soot & Tire Dust thickly layer our bushes on 27th but NOT bushes 26th or 28th street. These carcinogens can be seen coating our interior walls if street facing windows are left open. I brought evidence to one council meeting in the form of green lemon from a tree on our street that was thickly coated & crusted with toxic exhaust soot and carcinogenic tire dust. Can reasonable inferences that there may be a Near Roadway Pollution Problem problem on 27th be made. You bet. Has any action been taken? HELL NO! Lemonade anyone? And my vegetable garden in my front yard; abandoned because of exhaust soot and tire dust lining the edibles. E. 27th is far to steep, narrow and densely packed with residential homes and sensitive receptors to serve as a downtown truck route or the main route for heavy trucks going to construction sites all over the westside. Pictures below show heavy trucks running within 10 feet of property lines, doors and windows. 23 F. We are now approaching 10,000 vehicles a day including ~ several hundred heavy commercial trucks per day mostly destined for the downtown business district or construction sites all over the westside, not locations in NW Hermosa as specified in the 2017 General Plan. What it boils down to is 27th street wealth and quality of life is being transferred to Pier Avenue business and property owners while a 2 year long unnecessary delay in the CEQA Initial study has left residents of 27th holding the bag by denying them the TIMELY access to due process under CEQA. Many discretionary projects over the years that have shaped conditions on 27th including but are not limited to the widening and redesign of Gould Ave, the closure of several local streets in NW Hermosa over the years, the opening of Vista Elementary in the past couple of years, a steady stream of downtown curb buildouts that have made it harder for trucks to make turns downtown encouraging them to take routes other than Pier Ave to access the downtown business district & 24 Plaza Businesses, the Herondo Truck berm project, the new one way designation of 26th that has brought considerably more cross traffic and honking at 27th and Morningside and now the Pier Avenue Truck Route Lane Closures. And the lack of any meaningful truck volume data, traffic noise and vibration data on our extremely busy road segment is by design not by accident or mistake. And it will only get worse as we exit covid, grow the downtown and enter the summer season. Since the city has no comparative truck traffic data, any CEQA analysis of the indirect impacts to 27th from truck route lane closures; it follows the city must start with meaningful CNEL noise level measurements on 27th, taken at peak noise locations NOT locations likely to produce the least amount of residential traffic noise as was recently done . I detailed this in a previous email that I will be happy to forward to any concerned party. Moreover the frequency and time distribution of traffic related “impulse noise” (eg LN>70dba) are required since they are known to cause significant sleep disturbances also impact the overall health of residents in our neighborhood. These impulse noise levels are completely out of control on 27th and efforts to mitigate this have been non existent with not a single noise infraction ticket on 27th while 50 or so have been issued elsewhere in Hermosa. 27th’s steep narrow roads are now the the goto access-road for modified exhaust vehicles wanting to parade their obnoxiously loud vehicles on Hermosa Ave. The AG guidance specifically calls out impulse-noise measurements. These obnoxiously loud vehicles certainly don’t want to light-up the Pier Avenue police station so it makes sense to use 27th. The health implications of traffic noise are well known and detailed in this widely cited peer reviewed WHO article that I have provided the city council and the city’s Environmental Analyst on many occasions, only to be consistently ignored. This peer reviewed & widely cited scientific report details these health consequences and this and/or similar reports must be considered in any meaningful Health Assessment. https://www.euro.who.int/__data/assets/pdf_file/0017/43316/E92845.pdf. Intersection queuing problems already exist and 1/4 mile backups at stop signs on 27th are almost a daily occurrence. These intersection queues must be measured and mitigated before throwing more trucks our way. Near Roadway Pollution measurements are needed to accurately assess the health consequences. MALFEASANCE & DUPLICITY: Malfeasance: 25 An act that is illegal AND causes physical or monetary harm to someone else. Malfeasance is intentional conduct that is wrongful or unlawful, especially by officials or public employees. Duplicity: Duplicity is used to describe someone who intentionally misleads people, especially by saying different things to different people or acting in different ways at different times. Someone once said “Duplicity is the slippery slope to Malfeasance”. In the URL below our City Attorney says words to the effect that COMMERCIAL Trucks should only use 27th street or Gould avenue adjacent to Valley Park if they are serving NORTHWEST Hermosa business or NORTHWEST Hermosa construction sites. THAT was the conclusion of the HB City Attorney in his September 2018 letter interpreting both the HB 2017 General Plan & local traffic laws. SEE Section D. of the City Attorney letter below. https://hermosabeach.legistar.com/View.ashx?M=F&ID=6799268&GUID=87C045C9-6FD6- 4C7E-9092-D215B22B0C4B Per the HB City Attorney’s 2018 letter 27th was NOT meant to be a truck route serving Plaza Businesses OR Construction Trucks serving job sites all over the westside. 27th was meant to be a local collector road servicing NW Hermosa businesses and construction sites. BUT WHAT ABOUT THIS? 26 27th street at Morningside. This “No Commercial Vehicles” sign was placed at 27th street westbound at Morningside Drive around 1985 and is one of many duplicitous actions the city has taken over the years related to heavy truck traffic that impact our neighborhood. To better make this point, two different Public Records Requests (PRR) have proven that not a single ticket has ever been issued for a truck using 27th, despite the fact that THOUSANDS OF HEAVY TRUCKS USE 27th EVERY WEEK to access businesses and construction sites that are not in NW Hermosa. Moreover despite the fact that there are several of these “No Overweight Commercial Vehicles” signs posted throughout NW Hermosa; my public records requests have confirmed the HBPD has never issued a single ticket for violating these signs anywhere in the city. EVER! AND, is duplicity is a slippery slope to malfeasance? Think about former Police Chief McKennion who said in an email referring to these No Commercial Trucks signs: “Tony, I don’t what I can do to convince you, we do follow trucks on 27th and we do issue tickets”. Well my PRR this was a boldface lie. 27 No tickets for Overweight Trucks or Direct Route Violation have been issued on 27th street or anywhere in Hermosa, EVER! You can check with the City Clerk on that. Moreover, please also consider there is not a single-point on PCH where 27th street is the shortest route downtown but the city hasn’t taken a single step to mitigate or enforce violations of the Direct Route Laws, EVER! You need further evidence of Malfeasance? Well consider the 2017 General Plan. See yellow circle! Each Road Segment analyzed for traffic noise, vibration and intersection queuing in the 2017 General Plan is enumerated below. There was simply no sane reason for the city to have have excluded the 27th street from the 2017 28 General Plan’s road segment analysis. It is the 2nd busiest east west road segment in the city west of Pacific Coast Highway, second only to Pier Avenue. PROOF: Councilman Dulcos commented in a 2016 email to me that the noise and traffic problems on 27th was a well known and long standing problem. The City Council can’t pretend they didn’t know about traffic noise and truck problems on 27th So why did the City Council approve a draft General Plan that excluded 27th from the 2017 General Plan’s road segment analysis? This is no accident but rather part of a long term effort by the city to sweep the impacts of Heavy Truck Traffic on our neighborhood under the carpet. Then consider that 27th Street between Morningside & Manhattan is a steep, narrow heavily utilized road segment, densely packed with homes and because of this AND the fact that cars and trucks run less than 2 feet from the sidewalK and in some cases less than 10 feet from our doors and windows, our neighborhood is especially vulnerable to truck and vehicle noise, vibration and near roadway pollution. But for some reason the city council felt it was ok to exclude 27th from the General Plan’s road segment analysis. 27th was designed as a residential street, not an Avenue, Boulevard or a defacto truck route serving the entire westside. There are dozens of sensitive receptors on westbound 27th that must be considered in terms of redirecting truck traffic flows. Moreover, 27th is not the most direct route to the business district or the south west side of Hermosa Beach from any point on PCH or from any of the local freeways. And what about the General Plan’s mitigation and monitoring program? It’s supposed to be actuated when road segment traffic noise levels likely exceed the established levels of significance for our residential neighborhoods? Well city has done little if anything to effectively implement increased enforcement and traffic calming mitigation measures. Moreover the city couldn’t produce a single record documenting any traffic calming or increased enforcement mitigation or monitoring on 27th street. Also, consider Modified exhaust Vehicles and large SUVs routinely scream up and down our street at all hours of the day and night at nearly twice the speed limit and the Hermosa Beach Police Department has not been able to produce a record of a single speeding or loud exhaust ticket on our road segment in the last 5 years. In my view our City Council is abrogating it’s responsibility if it fails to apply the fair argument and substantial evidence standards to the Initial Study and demand an Environmental Impact 29 Report. Finally, please consider this carefully. It may well be that the westbound incline of 27th is no longer compatible with residential use and residents and prospective buyers have a right to know that. Anthony Higgins 30 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0241 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™31 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0230 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council approve the minutes for the Tuesday,March 28,2023 regular meeting. Attachment: 1.March 28, 2023-Regular Meeting Minutes Respectfully Submitted by: Myra Maravilla, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™32 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Meeting Minutes - Draft City Council Mayor Ray Jackson Mayor Pro Tem Justin Massey Councilmembers Dean Francois Rob Saemann Mike Detoy 5:00 PMTuesday, March 28, 2023 Closed Session - 5:00 PM Open Session - 6:00 PM CALL TO ORDER Mayor Jackson called the Closed Session to order at 5:01 p.m. ROLL CALL City Clerk Myra Maravilla announced a quorum. Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, Councilmember Saemann, and Councilmember Detoy Present:5 - Absent:0 PUBLIC COMMENT ON THE CLOSED SESSION AGENDA No public comment was provided on the Closed Session agenda. 23-0199a)MINUTES: Approval of minutes of Closed Session held on March 14, 2023. 23-0147b)CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Jaime Ramirez v. City of Hermosa Beach WCAB Number: ADJ13868846 WCAB Number: ADJ15354438 Page 1City of Hermosa Beach Printed on 4/18/2023 33 March 28, 2023City Council Meeting Minutes - Draft 23-0148c)CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Stephen Dewitt v. City of Hermosa Beach WCAB Number: ADJ12393541 23-0149d)CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Michael Garafano v. City of Hermosa Beach WCAB Number: ADJ12189383 23-0203e)CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Granite Re, Inc. DBA Granite Surety Insurance Company v. City of Hermosa Beach (Case No. 2:23-cv-1548) RECESS TO CLOSED SESSION Mayor Jackson recessed to Closed Session at 5:02 p.m. Page 2City of Hermosa Beach Printed on 4/18/2023 34 March 28, 2023City Council Meeting Minutes - Draft 6:00 PM - OPEN SESSION I. CALL TO ORDER Mayor Jackson called the Open Session to order at 6:16 p.m. II. PLEDGE OF ALLEGIANCE Trent Larson led the Pledge of Allegiance. III. ROLL CALL City Clerk Maravilla announced a quorum. Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, Councilmember Saemann, and Councilmember Detoy Present:5 - Absent:0 IV. CLOSED SESSION REPORT City Attorney Patrick Donegan provided a Closed Session Report. No reportable action was taken. V. ANNOUNCEMENTS - UPCOMING CITY EVENTS Mayor Jackson announced two Mayor's Conversations and Cleanup events. On April 1, the community is invited to South Park to discuss the City's Housing Element and help paint PARK after-school program classrooms. On April 30, volunteers will participate in a beach cleanup with the South Coast Botanical Garden and discuss the Parks Master Plan. Mayor Jackson invited the community to the Community Coffee with Assemblymember Al Muratsuchi event on April 15. VI. APPROVAL OF AGENDA A motion was made by Councilmember Francois, seconded by Mayor Pro Tempore Massey to approve the agenda as amended to hear Municipal Matters in the following order: 14a., 14d., 14b., and 14c. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 VII. PROCLAMATIONS / PRESENTATIONS 23-0195a)PRESENTATION OF CERTIFICATE OF SYMPATHY HONORING THE MEMORY OF RICHARD MCCURDY Page 3City of Hermosa Beach Printed on 4/18/2023 35 March 28, 2023City Council Meeting Minutes - Draft Mayor Jackson invited Cathy McCurdy to the podium and presented a certificate of sympathy honoring the memory of Richard McCurdy. b)23-0196 PARKS MASTER PLAN: NEXT STEPS BY RJM DESIGN GROUP, INC. Zachary Mueting with RJM Design Group, Inc. provided a presentation and introduced project manager John Jones. Mayor Pro Tem Massey provided comments. VIII. CITY MANAGER REPORT City Manager Suja Lowenthal provided a City Manager Report. a)23-0192 POLICE CHIEF UPDATE Police Chief LeBaron provided a Police Chief Update. Mayor Jackson provided comments. Councilmember Francois provided comments. Councilmember Saemann provided comments. Police Chief LeBaron responded to the Councilmember comments. IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC In Person Public Comment: Donna Rubelmann Stanley Richardson Trent Larson Mike Winn Xavier Haase Doug Virtual Public Comment: Tony Higgins Matt McCool Kent Allen a)23-0200 WRITTEN COMMUNICATION A motion was made by Mayor Pro Tempore Massey, seconded by Page 4City of Hermosa Beach Printed on 4/18/2023 36 March 28, 2023City Council Meeting Minutes - Draft Councilmember Detoy to receive and file the written communication.The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 X. CITY COUNCILMEMBER COMMENTS Mayor Jackson asked the staff questions in response to public participation. Public Works Director SanClemente provided information about the Leadership Hermosa project. City Attorney Donegan provided information about the 5G cell tower. Councilmember Francois provided comments. City Attorney Donegan provided additional information about the 5G cell tower. a)23-0193 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Councilmember Saemann provided an update on the Sister Cities Association activities regarding the annual visit on April 10 and the Skechers shoe donation to children from the Sister City. Mayor Jackson attended the South Bay Cities Sanitation District meeting and the California Contract Cities Association meeting. He provided comments about the all-girls flag football team being recognized as a C.I.F. sport; On Saturday, the Hermosa Beach Education Foundation hosted Hearts of Hermosa; You Are Enough 5K; and reminded the community to report issues on the Go Hermosa application. Councilmember Francois provided an update about his attendance at the Los Angeles Roundtable on LAX Noise and South Bay Cities Council of Governments General Assembly. Mayor Pro Tem Massey provided an update on his attendance to the South Bay Cities Council of Governments General Assembly. XI. CONSENT CALENDAR Approval of the Consent Calendar A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to pull agenda items "g", "m", and "n" for separate discussion and Page 5City of Hermosa Beach Printed on 4/18/2023 37 March 28, 2023City Council Meeting Minutes - Draft approve the remainder of the Consent Calendar. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 23-0202a)WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. b)REPORT 23-0191 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. c)REPORT 23-0164 CHECK REGISTERS (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. d)REPORT 23-0155 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR JANUARY AND FEBRUARY 2023 (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. e)REPORT 23-0157 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. f)REPORT 23-0158 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. h)REPORT 23-0174 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 18, 2023 (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. i)REPORT 23-0170 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF MARCH 21, 2023 AND SPECIAL MEETING OF MARCH 9, 2023 (Community Development Director Carrie Tai) Page 6City of Hermosa Beach Printed on 4/18/2023 38 March 28, 2023City Council Meeting Minutes - Draft A motion was made to approve recommendation on the Consent Calendar. j)REPORT 23-0169 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Community Development Director Carrie Tai) A motion was made to approve recommendation on the Consent Calendar. k)REPORT 23-0159 APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT LONG-TERM AGREEMENT NEGOTIATIONS (Community Resources Manager Lisa Nichols) A motion was made to approve recommendation on the Consent Calendar. l)REPORT 23-0161 A RESOLUTION OF THE CITY OF HERMOSA BEACH APPROVING THE GRANT OF FUNDS FROM THE SAFE CLEAN WATER PROGRAM FOR HERMOSA BEACH PARKING LOT GREENING PROJECT (CIP 682) (Environmental Program Manager Douglas Krauss) A motion was made to approve recommendation on the Consent Calendar. o)REPORT 23-0131 ADOPTION OF ORDINANCE NO. 23-1459 OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 1.10.040 PARAGRAPH (A) TO INCLUDE VIOLATIONS OF TITLE 15, “BUILDINGS AND CONSTRUCTION” AND CHAPTER 8.24 NOISE CONTROL IN LIST OF VIOLATIONS SUBJECT TO ADMINISTRATIVE CITATION PROCEDURES (Community Development Director Carrie Tai) A motion was made to approve recommendation on the Consent Calendar. Enactment No: p)REPORT 23-0163 ADOPTION OF ORDINANCE NO. 23-1460 OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 1.06 (OFFICIAL SEAL AND LOGO OF THE CITY) OF TITLE 1 (GENERAL PROVISIONS) OF THE HERMOSA BEACH MUNICIPAL CODE TO REGULATE THE USE OF CITY INSIGNIA AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (City Manager Suja Lowenthal) A motion was made to approve recommendation on the Consent Calendar. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. Page 7City of Hermosa Beach Printed on 4/18/2023 39 March 28, 2023City Council Meeting Minutes - Draft a)REPORT 23-0172 APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENT (Senior Recreation Supervisor Brian Sousa) Senior Recreation Supervisor Brian Sousa provided a staff report. Event representative Mark Paaluhi provided comments. Mayor Jackson provided comments. There was no In-Person public comment. Virtual Public Comment: Tony Higgins The event representative Paaluhi provided information to address the public comment. A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to include a new Impact Level II special event, USA Volleyball (USAV) Beach Trials, on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, 2023, on the 2023 Special Events Calendar. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 XIV. MUNICIPAL MATTERS a)REPORT 23-0175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA INCREASING PARKING METER RATES AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Finance Director Viki Copeland) City Attorney Patrick Donegan presented the staff report. Councilmember Saemann provided comments. Councilmember Francois provided comments. In Person Public Comment: Raymond Dussault Virtual Public Comment: Tony Higgins Page 8City of Hermosa Beach Printed on 4/18/2023 40 March 28, 2023City Council Meeting Minutes - Draft Matt McCool Laura Pena Kent Allen The City Council deliberated on this item. Councilmember Massey suggested moving the meter start time to 8 a.m. and providing an annual early bird sticker at $180 a year to park at all meters from 8 a.m. to 10 a.m. The City Council continued deliberation on this item. A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Saemann to 1. Introduce and waive first reading of an ordinance entitled "An Ordinance of the City Council of the City of Hermosa Beach, California Increasing Parking Meter Rates and Finding the Same Exempt from the California Environmental Quality Act" with a start time of 8:00 a.m. for parking meters in the City; and 2. Direction to staff to create an annual parking pass for parking meter spaces only during the hours of 8:00 a.m. to 10:00 a.m. Early Bird Sticker at a fee of $180 per year, and to implement the sale of this parking pass. The motion carried by the following vote: Aye:Mayor Jackson, Massey, and Saemann3 - No:Francois, and Detoy2 - Absent:0 d)REPORT 23-0198 PROVIDE DIRECTION TO CITY STAFF REGARDING A DRAFT ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE ESTABLISHING A PERMANENT OUTDOOR DINING AND RETAIL PROGRAM (Environmental Program Manager Doug Krauss) Environmental Program Manager Doug Krauss presented the staff report. Councilmember Francois provided comments. City Attorney Patrick Donegan provided comments. Councilmember Detoy provided comments. Environmental Program Manager Krauss responded to Council comments. Councilmember Saemann provided comments. City Manager Lowenthal responded to Council comments. In Person Public Comment: Page 9City of Hermosa Beach Printed on 4/18/2023 41 March 28, 2023City Council Meeting Minutes - Draft Kathy Knoll Ray Dussault John David. Bill Mathews Dana Ireland Ed Hart Virtual Public Comment: Tony Higgins Jessica Accamando Matt McCool Laura Pena Mr. Saemann Councilmember Detoy provided comments. Councilmember Francois provided comments. The Council continued deliberation on this item. The City Council recessed at 10:46 p.m. The City Council returned from recess at 10:53 p.m. City Clerk Maravilla conducted a roll call and announced a quorum. All members were present. The Council continued deliberation on this item. There was consensus that live entertainment will be heard separately at a later date. There was City Council consensus on the following: 1.Up to 500 square feet of additional space added to existing encroachments for a maximum of 1,000 square feet. 2.Plaza businesses to close at midnight, on-street establishments to close at 11:00 p.m. 3.Combine old and temporary encroachments administratively. A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to extend the meeting to 12:45 a.m. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Page 10City of Hermosa Beach Printed on 4/18/2023 42 March 28, 2023City Council Meeting Minutes - Draft Absent:0 b)REPORT 23-0154 ENCROACHMENT PERMIT TO ALLOW THE HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS’ BUREAU TO MANAGE AN ANNUAL STREET POLE BANNER PROGRAM (Deputy City Manager Angela Crespi) Deputy City Manager Angela Crespi presented the staff report. Mayor Pro Tem Massey provided comments. Councilmember Francois provided comments. Deputy City Manager Crespi responded to Council comments. No Public Comment provided. Hermosa Beach Chamber of Commerce President Jessica Accamando provided information. Councilmember Saemann provided comments. Councilmember Detoy provided comments. A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to authorize the Public Works Director to execute and the City Clerk to attest the proposed encroachment permit for a period of one year subject to approval by the City Attorney; and authorize the City Manager to direct the extension of the permit up to two additional one-year periods. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 c)REPORT 23-0173 AUTHORIZE CITY MANAGER TO PARTICIPATE IN FUTURE OPIOID SETTLEMENT AGREEMENTS AND TO ALLOCATE SETTLEMENT FUNDS TO BEACH CITIES HEALTH DISTRICT (City Manager Suja Lowenthal) Deputy City Manager Angela Crespi presented the staff report. Director of Well-Being Services with Beach Cities Health District, Jacqueline Sun, provided additional information. Councilmember Francois provided comments. City Attorney Donegan provided comments. Page 11City of Hermosa Beach Printed on 4/18/2023 43 March 28, 2023City Council Meeting Minutes - Draft Deputy City Manager Crespi provided additional information. There was no In-Person public comment. Virtual Public Comment: Dency Nelson A motion was made by Councilmember Detoy, seconded by Councilmember Francois to authorize City Manager to opt into future opioid settlement agreements, and direct the City Manager to execute any documents necessary to implement the action; and authorize City Manager to enter into a professional services agreement with Beach Cities Health District to use its share of settlement dollars to support opioid abatement or remediation uses.The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 e)REPORT 23-0160 APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE TO SERVE ON THE CLEAN POWER ALLIANCE BOARD (Environmental Program Manager Douglas Krauss) Enviromental Program Manager Krauss presented the staff report. No public comment provided. Councilmember Francois provided comments. Mayor Pro Tem Massey provided comments. A motion was made by Councilmember Saemann, seconded by Councilmember Francois to appoint Mayor Pro Tem Massey as the representative to serve on the Clean Power Alliance Board and direct the City Manager to designate Doug Krauss as the alternate representative. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION g)REPORT 23-0176 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF MARCH 20, 2023 (Public Works Director Joe SanClemente) Councilmember Saemann provided comments. There was no Public Comment for this item. Page 12City of Hermosa Beach Printed on 4/18/2023 44 March 28, 2023City Council Meeting Minutes - Draft A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to receive and file the Capital Improvement Program Status Report as of March 20, 2023. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 m)REPORT 23-0197 PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION-THREE UPCOMING VACANCIES FOR THE TERM ENDING JUNE 30, 2027 (City Clerk Myra Maravilla) City Clerk Maravilla presented the staff report and clarified there are only two upcoming vacancies for the Parks, Recreation, and Community Resources Commission. Councilmember Francois provided comments. City Manager Lowenthal provided comments. Councilmember Massey provided comments. The City Council agreed to conduct interviews on June 7th. A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Francois to direct staff to immediately advertise and request applications from qualified applicants for two Parks, Recreation and Community Resources Commission vacancies for the term ending June 30, 2027; and schedule the presentation of applicants and applicant interviews on or before the regular City Council meeting on June 7, 2023 with the option to make an appointment on the same date. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 n)REPORT 23-0194 PLANNING COMMISSION-TWO UPCOMING VACANCIES FOR THE TERM ENDING JUNE 30, 2027 (City Clerk Myra Maravilla) There was no Public Comment for this item. A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to direct staff to immediately advertise and request applications from interested parties for two Planning Commission vacancies for the term ending June 30, 2027; and schedule the presentation of applicants and applicant interviews on or before the regular City Council meeting on June 7, 2023 with the option to make an appointment on the same date.The motion carried by the following vote: Page 13City of Hermosa Beach Printed on 4/18/2023 45 March 28, 2023City Council Meeting Minutes - Draft Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 XV. FUTURE AGENDA ITEMS Councilmember Detoy requested an information item regarding federal, state, and local regulations related to cell towers. Councilmember Francois supported this item. Councilmember Detoy requested an item to name the bike path on Hermosa Avenue and 10th Street in honor of the late Commissioner and bike advocate Julian Katz. Mayor Jackson and Mayor Pro Tem Massey supported this item. Mayor Jackson requested an item about California's new law, AB 43, which gives cities more control in deciding how speed limits are set. Mayor Pro Tem Massey and Councilmember Detoy supported this item. Councilmember Francois requested the discontinuance of conducting roll call votes. Councilmember Massey provided comments and suggested this topic be added to a future retreat agenda. a)23-0201 TENTATIVE FUTURE AGENDA ITEMS XVI. ADJOURNMENT Mayor Jackson adjourned the meeting at 12:57 a.m. in honor of George Donald Guild and Cassey Charles Rohrer. Councilmember Francois provided a eulogy for George Donald Guild, also known as "Don." Mayor Jackson provided a eulogy for Cassey Charles Rohrer. Page 14City of Hermosa Beach Printed on 4/18/2023 46 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0216 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends City Council ratify the following check registers. Attachments: 1.Check Register 3/15/2023 2.Check Register 3/22/2023 3.Check Register 3/27/2023 4.Check Register 3/29/2023 5.Check Register 4/4/2023 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™47 03/15/2023 Check Register CITY OF HERMOSA BEACH 1 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102074 3/15/2023 ALL CITY MANAGEMENT 83901 CROSSING GUARD SERVICES 2.19-3.4.2306827 146-2102-4201 13,190.31 Total : 13,190.3106827 102075 3/15/2023 ALMANZA, EDWARD P 20 CEQA COMPLIANCE CONSULTING SVS/JUL-AUG2217442 001-4104-4201 5,502.50 CEQA COMPLIANCE CONSULT SVS/SEPT-OCT2222 001-4104-4201 1,085.00 Total : 6,587.5017442 102076 3/15/2023 AMERICAN UPHOLSTERY INC 11803D MR#938734 REPAIR/REPLACE DRIVER SEAT #5222728 715-3302-4311 650.00 Total : 650.0022728 102077 3/15/2023 ATHENS SERVICES 14041272 PD SHREDDING SERVICES/MAR2316660 001-2101-4309 54.61 Total : 54.6116660 102078 3/15/2023 BLUMENFIELD, DALTON PO 39128 MEALS FOR BATI COURSE/3.13-3.17.2321651 001-2101-4312 75.00 Total : 75.0021651 102079 3/15/2023 BRAUN LINEN SERVICE Acct 70664 INMATE LAUNDRY SERVICE/FEB2300163 001-2101-4306 287.16 Total : 287.1600163 102080 3/15/2023 BROWN, GARY W Parcel 4182 012 002 STREET LIGHT & SEWER TAX REBATE16089 001-6871 79.76 105-3105 24.61 Total : 104.3716089 102081 3/15/2023 BURKE, WILLIAMS & SORENSEN 297617 LABOR NEGOTIATIONS/JAN2320054 001-1203-4201 650.00 Total : 650.0020054 102082 3/15/2023 CALIFORNIA MARKING DEVICE 7188 MAT REQ 838548 NAMEPLATES/WICKS&WHITNEY00262 001-4101-4305 41.61 Total : 41.6100262 Attachment 148 03/15/2023 Check Register CITY OF HERMOSA BEACH 2 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102083 3/15/2023 CAPITAL WHOLESALE LIGHTING 465446 MAT REQ 854240 ELECTRICAL MAINT SUPPLIES21720 105-2601-4309 502.74 MAT REQ 854243 ELECTRICAL MAINT SUPPLIES465693 105-2601-4309 422.21 Total : 924.9521720 102084 3/15/2023 CDWG GK49029 LOANER LAPTOP REPLACEMENT09632 715-1101-5402 854.00 715-1101-5402 79.71 ADDITIONAL ADOBE LICENSESGW8906 715-1206-4201 650.00 HP PRINTER FOR RECORDSHF24323 715-1206-4201 606.28 715-1206-4201 57.60 Total : 2,247.5909632 102085 3/15/2023 COMPLETES PLUS Cust#284080 VEHICLE MAINT/REPAIR PARTS/JAN2309436 715-2101-4311 1,960.36 715-2601-4311 183.68 715-3302-4311 66.16 715-6101-4311 212.46 715-3104-4311 -42.00 Total : 2,380.6609436 102086 3/15/2023 CONNOLLY, ELIZABETH Parcel 4188 030 009 STREET LIGHT & SEWER TAX REBATE20407 001-6871 132.93 105-3105 24.61 Total : 157.5420407 102087 3/15/2023 DEPARTMENT OF JUSTICE 639423 MAT REQ 938977/FINGERPRINTING/FEB2300364 001-1203-4251 96.00 Total : 96.0000364 102088 3/15/2023 DEWEY PEST CONTROL Acct 759408 PEST CONTROL/MAR2311449 001-4204-4201 849.00 Total : 849.0011449 102089 3/15/2023 DOVE, GUY PO 39132 FTO COURSE MEALS/3.20-3.22.2319358 001-2101-4312 45.00 49 03/15/2023 Check Register CITY OF HERMOSA BEACH 3 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 45.00 102089 3/15/2023 DOVE, GUY19358 102090 3/15/2023 EASY READER Stmt 5381 LEGAL ADS/FEB2300181 001-1121-4201 483.00 Total : 483.0000181 102091 3/15/2023 EMPIRE PIPE CLEANING AND EQUIP 12408 CLEAN & VIDEO INSPECT SEWERS/MAR2307853 160-3102-4201 6,387.50 Total : 6,387.5007853 102092 3/15/2023 ENCODEPLUS, LLC 2395 ORDINANCE CODIFICATION22221 001-1121-4201 1,332.00 Total : 1,332.0022221 102093 3/15/2023 EPIC BUSINESS ESSENTIALS, LLC SI00471395 MAT REQ 768533/OFFICE SUPPLIES16742 001-1201-4305 13.01 Total : 13.0116742 102094 3/15/2023 FRONTIER 323-155-6779-0822065 FIBER OPTIC LINE/FEB2319884 715-1206-4201 227.44 Total : 227.4419884 102095 3/15/2023 FRONTIER 310-318-9210-0827185 PD JAIL BREATHALYZER/MAR2319884 001-2101-4304 96.70 Total : 96.7019884 102096 3/15/2023 FRONTIER 310-372-6373-0311045 PERSONNEL FAX LINE/FEB2319884 001-1203-4304 72.21 PERSONNEL FAX LINE/MAR23310-372-6373-0311045 001-1203-4304 86.32 Total : 158.5319884 102097 3/15/2023 FRONTIER 310-379-0652-1216195 EOC LANDLINES/FEB2319884 001-1201-4304 82.91 Total : 82.9119884 102098 3/15/2023 FRONTIER 310-372-6186-0831895 2ND FL CITY HALL FAX LINE/FEB2319884 001-1121-4304 15.31 001-1141-4304 15.32 001-1201-4304 15.31 50 03/15/2023 Check Register CITY OF HERMOSA BEACH 4 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102098 3/15/2023 (Continued)FRONTIER19884 001-1202-4304 15.32 001-1203-4304 15.31 Total : 76.5719884 102099 3/15/2023 GATES, GEORGE H Parcel 4188 012 089 STREET LIGHT PROPERTY TAX REBATE21346 105-3105 24.61 Total : 24.6121346 102100 3/15/2023 GRAINGER 9608956430 MAT REQ 938724/MAINTENANCE SUPPLIES10836 715-6101-4311 208.08 MAT REQ 938650/MAINTENANCE SUPPLIES9635213003 001-4204-4309 35.83 Total : 243.9110836 102101 3/15/2023 GROH, MARK LEE HB-036 CITATION HEARING SERVICES/MAR2321597 001-1204-4201 240.00 Total : 240.0021597 102102 3/15/2023 HERM BCH YOUTH BASKETBALL 2003666.003 REFUND-RELEASED RESERVATION DATES00715 001-2111 1,148.00 Total : 1,148.0000715 102103 3/15/2023 HINDERLITER DE LLAMAS AND ASSC SIN022100 SALES TAX REV ANALYSIS FOR BALLOT07547 001-1202-4201 5,500.00 Total : 5,500.0007547 102104 3/15/2023 HOME DEPOT CREDIT SERVICES Acct Ending 5596 MAINTENANCE SUPPLIES/FEB2303432 001-3104-4309 3,342.93 001-3104-5405 267.91 001-3302-4201 295.58 001-4204-4309 616.84 001-6101-4201 1,026.63 001-6101-4309 1,765.22 161-3109-4309 200.21 Total : 7,515.3203432 102105 3/15/2023 JONES, KEVIN PO 39138 MEALS FOR FTO CLASS/3.6-3.10.2322327 001-2101-4312 75.00 51 03/15/2023 Check Register CITY OF HERMOSA BEACH 5 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 75.00 102105 3/15/2023 JONES, KEVIN22327 102106 3/15/2023 KUSHINS, SUSAN PO39167 REFUND FOR DUPLICATE DOG LICENSE22863 001-3202 16.00 Total : 16.0022863 102107 3/15/2023 LEAGUE OF CALIFORNIA CITIES 02212 2023 LOCAL STREET&ROAD NEEDS ASSESSMENT00842 001-1101-4315 300.00 Total : 300.0000842 102108 3/15/2023 LONG, MICHAEL A.Parcel 4182 023 018 STREET LIGHT & SEWER TAX REBATE21410 001-6871 132.93 105-3105 24.61 Total : 157.5421410 102109 3/15/2023 MCBRIDE, RYAN PO 39142 MEALS FOR FTO CLASS/3.6-3.10.2322328 001-2101-4312 75.00 Total : 75.0022328 102110 3/15/2023 MCCORMICK AMBULANCE 290701 AMBULANCE TRANSPORT SERVICES/FEB2320898 001-1201-4201 27,000.00 Total : 27,000.0020898 102111 3/15/2023 MILLER PLANNING ASSOCIATES LLC 20007-0223-27 ZONING&SUBDIV ORDINANCE UPDATE/FEB2321660 150-4105-4201 9,642.50 Total : 9,642.5021660 102112 3/15/2023 NAKAMOTO, JOSHUA PO 39145 MEAL FOR FIREARM CLASS/3.31.2322053 001-2101-4317 15.00 Total : 15.0022053 102113 3/15/2023 NETRIX LLC CI-005781 IT SUPPORT SERVICES/MAR2311539 715-1206-4201 16,364.21 DATTO SERVICES - INFINITE CLOUD/FEB23SI-000853 715-1206-4201 1,957.55 Total : 18,321.7611539 102114 3/15/2023 ODP BUSINESS SOLUTIONS, LLC 300473441001 MAT REQ 838549/OFFICE SUPPLIES13114 001-4201-4305 50.61 MAT REQ 838549/OFFICE SUPPLIES300474328001 52 03/15/2023 Check Register CITY OF HERMOSA BEACH 6 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102114 3/15/2023 (Continued)ODP BUSINESS SOLUTIONS, LLC13114 001-4201-4305 48.39 MAT REQ 838584/OFFICE SUPPLIES300690399001 001-2101-4305 65.22 MAT REQ 838547/OFFICE SUPPLIES300817287001 001-4101-4305 27.57 001-4201-4305 27.56 001-4101-4305 2.62 001-4201-4305 2.62 MAT REQ 838547/OFFICE SUPPLIES300858107001 001-4101-4305 8.50 001-4201-4305 8.49 001-4101-4305 0.81 001-4201-4305 0.80 MAT REQ 838547/OFFICE SUPPLIES300858109001 001-4101-4305 8.00 001-4201-4305 7.99 001-4101-4305 0.76 001-4201-4305 0.76 MAT REQ 791095/OFFICE SUPPLIES300993544001 001-1202-4305 37.33 001-1208-4305 121.88 001-1202-4305 3.54 001-1208-4305 11.58 Total : 435.0313114 102115 3/15/2023 ONWARD ENGINEERING 6777 INSPECTION SVS/SKECHERS TUNNEL/FEB2321596 001-2148 8,960.00 3-PHASE AT&T UTILITY PROJECT/FEB236778 001-2159 3,740.00 Total : 12,700.0021596 102116 3/15/2023 POSTMASTER Permit#460 ANNUAL PERMIT FEE FOR CITATION MAILING18447 001-1204-4305 290.00 Total : 290.0018447 102117 3/15/2023 PROVIDENCE MEDICAL GuarantorID600000285 MAT REQ 938978/PRE-EMPLOYMENT PHYSICAL01911 001-1203-4320 337.00 53 03/15/2023 Check Register CITY OF HERMOSA BEACH 7 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 337.00 102117 3/15/2023 PROVIDENCE MEDICAL01911 102118 3/15/2023 PSYCHOLOGICAL CONSULTING ASSOC 526092 PSYCHOLOGICAL EVALUATIONS19904 001-2101-4201 880.00 Total : 880.0019904 102119 3/15/2023 RACE COMMUNICATIONS RC849616 DEDICATED INTERNET SERVICE/MAR2322179 715-1206-4201 1,020.00 Total : 1,020.0022179 102120 3/15/2023 RED SECURITY GROUP, LLC 79516 MAT 854239 KEYS FOR ENGINEERING13255 001-4204-4309 8.21 Total : 8.2113255 102121 3/15/2023 RJ PRINTING & PROMOTIONAL 1079 WINDOW ENVELOPES FOR PARKING PERMITS21153 001-1204-4305 362.68 001-1204-4305 29.20 Total : 391.8821153 102122 3/15/2023 SAFEWAY INC VONS Acct 150882 REFRESHMENTS/CLEANING SUPPLIES/FEB2316425 001-4601-4308 109.40 001-1203-4201 78.17 Total : 187.5716425 102123 3/15/2023 SANTA MONICA UCLA MED CENTER 23324251 SART EXAM17817 001-2101-4201 1,029.00 Total : 1,029.0017817 102124 3/15/2023 SBCU VISA 0062363939189 CC MARAVILLA/MUNICIPAL CLERKS CONF MAY 202303353 001-1121-4317 487.80 OFFICE SUPPLIES0479233-768266 CC 001-1121-4305 32.31 001-1121-4305 3.07 WRAP NEEDED FOR PARKING LOT A1002675.00 CC 001-3104-5405 294.60 001-3104-5405 27.99 HOLLYWOOD BOWL EXCURSION DEPOSIT10757546 DEPOSIT CC 001-4601-4201 729.00 SOAP DISPENSERS120123111 CC 001-4204-4309 150.52 54 03/15/2023 Check Register CITY OF HERMOSA BEACH 8 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102124 3/15/2023 (Continued)SBCU VISA03353 001-4204-4309 14.30 EV TRAINING/BEEDY&PONCE166174 CC 001-4202-4317 558.00 001-4202-4317 -100.00 PORTABLE CLEAN ROOM FOR WARPPING ITEMS2002925-2029022 CC 001-3104-5405 655.48 001-3104-5405 62.27 SANDWICHES FOR STAFF2099988 CC 001-4601-4308 370.00 WATER TUMBLER FOR TAI & WHITNEY2793076463 CC 001-4101-4305 25.00 001-4201-4305 25.00 001-4101-4305 2.38 001-4201-4305 2.37 MEMBERSHIP FEE/MARAVILLA300001766 CC 001-1121-4315 200.00 MEMBERSHIP RENEWAL FOR SANCLEMENTE3346619 CC 001-4202-4315 603.00 OFFICE SUPPLIES4943875-5605069 CC 001-1121-4305 34.87 001-1121-4305 3.31 SAFETY INFORMATION FOR THE CITY YARD5342528-9445002 CC 001-4202-4305 79.88 001-4202-4305 7.59 OFFICE SUPPLIES62443244-2313036 CC 001-4202-4305 411.82 001-4202-4305 28.95 CODE ENFORCEMENT DESK SIGN676477 CC 001-4201-4305 34.78 001-4201-4305 2.66 BARRICADE RENTAL/FEB236863395 CC 001-3104-4309 7.28 ST. PATRICK'S DAY PARADE DECOR723045868 CC 001-4601-4308 104.81 001-4601-4308 11.86 MONITOR ARM7521400-9728248 CC 001-1121-4305 118.99 001-1121-4305 11.30 55 03/15/2023 Check Register CITY OF HERMOSA BEACH 9 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102124 3/15/2023 (Continued)SBCU VISA03353 LOGITECH MOUSE PAD FOR J WHITNEY7615559-0294630 CC 001-4101-4305 11.98 001-4101-4305 1.13 LABELS&PAPER/PLANNING COMMISSION MAILERS8168855-1951422 CC 001-4101-4305 28.90 001-4101-4305 2.75 RENEWAL OF QSP CERTIFICATION/HOLST887855 CC 001-4202-4315 125.00 RENEWAL OF CA PE LICENSE/HOLST93280 CC 001-4202-4315 180.00 SAFETY INFORMATION FOR THE CITY YARD9916321-8837046 CC 001-4202-4305 338.97 001-4202-4305 32.20 OFFICE CHAIR FOR CDD DIRECTOR TAI9947147-6373042 CC 001-4101-4305 379.99 001-4101-4305 36.10 ST. PATRICK'S DAY PARADE REGISTRATIONBD2098 CC 001-4601-4308 103.00 MEMBERSHIP FEE/MARAVILLAID#37253 CC 001-1121-4315 185.00 SENIOR CENTER MOVIES&MUSIC/FEB23ML0GGN1BZ3 CC 001-4601-4328 10.99 SENIOR CENTER CLOUD STORAGE/FEB23ML0GH6W5ZZ CC 001-4601-4328 0.99 DINNER FOR PLANNING STAFF BEFORE MEETINGPO 39192 001-4101-4305 99.22 001-4101-4305 8.33 ROCKS FOR CENTER MEDIAN ON HERMOSA AVERS-I12733 CC 001-6101-4309 318.72 001-6101-4309 32.67 Total : 6,897.1303353 102125 3/15/2023 SHERWIN-WILLIAMS Acct 4251-1921-1 PAINTING SUPPLIES/FEB2317903 001-3104-4309 139.94 001-4204-4309 228.54 Total : 368.4817903 102126 3/15/2023 SIERRA GROUP 140508 CAMERA SOFTWARE GETCURRENT AGREEMENT19150 56 03/15/2023 Check Register CITY OF HERMOSA BEACH 10 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102126 3/15/2023 (Continued)SIERRA GROUP19150 715-2101-4201 2,431.67 SOFTWARE LICENSE RENEWAL FOR CAMERAS140509 715-2101-4201 3,239.63 Total : 5,671.3019150 102127 3/15/2023 SOURCE GRAPHICS INC 125369 ANNUAL MAINT AGREEMENT FOR PLOTTER13761 715-1206-4201 1,644.80 ANNUAL MAINT AGREEMENT FOR SCANNER125382 715-1206-4201 1,895.00 Total : 3,539.8013761 102128 3/15/2023 SOUTHERN CALIFORNIA NEWS GROUP Stmt 0000558701 LEGAL NOTICES/JAN2319623 001-1121-4201 1,474.20 MR#632707 LEGAL AD PUBLICATION 2.3.23Stmt#0000560398 001-1121-4323 553.24 Total : 2,027.4419623 102129 3/15/2023 SPCALA 2023-02 ANIMAL SHELTERING SERVICES/FEB2318821 001-3302-4201 661.00 Total : 661.0018821 102130 3/15/2023 SPECIALIZED ELEVATOR SERVICES 37455 PARKING STRUCTURE ELEVATOR MAINT/JAN2221538 001-3304-4201 183.40 CITY HALL ELEVATOR MAINT/JAN2237456 001-4204-4201 183.40 PARKING STRUCTURE ELEVATOR MAINT/MAR2354216 001-3304-4201 190.06 CITY HALL ELEVATOR MAINT/MAR2354217 001-4204-4201 190.06 Total : 746.9221538 102131 3/15/2023 SPECTRUM BUSINESS 8448 30 030 0350359 1301 HERMOSA/RRC CONNECTION/MAR2320236 001-2101-4304 149.99 Total : 149.9920236 102132 3/15/2023 UNDERGROUND SERVICE ALERT 220230314 UNDERGROUND SERVICE ALERT/FEB2308207 160-3102-4201 87.00 SAFE EXCAVATION FEE/FEB2322-2302997 160-3102-4201 36.61 57 03/15/2023 Check Register CITY OF HERMOSA BEACH 11 5:49:43PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 123.61 102132 3/15/2023 UNDERGROUND SERVICE ALERT08207 102133 3/15/2023 UNITED SITE SERVICES 114-13528188 TOILET RENTAL/SOUTH PARK/FEB2318753 301-8669-4201 1,878.46 PORTA POTTIES@SOUTH PARK FOR HBSD/FEB23INV-00187835 301-8669-4201 659.47 Total : 2,537.9318753 102134 3/15/2023 UPTIME COMPUTER SERVICE 32728 MONTHLY PRINTER MAINTENANCE/APR2304768 715-1206-4201 587.38 Total : 587.3804768 102135 3/15/2023 YANG, ANN PO3 9194 REIMB FOR COUNCIL MEETING DINNER 2-27-2318707 001-1101-4305 92.68 Total : 92.6818707 102136 3/15/2023 ZUBER, BRENT PO 39155 MEALS AT USE OF FORCE INSTRUCTOR SCHOOL21393 001-2101-4312 225.00 Total : 225.0021393 6975667 2/1/2023 DEPT OF HEALTH CARE SRVS/GEMT GEM0323AE4Y QUALITY ASSURANCE FEE OCT-DEC2221347 001-1201-4251 6,804.00 Total : 6,804.0021347 Bank total : 155,184.95 64 Vouchers for bank code :boa 155,184.95Total vouchers :Vouchers in this report 64 58 03/15/2023 Check Register CITY OF HERMOSA BEACH 12 5:49:43PM 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 12 inclusive, of the check register for 3/15/2023 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/15/2023 59 03/22/2023 Check Register CITY OF HERMOSA BEACH 1 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102137 3/22/2023 ADMINISTRATIVE SERVICES CO OP 230227 TAXI VOUCHER PROGRAM - CARDS/FEB2311437 145-3404-4201 1,936.06 145-3853 -91.00 Total : 1,845.0611437 102138 3/22/2023 AQUA FLO SI12074675 MAT REQ 938767 IRRIGATION SUPPLIES09366 001-6101-4309 116.69 MAT REQ 938765 IRRIGATION SUPPLIESSI2074358 001-6101-4309 147.27 MAT REQ 938766 IRRIGATION SUPPLIESSI2074360 001-6101-4309 193.17 Total : 457.1309366 102139 3/22/2023 AT&T 960 461-1985 555 7 PD COMPUTER CIRCUITS/MAR2300321 001-2101-4304 240.54 Total : 240.5400321 102140 3/22/2023 AT&T MOBILITY 287298411168X0310202 PD/CSO CELL PHONES/LPR CAMERAS/FEB2313361 001-2101-4304 1,557.64 001-3302-4304 85.52 715-2101-4201 117.60 EOC MANAGER CELL PHONE/FEB23287301168383X0310202 001-1201-4304 49.24 Total : 1,810.0013361 102141 3/22/2023 BEST BEST & KRIEGER LLP 960461 CITY ATTNY SVS/GENERAL/FEB2320942 001-1131-4201 20,171.50 CITY ATTNY SVS/PUB RECORDS REQ/FEB23960462 001-1131-4201 3,800.00 CITY ATTNY SVS/LAND USE/FEB23960463 001-1131-4201 1,086.50 CITY ATTNY SVS/FANGARY V CITY HB/FEB23960464 705-1133-4201 12,378.07 CITY ATTNY SVS/HBPO ASSOC/FEB23960466 705-1133-4201 4,147.00 CITY ATTNY SVS/ICRMA V CITY HB/FEB23960467 705-1133-4201 4,583.00 CITY ATTNY SVS/TELECOMMUNICATIONS/FEB23960468 Attachment 2 60 03/22/2023 Check Register CITY OF HERMOSA BEACH 2 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102141 3/22/2023 (Continued)BEST BEST & KRIEGER LLP20942 001-1131-4201 4,962.50 CITY ATTNY SVS/PW CONSTRUCTION/FEB23960469 001-1131-4201 19,320.00 Total : 70,448.5720942 102142 3/22/2023 BOB BARKER COMPANY, INC.INV1880898 PRISONER MATERIALS08763 001-2101-4306 50.61 001-2101-4306 4.82 Total : 55.4308763 102143 3/22/2023 BROMBEREK, CLARENCE S Parcel 4185 002 018 STREET LIGHT & SEWER TAX REBATE/FY2320475 001-6871 132.93 105-3105 24.61 Total : 157.5420475 102144 3/22/2023 CAPITAL WHOLESALE LIGHTING 465917 MAT REQ 854244 ELECTRICAL MAINT SUPPLIES21720 105-2601-4309 889.72 Total : 889.7221720 102145 3/22/2023 DIGENOVA, NICOLAS PO39236 MEAL FOR FIREARM TRAINING 3.31.2322862 001-2101-4317 15.00 REIMBURSEMENT/FIREARMS TRAININGPO39237 001-2101-4317 330.00 Total : 345.0022862 102146 3/22/2023 DONNOE & ASSOCIATES, INC 9840 HR/APPLICANT TEST RENTALS FOR PSO 3/9/2317868 001-1203-4201 580.00 Total : 580.0017868 102147 3/22/2023 EAN SERVICES LLC Citation#43018686 OVER PAYMENT REFUND17120 001-3302 83.00 Total : 83.0017120 102148 3/22/2023 FEDERAL EXPRESS CORP 8-071-05307 MAT REQ 938980 SHIPPING SERVICES01962 001-1203-4305 153.00 Total : 153.0001962 102149 3/22/2023 FEDEX OFFICE 101600014866 MAT REQ 768535 PRINTING SVS FOR COUNCIL06293 001-1101-4305 3.78 61 03/22/2023 Check Register CITY OF HERMOSA BEACH 3 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102149 3/22/2023 (Continued)FEDEX OFFICE06293 MAT REQ 768535 PRINTING SVS FOR COUNCIL101600014930 001-1101-4305 7.56 MAT REQ 768535 PRINTING SVS FOR COUNCIL63763ED44C30 001-1101-4305 2.63 MAT REQ 768535 PRINTING SVS FOR COUNCIL7F963ED44DA0 001-1101-4305 2.63 MAT REQ 768535 PRINTING SVS FOR COUNCILBD463ED44EO0 001-1101-4305 2.63 MAT REQ 768535 PRINTING SVS FOR COUNCILE1563ED44B20 001-1101-4305 2.63 Total : 21.8606293 102150 3/22/2023 FRANCO, MATTHEW PO39238 SUPERVISORY COURSE MEALS/4.10-4.21.2320265 001-2101-4312 150.00 Total : 150.0020265 102151 3/22/2023 FRANCOIS, DEAN PO 39239 REIMB/AGENDA PACKET PRINTING 2.28.2322778 001-1101-4305 18.90 001-1101-4305 1.80 TR953 CLOSEOUT/CA CITIES ACADEMY FEB 1-3PO 39240 001-1101-4317 56.92 TR959 CLOSEOUT/ICA SEMINAR FEB 3-5, 2023PO 39241 001-1101-4317 132.31 REIMBURSEMENT PARKING@LEAGUE MEETINGPO 39242 001-1101-4315 10.00 Total : 219.9322778 102152 3/22/2023 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/MAR2319884 001-2101-4304 921.48 Total : 921.4819884 102153 3/22/2023 FRONTIER 323-155-6779-0822065 FIBER OPTIC LINE/MAR2319884 715-1206-4201 227.44 Total : 227.4419884 102154 3/22/2023 GALLATIN INVESTIGATIONS 2023-001 NEW EMPLOYEE BACKGROUND CHECKS22096 001-2101-4201 3,926.22 NEW EMPLOYEE BACKGROUND CHECKS2023-002 62 03/22/2023 Check Register CITY OF HERMOSA BEACH 4 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102154 3/22/2023 (Continued)GALLATIN INVESTIGATIONS22096 001-2101-4201 3,981.33 Total : 7,907.5522096 102155 3/22/2023 GODINEZ, VANESSA PO 39211 MARIE CALENDARS PI DAY REIMBURSEMENT22574 001-1203-4305 245.88 Total : 245.8822574 102156 3/22/2023 GRAINGER 9644379456 MAT REQ 632604/MAINTENANCE SUPPLIES10836 161-3109-4309 333.82 Total : 333.8210836 102157 3/22/2023 HAJOCA CORPORATION S167657407.001 MAT REQ 938764 PLUMBING SUPPLIES13330 001-6101-4309 75.63 Total : 75.6313330 102158 3/22/2023 HERNDON RECOGNITION 4558247 EMPLOYEE SERVICE RECOGNITION GIFT10517 001-1203-4305 1,375.04 Total : 1,375.0410517 102159 3/22/2023 IK CONSULTING, LLC IK-HB0223 ACCELA CONSULTING SERVICES/FEB2322222 715-4201-4201 72.50 Total : 72.5022222 102160 3/22/2023 JACKSON, RAYMOND PO 39245 TR 951 CLOSEOUT/LEGISLATIVE TOUR JAN8-1121776 001-1101-4317 949.69 TR960 CLOSEOUT/SACRAMENTO MEETING JAN 29PO 39246 001-1101-4317 124.65 TR956 CLOSEOUT/ICA SEMINAR FEB 3-5, 2023PO 39247 001-1101-4317 134.93 TR952 CLOSEOUT/MAYOR CONF JAN 16-20,2023PO 39270 001-1101-4317 1,838.57 Total : 3,047.8421776 102161 3/22/2023 JOHNSON CONTROLS FIRE PROTECTI 23410850 ANNUAL FIRE ALARM MONITORING/COMM CTR13061 001-4204-4321 853.51 Total : 853.5113061 102162 3/22/2023 LA CO SHERIFFS DEPARTMENT 232277BL MAT REQ 939377/INMATE MEALS/FEB2300151 001-2101-4306 244.40 63 03/22/2023 Check Register CITY OF HERMOSA BEACH 5 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 244.40 102162 3/22/2023 LA CO SHERIFFS DEPARTMENT00151 102163 3/22/2023 LA UNIFORMS & TAILORING INC 15028 MAT REQ 838587 PD UNIFORMS/JULIEN20771 001-2101-4314 13.23 MAT REQ 838587 PD UNIFORMS/YOUNG15044 001-2101-4314 52.92 MAT REQ 838587 PD UNIFORMS/SORIANO15164 001-3302-4314 793.45 MAT REQ 838587 PD UNIFORMS/FLORES15165 001-2101-4314 88.09 MAT REQ 838587 PD UNIFORMS/LEBARON15234 001-2101-4314 67.61 Total : 1,015.3020771 102164 3/22/2023 LAURA MECOY COMMUNICATIONS LLC 2223 PUBLIC INFORMATION OFFICER SVS/FEB2320347 001-1201-4201 6,524.19 157-2702-4201 675.81 Total : 7,200.0020347 102165 3/22/2023 LAW OFFICE OF C PATRICK HAMBLI 8143 PERSONNEL LEGAL SVS/BONANO/FEB2322299 001-1203-4201 173.25 Total : 173.2522299 102166 3/22/2023 LSA ASSOCIATES, INC.187400 BIOLOGICAL SERVICES FOR BIRD SURVEY22801 115-8195-4201 1,567.05 Total : 1,567.0522801 102167 3/22/2023 MARK'S LOCK AND SAFE, INC.0000036364 MAT REQ 874084/PW ADMIN SECURITY KEYS11919 001-1202-4305 84.73 Total : 84.7311919 102168 3/22/2023 MARQUEZ-VIRAMONTES, MARIA PO 39250 MEAL WHILE AT TRAINING COURSE 3.15.2322038 001-2101-4314 15.00 Total : 15.0022038 102169 3/22/2023 NAKAMOTO, JOSHUA PO 39251 REIMBURSEMENT/FIREARMS TRAINING 3.31.2322053 001-2101-4317 330.00 Total : 330.0022053 102170 3/22/2023 NETRIX LLC CI-005246 IT SUPPORT SERVICES/FEB2311539 64 03/22/2023 Check Register CITY OF HERMOSA BEACH 6 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102170 3/22/2023 (Continued)NETRIX LLC11539 715-1206-4201 16,364.21 Total : 16,364.2111539 102171 3/22/2023 NV5, INC 315817 GREENWICH VILLAGE UUAD/JAN2321033 001-2133 2,177.50 GREENWICH VILLAGE UUAD/FEB23320073 001-2133 1,702.50 Total : 3,880.0021033 102172 3/22/2023 ODP BUSINESS SOLUTIONS, LLC 303426574001 MAT REQ 838585/OFFICE SUPPLIES13114 001-2101-4305 56.46 MAT REQ 838586/OFFICE SUPPLIES303747766001 001-2101-4305 62.51 Total : 118.9713114 102173 3/22/2023 OLYMPIC AUTO CENTER 14414 MAT REQ 938741/AUTO REPAIR HB-500093 715-2101-4311 130.00 MAT REQ 938743/AUTO REPAIR HB1K914415 715-2101-4311 2,963.97 Total : 3,093.9700093 102174 3/22/2023 PARS 52612 ALT RETIREMENT PLAN ADMIN FEES/JAN2314693 001-1101-4112 7.24 001-1141-4112 1.21 001-1201-4112 2.41 001-1204-4112 7.24 001-2101-4112 2.41 001-3302-4112 18.10 001-4101-4112 8.45 001-4201-4112 4.83 001-4202-4112 9.66 001-4601-4112 59.14 Total : 120.6914693 102175 3/22/2023 PLATA, YUNUEN PO 39252 MILEAGE REIMBURSEMENT/CLI TRAINING18411 001-2101-4317 106.63 Total : 106.6318411 102176 3/22/2023 PUBLIC SAFETY ALLIANCE PO 39253 CONTRABAND CONCEALMENT COURSE/MARQUEZ18899 65 03/22/2023 Check Register CITY OF HERMOSA BEACH 7 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102176 3/22/2023 (Continued)PUBLIC SAFETY ALLIANCE18899 001-2101-4314 150.00 Total : 150.0018899 102177 3/22/2023 RIO HONDO COMMUNITY COLLEGE PO 39254 POST SUPERVISORY COURSE/FRANCO01070 001-2101-4312 228.00 Total : 228.0001070 102178 3/22/2023 RJ PRINTING & PROMOTIONAL 1072 EXCEPTION SLIPS21153 001-2101-4305 706.98 001-2101-4305 61.96 BUSINESS CARDS/SCHEID1084 001-2101-4201 38.49 001-2101-4201 19.45 Total : 826.8821153 102179 3/22/2023 RJM DESIGN GROUP, INC.35517 PARKS MASTER PLAN MGMT SVS/JAN2322870 301-8538-4201 10,765.28 Total : 10,765.2822870 102180 3/22/2023 ROBINSON, JOAN Parcel 4186 018 015 STREET LIGHT & SEWER TAX REBATE/FY2316276 001-6871 132.93 105-3105 24.61 Total : 157.5416276 102181 3/22/2023 ROCKLER WOODWORKING & HARDWARE 10467535 MAT REQ 632552 MAINTENANCE SUPPLIES22669 105-2601-4309 497.63 Total : 497.6322669 102182 3/22/2023 SBCU VISA 00129 CC CALPAC MEMBERSHIP RENEWAL03353 001-2101-4315 100.00 NEW EMPLOYEE BANQUET BEVERAGES00962929 CC 001-2101-4305 65.72 001-2101-4305 4.69 WATER FOR COMMUNITY POLICE ACADEMY00982152 CC 001-3302-4201 19.47 PD WATER DELIVERY/FEB2303B0034513168 CC 001-2101-4305 612.70 CAPE CONFERENCE/SMITH12014 CC 001-2101-4317 350.00 66 03/22/2023 Check Register CITY OF HERMOSA BEACH 8 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102182 3/22/2023 (Continued)SBCU VISA03353 ACCIDENTAL PERSONAL CHARGE1678581 CC 001-2101-4317 180.74 TESLA MODEL Y FLOOR & TRUNK MATS2125112 CC 715-2101-4311 315.94 715-2101-4311 22.91 CLEANING MATERIALS2152684-7191464 CC 001-2101-4305 20.89 001-2101-4305 1.98 DETECTIVE JACKET/MCDERMOTT22718378 CC 001-2101-4314 97.59 DETECTIVE JACKETS/BLUMENFIELD & ZUBER22924130 CC 001-2101-4314 132.99 001-2101-4314 12.16 SUPERCHARGER FEES/JAN233000D0009792725 CC 715-2101-4311 102.36 SUPERCHARGER FEES/FEB233000D0010278905 CC 715-2101-4311 92.23 SUMMIT REGISTRATION/LEBARON349920 CC 001-2101-4317 220.00 OFFICE MATERIALS4798344-5001855 CC 001-2101-4305 109.60 001-2101-4305 26.36 LUNCH MEETING W/ CHIEF TOMATANI4837550058 CC 001-2101-4305 111.62 CABINET FOR COURT LIASON6910948-2771409 CC 001-2101-4305 173.99 001-2101-4305 16.53 TESLA HANDS FREE DEVICE ACCESSORY7962538-733057 CC 715-2101-4311 29.99 715-2101-4311 2.85 FTO COURSE MAR 20-22,2023/DOVE8196212 CC 001-2101-4317 466.03 MATERIALS FOR NEW EMPLOYEE BANQUET869031 CC 001-2101-4305 15.10 001-2101-4305 1.43 OFFICE MATERIALS8776447-9241828 CC 001-2101-4305 100.97 001-3302-4305 116.28 67 03/22/2023 Check Register CITY OF HERMOSA BEACH 9 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102182 3/22/2023 (Continued)SBCU VISA03353 001-2101-4305 9.59 001-3302-4305 11.05 MATERIALS FOR BRIEFING ROOM8864545-3041813 CC 001-3302-4305 15.98 001-3302-4305 1.52 LUNCH MEETING WITH CPAB MEMBER932822 CC 001-2101-4305 86.65 COMMUNITY POLICE ACADEMY DINNER975797 CC 001-3302-4201 163.96 CATERING FOR NEW EMPLOYEE BANQUET990864 CC 001-2101-4305 1,236.25 COMMUNITY POLICE ACADEMY DINNERFEB 21,2023 CC 001-3302-4201 124.00 COMMUNITY POLICE ACADEMY DINNERFEB 28,2023 001-3302-4201 61.20 FASTRAK ACCOUNT REPLENISHMENT/FEB23FEB2023 001-2101-4305 200.00 INTERVIEW&INTERROGATION CLASS/BLUMENFIELIV00679 CC 001-2101-4317 575.00 MODEL Y GLASS ROOF SHADEKD9444T6MN4 CC 715-2101-4201 120.00 715-2101-4201 11.40 ADDITIONAL STORAGE SCHEID/FEB23MSM5V6VF4H CC 001-2101-4305 0.99 ADDITIONAL STORAGE LEBARON/JAN23MXG1LQ4B6H CC 001-2101-4305 2.99 ADDITIONAL STORAGE LEBARON/FEB23MXG1NM27KY CC 001-2101-4305 2.99 COURT LIASON KEYBOARD TRAYPO39086 CC 001-2101-4305 359.00 001-2101-4305 34.11 CSO JACKETSWB1444145742 CC 001-3302-4314 425.19 001-3302-4314 40.39 Total : 7,005.3803353 102183 3/22/2023 SHAW HR CONSULTING INC 007473 HR CONSULT SVS/FEB2318335 001-1203-4201 122.50 68 03/22/2023 Check Register CITY OF HERMOSA BEACH 10 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 122.50 102183 3/22/2023 SHAW HR CONSULTING INC18335 102184 3/22/2023 SMITH, STARLA PO 39257 MEALS FOR CAPE CONFERENCE/APR 3-7, 202313776 001-2101-4317 75.00 Total : 75.0013776 102185 3/22/2023 SOCAL GAS 170-781-3287 9 YARD CNG FUEL/FEB2300170 715-3104-4310 140.97 715-4204-4310 140.98 715-6101-4310 140.98 Total : 422.9300170 102186 3/22/2023 SOCAL GAS 011 004 5767 8 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 45.86 Total : 45.8600170 102187 3/22/2023 SOUTH BAY REGIONAL PUBLIC COMM 04302 DISPATCH SERVICES Q4 FY2308812 001-2101-4251 179,581.00 001-3302-4251 19,953.50 Total : 199,534.5008812 102188 3/22/2023 SPECIALIZED ELEVATOR SERVICES 53989 PARKING STRUCTURE ELEVATOR REPAIR21538 001-3304-4201 1,142.00 Total : 1,142.0021538 102189 3/22/2023 SPRINT 551834312-255 COMM RES CELL PHONES/FEB2310098 001-4601-4304 60.40 001-4601-4304 10.84 Total : 71.2410098 102190 3/22/2023 STAFFORD HR CONSULTING, LLC 06-009 HR CONSULT SVS/FEB2322586 001-1203-4201 1,200.00 Total : 1,200.0022586 102191 3/22/2023 STERLING ADMINISTRATION 685543 FSA ACCOUNT FUNDING22836 001-1203-4201 6,441.66 Total : 6,441.6622836 102192 3/22/2023 TURBODATA SYSTEMS, INC.39336 TICKETPRO SUPPORT & SOFTWARE/JAN-APR2320670 001-3302-4201 3,750.00 69 03/22/2023 Check Register CITY OF HERMOSA BEACH 11 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 3,750.00 102192 3/22/2023 TURBODATA SYSTEMS, INC.20670 102193 3/22/2023 VERIZON BUSINESS SERVICES 72489479 VOIP PHONES/CITY HALL & PD/JAN2318666 001-1101-4304 18.02 001-1121-4304 46.11 001-1132-4304 13.38 001-1141-4304 26.75 001-1201-4304 123.65 001-1208-4304 6.01 001-2101-4304 396.37 001-4101-4304 80.18 001-4201-4304 98.20 001-4202-4304 160.45 001-4204-4321 13.35 160-3102-4201 13.38 715-1206-4304 13.35 001-1202-4304 64.22 001-1203-4304 53.41 001-1204-4304 80.23 Total : 1,207.0618666 102194 3/22/2023 VERIZON WIRELESS 9929835375 COMM DEV CELL PHONES/FEB2303209 001-4201-4304 132.53 Total : 132.5303209 102195 3/22/2023 VERONICA TAM & ASSOCIATES, INC 3207 HOUSING ELEMENT UPDATE SVS/OCT-DEC2222824 150-4108-4201 1,800.00 Total : 1,800.0022824 102196 3/22/2023 WESTERN GRAPHIX 57749 EMPLOYEE ID CARDS02873 001-1203-4305 709.20 001-1203-4201 709.19 001-1203-4305 61.71 001-1203-4201 61.70 Total : 1,541.8002873 102197 3/22/2023 WILLDAN ENGINEERING 00228399 STAFF AUGMENTATION FOR COMM DEV/FEB2310703 001-4201-4201 8,456.25 Total : 8,456.2510703 70 03/22/2023 Check Register CITY OF HERMOSA BEACH 12 5:16:03PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102198 3/22/2023 WILLDAN FINANCIAL SERVICES 010-53545 FY22 SB1029 CDIAC REPORT PREP & FILING15188 001-1202-4201 500.00 Total : 500.0015188 102199 3/22/2023 ZUMAR INDUSTRIES INC 99068 MAT REQ 854445/STREET SIGN MAINTENANCE01206 001-3104-4309 963.11 MAT REQ 854447/STREET SIGN MAINTENANCE99104 001-3104-4309 624.82 MAT REQ 854446/STREET SIGN MAINTENANCE99105 001-3104-4309 624.82 Total : 2,212.7501206 Bank total : 375,118.46 63 Vouchers for bank code :boa 375,118.46Total vouchers :Vouchers in this report 63 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 12 inclusive, of the check register for 3/22/2023 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/22/2023 71 03/27/2023 Check Register CITY OF HERMOSA BEACH 1 2:19:01PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102200 3/27/2023 SBCU VISA 0E2A7ECB-0013 CC SOCIAL MEDIA MGMT SUBSCRIPTION03353 001-1201-4201 79.00 ACCESSORIES FOR LOANER LAPTOPS1542027-2091449 CC 715-1206-5401 79.93 715-1206-5401 7.59 SUBSCRIPTION/NO-CODE DATABASE/MAR233C711A9D-0006 CC 715-1206-4201 96.00 CITY COUNCIL DINNER 2.28.23654009135 CC 001-1101-4305 372.08 CITY JACKETS FOR HR STAFF68180 CC/PO39078 001-1203-4305 156.45 VALENTINES DAY BREAKFAST BEVERAGES957027 CC 001-1203-4305 121.86 2023 VIRTUAL CONFERENCE969927 CC 001-1203-4305 150.00 ESIGNATURE SUBSCRIPTION PRORATED REFUNDCREDIT33907675 CC 001-1121-4201 -170.96 ST PAT'S DAY PARADE REGISTRATIONEEC94C CC 001-1101-4319 721.00 EMPLOYEE VALENTINES DAY BREAKFASTFeb 14,2023 001-1203-4305 715.00 4 TICKETS FOR ANNUAL GALA/CM & COUNCILPO39002 CC 001-1101-4319 400.00 TICKET FOR ANNUAL GALA/MASSEYPO39116 CC 001-1101-4319 100.00 MEMBERSHIP MEETING REGISTRATION/FRANCOISPO39187 CC 001-1101-4315 50.00 CITY MANAGER LUNCH MEETINGR#988081 CC 001-1201-4305 24.09 CAL OSHA POSTERSSO1713264 CC 001-1203-4305 211.29 HOTEL&BFAST/CA CITIES CM CONF/LOWENTHALTR943 CC 001-1201-4317 558.86 DINNER 2.9/CA CITIES CM CONF/LOWENTHALTR943 CC 001-1201-4317 50.00 LUNCH 2.10/CA CITIES CM CONF/LOWENTHALTR943 CC 001-1201-4317 35.63 HOTEL&DINNER/CA CITIES ACADEMY/FRANCOISTR953 CC Attachment 3 72 03/27/2023 Check Register CITY OF HERMOSA BEACH 2 2:19:01PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102200 3/27/2023 (Continued)SBCU VISA03353 001-1101-4317 1,239.64 CA CITIES ACADEMY/LUNCH 2.1.23/LOWENTHALTR955 CC 001-1201-4317 45.99 HOTEL&BFAST/CA CITIES ACADEMY/LOWENTHALTR955 CC 001-1201-4317 858.98 LODGING/ICA SEMINAR FEB 3-5,2023/JACKSONTR956 CC 001-1101-4317 1,158.56 HOTEL&BFAST2.5.23/ICA SEMINAR/LOWENTHALTR957 CC 001-1201-4317 710.40 HOTEL/ICA SEMINAR FEB3-5,2023/FRANCOISTR959 CC 001-1101-4317 703.42 Total : 8,474.8103353 Bank total : 8,474.81 1 Vouchers for bank code :boa 8,474.81Total vouchers :Vouchers in this report 1 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 2 inclusive, of the check register for 3/27/2023 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/27/23 73 03/29/2023 Check Register CITY OF HERMOSA BEACH 1 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102201 3/29/2023 ASPEN ENVIRONMENTAL GROUP 3465.001-21 TRANSPACIFIC FIBER OPTIC EIR/FEB2308614 001-2108 15,088.75 Total : 15,088.7508614 102202 3/29/2023 AT&T 000019656770 PD COMPUTER CIRCUITS/MAR2300321 001-2101-4304 140.14 Total : 140.1400321 102203 3/29/2023 AT&T MOBILITY 287016141723X0212023 PW CELL PHONES/TABLETS/JAN2313361 001-4202-4304 193.00 PW&CD DIRECTOR CELL PHONE/TABLETS/FEB23287016141723X0314202 001-4202-4304 585.00 001-4201-4304 114.73 Total : 892.7313361 102204 3/29/2023 BARROWS, PATRICK PO39216 INSTRUCTOR PYMTS CLASSES THRU 3.18.2317271 001-4601-4221 2,402.40 INSTRUCTOR PYMTS CLASSES THRU 3.28.23PO39285 001-4601-4221 2,254.00 Total : 4,656.4017271 102205 3/29/2023 BEACH KIDS YOGA PO39207 INSTRUCTOR PAYMENT - CLASS 1041722742 001-4601-4221 286.36 Total : 286.3622742 102206 3/29/2023 BEAN, SHIHO Parcel 4188 012 082 STREET LIGHT TAX REBATE/FY2317196 105-3105 24.61 Total : 24.6117196 102207 3/29/2023 BEECASSO LIVE BEE REMOVAL INC 3289 BEE REMOVAL ON GREENBELT @30TH20705 001-6101-4201 425.00 Total : 425.0020705 102208 3/29/2023 BEEDY, JIM PO39232 DISPOSAL OF TIRES FROM CITY YARD21282 715-4206-4201 400.00 Total : 400.0021282 102209 3/29/2023 BLUE DIAMOND MATERIALS 3087016 MAT REQ 768996/ASPHALT/EMULSION BUCKETS06409 001-3104-4309 199.78 Attachment 4 74 03/29/2023 Check Register CITY OF HERMOSA BEACH 2 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 199.78 102209 3/29/2023 BLUE DIAMOND MATERIALS06409 102210 3/29/2023 BRUBAKER, ISABEL Parcel 4183 005 062 STREET LIGHT & SEWER TAX REBATE/FY2315010 001-6871 132.93 105-3105 24.61 Total : 157.5415010 102211 3/29/2023 CANON SOLUTIONS AMERICA, INC 6003103338 COPIER MAINT/PW ADMIN/OCT22-JAN2310838 001-1208-4305 227.73 Total : 227.7310838 102212 3/29/2023 CARPET SPECTRUM, INC.PO38469/PO38902 FLOORING/PD BRIEFING AREA&RESTROOMS08909 001-2101-4201 9,949.00 001-2101-4201 1,762.00 Total : 11,711.0008909 102213 3/29/2023 CDWG HH62585 REPLACEMENT PRINTER FOR BASE 309632 715-3302-5401 349.00 715-3302-5401 52.53 MICROSOFT OFFICE 365 ANNUAL RENEWALHP33615 715-1206-4201 50,434.64 Total : 50,836.1709632 102214 3/29/2023 CHARGEPOINT INC IN181416 2023 SUBSCRIPTION/EV CHARGERS @CITY HALL18400 001-3104-4201 690.00 Total : 690.0018400 102215 3/29/2023 COLANTUONO, HIGHSMITH &51007 LEGAL SVS/UUT LAWSUIT/FEB2221871 705-1133-4201 203.56 Total : 203.5621871 102216 3/29/2023 COLLINS, DENNIS L.PO39218 INSTRUCTOR PYMTS CLASSES THRU 3.5.2305970 001-4601-4221 4,543.00 Total : 4,543.0005970 102217 3/29/2023 COMPLETES PLUS Cust#284080 VEHICLE MAINT/REPAIR PARTS/FEB2309436 715-2101-4311 575.41 715-2601-4311 143.36 715-3302-4311 -199.48 75 03/29/2023 Check Register CITY OF HERMOSA BEACH 3 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 519.29 102217 3/29/2023 COMPLETES PLUS09436 102218 3/29/2023 COUNTY OF LOS ANGELES REPW23031304844 TRAFFIC SIGNAL MAINT ARTESIA BLVD/FEB2300879 001-3104-4251 193.10 Total : 193.1000879 102219 3/29/2023 DAVIS, CHRISTINA PO39219 INSTRUCTOR PYMTS CLASSES THRU 3.18.2322389 001-4601-4221 12,065.46 Total : 12,065.4622389 102220 3/29/2023 EVANS, MARLIN K.PO39208 INSTRUCTOR PYMTS CLASSES THRU 3.10.2315059 001-4601-4221 420.00 Total : 420.0015059 102221 3/29/2023 FJR PACIFIC, INC.26377 CITYWIDE PREVENTATIVE AC MAINT/FEB2321217 001-4204-4201 1,750.00 TROUBLESHOOT 2 AC UNITS26383 001-4204-4201 587.00 Total : 2,337.0021217 102222 3/29/2023 FLYING LION, INC.1431 LEASE FOR 2 DRONE KITS/FEB2321402 153-2106-4201 1,500.00 Total : 1,500.0021402 102223 3/29/2023 FRONTIER 20-188-4669-0714985 LANDLINES/COMPUTER LINKS/MAR2319884 001-3302-4304 105.60 001-2101-4304 769.55 001-4204-4321 261.28 001-4202-4304 74.93 001-3304-4304 63.36 001-1204-4304 72.21 715-1206-4304 1,606.98 Total : 2,953.9119884 102224 3/29/2023 FUJISAKI, RANDY PO39295 REGIONAL COYOTE MEETING LUNCH19474 001-3302-4201 479.94 Total : 479.9419474 102225 3/29/2023 GALLATIN INVESTIGATIONS 2023-0003 NEW EMPLOYEE BACKGROUND CHECKS22096 001-2101-4201 3,693.76 76 03/29/2023 Check Register CITY OF HERMOSA BEACH 4 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 3,693.76 102225 3/29/2023 GALLATIN INVESTIGATIONS22096 102226 3/29/2023 GLADWELL GOVERNMENTAL SERVICES 5147 PHASE 1 RECORD RETENTION SCHEDULE UPDATE22745 001-1121-4201 1,380.00 Total : 1,380.0022745 102227 3/29/2023 GRAINGER 9633848305 MAT REQ 938475/MAINTENANCE SUPPLIES10836 715-3104-4311 201.60 MAT REQ 632503/MAINTENANCE SUPPLIES9650710404 001-6101-4309 49.11 Total : 250.7110836 102228 3/29/2023 HARTZOG & CRABILL, INC.22-0442 TRAFFIC ENGINEERING SERVICES/JUL2214204 001-3104-4201 2,148.36 TRAFFIC ENGINEERING SERVICES/SEPT2222-0600 001-3104-4201 2,452.98 TRAFFIC ENGINEERING SERVICES/OCT2222-0658 001-3104-4201 2,511.42 Total : 7,112.7614204 102229 3/29/2023 HONDA MD INC, STEPHAN T 00150710 DETAINEE BLOOD DRAWS/JAN2315141 001-2101-4201 340.80 DETAINEE BLOOD DRAWS/FEB2300151815 001-2101-4201 63.60 Total : 404.4015141 102230 3/29/2023 INTERWEST CONSULTING GROUP INC 86350 DOWNTOWN PARKING STUDY/FEB2321849 001-1214-4322 3,430.00 Total : 3,430.0021849 102231 3/29/2023 KAEMERLE, KALYN TR950 PER DIEM/CA PARKS&REC CONF/APR 4-6,202322889 001-4601-4317 150.00 Total : 150.0022889 102232 3/29/2023 LA CO POLICE CHIEFS ASSOC PO39249 LACPCA ANNUAL DUES 202302428 001-2101-4315 500.00 Total : 500.0002428 102233 3/29/2023 LA SUPERIOR COURT - TORRANCE PO39288 CITATION PAYMENT SURCHARGES/FEB2300118 001-3302 41,571.40 77 03/29/2023 Check Register CITY OF HERMOSA BEACH 5 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 41,571.40 102233 3/29/2023 LA SUPERIOR COURT - TORRANCE00118 102234 3/29/2023 LEBARON, PAUL TR961 PER DIEM/LACPCA SPRING CONF APR 4-7,202322191 001-2101-4317 25.00 Total : 25.0022191 102235 3/29/2023 LIEBERT CASSIDY WHITMORE 236482 PERSONNEL LEGAL SVS/GENERAL/FEB2302175 001-1203-4201 2,016.00 PERSONNEL LEGAL SVS/FAULK/FEB23236484 001-1203-4201 7,427.30 PERSONNEL LEGAL SVS/BRUNN/FEB23236485 001-1203-4201 2,913.00 Total : 12,356.3002175 102236 3/29/2023 MAGNUM VENTURE PARTNERS PO39220 INSTRUCTOR PYMTS CLASSES THRU 3.18.2318274 001-4601-4221 5,236.00 Total : 5,236.0018274 102237 3/29/2023 MARK'S LOCK AND SAFE, INC.36367 EMERGENCY FRONT DOOR REPAIR AT CITY HALL11919 715-4204-4201 808.18 Total : 808.1811919 102238 3/29/2023 MESSENGER, JACK R20293 THEATRE DAMAGE DEPOSIT REFUND22102 001-2111 250.00 Total : 250.0022102 102239 3/29/2023 MONTROY SUPPLY COMPANY 1004355.00 WRAP FOR THE TICKET MACHINES22691 001-3104-4201 624.75 001-3104-4201 59.35 Total : 684.1022691 102240 3/29/2023 NICHOLS, LISA TR946 PER DIEM/CA PARKS&REC CONF/APR 4-6,202319509 001-4601-4317 150.00 Total : 150.0019509 102241 3/29/2023 NUVIS LANDSCAPE ARCHITECTURE 26215 PICKLEBALL COURT IMPROVEMENTS/NOV-DEC2218996 301-8619-4201 13,500.00 PICKLEBALL COURT IMPROVEMENTS/JAN2326274 301-8619-4201 1,040.00 78 03/29/2023 Check Register CITY OF HERMOSA BEACH 6 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 14,540.00 102241 3/29/2023 NUVIS LANDSCAPE ARCHITECTURE18996 102242 3/29/2023 ODP BUSINESS SOLUTIONS, LLC 300825933001 CHAIRS FOR BASE 313114 715-3302-5402 1,430.72 715-3302-5402 135.92 CABINETS FOR BRIEFING ROOM300928781001 001-2101-4201 1,156.24 001-2101-4201 179.83 OFFICE SUPPLIES300947383001 001-2101-4305 36.90 001-2101-4305 3.51 NEW OFFICE CHAIR FOR DENNIS HRBOKA301577144001 001-4202-4305 179.99 001-4202-4305 17.10 MAT REQ 838589/OFFICE SUPPLIES302560195001 001-2101-4305 32.37 MAT REQ 838589/OFFICE SUPPLIES302565906001 001-2101-4305 63.69 MAT REQ 632502/OFFICE SUPPLIES302694174001 001-4202-4305 94.40 MAT REQ 791096/OFFICE SUPPLIES302757042001 001-1208-4305 156.04 MAT REQ 939184/OFFICE SUPPLIES303233716001 001-4601-4305 82.15 MAT REQ 838586/OFFICE SUPPLIES305020125001 001-2101-4305 26.70 Total : 3,595.5613114 102243 3/29/2023 PARKS COFFEE CALIFORNIA, INC.70117033/PO37942 PD COFFEE SERVICE/MAR2322071 001-2101-4305 28.11 001-2101-4306 28.12 Total : 56.2322071 102244 3/29/2023 POMERANITZ, EFRAT G.PO39221 INSTRUCTOR PYMTS CLASSES THRU 3.18.2319853 001-4601-4221 2,142.00 Total : 2,142.0019853 102245 3/29/2023 RED SECURITY GROUP, LLC 76618 DOOR REPAIR @PARKING STRUCTURE13255 001-3304-4201 195.00 79 03/29/2023 Check Register CITY OF HERMOSA BEACH 7 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 195.00 102245 3/29/2023 RED SECURITY GROUP, LLC13255 102246 3/29/2023 REDONDO BEACH, CITY OF 577165 CITY PROSECUTOR SERVICES/FEB2303282 001-1132-4201 16,667.00 Total : 16,667.0003282 102247 3/29/2023 REGIONAL TAP SERVICE CENTER 6018875 SR BUS PASS SALES20061 145-3403-4251 20.00 Total : 20.0020061 102248 3/29/2023 RIO HONDO COMMUNITY COLLEGE S23-117-ZHRB RECRUIT TUITION/AGUIRRE&FLORES01070 001-2101-4317 2,379.00 Total : 2,379.0001070 102249 3/29/2023 SHATTUCK, NICK TR948 PER DIEM/CA PARKS&REC CONF/APR 4-6,202319508 001-4601-4317 150.00 Total : 150.0019508 102250 3/29/2023 SOUSA, BRIAN TR947 PER DIEM/CA PARKS&REC CONF/APR 4-6,202322890 001-4601-4317 150.00 Total : 150.0022890 102251 3/29/2023 SOUTHERN CALIFORNIA AUDIO 10839 MAT REQ 938749 WINDOW TINTING18178 715-2101-4311 259.16 Total : 259.1618178 102252 3/29/2023 SOUTHLAND FIRE ALARM GROUP INC 3151423 ANNUAL FIRE ALARM INSPECTION/COMM CTR16339 715-4204-4201 1,600.00 Total : 1,600.0016339 102253 3/29/2023 SPARKLETTS 4472788 032323 MR#939185 DRINKING WATER/COMM RES/MAR2300146 001-4601-4305 174.89 Total : 174.8900146 102254 3/29/2023 SPECTRUM BUSINESS 8448 30 030 0352413 1301 HERMOSA/540 PIER CONNECTION/MAR2320236 001-2101-4304 286.80 Total : 286.8020236 102255 3/29/2023 SPECTRUM BUSINESS 8448 30 030 0088884 PW YARD CABLE/APR2320236 001-4202-4201 161.66 80 03/29/2023 Check Register CITY OF HERMOSA BEACH 8 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 161.66 102255 3/29/2023 SPECTRUM BUSINESS20236 102256 3/29/2023 SPECTRUM BUSINESS 4888 30 030 0049969 PD CABLE/MAR2320236 001-2101-4201 81.90 Total : 81.9020236 102257 3/29/2023 SRK PROMOTIONAL ADVERTISING 4924 COMMUNITY POLICE ACADEMY POLOS15398 001-3301-4201 280.00 001-3301-4201 45.55 Total : 325.5515398 102258 3/29/2023 SUPER SOCCER STARS PO39222 INSTRUCTOR PYMTS CLASSES THRU 3.19.2316921 001-4601-4221 2,424.56 Total : 2,424.5616921 102259 3/29/2023 T & G GLOBAL 2604A-DEPOSIT HOLIDAY DECORATIONS FOR DOWNTOWN22434 001-3301-4201 6,890.00 HOLIDAY DECORATIONS FOR DOWNTOWN2604B-BALANCE 001-3301-4201 6,890.00 DOWNTOWN LIGHTING MAINTENANCE2732 001-1201-4201 2,850.00 Total : 16,630.0022434 102260 3/29/2023 TIREHUB LLC 33245634 MAT REQ 632855 VEHICLE TIRES21146 715-2101-4311 565.02 MAT REQ 632586 VEHICLE TIRES33245635 715-2101-4311 565.02 Total : 1,130.0421146 102261 3/29/2023 TRIANGLE HARDWARE Acct 1009 MAINTENANCE SUPPLIES/MAR2300123 001-3104-4309 902.53 001-6101-4309 2,401.88 105-2601-4309 2,135.24 715-4206-4309 477.03 001-2021 162.16 001-2022 -162.16 Total : 5,916.6800123 102262 3/29/2023 ULINE 160926353 EVIDENCE TAPE14007 001-2101-4305 40.00 81 03/29/2023 Check Register CITY OF HERMOSA BEACH 9 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102262 3/29/2023 (Continued)ULINE14007 001-2101-4305 17.98 Total : 57.9814007 102263 3/29/2023 UNION BANK OF CALIFORNIA, PARS #6746019200PO37944 PARS/OPEB CONTRIBUTIONS/MAR2314528 001-1101-4190 54.00 001-1121-4190 640.00 001-1201-4190 2,528.00 001-1202-4190 1,345.00 001-1203-4190 481.00 001-1204-4190 917.00 001-2101-4190 20,242.00 001-3104-4190 861.00 001-3301-4190 105.00 001-3302-4190 2,796.00 001-4101-4190 1,468.00 001-4201-4190 1,270.00 001-6101-4190 1,029.00 105-2601-4190 154.00 160-3102-4190 449.00 715-4206-4190 427.00 001-4202-4190 1,307.00 001-4204-4190 495.00 001-4601-4190 848.00 Total : 37,416.0014528 102264 3/29/2023 UNITED SITE SERVICES 14-13552001 TOILET RENTAL/SOUTH PARK/MAR2318753 301-8669-4201 1,878.46 Total : 1,878.4618753 102265 3/29/2023 VERIZON BUSINESS SERVICES 72517446 VOIP PHONES/COMM RES/FEB2318666 001-4601-4304 104.28 VOIP PHONES/EOC/FEB2372518948 001-1201-4304 42.76 Total : 147.0418666 102266 3/29/2023 VINT, KAMBRIA TR949 PER DIEM/CA PARKS&REC CONF/APR 4-6,202320458 001-4601-4317 150.00 82 03/29/2023 Check Register CITY OF HERMOSA BEACH 10 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 150.00 102266 3/29/2023 VINT, KAMBRIA20458 102267 3/29/2023 WESTCOR ENVIRONMENTAL, INC.23033-1 LEAD ABATEMENT PLAN FOR PD20885 301-8696-4201 2,729.00 Total : 2,729.0020885 102268 3/29/2023 ZUMAR INDUSTRIES INC 99121 MAT REQ 8254448/STREET SIGN MAINTENANCE01206 001-3104-4309 169.63 Total : 169.6301206 2571706 3/21/2023 SOCAL GAS 115 404 6900 1 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 387.82 Total : 387.8200170 3670027 3/28/2023 ADMINSURE AS AGENT FOR THE Wire Date 3.28.23A LIABILITY CLAIMS REIMB/FEB2314691 705-1209-4324 70,835.88 Total : 70,835.8814691 3780932 3/28/2023 ADMINSURE AS AGENT FOR THE Wire Date 3.28.23B WORKERS COMP CLAIMS 2.27-3.3.2314691 705-1217-4324 70,745.95 WORKERS COMP CLAIMS 3.6-3.10.23Wire Date 3.28.23C 705-1217-4324 4,694.13 WORKERS COMP CLAIMS 3.13-3.16.23Wire Date 3.28.23D 705-1217-4324 11,625.57 WORKERS COMP CLAIMS 3.20-3.23.23Wire Date 3.28.23E 705-1217-4324 5,887.27 Total : 92,952.9214691 6884466 3/27/2023 SOCAL GAS 097 904 5900 3 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 146.15 Total : 146.1500170 6884496 3/27/2023 SOCAL GAS 102 104 5900 3 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 402.28 Total : 402.2800170 6884723 3/27/2023 SOCAL GAS 139 104 4600 7 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 14.79 Total : 14.7900170 83 03/29/2023 Check Register CITY OF HERMOSA BEACH 11 5:31:00PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 6884745 3/27/2023 SOCAL GAS 141 204 4600 1 CITY-OWNED BLDGS/NATURAL GAS/FEB2300170 001-4204-4303 23.54 Total : 23.5400170 6999563 3/28/2023 DEPT OF HEALTH CARE SRVS/GEMT GEM042398MD QUALITY ASSURANCE FEE 2022 Q321347 001-1201-4251 8,777.16 Total : 8,777.1621347 9169368 3/22/2023 EXXON MOBIL BUSINESS FLEET 87841649 VEHICLE FUEL 2/10/23-3/9/2310668 001-1250 100.61 715-3302-4310 1,757.32 715-4202-4310 413.04 715-2101-4310 5,706.14 715-4204-4310 785.78 715-4206-4310 430.69 715-6101-4310 90.93 715-3104-4310 636.35 Total : 9,920.8610668 Bank total : 483,849.62 77 Vouchers for bank code :boa 483,849.62Total vouchers :Vouchers in this report 77 84 03/29/2023 Check Register CITY OF HERMOSA BEACH 12 5:31:00PM 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 12 inclusive, of the check register for 3/29/2023 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3/29/23 85 04/04/2023 Check Register CITY OF HERMOSA BEACH 1 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102269 4/4/2023 CDWG HR53870 INK FOR FINGERPRINT MACHINE09632 001-2101-4305 846.51 001-2101-4305 80.42 INK FOR FINGERPRINT MACHINEHR60361 001-2101-4305 677.22 001-2101-4305 64.34 Total : 1,668.4909632 102270 4/4/2023 DOOLEY ENTERPRISES INC 65233 MAT REQ 838588 AMMUNITION FOR PD12735 001-2101-4201 2,386.39 Total : 2,386.3912735 102271 4/4/2023 FLYING LION, INC.1452 LEASE FOR 2 DRONE KITS/MAR2321402 153-2106-4201 1,500.00 Total : 1,500.0021402 102272 4/4/2023 GALL, TINA KATCHEN 001-323 CDBG ADMIN & LABOR COMPLIANCE SVS/MAR2322871 301-8601-4201 2,687.50 Total : 2,687.5022871 102273 4/4/2023 HOME DEPOT CREDIT SERVICES Acct ending 5596 MAINTENANCE SUPPLIES/MAR2303432 001-2101-5401 705.98 001-3104-4201 233.30 001-3104-4309 150.77 001-4202-4305 636.38 001-4204-4309 1,139.28 001-4601-4201 199.59 001-4601-4308 230.39 001-6101-4309 1,433.22 161-3109-4309 260.30 105-2601-4309 -80.33 001-2101-5401 63.27 Total : 4,972.1503432 102274 4/4/2023 LA UNIFORMS & TAILORING INC 15932 MAT REQ 479181 PD UNIFORMS20771 001-3302-4314 49.56 Total : 49.5620771 Attachment 5 86 04/04/2023 Check Register CITY OF HERMOSA BEACH 2 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102275 4/4/2023 LEARNED LUMBER B797960 MAT REQ 938427/MAINTENANCE SUPPLIES00167 001-6101-4309 111.85 Total : 111.8500167 102276 4/4/2023 MERCHANTS LANDSCAPE SERVICES 61260 CITYWIDE LANDSCAPING SERVICES/FEB2318071 001-6101-4201 37,874.16 105-2601-4201 4,148.84 Total : 42,023.0018071 102277 4/4/2023 O'BRIEN BENDER, JEANNE 3-2023 CITY RECORD ORGANIZATION/MAR2322673 001-1121-4201 3,025.00 Total : 3,025.0022673 102278 4/4/2023 PACIFIC FLOOR CO 7141 GYM FLOOR RESURFACING18714 001-4601-4201 2,651.00 Total : 2,651.0018714 102279 4/4/2023 REGISTRAR RECORDER CO CLERK 23-2090 NOV 2022 GENERAL ELECTION02927 001-1121-4251 50,124.39 Total : 50,124.3902927 102280 4/4/2023 SBCU VISA 0875218-4658645 CC SIGN SHOP MATERIALS03353 001-3104-4201 498.26 001-3104-4201 47.32 STRING LIGHTS FOR PIER PLAZA1444499-3740217 CC 105-2601-4309 796.35 105-2601-4309 75.65 2023 ANNUAL CONF/NOWICKI/APR25-28200004440 CC 001-1141-4317 485.00 EXCURSION GOODY BAGS2005436-4080236 CC 001-4601-4308 43.98 001-4601-4308 4.18 WATERFRONT FACILITIES INSPECTION E-BOOK20230316-10165628 CC 001-4202-4305 117.75 EMERGENCY PLUMBING PARTS FOR CIP669220316 CC 301-8669-4201 41.20 301-8669-4201 4.22 LAPTOP BATTERY REPLACEMENT2791143-4825846 CC 001-4202-4305 35.99 87 04/04/2023 Check Register CITY OF HERMOSA BEACH 3 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102280 4/4/2023 (Continued)SBCU VISA03353 001-4202-4305 3.42 ANNUAL CLERKS CONFERENCE/5.12-5.18.2334751 CC 001-1121-4317 1,063.00 ADVERTISE ASSOCIATE ENGINEER 12/27/202239329 CC 001-1203-4201 475.00 MINUTE BINDER4413154-6938634 CC 001-1121-4305 32.80 PSO ORAL PANEL COFFEE 3.14.23468846 CC 001-1203-4201 29.50 STANDING DESK - K.VINT4755646-3119447 CC 001-1203-4305 173.21 001-1203-4305 16.45 PSO ORAL PANEL BREAKFAST 3.14.2350175 CC 001-1203-4201 57.45 OFFICE SUPPLIES- STANDING DESK6549973-2796253 CC 001-1203-4305 346.00 001-1203-4305 32.88 SIGN SHOP TOOLS6617710-7141040 CC 001-3104-4201 280.00 001-3104-4201 26.60 SIGN SHOP TOOLS6883168-5281023 CC 001-3104-4201 569.97 001-3104-4201 54.15 BARRICADE RENTAL/MAR236896533 CC 001-3104-4309 7.28 BARRICADE RENTAL/APR236930279 CC 001-3104-4309 7.28 WATER FILTERS FOR THE KEURIG8133664-3686612 CC 001-4204-4309 53.96 001-4204-4309 5.16 SIGN SHOP MATERIALS8498543-9108212 CC 001-3104-4201 72.97 001-3104-4201 6.93 PSO ORAL PANEL LUNCH 3.14.23905868 CC 001-1203-4201 209.11 OFFICE SUPPLIES FOR PW ADMIN OFFICE9070631-8642619 CC 001-4202-4305 100.34 001-4202-4305 16.11 88 04/04/2023 Check Register CITY OF HERMOSA BEACH 4 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102280 4/4/2023 (Continued)SBCU VISA03353 CPRS DISTRICT TRAINING- REGISTRATION FEEINV-36 CC 001-4601-4317 95.00 SENIOR CENTER MOVIES/MUSIC/MAR23ML0GHQ4MZ0 CC 001-4601-4328 10.99 SENIOR CENTER CLOUD STORAGE/MAR23ML0GJ81TXH CC 001-4601-4328 0.99 EVENT AWARDS: INDUCTEES PLAQUEORDER#31188 CC 001-2130 208.48 OWL BOXESORDER#8037 CC 001-6101-4309 299.00 001-6101-4309 23.92 OWL BOXESORDER#8038518 CC 001-6101-4309 201.94 2 BLUEBEAM MEMBERSHIPS/NGUYEN&HOLSTPO 39185 CC 001-4202-4201 600.00 FAA DRONE EXAM/4 EMPLOYEESPO 39345 CC 001-4202-4317 700.00 TENNIS BALL RECYCLE PROGRAMPO39206 CC 001-1201-4201 600.00 PORTABLE EMERGENCY CAMERAR#386542 CC 001-3304-4309 417.97 SEWER HOSER#625820 CC 160-3102-4309 99.99 160-3102-4309 10.00 PW CONSTRUCTION COSTBOOKWTNJ7I6KF CC 001-4202-4305 189.15 001-4202-4305 15.76 Total : 9,262.6603353 102281 4/4/2023 SPECTRUM BUSINESS 8448 30 030 0402150 1301 HERMOSA/540 PIER CONNECTION/APR2320236 001-2101-4305 802.45 Total : 802.4520236 102282 4/4/2023 SPECTRUM BUSINESS 8448 30 030 0350359 1301 HERMOSA/RRC CONNECTION/APR2320236 001-2101-4304 149.99 Total : 149.9920236 102283 4/4/2023 STERICYCLE 3006401299 MEDICAL WASTE DISPOSAL/APR2310412 89 04/04/2023 Check Register CITY OF HERMOSA BEACH 5 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 102283 4/4/2023 (Continued)STERICYCLE10412 001-2101-4201 82.69 Total : 82.6910412 102284 4/4/2023 SUNWORKS UNITED, INC.30948 SOLRENVIEW MONITORING SUBSCRIPTION20245 715-4204-4201 760.00 SOLAR PANEL OPERATION&MAINT SUBSCRIPTION30951 715-4204-4201 1,101.47 Total : 1,861.4720245 102285 4/4/2023 UNDERGROUND SERVICE ALERT 22-2303389 SAFE EXCAVATION FEE/MAR2308207 160-3102-4201 36.61 UNDERGROUND SERVICE ALERT/MAR23320230330 160-3102-4201 109.75 Total : 146.3608207 102286 4/4/2023 UPS 000023R146133 MAT REQ 939380 SHIPPING SERVICES14148 001-2101-4305 70.03 Total : 70.0314148 102287 4/4/2023 VERIZON BUSINESS SERVICES 72518627 VOIP PHONES/YARD/FEB2318666 001-4202-4304 106.95 Total : 106.9518666 102288 4/4/2023 VERIZON BUSINESS SERVICES 72518942 VOIP PHONES/BASE 3/FEB2318666 001-3302-4304 81.21 Total : 81.2118666 102289 4/4/2023 VERIZON BUSINESS SERVICES 72520100 VOIP PHONES/BARD/FEB2318666 001-3304-4304 50.78 Total : 50.7818666 102290 4/4/2023 YUNEX LLC 5620040649 ON-CALL TRAFFIC SIGNAL MAINT/JUL2222715 001-3104-4201 1,047.50 ON-CALL TRAFFIC SIGNAL MAINT/NOV225620041693 001-3104-4201 620.00 ON-CALL TRAFFIC SIGNAL MAINT/DEC225620041975 001-3104-4201 3,804.96 ON-CALL TRAFFIC SIGNAL MAINT/FEB235620042394 001-3104-4201 753.08 90 04/04/2023 Check Register CITY OF HERMOSA BEACH 6 5:05:53PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 6,225.54 102290 4/4/2023 YUNEX LLC22715 1740932 4/4/2023 ADMINSURE AS AGENT FOR THE Wire Date 4.4.23 CLAIM REIMBURSEMENT - GARAFANO14691 705-1217-4324 364,976.34 Total : 364,976.3414691 4580932 4/3/2023 ADMINSURE AS AGENT FOR THE Wire Date 4.3.23 WORKERS COMP CLAIMS 3.27-3.31.2314691 705-1217-4324 76,818.10 Total : 76,818.1014691 Bank total : 571,833.90 24 Vouchers for bank code :boa 571,833.90Total vouchers :Vouchers in this report 24 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 6 inclusive, of the check register for 4/4/2023 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 4/4/23 91 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0233 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR MARCH 2023 (Finance Director Viki Copeland) The March 2023 Revenue and Expenditure Reports,and the Capital Improvement Program (CIP) Report by Project are not available at this time.The reports will be provided as soon as they are available. Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™92 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0224 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 MEMORANDUM REGARDING CITY TREASURER’S REPORT AND CASH BALANCE REPORT FOR MARCH 2023 (City Treasurer Karen Nowicki) The March 2023 City Treasurer’s Report and Cash Balance Report are not available at this time. The reports will be provided as soon as they are available. Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™93 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0223 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommended Action: The City Treasurer recommends City Council ratify cancellation of certain check. Summary: Please ratify the following request for cancellation of the check listed below: Check #:101710 Date Issued:1/26/2023 Amount:$28.00 Payee:Mariana Mekari Vendor did not receive check. The check was reissued. Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™94 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0248 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF APRIL 13, 2023 (Public Works Director Joe SanClemente) Recommended Action: Staff recommends City Council receive and file the Capital Improvement Program Status Report as of April 13, 2023. Number of Projects/Studies by Phase # of Projects Study/Conceptual Planning 22 Preliminary Design 1 Final Engineering Design 16 Project Approvals/ Bidding 4 Construction 10 Closeout 0 Total Projects 53 Number of Projects/Studies by Completion Timeline # of Projects 1 - Complete by end of FY 22-23 7 2 - Complete in FY 23-24 21 3 - 3 years to completion 10 4 - 5 years to completion 0 5 - TBD 15 Projects/Studies Complete 0 Total Projects 53 Number of Projects/Studies by Category # of Projects Street & Highway Improvements 19 Sewer & Storm Drain Improvements 6 Park Improvements 8 Public Building & Ground Improvements 20 Total Projects 53 City of Hermosa Beach Printed on 4/21/2023Page 1 of 2 powered by Legistar™95 Staff Report REPORT 23-0248 Number of Projects/Studies by Category # of Projects Street & Highway Improvements 19 Sewer & Storm Drain Improvements 6 Park Improvements 8 Public Building & Ground Improvements 20 Total Projects 53 # of Projects Number of Projects/Studies by Manager Lead Lucho Rodriguez 2 Stephanie Holst 1 Saad Malim 0 Andrew Nguyen 8 Michelle Licata 4 Jonathan Pascual 7 Jasmine Lopez 5 George Hernandez 5 German Alvarez 3 Magvern By 1 Doug Krauss 4 Lisa Nichols 1 TBD 12 Total Projects 53 Attachments: Capital Improvement Program Status Report as of April 13, 2023. Respectfully Submitted by: Joe SanClemente, Public Works Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 2 of 2 powered by Legistar™96 City of Hermosa Beach Updated 4-13-23 UPDATED FY 2022-23 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates projects milestone updates. ADA ComponentCIP No.Project Name Project Budget Project Manager Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/BiddingConstructionCloseoutEstimated Project Completion Date Current Project Status Project Description X 101 Hermosa Avenue Greenwich Village Street Realignment 10,000$ TBD X TBD Conceptual Planning. Pending staff availability.This project will evaluate potential improvements at the intersections of Hermosa Avenue and Greenwich Village and Manhattan Avenue and Greenwich Village/27th Street. The project will evaluate opportunities to improve the flow and visibility for pedestrian, bikes, and vehicles at the two intersections. Study will also evaluate potential ADA improvements. X 102 Bus Stops Improvements 1,142,516$ Andrew Nguyen X 08/24 30% Design in progress. Combined with CIP 193. Spin off project for RRFBs installation at several crosswalks ahead of full design. This project will improve bus stops throughout the City. These improvements will include Americans with Disabilities Act (ADA) accessible curb ramps, concrete bus pads, crosswalk, striping improvements, furnishing, and other general improvements within direct vicinity of the bus stops. 108 Pay-By-App Parking Signage 75,000$ Michelle Licata X 07/23 Construction. Phase 1, awaiting installation of signs for new pay by app parking system at parking lot A, B, and C. The implementation of a pay by app system will require the installation of signs that will provide instructions for users and zone numbers necessary to use the system. The industry recommendation is that at least two signs be installed per block. At this time, most vendors providing pay by app systems will provide the signs at no additional cost to the City but require City staff to install them and any additional poles. It is estimated that the City will need approximately 375 signs installed, and 30 new poles installed in some locations due to a lack of existing poles. The installation would occur in areas of the City where paid parking is currently provided. 109 Utility Box Wrappings (NEW)50,000$ TBD X 02/24 Conceptual Planning. Pending staff availability.This project will add art wrappings around utility boxes around the City. The City has several utility boxes located throughout the City. Many can be wrapped with decorative art. Some of the boxes are City-owned while others are owned by a third party. Permission from third party owners will be required to wrap those boxes. 110 Strand Bollards Assessment (NEW)250,000$ TBD X TBD Conceptual Planning. Pending staff availability.This project will assess the feasibility, permitting, and design of bollards along the Strand to improve safety and security. 111 Gateway and Wayfinding Signs Assessment (NEW)80,000$ Jasmine Lopez X 08/23 Conceptual Planning. On-call specialist preparing conceptual plans.This project will evaluate gateway and wayfinding signage throughout the City. Recommendations will include locations, sign content, and refined cost estimates for final design and construction. X 143 PCH Mobility Improvement Project 75,000$ Lucho Rodriguez X TBD Conceptual Planning. Metro Approved funding of $1.8 million for the City for the project development phases - PA&ED (Project Approval and Environmental Document) as a result of Public Work's Measure M application in 2020. Metro has retained the services of their on- call specialists to assist with the first phase. Preliminary data gathering. The City has identified a number of complete street project elements that can be implemented to improve mobility, accessibility, and safety along the Pacific Coast Highway (PCH) corridor in Hermosa Beach. These elements are described in the Project Study Report prepared by the City and Caltrans in 2015 and include: Traffic Signal Synchronization, Landscape Medians, Americans with Disabilities Act (ADA) Improvements/Removal of Utility Impediments, Transit Access Enhancements, Pedestrian Enhancements, and Aesthetic Enhancements. Collectively, the improvements will address existing, near-term, and long-range future traffic conditions along this corridor by improving intersection operations, reducing instances of unsafe turning movements, create a safe and more comfortable environment for pedestrians and transit riders, and improving the efficient movement of vehicles along the corridor. Improvements will include ADA components to be determined during design. 160 PCH Traffic Improvements (RECONCILIATION) 343,619$ George Hernandez X 05/23 Construction estimated to be completed in May.The purpose of this project is to improve operational mobility along State Route 1 (Pacific Coast Highway) which also provides operational relief to I-405 by improving operations in a parallel route. The proposed project also includes improvements including but not restricted to truck turning radius, ADA curb ramps, striping and pedestrian signal improvements of the segment on PCH between Anita Street and Artesia Boulevard. Pedestrian signal, crosswalks and ADA curb ramps improvements at the intersections of PCH and Pier Avenue and PCH and Aviation Boulevard including improvements at intersection to aid trucks turning onto Aviation. 164 Hermosa Avenue Green Street 159,500$ Doug Krauss X TBD 100% design plans anticipated in June. Preparation of plans and specifications by specialist (CWE) through grant managed by City of Torrance. Will be applying for additional grant funds from Measure W. This project will design and implement Low Impact Development (LID) and green infrastructure on Hermosa Avenue from 4th Street to Herondo Avenue, which will include a variety of green street design elements. This project is also part of a multicity green street project lead by the City of Torrance. X 188 Strand Bikeway and Walkway Improvements at 35th Street 300,000$ TBD X TBD Conceptual Planning. Pending staff availability.This project would provide improved accessibility and connectivity for bicyclists traveling between the Cities of Hermosa Beach and Manhattan Beach via The Strand at 35th Street. The project will also consider the addition of a dedicated ADA path to provide greater ADA accessibility to The Strand. X 191 Annual Street Improvements 1,700,000$ German Alvarez X 12/23 30% Design in progress. This project provides for pavement rehabilitation of streets at various locations. The project will also repair/replace deteriorated portions of sidewalk, curb and gutter, and curb ramps. This work will be performed following the sewer and storm drain repairs identified in the Sewer and Drainage Master Plans. Improvements will include ADA components to be determined during design. 193 Pedestrian Crossing Safety Improvements 510,000$ Andrew Nguyen X 08/24 30% Design in progress. Combined with CIP 102. Spin off project for RRFBs installation at several crosswalks ahead of full design. This project will implement rectangular rapid flashing beacons and other measures at several uncontrolled pedestrian crossings on Hermosa Avenue at 4th, 6th, 19th, 24th, 25th Streets and the crossing in front of Clark Building on Valley Drive. X 194 Annual Striping Improvements 250,000$ Magvern By X 07/24 30% Design in progress.This project provides traffic striping and pavement marking improvements and modifications throughout the City at various locations to improve safety and visibility. This project will help address thermoplastic striping needed which the City is not capable of installing directly. Improvements will include ADA components to be determined during design. STREET AND HIGHWAY IMPROVEMENTS : 1 of 4 97 City of Hermosa Beach Updated 4-13-23 UPDATED FY 2022-23 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates projects milestone updates. ADA ComponentCIP No.Project Name Project Budget Project Manager Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/BiddingConstructionCloseoutEstimated Project Completion Date Current Project Status Project Description X 195 City Sidewalk Improvements 149,150$ German Alvarez X 08/23 Award of construction contract anticipated in April at City Council. Combined with CIP 760.This project provides repairs, replacements, and improvements to sidewalks throughout the City at various locations to maintain and improve safety. Improvements will include ADA components by increasing sidewalk accessibility to be determined during design. X 601 Prospect Avenue Curb Ramps 113,710$ Jonathan Pascual X 05/23 Construction estimated to be completed in May. Constructing with CIP 606 and 698.This project provides improvements and relocation of sidewalks, curb ramps and obstructions along Prospect Avenue in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. Project to be bided out together with Project 698. ADA improvements are integral to the project. X 606 Longfellow Sidewalk Improvements (NEW)98,081$ Jonathan Pascual X 05/23 Construction estimated to be completed in May. Constructing with CIP 601 and 698.This project provides improvements and replacement of sidewalk panels along Longfellow Avenue in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. Project to be bid out together with Project 601 and 698. ADA improvements are integral to the project. X 695 Parking Lot A Improvements 442,260$ TBD X 07/24 Conceptual Planning. Pending staff availability.This project will consist of upgrading Parking Lot A to meet ADA standards, with improvements including: • New layout to maximize parking capacity and improve circulation. • Consideration of the layout of parking spaces on 11th Street and explore incorporating 11th Street parking spaces into the Lot A pay station system. • New surfacing and lighting. • New trash enclosures adjacent to commercial buildings and removal of the trash enclosure and joint compactor. • Low impact development elements including permeable pavers and landscaping. Coastal Commission permits will be required. Improvements will include ADA components to be determined during design. X 698 ADA improvements 71,298$ Jonathan Pascual X 05/23 Construction estimated to be completed in May. Constructing with CIP 601 and 606.The project proposes: Improvements and relocation of sidewalks, curb ramps and obstructions along Prospect Avenue in order to follow the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. Project to be bided out together with Project 601. ADA improvements are integral to the project. 760 Tree Well Grates (RECONCILIATION) 51,068$ German Alvarez X 08/23 Award of construction contract anticipated in April at City Council. Combined with CIP 195.This project will install iron tree grates in existing tree wells on Hermosa Ave. 417 Annual Storm Drain Improvements - Various Locations 1,998,261$ George Hernandez X TBD Final Engineering Design. On-call design firm finalizing plans and specifications. Applying for Coastal Commission permit. This project includes storm drain improvements throughout the City. Locations will be as identified and prioritized per the Storm Drain Master Plan. Projects will address deficiencies, ponding, and repairs as well as where new storm drains are needed Citywide. This project will also address operational deficiencies at the outfall structures at 18th Street and 19th Street. Improvements include for design and construction activities on an annual basis. 421 Annual Sewer Improvements 2,471,388$ Andrew Nguyen X 03/24 90% Plan and Spec revisions in progress.This project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. 422 Annual Storm Drain Improvements 499,716$ George Hernandez X 11/23 Project Approvals/Bidding. This project includes storm drain improvements throughout the City. Locations will be as identified and prioritized per the Storm Drain Master Plan. Projects will address deficiencies, ponding, and repairs as well as where new storm drains are needed Citywide. 423 Annual Sewer Improvements 248,090$ Andrew Nguyen X TBD Conceptual Planning.This project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. 424 Annual Storm Drain Improvements 260,146$ George Hernandez X TBD Conceptual Planning.Storm drain improvements throughout the City. Locations will be as identified and prioritized per the Storm Drain Master Plan. Projects will address deficiencies, ponding, and repairs as well as where new storm drains are needed citywide. This project will also address operational deficiencies at the outfall structures at various locations. Improvements include for design and construction activities on an annual basis. 438 Stormwater Dry Wells Assessment (NEW)100,000$ Doug Krauss X 01/25 Conceptual Planning.As required by the region’s Enhanced Watershed Management Plan, this project will assess the implementation of a series of drywells east of PCH between 1st St and 10th St to capture stormwater and dry weather flows within 118 acres of the Herondo Drain (SMB-6-1) watershed. X 502 Greenbelt Pedestrian Trail (NEW)550,000$ Andrew Nguyen X 02/24 30% plan revisions in progress.This project will remove woodchips and construct an accessible pedestrian trail composed of decomposed granite on the Greenbelt from Pier Avenue to 8th Street. 503 City Park Lighting Assessment (NEW)120,000$ TBD X 02/24 Conceptual Planning. Pending staff availability.This project will assess light levels and lighting improvements to the City's parks. South Park, Clark Field, and Valley Park. The project will identify scope of required improvements and cost estimates for final design and construction. SEWER/STORM DRAIN IMPROVEMENTS PARK IMPROVEMENTS 2 of 4 98 City of Hermosa Beach Updated 4-13-23 UPDATED FY 2022-23 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates projects milestone updates. ADA ComponentCIP No.Project Name Project Budget Project Manager Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/BiddingConstructionCloseoutEstimated Project Completion Date Current Project Status Project Description 538 Citywide Park Master Plan 650,000$ Lisa Nichols X 02/24 Conceptual Planning. Contract for Project Management Services for Development of the Parks Master Plan to Catalyst Consulting was awarded July 12, 2022. Preparing master plan. The City is seeking to prepare a Parks Master Plan that achieves the following goals: • Engages the community and local recreational organizations in a dialogue about parks and open space resources in Hermosa Beach; • Identifies the current demand/utilization and the future/evolving parks and recreational facility needs for the Hermosa Beach community; • Leverages the vision and goals of the recently adopted General Plan and the Community Decision-Making Tool; • Identifies an appropriate balance between organized and informal recreational activities at the City’s parks and open spaces; • Serves as a dynamic useful planning and implementation document that enjoys broad community and political support; • Provides a comprehensive strategy to maintain, rehabilitate and improve the City’s network of parks, facilities, and open space assets, including current unfunded park and recreational opportunities; • Evaluates the effective use of the City’s financial and physical resources and opportunities to fund implementation of the recommendations in the Master Plan. X 549 Temporary Beach Accessible Routes 30,904$ Jasmine Lopez X 05/23 Construction estimated to be completed in May. Roll out mats have been deployed. Received approved permit from Costal Commission. Concrete pads for roll out mats constructed. Curb ramps being upgraded and ADA parking being installed. This project is to continue the City's temporary beach access routes pilot program. Access routes will be established on the beach at 2nd Street, 11th Street, and 22nd Street. ADA improvements are integral to the project. 603 South Park Slope and Irrigation Repairs 1,700,000$ Jonathan Pascual X 03/24 Final Engineering Design. Finalizing irrigation and landscaping plans and specifications. Staff completing grant application for State award for $190K of supplemental funding. This project will address sloped areas around the playground area at South Park. Funding would be utilized to install interim measures in order to open up the area to the public while the City pursues more permanent measures for repairs required of the entire park, including irrigation and landscaping. X 604 City Wide ADA Improvements (NEW)200,000$ Andrew Nguyen X 02/24 Project to be incorportated with CIP 502 Greenbelt Pedestrian Trail. Project to include enhanced crosswalk in front of Clark building and curb ramp upgrandes on Valley Dr and Ardmore Ave. This project provides improvements city wide in order to comply with the American with Disabilities Act (ADA) and meet the latest Federal Standards along with the City's Transition Plan being developed. ADA improvements are integral to the project. 610 Fort Lots-O-Fun Wall and Gate Improvements (NEW)100,000$ TBD X 03/24 Conceptual Planning.This project provides necessary improvements and repairs to the existing retaining wall and wooden gate at Fort Lots-O-Fun. The Project currently includes funding for design of the improvements; construction costs will be further defined through the design process. 619 Pickleball Court Resurfacing (NEW)150,000$ Jasmine Lopez X 05/24 50% Plans under review. Previously titled 'Pickleball Court Resurfacing.' This project will resurface and reconfigure the Kelly Courts at Clark Field. The courts will be restriped and reconfigured and the lights and fencing relocated to meet court standards. 605 City Facilities Condition and Needs Assessment 500,000$ TBD X TBD Conceptual Planning. Pending staff availability.This project will prepare condition assessment reports for City facilities throughout the City to understand the infrastructure improvement needs. 607 Record Center Renovation (NEW)160,000$ Jasmine Lopez X 03/25 Design firm preparing conceptual plans.This project provides necessary safety improvements to the City’s Record Center that is currently housed in the former shower and locker room area in the lower level of the Community Center. The area is not designed, or properly set up, to be a Records Center for the City to ensure safe retention and processing of public records. The Records Center is in need of several improvements to bring the area up to current health and building safety standards, including, but not limited to, new sprinkler system, new ventilation system, pipe repairs, seismic retrofit of records shelving, and lighting modifications. The Project currently includes funding for design of the improvements; construction costs will be further defined through the design process. 609 Downtown Strategic Plan Implementation 350,000$ Andrew Nguyen X 04/25 Final Engineering Design. Preparing plans and specifications for Pier Plaza catenary lights and light dimming units. The purpose of this project is to mitigate safety concerns with lighting improvements for the City’s downtown area. This project will install catenary lights and dimming units on Pier Plaza. 615 New Corporate Yard Facilities 500,000$ Lucho Rodriguez X TBD Conceptual Planning. Pending staff availability. Prepare RFP for design services.This project is for the design and construction of a new City Yard. The current City Yard is in need of reconstruction. A new City Yard will provide a safe and functional area for City maintenance crew and staging. 616 Bard Trailer Improvements 150,000$ Stephanie Holst X 01/24 30% Design in progress.This project will provide improvements to the trailer on Bard Street at City Hall for use by staff and the City. 617 Civic Center Charging Stations (NEW)100,000$ Doug Krauss X 08/23 Construction.This project will explore the electrical power needs and installation of expanded electric vehicle charging infrastructure to serve the Police Department fleet on Bard Street, adjacent the Police Department and City Hall. The expanded charging would include up to 10 new chargers including both Level 2 and Level 3 chargers. 618 Tsunami Siren (NEW)4,700$ TBD X TBD Preliminary Design.This grant-funded project will include working with the Emergency Management Coordinator, Los Angeles County Beach and Harbor to install an outdoor warning siren at the Community Center and possible other locations and integrate the selected siren and the Beach Emergency Evacuation Lighting System (BEELS) systems into the City's alert and warning software platform Alert South Bay. 620 City Wide Roof Repair (NEW)240,000$ TBD X 09/24 Conceptual Planning. Pending staff availability.This project will repair and replace roofs at several City facilities including City Yard, and Lawn Bowling. 621 Comprehensive Downtown Lighting Assessment (NEW)150,000$ Andrew Nguyen X 01/25 Conceptual Planning. Pending staff availability.This project will assess light levels, electric system requirements, and desired lighting improvements (i.e., ornamental, roadway, pedestrian scale) for the City's Downtown district. The project will identify scope of required improvements and cost estimates for final design and construction. PUBLIC BUILDING AND GROUND IMPROVEMENTS 3 of 4 99 City of Hermosa Beach Updated 4-13-23 UPDATED FY 2022-23 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates projects milestone updates. ADA ComponentCIP No.Project Name Project Budget Project Manager Conceptual PlanningPreliminary DesignFinal Engineering DesignProject Approvals/BiddingConstructionCloseoutEstimated Project Completion Date Current Project Status Project Description 622 Emergency Power Assessment (STUDY) (NEW)116,450$ TBD X TBD Study/Conceptual Planning.This grant-funded study will conduct a power needs assessment of critical city infrastructure that would be utilized during a disaster/emergency such as shelter locations, the emergency operations center among others and provide recommendations to ensure critical power needs are addressed. 623 Pier Structural Inspection and Evaluation (NEW)300,000$ Michelle Licata X TBD To be coordinated with structural repairs (CIP 629) and electrical repairs (CIP 660).This inspection and evaluation will be performed in coordination with CIP 629 and CIP 660. Inspection of the pier will be performed to assess and evaluate structural condition of the pier and provide recommendations for additional repairs needed. 629 Municipal Pier Structural Assessment and Repairs 2,400,000$ Michelle Licata X 05/23 Construction estimated to be completed in May. Constructing with CIP 660.Repairs of the municipal pier structural elements including the piles, pile caps, deck and the lifeguard storage room. 660 Municipal Pier Electrical Repairs 900,000$ Michelle Licata X 05/23 Construction estimated to be completed in May. Constructing with CIP 629.The pier electrical repairs will involve the replacement of existing conduit, junction boxes, connections and wiring so that the lights can be functional. The project will also eliminate the service box towards the end of the pier and create a new service connection point for the foghorn at the end of the pier. This project will also include the replacement of the bollard lighting at the pier with new LED lighting fixtures. X 669 City Park Restrooms and Renovation 1,438,691$ Jonathan Pascual X 08/23 Construction. Contractor to prioritize and complete work at Clark Field by April. Construction per contract is to be completed by mid August, however individual restrooms will be opend upon completion and full project is estiamted to be completed sooner. This project consists of construction of new ADA compliant restrooms at Forts Lots-o-Fun, Seaview Parkette, South Park, and Clark Field. This project also plans to renovate existing restrooms at South Park and Clark Field. ADA improvements are integral to the project. X 682 Parking Lot D Improvements 1,200,000$ Doug Krauss X 02/25 Coastal Conservancy Board grant awarded in April 2021. Measure W Grant Funds awarded May 2022. Staff is finalizing design and developing the bid package for advertisement. The project will install a rapid electric vehicle charging station, expand bicycle parking and capture and treat storm water run- off from road and parking surfaces. Project will include new ADA ramp to the parking lot and new ADA parking spots. Estimated cost of ADA improvements is $15,000 684 Emergency Operations Center (EOC) Renovations 200,000$ TBD X TBD Conceptual Planning. Pending staff availability.This project will add restrooms to the EOC and renovate the adjacent room for future EOC uses. The EOC is located within a building designated as a historical building, which will require a Certificate of Appropriateness to complete the repairs. This project will be completed in two phases. Phase 1 includes restroom construction including flooring, lighting, wall and ceiling repairs, painting, new plumbing, and installing fixtures. Phase 2 includes complete room renovation including new flooring, ceiling, lighting, furnishings, and relocation of Emergency System IT equipment, including a new switch, 2 UPC batteries, and firewall to support the EOC. Security Improvements to include new key fob locking systems. X 689 Clark Building Renovations 1,093,743$ Jonathan Pascual X 02/24 Design being finalized. On-call design firm finalizing plans and specifications and working to address comments from the LA Department of Public Health. Project is estimated to go out to bid for construction by July. The project proposes: 1. Design, Operational Review 2. Kitchen Remodel - including new commercial appliances, sinks, countertops, lighting, tile, flooring, doors and ADA upgrades. 3. Restrooms Remodel - including new flooring, fixtures, stalls, sinks, toilets, lighting, and ADA upgrades. Electrical, plumbing, sewer line upgrades. 4. Install new Heating, ventilation, and air conditioning. 5. Acoustic panels and new lighting throughout ballroom area. 6. ADA upgrades to entrance building entrance points. ADA improvements are integral to the project. X 692 14th Street Beach Restroom Rehabilitation 527,515$ George Hernandez X TBD Conceptual Planning. Pending staff availability.This project proposes to construct a new restroom facility which includes replacement of the entire building; restrooms; appurtenant plumbing; ADA improvements for compliance. This project will also include the replacement of the existing sewer lift station components which includes 2 submersible pumps; motor control panel; associated plumbing; addition of telemetry for condition/outage notifications. New restrooms will be ADA compliant. 696 Police Station Improvements 300,000$ Jasmine Lopez X 12/23 90% Plan and Spec revisions in progress.This project will include increased security measures and improvements to report writing room, evidence room, and property room. Police staff has determined there is a need for renovations to the department office for a new layout. X 699 Parking Structure (Lot C) Improvements 1,362,696$ Jonathan Pascual X 03/24 90% Plan and Spec revisions in progress.This project provides repairs and improvements to the City's parking structure (Lot C) based on the assessment report from Study 694 Parking Structure (Lot C) Structural Assessment including structural, elevator, and electrical repairs. Improvements will include ADA components to be determined during design. 4 of 4 100 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0208 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 ADOPT RESOLUTION 23-XX EASEMENT DEDICATION 505 GOULD AVENUE (Director of Public Works Joe SanClemente) Recommended Action: Staff recommends City Council: 1.Adopt Resolution 23-XX (Attachment 2)accepting the easement deed for a sanitary sewer easement in connection with the redevelopment of 505 Gould Avenue; and 2.Authorize City Manager to sign the Certificate of Acceptance (Attachment 4). Executive Summary: The subject site,located at 505 Gould Avenue,is a new single-family residential development.The development site includes an existing City-owned and maintained eight-inch sanitary sewer main installed on private property.Through the approval process for the new development,Public Works staff requested the owner of the property to grant a utility easement dedication to the City.If accepted by City Council,the newly dedicated easement would allow maintenance access to the existing City- owned sewer infrastructure as shown on the Location Map (Attachment 1). Background: There are several areas throughout the City where City-owned sanitary sewer infrastructure was installed on private property without dedicated utility easements for the City to access or maintain the infrastructure.Much of the City-owned sanitary sewer infrastructure is 75 to 100 years old,thereby requiring regular maintenance,updating,and emergency repairs.To maintain the existing City sewer infrastructure,Public Works maintenance personnel require adequate access and space to perform the repairs or replacement.Designated utility easements on private property allow the Public Works Department the necessary access to perform regular maintenance and emergency repairs of the City -owned infrastructure as needed. As a standard practice,the Public Works Department requests the owner of any new development that includes City-owned sewer infrastructure on private property to grant the City a dedicated utility easement for maintenance and access.The standard utility easement width,where no structures are permitted to be built or obstruct the dedicated easement,is ten feet.The location of the existing City of Hermosa Beach Printed on 4/21/2023Page 1 of 3 powered by Legistar™101 Staff Report REPORT 23-0208 permitted to be built or obstruct the dedicated easement,is ten feet.The location of the existing sewer infrastructure on private property being approximately centered on the northerly property lines requires a five-foot dedicated easement. On June 29,2022,the City received an application for the development of a new single-family residence at 505 Gould Avenue.Architectural and Civil Plans were submitted to the Planning and Public Works Departments for review and approval.Through its review,the Public Works Department identified a City-owned and maintained eight-inch sanitary sewer main and access hole located on the subject private property with no dedicated utility easements.Staff requested that the property owner grant a utility easement for access and maintenance to the public sewer system. Analysis: As a standard practice,the Public Works Department requests the owner of any new development that includes City-owned sewer infrastructure on private property to grant the City a dedicated utility easement for maintenance and access.The development of 505 Gould Avenue includes an existing City-owned eight-inch sanitary sewer main and maintenance access hole on private property.As a result,staff requested the property owner grant a five-foot utility easement as shown on the Easement Agreement and legal description.The reduced five-foot utility easement is the result of the sewer main being located and centered between two neighboring properties.The property owner granted the utility easement and had a professional land surveyor prepare the attached Easement deed and legal description (Attachment 3). Staff recommends City Council adopt the resolution accepting the easement deed (Attachment 2) and authorize the City Manager to sign the Certificate of Acceptance (Attachment 4)prior to recordation of easement documents. 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: Infrastructure Element Goal 1. Infrastructure systems are functional, safe, and well maintained. Policy: ·1.1 Infrastructure systems plan.Establish and adopt an integrated,holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. Fiscal Impact: There is no fiscal impact associated with the recommended action. City of Hermosa Beach Printed on 4/21/2023Page 2 of 3 powered by Legistar™102 Staff Report REPORT 23-0208 Attachments: 1. Location Map 2. Draft Resolution 3. Easement Agreement 4. Certificate of Acceptance Respectfully Submitted by: Michelle Licata, Associate Engineer Concur: Lucho Rodriguez, City Engineer Concur: Director of Public Works, Joe SanClemente Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 3 of 3 powered by Legistar™103 0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.0 Notes Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.020 1:1,102 City of Hermosa Beach City Boundary Parcels Streets County Manholes County Sewerlines City Manholes City Sewerlines 104 Recording Requested by: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, Ca 90277 When Recorded Mail to: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, Ca 90277 No charge for recording pursuant to Gov. Code Sec. 6103 This is a conveyance of an easement and the consideration and value is $100 or less R&T code 11911 EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, Jeffrey R. Ackerman, a single man do(es) hereby grant to the CITY OF HERMOSA BEACH, a municipal corporation of Los Angeles County, State of California, an easement for, and the right to construct, operate, maintain, repair and use, or to reconstruct, a utility, across that certain real property situated in said City of Hermosa Beach, County of Los Angeles, State of California, and more particularly described as follows: THOSE PORTIONS OF LOT 3 AND THE NORTHEASTERLY 10 FEET OF LOT 1, BLOCK 136, REDONDO VILLA TRACT, IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 190 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 5.0 FEET OF SAID LOT 3 AND SAID NORTHEASTERLY 10 FEET OF LOT 1 EXCEPT THAT PORTION WITHIN VALLEY DRIVE Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools, implements and other materials thereon, by said City of Hermosa Beach, its officers, agents and employees and by any contractor, his agents and employees, engaged by said City, whenever and wherever necessary for the purposes above set forth. Jeffrey R. Ackerman, A single man Dated this ___ day of _________________ 20___. Sign: ____________________________ Print: ____________________________ (All signatures must be notarized) Title: ____________________________ Property Address: 505 Gould Avenue HERMOSA BEACH, CA 90254 APN: 4181-004-003 105 505 GOULD AVENUE APN: 4181-004-003GOULD AVENUEVALLEY DR I V E 4 0'20'20'4 0'25'15'5.0' E'LY LINE LOT 1 W'LY LINE LOT 3 *NOT TO SCALE* 5' PROPOSED SEWER EASEMENT E'LY LINE R.S. 198-18 E'LY LINE OF LOT 3 10'10'15'A A 10' EASEMENT FOR STREET, SEWER & STORM DRAINS RECORDED AUGUST 20, 1952 IN INSTRUMENT NO. 1938 OF OFFICIAL RECORDS. EXHIBIT "A" 106 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ACCEPTING THE EASEMENT DEED FOR A SANITARY SEWER EASEMENT IN CONNECTION WITH THE REDEVELOPMENT OF 505 GOULD AVENUE, HERMOSA BEACH The City Council of the City of Hermosa Beach does hereby find, order and resolve as follows: A. RECITALS: (i.) The owners of the real property located at 505 Gould Avenue, Hermosa Beach, CA desire to grant to the City a sanitary sewer easement in connection with the redevelopment of their property. (ii.) The City desires to accept the sanitary sewer easement in furtherance of the public interest. (iii.) All legal prerequisites to the acceptance of this grant and the adoption of this resolution have occurred. B. RESOLUTION: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Hermosa Beach does hereby find that all of the facts set forth in the recitals of this resolution are true and correct. Section 2. The City Council of the City of Hermosa Beach does hereby accept the grant of a sanitary sewer easement legally described in the Easement Deed attached hereto and incorporated herein by reference. The City Clerk shall certify to the adoption of this Resolution and cause the Easement Deed to be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this ___ day of _______, 2023. Raymond Jackson, Mayor 107 ATTEST: City Clerk 108 CERTIFICATE OF ACCEPTANCE Pursuant to Section 27281 of the California Government Code This is to certify that the interest in real property conveyed by the Easement Deed dated________, 2023, from__________, a __________, as Grantor thereunder, to City of Hermosa Beach, a municipal corporation, as Grantee thereunder, is hereby accepted by the undersigned officer on behalf of the City of Hermosa Beach, pursuant to the authority conferred by Resolution No. _____________, adopted by City Council on ________, 2023, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: _________________, 2023 _____________________________ By ____________________________ Suja Lowenthal City Manager 109 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0232 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 7, 2023 (Community Resources Manager Lisa Nichols) Recommended Action: Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 7, 2023. Attachment: 1.Action Minutes of the March 7, 2023 Parks, Recreation and Community Resources Advisory Commission Meeting Respectfully Submitted by: Lisa Nichols, Community Resources Manager Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™110 MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION March 7, 2023 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Traci Horowitz, Chairperson E. Thomas Moroney, Vice Chairperson Barbara Ellman Jani Lange Lauren Pizer Mains I. Call to Order II. Pledge of Allegiance III. Roll Call Present: Chairperson Horowitz, Vice Chairperson Moroney, Commissioner Ellman , Commissioner Lange, Commissioner Pizer Mains, Community Resources Manager Lisa Nichols, Senior Recreation Supervisor Brian Sousa, Office Assistant Kalyn Kaemerle and City Attorney Patrick Donegan. Absent: Commissioner Lange IV. Announcements – Upcoming City Events V. Presentations Hearts of Hermosa Pre-Event Presentation Coming forward to address the Commission at this time: (0:03:45) Erin Smith, Hearts of Hermosa event representative VI. Community Resources Manager Report a. Updates Regarding City Council Items Previously on the Parks, Recreation and Community Resources Advisory Commission’s Agenda b. Parks Master Plan Monthly Progress Report VII. Public Participation – Oral and Written Communications from the Public: This is the time for members of the public to address the Commission on any items within the Commission's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Matters for Commission Consideration. All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The Commission acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Commission may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding 111 City management or departmental operations are encouraged to submit those comments directly to the City Manager. Coming forward to address the Commission at this time: (00:11:58) Vince Ray, Torrance resident VIII. Commissioner Comments: Commissioners may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own liaison or subcommittee roles, activities or meetings attended. IX. Consent Calendar a. February 2023 Activity Report Motion by Vice Chairperson Moroney to approve item a. February 2023 Activity Report. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. X. Items Removed from the Consent Calendar for Separate Discussion b. Action Minutes of the Regular Meeting of February 7, 2023 Motion by Vice Chairperson Moroney to correct item b. Action Minutes of the Regular Meeting of February 7, 2023 with the accurate motion for item XII. (a) to read as approval of the California Beach Volleyball Association Volleyball Tournaments on the Volleyball Courts north of the Pier on Sunday, March 26, Saturday, April 15, Sunday, May 21, and one additional event date, to be determined, on the 2023 Special Event Calendar Commissioner Pizer Mains seconded the motion. Motion passed with a 5-0 vote. XI. Public Hearings a. Approval of New Impact Level II Special Event • Recommendation: Staff recommends the Parks, Recreation and Community Resources Advisory Commission hold a Public Hearing to recommend for approval by City Council the inclusion of the new Impact Level II special event, USA Volleyball (USAV) Beach Trials on the Volleyball Courts north of the Pier on Monday, June 19 through Thursday, June 22 on the 2023 Special Event Calendar. Motion by Commissioner Lange to approve the new Impact Level II special event, USA Volleyball (USAV) Beach Trials on the Volleyball Courts north of the Pier on Monday, June 19 through Thursday, June 22 on the 2023 Special Event Calendar. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. XII. Matters for Commission Consideration a. Approval of the Commencement of Long-term Agreement Negotiations • Recommendation: Staff recommends the Parks, Recreation and Community Resources Advisory Commission recommend to City Council the approval to commence negotiations for Long-term Agreements with the following organizations: o Mychal’s Learning Place for the California Great Santa Stroll; o Great Autos of Yesteryear for the Classic Car Show; o Jewish Community Center for the Community Chanukah Celebration; o Fine Arts Group of Hermosa Beach for the Fine Arts Festival; o Hermosa Beach Education Foundation for the Hearts of Hermosa; o International Surf Festival; o Skechers Foundation for the Skechers Pier to Pier Friendship Walk; o Spyder Surf Shops for Spyder Surf Fest; and o MESP Inc. for the Triathlon. Coming forward to address the Commission at this time: (0:46:07) Sam Perotti, Fine Arts Festival event representative Mike Bell, Fine Arts Festival event representative Chris Linkletter, International Surf Festival event representative 112 Page Saks, Mychal’s Learning Place for the California Great Santa Stroll event representative Dickie O’Reilly, Spyder Surf Shops for Spyder Surf Fest event representative Motion by Commissioner Pizer Mains to recommend to City Council the approval to commence negotiations for Long- term Agreements with the following organizations: Mychal’s Learning Place for the California Great Santa Stroll; Great Autos of Yesteryear for the Classic Car Show; Jewish Community Center for the Community Chanukah Celebration; Fine Arts Group of Hermosa Beach for the Fine Arts Festival; Hermosa Beach Education Foundation for the Hearts of Hermosa; International Surf Festival; Skechers Foundation for the Skechers Pier to Pier Friendship Walk; Spyder Surf Shops for Spyder Surf Fest; and MESP Inc. for the Triathlon. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. b. Creation of a Parks Master Plan Subcommittee and Retirement of the Special Events Subcommittee and Community Theatre Subcommittee • Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission: o create a Parks Master Plan Subcommittee; and o retire the Special Events Subcommittee and Community Theatre Subcommittee. Motion by Commissioner Lange to retire the Special Events Subcommittee. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. Motion by Commissioner Ellman to retire Community Theatre Subcommittee. Commissioner Pizer Mains seconded the motion. Motion passed with a 5-0 vote. Motion by Commission Pizer Mains to nominate Vice Chairperson Moroney to serve on the Parks Master Plan Subcommittee. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. Motion by Commissioner Lange to nominate Commissioner Ellman to serve on the Parks Master Plan Subcommittee. Chairperson Horowitz seconded the motion. Motion passed with a 5-0 vote. XIII. Future Agenda Items - Requests from Commissioners for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Commissioners should consider the city's work plan when considering new items. a. None XIV. Adjournment This meeting was adjourned by Chairperson Horowitz at 8:25pm to the Monday, April 17, 2023, meeting. 113 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0205 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR FEBRUARY 2023 (Emergency Management Coordinator Israel Estrada) Recommended Action: Staff recommends City Council receive and file the February 2023 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.Staff is currently reworking the monthly data provided by LACoFD and McCormick based on City Council feedback and to ensure a complete picture of monthly service activities.The following report provides details regarding services provided for the month of February 2023. 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 February 2023. 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. City of Hermosa Beach Printed on 4/21/2023Page 1 of 5 powered by Legistar™114 Staff Report REPORT 23-0205 Discussion: The February 2023 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1:February 2023 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 LACoFD apparatus has the capability to provide 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. City of Hermosa Beach Printed on 4/21/2023Page 2 of 5 powered by Legistar™115 Staff Report REPORT 23-0205 The February 2023 call transfer report provided by LACoFD indicates that there were no calls that had a longer transfer time than the NFPA standard.Staff is working with LACoFD to incorporate the South Bay Regional Public Communications Authority (RCC)call transfer time data,currently provided semi-annually,into the monthly reports.The RCC call transfer data provides information regarding each call for service from the time that the call first comes into the 9-1-1 system to the time that it is transferred to LACoFD. 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 transport ALS patients. In February 2023,McCormick Ambulance responded to 61 calls for services within the City of Hermosa Beach.The February 2023 report indicated that 13 calls resulted in delayed Code 3 responses.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.Of the 13 delayed Code 3 calls,the average response time was ten (10)minutes,eighteen (18)seconds with the longest single response time at seventeen (17) minutes, forty-two (42) seconds. There were zero delayed Code 2 responses in February 2023.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.According to the McCormick Ambulance contract,“response time must not exceed fifteen (15) minutes, zero (0) seconds” for a Code 2 incident. Staff reviewed the February 2023 McCormick Ambulance monthly report.The following outlines the reasons for the delayed responses: ·Multiple Calls: (6) The dispatch center received multiple calls at the same time; ·Distance:(2)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; and ·Crew Error: (4) The crew responded to the wrong address. ·APOT:(0)Ambulance Patient Offload Time happens when there are three or more ambulances at a hospital waiting at least 30 minutes to transfer care of the patient from the City of Hermosa Beach Printed on 4/21/2023Page 3 of 5 powered by Legistar™116 Staff Report REPORT 23-0205 ambulance crew to the hospital for continuation of care. ·Traffic: (1) The ambulance was delayed by a red traffic light. McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times,issuing personnel performance notices when mandatory response requirements are not met and releasing 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 arrived on scene within the allowable timeframe for 48 calls in February 2023,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 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-February 2023 Respectfully Submitted by: Sara Russo, Senior Management Analyst Concur: Israel Estrada, Emergency Management Coordinator Concur: Angela Crespi, Deputy City Manager City of Hermosa Beach Printed on 4/21/2023Page 4 of 5 powered by Legistar™117 Staff Report REPORT 23-0205 Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 5 of 5 powered by Legistar™118 E100 S100 Total FIRE, EXPLOSION 100 ‐ Fire, other 1               1                   0.397% 113 ‐ Cooking fire, confined to container 1               1                   0.397% FIRE, EXPLOSION Total 2               2                   0.794% RESCUE, EMS 300 ‐ Rescue, EMS incident, other 22             19             41                 16.270% 311 ‐ Medical assist, assist EMS crew 8               8               16                 6.349% 320 ‐ Emergency medical service, other 4               2               6                   2.381% 321 ‐ EMS call, excluding vehicle accident with injury 54             48             102               40.476% 324 ‐ Motor vehicle accident with no injuries. 1               1                   0.397% 353 ‐ Removal of victim(s) from stalled elevator 1               1                   0.397% RESCUE, EMS Total 90             77             167               66.270% SERVICE CALL 551 ‐ Assist police or other governmental agency 1               1                   0.397% SERVICE CALL Total 1               1                   0.397% GOOD INTENT CALL 600 ‐ Good intent call, other 11             3               14                 5.556% 611 ‐ Dispatched and cancelled en route 27             6               33                 13.095% 651 ‐ Smoke scare, odor of smoke 1               1               2                   0.794% GOOD INTENT CALL Total 39             10             49                 19.444% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 2               1               3                   1.190% FALSE ALARM, FALSE CALL Total 2               1               3                   1.190% SPECIAL OR OTHER INCIDENT TYPE 900 ‐ Special type of incident, other 16             2               18                 7.143% 911 ‐ Citizen complaint 12             12                 4.762% SPECIAL OR OTHER INCIDENT TYPE Total 28             2               30                 11.905% Grand Total 162           90             252               100.000% Note: Data based on ImageTrendElite apparatus data.  Units responses in and outside the City of Hermosa Beach LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF FEBRUARY 2023 Incident Type UNIT RESPONSES Percentage 119 DAY OF THE WEEK E100 S100 Total Sunday 20               13               33                Monday 22               8                 30                Tuesday 22               14               36                Wednesday 31               16               47                Thursday 17               6                 23                Friday 23               14               37                Saturday 27               19               46                Grand Total 162            90               252            Note: Data based on ImageTrendElite apparatus data.  Units responses in and outside the City of Hermosa Beach. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF FEBRUARY 2023 UNIT RESPONSES  ‐  5  10  15  20  25  30  35 E100 S100 120 Ad Hoc Report: Name: Date: Description: Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 2/1/2023 18:12:21 HERM BCH 2 911 Calls WPH2 2/1/2023 18:13:44 HMB 2 911 Calls WPH2 2/1/2023 19:29:25 HERM BCH 1 911 Calls WPH2 2/3/2023 00:20:59 HERM BCH 2 911 Calls WPH2 2/3/2023 01:16:44 HERM BCH 2 911 Calls WPH2 2/4/2023 12:23:52 HMB 2 911 Calls WPH2 2/6/2023 14:20:46 HERM BCH 2 911 Calls WPH2 2/6/2023 17:16:34 HERM BCH 1 911 Calls WPH2 2/7/2023 10:44:08 HMB 3 911 Calls WPH2 2/8/2023 08:31:41 HERM BCH 2 911 Calls WPH2 2/8/2023 16:48:43 HERM BCH 54 911 Calls WPH2 2/9/2023 08:08:58 HERM BCH 2 911 Calls WPH2 2/9/2023 18:03:44 HERMOSA BEACH 2 911 Calls WPH2 2/9/2023 23:26:28 HERMOSA BEACH 2 911 Calls BUSN 2/10/2023 14:11:48 HERMOSA BEACH 2 911 Calls WPH2 2/10/2023 18:41:26 HERMOSA BEACH 2 911 Calls VOIP 2/11/2023 05:07:32 HERM BCH 2 911 Calls WPH2 2/11/2023 10:30:27 HERM BCH 2 911 Calls WPH2 2/11/2023 13:28:09 HERMOSA BEACH 34 911 Calls WPH2 2/12/2023 16:56:32 HERMOSA BEACH 2 911 Calls WPH2 2/13/2023 11:58:40 HERMOSA BEACH 2 911 Calls WPH2 2/13/2023 14:03:32 HERM BCH 2 911 Calls WPH2 2/13/2023 21:46:49 HERMOSA BEACH 2 911 Calls WPH2 2/14/2023 10:18:59 HERMOSA BEACH 2 911 Calls RESD 2/15/2023 15:47:27 HERMOSA BEACH 1 911 Calls VOIP 2/15/2023 16:21:41 HMB 2 911 Calls WPH2 2/16/2023 08:32:46 HERMOSA BEACH 2 911 Calls WPH2 2/16/2023 18:42:01 HERMOSA BEACH 2 911 Calls WPH2 2/18/2023 07:14:47 HERMOSA BEACH 2 911 Calls VOIP 2/18/2023 22:34:34 HERMOSA BEACH 2 911 Calls WPH2 2/18/2023 22:34:44 HERM BCH 2 911 Calls WPH2 2/19/2023 06:02:50 HERM BCH 2 911 Calls WPH2 2/20/2023 11:10:40 HERM BCH 2 911 Calls WPH2 2/20/2023 16:53:41 HERMOSA BEACH 2 911 Calls WPH2 2/20/2023 18:53:43 HERM BCH 2 911 Calls WPH2 2/21/2023 07:46:26 HERMOSA BEACH 2 911 Calls VOIP 2/21/2023 08:19:23 HERMOSA BEACH 2 911 Calls RESD 2/21/2023 09:12:46 HERMOSA BEACH 2 911 Calls VOIP 2/21/2023 17:55:59 HERM BCH 48 911 Calls WPH2 2/21/2023 17:56:43 HMB 35 911 Calls WPH2 2/21/2023 17:56:51 HERM BCH 15 911 Calls WPH2 2/21/2023 17:58:42 HERM BCH 24 Administrative WPH2 2/21/2023 21:26:26 HERM BCH 16 911 Calls WPH2 Hermosa Call Answer Time 3/2/2023 February 2023 Los Angeles County Fire 121 2/22/2023 01:19:45 HERM BCH 2 911 Calls WPH2 2/22/2023 02:29:54 HERMOSA BEACH 2 911 Calls WPH2 2/22/2023 09:42:43 HERMOSA BEACH 22 911 Calls W911 2/22/2023 13:07:43 HERM BCH 15 911 Calls WPH2 2/22/2023 17:39:07 HERM BCH 2 911 Calls WPH2 2/22/2023 17:43:51 HERM BCH 2 911 Calls WPH2 2/22/2023 20:03:44 HERM BCH 2 911 Calls WPH2 2/22/2023 22:40:04 HERM BCH 2 911 Calls WPH2 2/24/2023 09:03:20 HERM BCH 2 911 Calls WPH2 2/24/2023 10:06:23 HERM BCH 2 911 Calls VOIP 2/24/2023 11:37:36 HERMOSA BEACH 2 911 Calls VOIP 2/24/2023 11:38:01 HERM BCH 2 911 Calls WPH2 2/24/2023 17:48:26 HERM BCH 2 911 Calls WPH2 2/25/2023 06:52:08 HERMOSA BEACH 2 911 Calls WPH2 2/25/2023 07:08:58 HERMOSA BEACH 25 911 Calls WPH2 2/25/2023 08:06:29 HERM BCH 2 911 Calls WPH2 2/25/2023 09:28:36 HERMOSA BEACH 2 911 Calls WPH2 2/25/2023 12:38:58 HERM BCH 2 911 Calls WPH2 2/25/2023 19:55:15 HERMOSA BEACH 2 911 Calls RESD 2/25/2023 21:40:03 HERMOSA BEACH 2 911 Calls BUSN 2/26/2023 09:16:23 HMB 3 911 Calls WPH2 2/26/2023 13:01:12 HERM BCH 2 911 Calls WPH2 2/27/2023 11:49:09 HERM BCH 16 911 Calls WPH2 2/28/2023 11:02:36 HERM BCH 2 911 Calls WPH2 2/28/2023 11:04:47 HERM BCH 2 911 Calls WPH2 2/28/2023 16:32:13 HERM BCH 2 911 Calls WPH2 2/28/2023 22:32:50 HMB 2 911 Calls WPH2 Average Call Answer Time (seconds)6 122 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 6                 2                 8                 01:00:00 TO 01:59:59 6                 4                 10              02:00:00 TO 02:59:59 3                 2                 5                 03:00:00 TO 03:59:59 2                 2                 4                 04:00:00 TO 04:59:59 1                 1                 05:00:00 TO 05:59:59 1                 1                 2                 06:00:00 TO 06:59:59 5                 2                 7                 07:00:00 TO 07:59:59 4                 3                 7                 08:00:00 TO 08:59:59 4                 3                 7                 09:00:00 TO 09:59:59 11              4                 15              10:00:00 TO 10:59:59 10              7                 17              11:00:00 TO 11:59:59 11              7                 18              12:00:00 TO 12:59:59 7                 4                 11              13:00:00 TO 13:59:59 7                 4                 11              14:00:00 TO 14:59:59 6                 4                 10              15:00:00 TO 15:59:59 9                 4                 13              16:00:00 TO 16:59:59 9                 4                 13              17:00:00 TO 17:59:59 10              5                 15              18:00:00 TO 18:59:59 10              5                 15              19:00:00 TO 19:59:59 9                 6                 15              20:00:00 TO 20:59:59 9                 5                 14              21:00:00 TO 21:59:59 9                 4                 13              22:00:00 TO 22:59:59 7                 6                 13              23:00:00 TO 23:59:59 6                 2                 8                 Grand Total 162            90              252            Note: Data based on ImageTrendElite apparatus data.  Units responses in and outside the City of Hermosa Beach. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF FEBRUARY 2023 UNIT RESPONSES  ‐  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 23:59:59E100 S100 123 McCormick Ambulance February 2023 Total Number of Dispatched Calls Dispatched Calls Totals Transported 61 Cancelled 41 Grand Total 102 NOTE: None 61, 60% 41, 40% Total Dispatched Calls Transported Cancelled 124 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 9 5 14 Monday 8 6 14 Tuesday 10 8 18 Wednesday 9 7 16 Thursday 5 2 7 Friday 8 7 15 Saturday 12 6 18 Grand Total 61 41 102 0 2 4 6 8 10 12 14 Completed Canceled 125 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 4 01:00:00 TO 01:59:59 3 02:00:00 TO 02:59:59 2 03:00:00 TO 03:59:59 2 04:00:00 TO 04:59:59 0 05:00:00 TO 05:59:59 1 06:00:00 TO 06:59:59 1 07:00:00 TO 07:59:59 3 08:00:00 TO 08:59:59 5 09:00:00 TO 09:59:59 4 10:00:00 TO 10:59:59 8 11:00:00 TO 11:59:59 8 12:00:00 TO 12:59:59 4 13:00:00 TO 13:59:59 5 14:00:00 TO 14:59:59 5 15:00:00 TO 15:59:59 5 16:00:00 TO 16:59:59 8 17:00:00 TO 17:59:59 5 18:00:00 TO 18:59:59 8 19:00:00 TO 19:59:59 4 20:00:00 TO 20:59:59 5 21:00:00 TO 21:59:59 5 22:00:00 TO 22:59:59 5 23:00:00 TO 23:59:59 2 Grand Total 102 0123456789 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 126 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 14 13 0 27 Code 2: Response Time of 15:00 or less 34 0 0 34 Cancelled Responses 0 0 41 41 Grand Total 48 13 41 102 127 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0212 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 RECEIVE AND FILE LEGISLATIVE POSITION LETTER SUPPORTING SENATE BILL 381 (MIN) ELECTRIC BICYCLES: STUDY AND LETTER OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1 RESTRICTING VOTER’S INPUT AND LOCAL TAXING AUTHORITY (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council: 1.Receive and file the letter of support for Senate Bill 381,which would direct the Mineta Transportation Institute at San Jose State University to conduct a study on electric bicycles to inform efforts to improve the safety of riders and pedestrians (Attachment 1); and 2.Receive and file the letter in opposition of the Taxpayer Protection and Government Accountability Act Initiative No.21-0042A1,which would make it more difficult for local voters to pass measures needed to fund local services and infrastructure (Attachment 3). Executive Summary: The City of Hermosa Beach regularly expresses its support or opposition regarding legislative matters that would have an impact on the City.For matters that pertain to longstanding City goals or stances previously expressed by Council,the Mayor may sign and submit a letter on the City’s behalf.Staff recommends City Council receive and file two letters recently prepared and signed by the Mayor regarding Senate Bill 381 and Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1. Background: Senate Bill 381 (Min) Electric Bicycles: Study For years,the City and the Police Department have worked diligently to ensure bicycle safety through education and enforcement.In November of 2022,the City launched Bike Smart Hermosa a coordinated bike safety campaign in response to community concerns about the rapid rise in the number of e-bikes and other cyclists on City streets and the Strand.The Bike Smart Hermosa safety campaign aims to help prevent bicycle and e-bike accidents and injuries through engineering,traffic enforcement and educational outreach on cycling safely.As the City makes efforts to encourage the City of Hermosa Beach Printed on 4/21/2023Page 1 of 4 powered by Legistar™128 Staff Report REPORT 23-0212 enforcement and educational outreach on cycling safely.As the City makes efforts to encourage the public to bike safely, legislation will also be an important component of enforcement. Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1 At its March 22,2022 meeting,City Council adopted a resolution expressing opposition to the Taxpayer Protection &Government Accountability Act Initiative No.21-0042A1 (Attachment 4).The proposed initiative limits voters'authority,adopts new and stricter rules for raising taxes and fees, and makes it more difficult to raise revenue to cover costs of providing services. Past Council Actions Meeting Date Description March 22, 2022 City Council adopted a resolution expressing opposition to the Taxpayer Protection & Government Accountability Act Initiative No. 21-0042A1 Discussion: Senate Bill 381 (Min) Electric Bicycles: Study As the popularity of e-bikes continues to rise,the safety issues associated with this mode of transportation require further evaluation.Senate Bill 381 would provide the Legislature with the data needed to make informed decisions on future e-bike legislation by directing the Mineta Transportation Institute to collect data on e-bikes and report its findings to legislature. Based on Council’s prior expressed support for e-bike safety and the need for legislation to support local enforcement efforts,Mayor Jackson signed and submitted a letter of support for Senate Bill 381 and submitted the letter to the bill’s author,State Senator Dave Min.Staff recommends Council receive and file the March 22, 2023 letter (Attachment 1). Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1 In the state of California,cities use revenues raised from local taxes,fees and charges,and fines to pay for local services,including,but not limited to,police and fire services,street and sidewalk maintenance, and recreation programs. California State law prescribes the process for instituting new,or increasing existing,taxes and fees. Local governments seeking to institute new,or increase existing taxes and fees are required by law to comply with a clear public process.The Taxpayer Protection and Government Accountability Act Initiative 21-0042A1 would result in several changes that would impose greater restrictions on local governments’ ability to raise revenue to cover costs of providing services. Based on Council’s prior expressed opposition to the initiative,Mayor Jackson signed and submitted a letter of opposition to the initiative and submitted the letter to the League of California Cities.Staff City of Hermosa Beach Printed on 4/21/2023Page 2 of 4 powered by Legistar™129 Staff Report REPORT 23-0212 a letter of opposition to the initiative and submitted the letter to the League of California Cities.Staff recommends Council receive and file the April 13, 2023 letter (Attachment 3). General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Mobility Element Goal 7.A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies: ·7.1 Safe public rights-of-way.Encourage that all public rights-of-way are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. ·7.4 Traffic Safety programs.Prioritize traffic safety programs oriented towards safe access to schools and community facilities that focus on walking, biking, and driving in school zones. ·7.7 Formalize City procedures.Encourage formalizing City procedures for analysis and evaluation of crosswalks and crossing locations citywide and adopt state-of-practice pedestrian improvement guidance aimed at increasing pedestrian safety. Governance Element Goal 4. A leader and partner in the region. Policy: ·4.1 Regional governance.Play an active role in the South Bay Cities Council of Governments,the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.SB 381 Letter of Support 2.Senate Bill 381 3.Initiative No. 21-0042A1 Letter of Opposition 4. Resolution 22-7308 5. Link to March 22, 2022 City Council Staff Report City of Hermosa Beach Printed on 4/21/2023Page 3 of 4 powered by Legistar™130 Staff Report REPORT 23-0212 Respectfully Submitted by: Jay Fall, Management Analyst Concur: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 4 of 4 powered by Legistar™131 City of Hermosa Beach IIn Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 March 22, 2023 The Honorable Dave Min California State Senator, District 37 10th and O St. Offices, Ste 6710 Sacramento, CA 95814 Subject: SB 381 (Min) Electric Bicycles: Study—SUPPORT Dear Senator Min: On behalf of the City of Hermosa Beach, I am writing to express our support for SB 381, which would direct the Mineta Transportation Institute at San Jose State University to conduct a study on electric bicycles to inform efforts to improve the safety of riders and pedestrians. Specifically, this bill will look to guide research of key causes of injuries and fatalities from electric bicycle usage using data collected from a variety of sources. The City of Hermosa Beach is a coastal community in Southern California and, since the pandemic, has observed a rise in electric bicycle sales. Although the surge in popularity for electrical bicycles is important for reducing carbon emissions generated by traditional gasoline-powered automobiles, electrical bicycles have also led to a rise in injuries, accidents, and emergency room visits. Our law enforcement department cannot solve this problem alone. We, as a city, have tried to solve this problem by focusing on the Three E’s: Education, Engineering, and Enforcement, but it is not having a long-lasting effect, and cannot without proper legislation that controls who has access to these types of bicycles. Our community is pointing to our police officers to find a solution and it is setting an unrealistic expectation for all. The legislative agenda in Sacramento over the past few years has focused on laws that minimize law enforcement's role in traffic stops for minor violations. By not addressing the issue, legislators are creating a reality where the only solution left for local communities is MORE police enforcement. Our own Chief of Police Paul LeBaron has been the chair of the California Peace Officers Association Law and Legislative Committee for the past two years and has worked extensively with lawmakers to bring about change in how law enforcement interacts with the community. A lack of movement on this issue is contrary to the good work being done in other areas. 132 Page 2 For these reasons, the City of Hermosa Beach supports SB 381. Should you have any questions, contact our City Manager, Suja Lowenthal at suja@hermosabecah.gov. Sincerely, Ray Jackson Mayor of Hermosa Beach Copy: The Honorable Al Muratsuchi, California State Assemblymember, District 66 The Honorable Ben Allen, California State Senator, District 26 133 AMENDED IN SENATE MARCH 14, 2023 SENATE BILL No. 381 Introduced by Senator Min February 9, 2023 An act to add and repeal Section 21214 of the Vehicle Code, relating to vehicles. legislative counsel’s digest SB 381, as amended, Min. Electric bicycles: study. Existing law defines an electric bicycle to mean a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and subjects a person riding an electric bicycle to provisions of law governing the operation of a bicycle. This bill would require the Mineta Transportation Institute at San Jose State University University, in consultation with relevant stakeholders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to improve the safety of riders and pedestrians, users of the transportation system, and to submit a report of the findings from the study to the Legislature. The bill would require the study to examine or compile, examine, identify, and analyze available information regarding, among other things, data on injuries, accidents, crashes, emergency room visits, and deaths related to bicycles and electronic electric bicycles and data on best practices for safety of regular bicycles versus electric bicycles. best practices for policy to promote safe use of electric bicycles. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ 98 134 The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares both all of the line 2 following: line 3 (a)  Electric bicycles not only offer a solution to car dependency line 4 and transport poverty, but also help reduce our carbon footprint. line 5 As California moves away from its dependence on fossil fuels, we line 6 will see a rise in zero emission modes of transportation, including, line 7 but limited to, electric bicycles. line 8 (b)  While the uptake in usage of electric bicycles is necessary line 9 to meet our climate goals, it is important to ensure rider and line 10 pedestrian safety. Research shows the safety of electric bicycle line 11 riders themselves, as well as the safety of other road users. line 12 Research suggests that accidents with an electric bicycle have line 13 more severe consequences than with a regular bicycle. Head trauma line 14 is significantly higher, although a helmet is much more frequently line 15 used. The main culprit can have severe consequences, including line 16 head trauma. A key factor behind these results, according to the line 17 experts, is the much could be the higher speed. line 18 (c)  It is the intent of the Legislature to improve the safe line 19 movement and expand usage of electric bicycles as a net zero line 20 transportation mode in the context of California’s existing line 21 multimodal transportation system. line 22 (d)  It is the intent of the Legislature to allow individuals the line 23 freedom to travel by transportation modes that reduce externalities, line 24 such as air pollution, climate change, traffic congestion, noise, line 25 and public health and safety impacts. line 26 SEC. 2. Section 21214 is added to the Vehicle Code, to read: line 27 21214. (a)  On or before January 1, 2026, the Mineta line 28 Transportation Institute at San Jose State University University, line 29 in consultation with relevant stakeholders, shall conduct a study line 30 on electric bicycles to inform efforts to improve the safety of riders line 31 and pedestrians, all users of the transportation system, and submit line 32 a report of the findings from the study to the Legislature. The study line 33 shall examine or compile examine, identify, and analyze available line 34 information, including, but not be limited to, all of the following: line 35 following topics: line 36 (1)  Data on injuries, accidents, crashes, emergency room visits, line 37 and deaths related to bicycles and electronic electric bicycles. 98 — 2 — SB 381 135 line 1 (2)  Data comparing the injury patterns between bicycles and line 2 electric bicycles in California. line 3 (3)  Data on best practices for safety of regular bicycles versus line 4 electric bicycles. line 5 (4)  Review of all laws in the code pertaining to electric bicycles. line 6 (5)  Recommended accessories, including, but not limited to, line 7 headlights, speedometers, brakes, bells, reflectors, and helmets, line 8 and how having these accessories help to provide safety. line 9 (2)  Factors and circumstances that are correlated with the line 10 crashes of bicycles and electric bicycles. line 11 (3)  Best practices for policy to promote safe use of electric line 12 bicycles. line 13 (4)  Laws in other state vehicle codes pertaining to electric line 14 bicycles. line 15 (5)  Data on the safety impacts from electric bicycle components line 16 and accessories including, but not limited to, headlights, line 17 speedometers, brakes, tires, bells, and reflectors. line 18 (6)  Data on the safety performance of electric bicycle batteries. line 19 (6) line 20 (7)  Data on the manufacturing of electric bicycles, including, line 21 but not limited to, the market of electric bicycles, manufacturer line 22 information, sales patterns, and the number of electric bicycles on line 23 California roads, including the usage by city and the reasons behind line 24 the usage. line 25 (7)  Data on other countries with high electric bicycles usage, line 26 including a review of policy mechanisms those countries use to line 27 regulate and promote the safe use of electric bicycles and what line 28 California can learn from them. line 29 (8)  Review of policies that other countries with high electric line 30 bicycle ridership use to promote the safe use of electric bicycles, line 31 including, but not limited to, cyclist and driver training, street line 32 infrastructure policy, and insurance or licensing requirements. line 33 (9)  Recommendations for state policy to support expanded use line 34 of electric bicycles that protects the safety of riders and other road line 35 users, including, but not limited to, recommendations on whether line 36 there are needed revisions to the Vehicle Code, and improved data line 37 collection on electric bicycles. line 38 (b)  (1)  A report to be submitted pursuant to subdivision (a) line 39 shall be submitted in compliance with Section 9795 of the line 40 Government Code. 98 SB 381 — 3 — 136 line 1 (2)  Pursuant to Section 10231.5 of the Government Code, this line 2 section is repealed on January 1, 2030. O 98 — 4 — SB 381 137 City of Hermosa Beach IIn Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 April 13, 2023 Bismarck Obando Director of Public Affairs, League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 Subject: Taxpayer Protection & Government Accountability Act Initiative 21-0042A1 – OPPOSITION Dear Mr. Obando: On behalf of the City of Hermosa Beach, I am writing to express our opposition to the Taxpayer Protection & Government Accountability Act Initiative 21–0042A1. At its March 22, 2022 meeting, the Hermosa Beach City Council adopted a resolution opposing the developer- sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents. The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure and would create barriers for cities to maintain and generate the necessary revenue to provide essential services to communities, including local infrastructure, protecting our environment, water quality, air quality, and natural resources. It would also restrict the authority of state and local governments to issue fines and penalties for corporations and property owners that violate state and local laws. Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. For these reasons, the City of Hermosa Beach Opposes the Taxpayer Protection & Government Accountability Act Initiative 21-0042A1. Should you have any questions regarding this matter, please contact our City Manager, Suja Lowenthal at suja@hermosabeach.gov. Sincerely, Ray Jackson, Mayor City of Hermosa Beach Copy: Jeff Kiernan, Regional Public Affairs Manager, Cal Cities jkiernan@calcities.org Jorge Morales, Legislative and Governmental Affairs Consultant, California Contract Cities Association, jorge@contractcities.org 138 Page 1 of 2 22-7308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 22-7308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXPRESSING OPPOSITION TO THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1 WHEREAS; in 2018, Tax Fairness, Transparency and Accountability Act (“Initiative No. 17-0050”), was being circulated to qualify for the November 2018 ballot and; WHEREAS; Initiative No. 17-0050 would have drastically limited local revenue authority; and; WHEREAS; the proponents of the Initiative No. 17-0050 withdrew the initiative from the ballot in June 2018; and WHEREAS on January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1) to be considered for the November 2022 ballot, which would decimate vital local and state revenue-generating methods; and; WHEREAS; Initiative 21-0042A1 is even more harmful to local governments than Initiative No. 17-0050 would have been, as it would limit voters’ input, restrict local tax and fee authority to provide local services, and restrict the authority of state and local governments to issue fines and penalties for corporations and property owners that violate state and local laws; and; WHEREAS, the measure creates barriers for cities to maintain and generate revenue to provide services to communities, including local infrastructure, protecting our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure; and WHEREAS, the League of California Cities’ Board of Directors voted unanimously to oppose the initiative. Following the Board’s unanimous decision, a coalition of public safety, labor, local government and infrastructure advocates have joined together to fight against this potential measure; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, harbors, affordable housing, services to support homeless residents, mental health services, and more. NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS:           139 Page 2 of 2 22-7308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 1. that the City, opposes Initiative 21-0042A1. Section 2. that the City of Hermosa Beach will join the NO on Initiative 21- 0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state. Section 3. The City Clerk shall email a copy of this adopted resolution to the League of California Cities at BallotMeasures@calcities.org. PASSED, APPROVED, and ADOPTED this 22nd day of March, 2022. _________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ __________________________ Susan Morrow, Interim City Clerk Michael Jenkins, City Attorney           140 141 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0213 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 RESOLUTION APPROVING CHANGES TO THE 2022-2025 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HERMOSA BEACH AND THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911 (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends City Council adopt a resolution (Attachment 1)approving a Side Letter Agreement (Attachment 3)between the City of Hermosa Beach and General and Supervisory Employees’Bargaining Unit California Teamsters Local 911,modifying Article 47,Section B.1.to move Chavez Day and Juneteenth from Section B.1.a to B.1.b. Executive Summary: Upon completion of a meet and confer process,staff recommends modification of the 2022-2025 Memorandum of Understanding (MOU)between the City of Hermosa Beach and the California Teamsters Union Local 911 under Article 47-Holidays,Section B.1 to correct an administrative oversight pertaining to holidays for the Community Service Officers and Supervisors. Background: The Meyers-Milias Brown Act requires that local public agencies negotiate with its respective bargaining units regarding wages,hours,and working conditions.At its October 25,2022 meeting, City Council approved the MOU (Attachment 2)between the City of Hermosa Beach and the California Teamsters Local 911 for the period of July 1, 2022 through and including June 30, 2025. Past Council Actions Meeting Date Description October 25, 2022 Council adopted resolution approving the 2022-2025 Memorandum of Understanding (MOU) between the City of Hermosa Beach and the General and Supervisory Employees’ Bargaining Unit, California Teamsters Local 911 City of Hermosa Beach Printed on 4/21/2023Page 1 of 3 powered by Legistar™142 Staff Report REPORT 23-0213 Discussion: Teamsters and Management representatives jointly agree that the adopted July 1,2022 through June 30,2025 California Teamsters Local 911 MOU,under Article 47-Holidays,the two new holidays, Cesar Chavez Day (March 31)and Juneteenth (June 19)were incorrectly placed under Section B.1.a,and should have been placed under Section B.1.b.The holidays listed under Section B.1.a allows all Community Services Officers (CSO)and Supervisors to have the day off with pay,which results in no parking enforcement on these holidays.The holidays listed under Section B.1.a include Thanksgiving,Christmas Day,and New Year’s Day.The holidays listed under Section B.1.b allows Community Service Officers and Supervisors,who are scheduled to work on holidays to report to work and receive holiday pay.Parking enforcement and other services provided by the CSO team would continue during these holidays.The holidays listed under Section B.1.b include Martin Luther King Jr.’s Birthday,President’s Day,Memorial Day,Independence Day,Labor Day,and Veteran’s Day.Both parties agree this was an administrative oversight and that Cesar Chavez Day and Juneteenth should be classified under Section B.1.b, ensuring continuity of service to the community. Effective March 24,2023,the California Teamsters Local 911 and Management representatives agreed to execute a Side Letter Agreement (Attachment 3)outlining the changes to Article 47- Holidays.As such,staff recommends City Council adopt a resolution (Attachment 1)to approve a change to Article 47,Section B.1.,Community Service Officers and Supervisors to move Chavez Day and Juneteenth from Section B.1.a to B.1.b. 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: There is no fiscal impact associated with the recommended action. Attachments: 1.Draft Resolution 2.2022-2025 Teamsters Local 911 MOU City of Hermosa Beach Printed on 4/21/2023Page 2 of 3 powered by Legistar™143 Staff Report REPORT 23-0213 3.Side Letter Agreement No. 1 4.Link to October 25, 2022 City Council Staff Report Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 3 of 3 powered by Legistar™144 Page 1 of 2 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CHANGES TO THE 2022-2025 MEMORANDUM OF UNDERSTANDING WITH THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911. WHEREAS, employees of the City of Hermosa Beach, California represented by the General and Supervisory Employees’ Bargaining Unit California Teamsters Local 911, have elected to meet and confer with the City of Hermosa Beach on matters concerning wages, hours, and working conditions; and, WHEREAS, the above bargaining unit has selected certain individuals to represent them; and, WHEREAS, Employee and City of Hermosa Beach Chief Labor Negotiator have jointly negotiated changes to the Memorandum of Understanding which has been approved by members of the General and Supervisory Employees’ Bargaining Unit California Teamsters Local 911; and, WHEREAS, the Employee and City of Hermosa Beach Chief Labor Negotiator have mutually agreed to recommend that the City Council adopt these changes to the current Memorandum of Understanding. 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 specific modifications to Article 47, Section B.1., Community Service Officers and Supervisors to move Chavez Day and Juneteenth from Section B.1.a to B.1.b. 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. 145 Page 2 of 2 RES NO. 23- PASSED, APPROVED and ADOPTED on this 25th day of April, 2023. Raymond Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 146 Page 1 of 1 RES NO. 22-7343 CITY OF HERMOSA BEACH RESOLUTION NO. 22-7343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911. WHEREAS, employees of the City of Hermosa Beach, California represented by the General and Supervisory Employees’ Bargaining Unit California Teamsters Local 911, have elected to meet and confer with the City of Hermosa Beach on matters concerning wages, hours, and working conditions; and, WHEREAS, the above bargaining unit has selected certain individuals to represent them; and, WHEREAS, Employee and City of Hermosa Beach Chief Labor Negotiator have jointly negotiated changes to the Memorandum of Understanding which has been ratified by a majority vote of the members of the General and Supervisory Employees’ Bargaining Unit California Teamsters Local 911; and, WHEREAS, the Employee and City of Hermosa Beach Chief Labor Negotiator have mutually agreed to recommend that the City Council adopt these changes to the Memorandum of Understanding. 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 enter into a Memorandum of Understanding to be effective for the period July 1, 2022 through and including June 30, 2025, and authorizes the City’s Chief Negotiator to sign the Memorandum of Understanding on behalf of the City. 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 25th day of October, 2022. Mayor Michael Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ____________________________________ Myra Maravilla, MPA, CMC, City Clerk Michael Jenkins, City Attorney DocuSign Envelope ID: 4B23C350-D49C-48A3-9468-0051CF21DF57 147 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) October 25, 2022 Certification of Council Action RESOLUTION NO. 22-7343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911. I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 22-7343 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 25th day of October, 2022 and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE JACKSON, COUNCILMEMBERS ARMATO, CAMPBELL, and MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla, MPA, CMC City Clerk DocuSign Envelope ID: 4B23C350-D49C-48A3-9468-0051CF21DF57 148 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HERMOSA BEACH AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES’ UNION, LOCAL 911 A FORMAL MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS, WAGES, AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES’ UNION, LOCAL 911 GENERAL & SUPERVISORY EMPLOYEES’ BARGAINING UNIT July 1, 2022 - JUNE 30, 2025 149 TABLE OF CONTENTS SUBJECT PAGE ACCESS TO WORK STATION ....................................................................................................................... 4 AGENCY SHOP .......................................................................................................................................... 4 ARBITRATION ...........................................................................................................................................32 BEREAVEMENT LEAVE ..............................................................................................................................20 BULLETIN BOARDS ..................................................................................................................................... 4 CHECK CASHING ....................................................................................................................................... 7 CITY/UNION MEETINGS .............................................................................................................................. 5 COMPENSATORY TIME .............................................................................................................................23 CONSTITUTIONALITY .................................................................................................................................. 2 DEFERRED COMPENSATION ....................................................................................................................... 7 DISCIPLINE, SUSPENSION, DISCHARGE .....................................................................................................30 EDUCATIONAL INCENTIVE .........................................................................................................................15 EMPLOYEE INFORMATIONAL BOOKLET ........................................................................................................ 7 FULL UNDERSTANDING, MODIFICATION, W AIVER ......................................................................................... 1 GRIEVANCES/APPEAL OF DISCIPLINE ........................................................................................................30 HEALTH AND WELFARE ............................................................................................................................25 HOLD HARMLESS ....................................................................................................................................... 5 HOLIDAYS ...............................................................................................................................................21 HOURS AND OVERTIME .............................................................................................................................. 8 JOB DESCRIPTIONS AND CLASSIFICATIONS ................................................................................................. 5 JOB SHARING ............................................................................................................................................ 6 JURY DUTY .............................................................................................................................................20 LAYOFF ...................................................................................................................................................27 LOCKERS .................................................................................................................................................. 7 LONG TERM DISABILITY ...........................................................................................................................26 LONGEVITY PAY ......................................................................................................................................17 MAINTENANCE OF MEMBERSHIP ................................................................................................................. 5 MANAGEMENT RIGHTS ............................................................................................................................... 2 MILITARY LEAVE PAY ...............................................................................................................................20 MUTUAL RECOMMENDATION ...................................................................................................................... 1 NON-DISCRIMINATION ................................................................................................................................ 4 PARTIES TO MEMORANDUM ........................................................................................................................ 1 PAYROLL DEDUCTION ..............................................................................................................................13 PREMIUM PAY .........................................................................................................................................17 PROBATION ............................................................................................................................................... 5 150 PRODUCTIVITY .......................................................................................................................................... 6 PROPER CLASSIFICATION COMPENSATION ................................................................................................15 PUBLIC W ORKS STANDBY PAY .................................................................................................................16 REASONABLE NOTICE ................................................................................................................................ 4 RECOGNITION ............................................................................................................................................ 1 REDUCED HOUR POSITIONS .....................................................................................................................10 REDUCTION IN LIEU OF LAYOFF ................................................................................................................28 REPORT PAY AND COURT PAY .................................................................................................................14 REST PERIOD ............................................................................................................................................ 7 RETIREMENT ...........................................................................................................................................23 RETURN TO W ORK FROM LAYOFF ............................................................................................................28 SCHEDULING FOR POLICE DEPARTMENT AND PUBLIC W ORKS ....................................................................10 SCOPE OF REPRESENTATION ..................................................................................................................... 1 SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY .......................................................29 SENIORITY ................................................................................................................................................ 6 SHIFT DIFFERENTIAL ................................................................................................................................14 SICK LEAVE .............................................................................................................................................19 STEWARDS ADMINISTRATIVE LEAVE .........................................................................................................13 TEMPORARY, SEASONAL AND SUMMER YOUTH EMPLOYMENT ...................................................................... 6 TEMPORARY UPGRADE PAY .....................................................................................................................15 TERM OF AGREEMENT .............................................................................................................................34 UNIFORMS...............................................................................................................................................12 VACATION ...............................................................................................................................................19 WAGE RATE ............................................................................................................................................12 151 1 MEMORANDUM OF UNDERSTANDING FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT ARTICLE 1 – PARTIES TO MEMORANDUM This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement", has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management", and the CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, hereinafter referred to as the "Union". ARTICLE 2 – RECOGNITION The City recognizes the Union as the exclusive bargaining representative for all employees who are or become employed in those job classifications contained on Exhibit "A”, which is attached hereto and made a part of this Agreement. The parties recognize that thi s Agreement contains wages, benefits and working conditions that pertain only to Members of the Union. ARTICLE 3 – MUTUAL RECOMMENDATION This Agreement constitutes a mutual recommendation by the parties to the City Council. This Agreement shall become effective upon approval by the City Council of the City. ARTICLE 4 – SCOPE OF REPRESENTATION The scope of representation of the Union shall include all matters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment. ARTICLE 5 – FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or Agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement. C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto 152 2 unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 6 – CONSTITUTIONALITY If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portion of this Agreement. The Union, through the use of its legal staff, will defend the City against any lawsuits brought about or due to any item of this Agreement. It is understood that the City will not have to pay any of the costs of defense of this Agreement. ARTICLE 7 – MANAGEMENT RIGHTS A. It is agreed that during the term of this Agreement herein the exercise of the following powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules and Regulations, and other statutory law. B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management’s rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Union, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. C. MANAGEMENT RIGHTS 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 153 3 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means of performing services. 10. Determine the size, character and use of inventories. 11. Determine the financial policy including accounting procedures. 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any and all necessary action to carry out the mission of the City in cases of an emergency. 154 4 ARTICLE 8 – NON-DISCRIMINATION Both parties to this Agreement agree not to discriminate against any employee or applicant because of age, gender, race, national origin, religion, color, ancestry, marital status, sexual orientation, physical or mental disability, medical condition, and/o r Association Membership or activity. Additionally, the City expects and requires all employees to treat one another with dignity and respect. Harassment of fellow employees is a violation of law. No employment decision may be made based upon an employe e’s submission to or rejection of such conduct. It is the responsibility of any employee who believes that they are the victim of such harassment, whether sexual, racial, ethnic or religious, to report the conduct to the supervisor, Department Head, Human Resources Manager/Director or the City Manager in a timely manner. ARTICLE 9 – REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Civil Service Board Agenda for each meeting be sent via e-mailed to each authorized representative of the recognized employee organization shall constitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Civil Service Board may act. ARTICLE 10 – ACCESS TO WORKSTATION The City agrees to grant official representatives of the Union the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during working hours. It is agreed that there will be as little interference as possible by the Union Business Representative or Shop Steward during the working hours of said employee and efforts will be made to minimize work time spent by either the Shop Steward or employee. It is agreed that the Chief Shop Steward shall be permitted to conduct a reasonable amount of Union business regarding grievances/appeals during working hours (such time to be logged) without loss of pay and that the Union may use City facilities to conduct meetings when such facilities are available. ARTICLE 11 – BULLETIN BOARDS Through a Letter of Agreement, the City and Union agree to specifically prescribe the location of a reasonable number of bulletin board locations where the recreational, health and welfare, social affairs, notices of meetings or elections and appointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City workstations or premises is prohibited without the prior permission of the City Manager or an authorized departmental management official. ARTICLE 12 – AGENCY SHOP A. All employees covered by this Agreement and employees subsequently hired must within 30 days of the effective date of this Agreement or 30 days from date of employment and as a condition of employment, either become and remain a Member 155 5 of the Union in good standing for the term of this Agreement or pay a monthly service fee equal to Union dues to the Union. B. Any employee who is a Member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations shall not be required to join or pay a service fee to the Union, however, such employee shall be required to pay a monthly sum equal to Union dues to one of the charitable organizations listed below in the same manner as state in “A” above for the duration of this Agreement. Charitable Organizations: 1. United Way 2. City of Hope 3. American Cancer Society ARTICLE 13 – MAINTENANCE OF MEMBERSHIP All employees who are Members or who have made application for Membership as of July 1, 1978 and employees who thereafter become Members shall remain as Members in good standing of the Union as a condition of employment for the term of this Agreement. It is agreed that for the term of this Agreement no other employee organization may seek representation nor may the City recognize another employee organization or petition for an election. ARTICLE 14 – HOLD HARMLESS The Union, through the use of its legal staff, will defend the City against any lawsuits brought about because of the provisions of Article 13. ARTICLE 15 – JOB DESCRIPTIONS AND CLASSIFICATIONS A. City and Union reaffirm their mutual intent to regularly review job descriptions and formal class specifications in order to update existing specifications. B. It is further agreed that when a class specification is created, the City and Union will meet and attempt to reach Agreement on the proposed classification, pay and job description. ARTICLE 16 – CITY/UNION MEETINGS It is agreed that the Management Team will meet with the Union Representative(s) when requested by the Union to best effect implementation of this document. ARTICLE 17 – PROBATION A. All employees covered by this Agreement shall have a probationary period of twelve (12) months. Upon the recommendation of the Department Director and with the approval of the City Manager, an employee’s probation may be extended for up to six 156 6 (6) months. Upon completion of the probation the employee shall be given a salary step increase. B. Probationary employees, whether new hires or promotional, shall be formally evaluated every three (3) months. C. All new hires may make application for Union Membership as of their date of employment with the City. The City will notify the Union in writing of all new hires. ARTICLE 18 – SENIORITY A. Seniority shall be the determining factor in all acting appointments, promotions, and transfers within the unit. Seniority as herein applied shall be defined as the last date of hire with the City, and as applied shall consist of the following factors: 1. Qualifications and Ability 2. Physical Fitness 3. Length of Continuous Service B. When 1 and 2 are relatively equal, length of continuous service shall govern. C. This principle of seniority shall not apply to any employee with less than one (1) year of continuous service with the City or with less than six (6) months of service in his most recent job classification. D. Seniority shall be terminated by discharge or other termination of employment (except in cases of layoff). ARTICLE 19 – TEMPORARY, SEASONAL AND SUMMER YOUTH EMPLOYMENT The hiring of temporary employees shall be governed by the provisions of the Hermosa Beach City Code. ARTICLE 20 – PRODUCTIVITY The City and the Union mutually agree to continually seek means of increasing productivity among all City departments. ARTICLE 21 – JOB SHARING Subject to Civil Service hiring requirements, City may allow employees to job share one permanent position on a voluntary basis. Such positions are subject to the provisions of this Memorandum of Understanding provided however that the City paid health and dental premiums or equivalent thereof, shall cover the one position, for employee only. These employees shall have their pay calculated on an hourly basis and shall accrue Vacation/Holiday/Sick Leave and employee Benefits Option proportional to regular hours worked. Designated hourly wage shall be equally reduced for each employee by the amount required to pay for the second benefit package. 157 7 ARTICLE 22 – DIRECT DEPOSIT Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the bank or Credit Union of the employee's choice. ARTICLE 23 – DEFERRED COMPENSATION Each Union Member, individually, may elect to participate in the Deferred Compensation Plans established and adopted by the City of Hermosa Beach. ARTICLE 24 – LOCKERS Consistent with past practice, City agrees to continue to provide lockers to employees covered by this Agreement, who are required to report to duty in uniform, for the purpose of storing and securing personal property. Employees accept responsibility for the cleanliness of said lockers. City supplied lockers are the property of the City and employees assigned a locker have no expectation of privacy. ARTICLE 25 – EMPLOYEE INFORMATIONAL BOOKLET Each department shall provide the employees working within that department an information sheet defining department rules and procedures for use of Sick Leave, Vacation, paid time off, etc. ARTICLE 26 – REST PERIOD A. Employees shall be allowed one (1) fifteen (15) minute rest period in accordance with departmental rules during each half of the regular workday or regular work shift. Employees working twelve (12) hour shifts shall receive three (3) fifteen (15) minute rest periods per shift. 1. These rest periods will not be taken at the beginning or end of either half of the regular workday or work shift. 2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused. 3. Breaks must be taken on the work site or at a City facility although it is recognized that purchases may be made in the vicinity during the rest period. ARTICLE 27 – HOURS AND OVERTIME A. For FLSA purposes a "WORK-WEEK" shall be defined as: 1. For employees working a 5/40 or 4/40 Monday through Friday schedule: commencing at 0001 hours Sunday and terminating at 2400 158 8 hours Saturday. The work week for employees working other than a Monday through Friday schedule shall be defined in such a manner as to comply with FLSA work period requirements 2. For employees working a Monday through Friday 9/80 schedule: commencing 1101 hrs. Friday and terminating the following Friday at 1100 hrs. The work week for employees working other than a Monday through Friday schedule shall be defined in such a manner as to comply with FLSA work period requirements. The “9/80” schedule provides eighty (80) scheduled hours in a 14-day (two week) cycle where (1) one week the employee works four 9-hour work-days and one 8-hour workday, and (2) the subsequent week consists of four 9-hour work- days with one day off. The “work week” for FLSA overtime purposes shall be established as four hours into the shift of the eight-hour day and in such a manner that no Consecutive seven-day (168 hour) period shall exceed 40 hours. 3. For employees working a 3/36 schedule: The 3/36 schedule shall be established in such a manner so as to be in compliance with the Fair Labor Standards Act (FLSA) regarding overtime. B. The City agrees to pay all Union Members time and one-half (1-1/2) their regular rate of pay for all hours worked in excess of their regularly scheduled workweek. C. In determining an employee's eligibility for overtime compensation in a workweek, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked (this does not apply for mandatory overtime where the employee receives less than twelve (12) hours’ notice). For this purpose, paid leaves of absence and unpaid leaves of absence include: 1. "A” Time 2. Sick Leave 3. Jury Duty 4. Military Leave For example, if an employee is scheduled (with more than 12 hours’ notice) to work overtime at the end of their shift for three hours and takes two hours sick time during that same workday, the employee would receive straight time for the first two extra hours and time and one-half for the remaining one hour. If, however, the employee is held-over without notice, he or she would receive time and one -half for all extra hours. D. The City and Union agree that employees covered by this Agreement who are subject to the biannual daylight savings time changes will not be eligible for compensation or be subject to loss of paid time because of the change in hours. E. If an employee works on a holiday that falls on their regular workday the employee shall receive compensation at a rate of time and one half in addition to the ir regular 159 9 rate of pay for that day. The effect of this is to pay two and one -half times the employee’s regular rate of pay. The employee may choose to receive either compensatory time off or pay for those hours. F. If an employee works on a holiday th at falls on their regular day off, the City shall compensate the employee at the rate of time and one-half their regular rate of pay for all hours worked that day. In addition, the employee will accrue Holiday comp time for the holiday. The effect of this is to pay two and one-half times the employees’ regular rate of pay. G. If a holiday falls on the employee’s regularly scheduled day off and the employee does not work that day, the employee shall accrue Holiday Comp time for the holiday in accordance with the holiday schedule based on the employee’s regular work schedule. H. All overtime for Police Service Officers shall be distributed in the following manner: Seniority shall be the determining factor in all overtime. All overtime shall be offered to the most senior officer first with the following exceptions: 1. To meet immediate staffing levels, i.e. being held over for an unforeseen heavy workload or immediate emergency. 2. In the event that there is a female in custody and no female PSO is on du ty, then the closest female PSO shall be offered the overtime. Closest refers to the PSO’s geographic location to the City, in which seniority shall not apply. 3. Seniority shall remain the determining factor in signing up for scheduled overtime (sign-up sheets). Once a PSO signs up for scheduled overtime, he or she may be bumped by a more senior PSO with three days ’ notice. The bumping PSO shall make every effort to contact the PSO bumped to advise them of the situation. In all cases, priority (without regard to seniority) shall be given to the PSO who signs up for the entire shift. 4. Once a PSO signs up for an overtime slot, he or she is responsible for fulfilling that assignment unless he or she calls in sick. The PSO cannot remove their name from the sign-up sheet unless they find a replacement or get approval from the PSO Supervisor. ARTICLE 28 – REDUCED HOUR POSITIONS A. Subject to Civil Service hiring requirements, City may hire employees in permanent positions of at least twenty (20) hours/week but less than forty (40) hours/week; such positions are subject to the provisions of this Memorandum of Understanding provided however that City paid Medical and Dental premiums shall cover the employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/sick leave proportional to regular hours worked. Said employees are subject to the Agency Shop clause. 160 10 B. Completion of a probationary period in a position of at least 20 hours/week is applicable to any/all such positions; seniority shall accrue from date of appointment regardless of hours worked (at least twenty (20) hours/week and up to forty (40) hours/week). C. Appointments to "Reduced Hours Positions" shall be processed on a Personnel Action form which shall designate the number of hours to be worked. There shall be an annual review of the average hours worked. D. Employees in "Reduced Hours Positions" shall be given consideration for all full time positions before consideration of other hiring to fill full time positions. E. City may create such positions; employees may volunteer to occupy such positions. No permanent forty (40) hour employee may be required to accept a less hours/week position. ARTICLE 29 – SCHEDULING FOR POLICE DEPARTMENT AND PUBLIC WORKS A. Community Services Division 1. Community Services Officers a. Police Department personnel assigned to the field operations of the Community Services Division shall have four (4) quarterly shift changes per twelve month period These quarterly shift changes shall begin on the first Sunday of the first month of each quarter. The quarters shall run as follows: 1) June, July, August 2) September, October, November 3) December, January, February 4) March, April, May Shifts will be assigned on the basis of seniority. The Department will make a reasonable attempt to post the schedule thirty (30) days prior to the effective date of the rotation. b. When schedule rotation results in an employee working more than fort (40) consecutive hours, that employee will be paid time and one-half overtime for all hours worked in excess of forty (40) hours in a workweek as defined in Article 27. c. Union and Management agree that in the event there is a change in hours or the number of positions, directed by policy, a new schedule will be negotiated. 2. Community Services Field Supervisors 161 11 a. Community Services Field Supervisors are not included in the Community Services Field Officer’s schedule rotation and their schedule will be established according to the Department’s needs. b. When schedule rotation results in an employee working more than forty (40) consecutive hours, that employee will be paid time and one -half overtime for all hours worked in excess of forty (40) hours in a work week as defined in Article 27. B. Police Service Officers/Lead/Supervisors: 1. The following rules shall apply for the purpose of shift selection by all Union employees working in the Police Department Jail division: a. Seniority shall be the determining factor. b. For the purpose of shift selection, seniority shall be defined as: 1) Length of continuous service within the classification, to begin with the hire date of said classification. 2) Test score of the classification. 3) If Section "a” is equal, then Section "b" shall be the determining factor in seniority. 2. There will be four (4) quarterly shift changes per twelve (12) month period. These quarterly shift changes shall begin on the first Sunday of the first month of each quarter, except for the month of September, which shall begin on the second Sunday of the month due to the Labor Day Holiday. The quarters shall run as follows: 1) June, July, August 2) September, October, November 3) December, January, February 4) March, April, May The Department will make a reasonable attempt to post the schedule thirty (30) days prior to the effective date of the rotation. 3. Union employees must change their shift at least once within that year, unless Management and the employee mutually agree that the employee may remain on the same shift. 4. The City and the Union agree that where Police Department Management determines there is a legal obligation to provide and staff Police Department services, such staffing shall be accomplished. The Union and Police Department Management agree to meet and confer to discuss options of meeting such staffing requirements. 162 12 C. Public Works Department 1. Public Works employees working in field operations shall work a 5/40, 9/80 or 4/10 schedule as determined by mutual Agreement between the City and Union. ARTICLE 30 – UNIFORMS A. The City shall continue to provide uniforms to all Union Members in the Public Works Department in accordance with past practice or as may be modified by Agreement with the Public Works Director and approved by the City Manager. B. All Union Members assigned to work in the Police Department, who are either required to work in uniform or maintain a serviceable uniform, shall be provided with the department prescribed initial clothing necessary to perform their assignment, including shoes and jacket. C. Building Inspectors and Public Works City Yard employees will be eligible for the purchase of work boots twice a year at a maximum price of $125 per pair. The boot allowance will not be reported to CalPERS as special compensation. Selection of the vendor and the purchasing process will be established by the Public Works Director within the purchasing policies of the City. D. The City agrees to supply employees assigned to Code Enforcement with a uniform, consisting of one jacket, 4 polo shirts, and 3 pairs of pants, consistent with the uniform currently in place. E. After the employee has twelve (12) months of continuous service, the City shall then provide $40.00 per month for the purpose of uniform maintenance and replacement. F. Uniforms shall be worn and maintained in conformance with established department standards. ARTICLE 31 – WAGE RATE A. The salary table attached to the MOU as Exhibit A shall be revised by increasing each amount as follows: 1. Effective July 1, 2022, the salary table shall be adjusted to bring all bargaining unit positions that are below market median as determined by the 2022 Ralph Anderson & Associates Compensation Study and Report to the median identified by the Study and Report. 2. Effective July 1, 2022, and after the implementation of median adjustments, where applicable, the salary table shall be increased by three percent (3%). The retroactive adjustment will be made for all employees who are currently employed with the City as of the date the City Council approves the MOU. 163 13 a. One-Time Non-Pensionable Lump Sum Payment: For fiscal year 2022- 2023, following ratification and Council approval, all full-time employees at the time of ratification holding positions in classifications assigned to Teamsters will receive a one-time, non-pensionable lump sum bonus in the amount of $1,500.00. 3. The Ralph Anderson & Associates Compensation Study and Report will be updated on or before May 1, 2023 and May 1, 2024. 4. Effective July 1, 2023, and after the implementation of median adjustments, where applicable, the salary table shall be increased by three percent (3%). 5. Effective July 1, 2024, and after the implementation of median adjustments, where applicable, the salary table shall be increased by three percent (3%). 6. The parties understand that these amounts (with the exception of the one-time lump sum payment) shall be reported to the California Public Employees Retirement System (CalPERS) as employee compensation and thus be “PERSable.” B. The City and the Union agree that salary steps for all classifications are “1” through “5”, each step to be one (1) year apart. Step increases shall be effective at the beginning of the next pay period following the employee's anniversary of their date of hire (1st or 16th of the month). To be eligible for a step increase, an employee must receive an overall evaluation of “meeting expectations” or better. C. Generally, initial appointments shall be made at the "1” step. Upon the recommendation of the Department Director, appointment may be made at a higher step. D. All employees shall be eligible for advancement through the steps based on performance. In cases of exceptional performance, and upon the recommendation of the Department Director, an employee may, with the approval of the City Manager, be advanced a step within the salary range at other than one-year intervals. Such advancement shall establish a new anniversary date for future advancements. E. The Union and City agree to the concept that all employees covered by this Agreement should receive a performance review at least annually. ARTICLE 32 – PAYROLL DEDUCTION It is mutually agreed that the City will, during the term of this Agreement, deduct moneys and remit to the Union as authorized by employee Payroll Deduction Authorization a deduction for dues, providing there is not more than one deduction per pay period. ARTICLE 33 – STEWARDS ADMINISTRATIVE LEAVE A. The City shall provide a total of one (1) shift per steward per year for use in attending employer-employee related seminars, conferences, etc., with the concurrence of the 164 14 Human Resources Department. It is agreed that for the purposes of this section, the maximum number of Stewards who are eligible shall be limited to five (5). B. The Union will provide the City with a written list of Stewards upon reques t by the City. ARTICLE 34 – REPORT PAY AND COURT PAY A. Report Pay is that pay for all time worked, or reported to work, after the employee, having completed his last regular scheduled shift, left the work location and is requested to report to work from their domicile. Report Pay shall be equally distributed per department and not per section, if the emergency is not of a specific nature, providing the employee is qualified. Each Department shall establish a uniform "Call-Out" policy and procedure for emergencies. The policy shall include, but not be limited to: (1) Equal distribution for call-outs of qualified employees, and (2) establishment of voluntary call-out lists. It is understood that any employee who declines a "call-out" will be removed from the voluntary list and will not be eligible for replacement on that list for a period of six (6) months. B. It is agreed that all employees shall receive either a minimum of four (4) hours report pay/accrued Compensatory Time or time and one-half (1-1/2) in pay or accrued Compensatory Time, whichever is greater, for any and all call-outs. Such pay received shall be considered as full compensation for said call -out and shall not be considered as hours worked for calculation of FLSA overtime. C. It is further agreed that all employees subpoenaed to court while on an off -duty status shall receive either a minimum of three (3) hours pay/accrued Compensatory Time or time and one-half (1-1/2) for actual hours spent in court, or while in an on-call status, whichever is greater. Such pay received shall be considered as full compensation for time so spent and shall not be considered as hours worked for calculation of FLSA overtime. ARTICLE 35 – SHIFT DIFFERENTIAL A. All employees covered by this Agreement working the swing shift shall receive sixty- four cents (.64) per hour Shift Differential Pay. All employees working the graveyard shift shall receive seventy-four cents (.74) per hour Shift Differential Pay. The parties understand that this payment is reportable to PERS and is “PERSable.” B. It is agreed that for the purpose of determining eligibility for Shift Differential Pay, the swing shift commences at 3:00 P.M., and the graveyard shift commences at 11:00 P.M. In order to be eligible for Shift Differential Pay, the assigned shift must have four (4) or more hours after commencement of the shift for which the Member claims Shift Differential Pay. Any employee who is compensated at the rate of one and one -half times their regular rate of pay shall not be eligible for Shift Differential Pay (except for Holidays worked as a part of the employee's regular schedule). C. Police Department 165 15 1. It is agreed that in the Police Department the Police Service Officers and Community Services Officers working any shift shall be paid during their lunch break and rest period, subject to recall to work at any time should the need arise. 2. Lunch breaks shall be taken as close as possible to the middle of the regular work shift. Rest periods shall be taken during each half of the regular work shift. Lunch breaks and rest periods shall be subject to the following conditions: a. They shall not be taken at the beginning or end of either half of the regular work shift. b. They shall not be accumulated nor shall they have any monetary value if unused. c. They must be taken on the work site or within the Police Department/Base III facility although it is recognized that purchases may be made in the vicinity. 3. It is further agreed that supervisors shall make every effort to ensure that the employee receives said rest periods and lunch breaks. ARTICLE 36 – TEMPORARY UPGRADE PAY Employees covered by this Agreement who are temporarily assigned to a higher classification because of emergency conditions, Sick Leave, Vacation and/or relief shall receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such assignment. Community Service Officers assigned temporary upgrade pay as a Supervisor will receive 5% above their regular salary. The parties understand that these amounts shall be reported to PERS as compensation and shall be “PERSable.” ARTICLE 37 – PROPER CLASSIFICATION COMPENSATION Upon promotion, step increases shall be calculated based on the anniversary date of the promotion. ARTICLE 38 – EDUCATIONAL INCENTIVE A. The City agrees that Union Members who desire to enroll in training and academic courses 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, including summer sessions) paid by the City in advance subject to the approval of the City Manager. The employee will reimburse the City for all expenses if the 166 16 employee fails or does not complete the said courses or if the employee leaves City employment during the semester they are enrolled and received payment. B. For employees hired after March 1, 1994, 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; half time @ 50% reimbursement, etc.). C. International Conference of Building Officials (ICBO) Certificate Pay 1. The City shall pay a one-time bonus of $300/certificate/person for holders of International Conference of Building Officials (ICBO) Certificates; said bonus paid for each such Certificate commencing with the second one; Certificates eligible for bonus are: Building Inspector Electrical Inspector Plumbing Inspector Mechanical Inspector Combination Inspector Plans Examiner Uniform Fire Code Rehabilitation/conservation Inspector 2. The City shall reimburse the employee for certification and re -certification costs associated with certification examinations. 3. The parties understand that this pay increment is reportable to PERS as compensation and is “PERSable.” ARTICLE 39 – PUBLIC WORKS STANDBY PAY A. After Hours Emergency Response 1. Qualified employees may be assigned, at the discretion of the Public Works Director or Designee, to Standby Duty for after-hours emergency response. 2. Standby Duty shall be assigned to one employee for a period of seven (7) calendar days at the rate of two hundred and fifty dollars ($250.00) per week. 3 While on Standby Duty, the assigned employee shall: carry a department provided pager; respond via telephone within ten (10) minutes to any page; and report fit-for-duty within twenty (20) minutes following receipt of call-out information. The employee shall receive additional compensation for all hours worked pursuant to Article 34 B, “Report Pay.” 4. To be eligible for Standby Duty assignment an individual must: 1) have adequate knowledge of the City’s sewer system, the ability to trouble shoot and operate the sewer rodder, and/or 2) possess a working knowledge of the irrigation systems and operate a chainsaw for tree clearing. 167 17 5 Have the ability to drive/operate the cat, backhoe and dump trucks, and/or 6. Have a working knowledge of all electrical and street lighting systems. The Public Works Superintendent shall certify that an individual possesses the required skills. The parties understand that the stipends set forth in this article are not reportable to PERS as compensation and are not “PERSable.” B. Absence of Public Works If the Public Works Superintendent is absent for more than a seven (7) calendar day period, an assigned employee will perform the normal duties of the Superintendent, including being on a 24 hour pager and will be compensated at the rate of two hundred and fifty dollars ($250.00) per week. In the event that the assigned employee handles the emergency directly, Article 34 B Report Pay will apply. The parties understand that this payment is not reportable to PERS and is thus not “PERSable.” ARTICLE 40 – LONGEVITY PAY Employees hired prior to August 1, 1983 will continue to receive Longevity Pay of 10.25%. This amount is reportable to PERS as compensation and is “PERSable.” ARTICLE 41 – PREMIUM PAY A. Training Premium 1. Police Service Officers and Community Service Officers who have been certified as Training Officers, as determined by the department, shall be eligible for Training Officer Premium Pay in the amount of $1 for each hour so assigned training duties. This amount shall be reported to PERS as compensation and is “PERSable.” 2. Eligibility for compensation as a Training Officer shall be annotated by way of an Exception Slip and paid as part of the regular payroll process. B. Lead Worker/Supervisor (Police Service Officer) Premium 1. An individual in the classification of Police Service Officer may, with the approval of the Division Captain and the Chief of Police, be selected to serve in an assignment as Lead Police Services Officer and shall receive a 10% premium above base salary while so assigned. An individual so assigned may be removed with cause. This amount is reported to PERS as compensation and is “PERSable.” 2. The Lead Police Service Officer shall met the criteria, and be responsible for the duties, listed in Exhibit B attached hereto. 168 18 C. Public Works Department Premiums 1. Public Works Department employees in the classification of Maintenance I or Maintenance II who meet the requirements of the premium pay categories of (1) Electrician; (2) Carpenter; (3) Traffic Specialist (4) Irrigation Specialist; or (5) Street Maintenance Technician, (6) Sewer/Storm Drain Specialist, as described in Exhibit C, as certified by the Public Works Superintendent, and approved by the Public Works Director may be selected to receive a 10% premium above base salary while assigned the designated duties. A maximum of six (6) employees may receive the premium. The parties understand that this payment is not reportable to PERS and is thus not “PERSable.” D. Bilingual Premium 1. The City agrees to pay a 5% premium above base salary per month to full time employees, not to exceed five (5) in number, who have demonstrated proficiency/fluency in a second language which has been demonstrated to be of value to the City in providing customer service. This compens ation will be paid to employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English. This amount shall be reported to PERS as compensation and shall be “PERSable.” 2. An employee receiving Bilingual Skill Premium will be called upon to assist in any department within the City on an “as needed basis” to provide interpretation services. Individuals receiving a Bilingual Skill Premium may periodically be subject to call-out or be required to work in excess of their regular schedule. In the event of call-out or overtime, compensation shall be in accordance with the appropriate provisions of this Agreement. 3. Employees with bilingual ability will be tested for oral skill in the designated language by the Human Resources Manager/Director. Applicants must successfully pass the examination to be eligible for Bilingual Skill Premium. Periodic evaluation of incumbents receiving Bilingual Skill Premium will be required. 4. Should there be more than five (5) applicants for Bilingual Skill Premium, the City reserves the right to select the applicant who best meets the needs of the City. Factors to be considered in selection include, but are not limited to, proficiency in both speaking and writing designated language as well as the ability to provide multiple shift coverage. 5. This premium pay applies to more than one labor group, therefore, the total number of five (5) full-time employees is city-wide, not per labor group. 169 19 ARTICLE 42 – VACATION A. It is agreed that all employees covered by this Agreement 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. For initial new hires, vacation will accrue but cannot be used. C. No current employee shall have an accrual rate less than the rate in effect as of August 30, 1988. D. All employees may cash in up to eighty (80) hours vacation time per fiscal year. E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash out for hours above that amount. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. ARTICLE 43 – SICK LEAVE A. Sick Leave shall be used only in case of sickness or disability of the employee or in the case of serious illness or death within the immediate family. Misuse of Sick Leave shall be grounds for disciplinary action. B. To receive compensation while absent on Sick Leave, employees shall notify the City per their Department's policy. C. When absence is for more than three (3) consecutive working days, the City may require that the reason for the leave be verified by a written statement from a n attending physician stating the cause of absence. The employee shall furnish any other proof of sickness reasonably required by the City. D. Effective July 1, 2022, employees shall accrue Sick Leave at the rate of ten (10) hours per month. All employees will be paid for the first day sick. E. Effective July 1, 2017, each year eligible, an employee may cash in a maximum of 96 hours of unused sick days earned from December 1 to November 16 th of the current year. This cash out is to be paid to the employee on the first payday in December. Provided however, in lieu of cash out employees may convert 100% of their sick time, in excess of one-hundred seventy-six (176) hours, to vacation time. All employees shall maintain a balance of one hundred seventy-six (176) hours to be eligible for any cash out. 170 20 F. Upon resignation or retirement, all employees with five (5) years or more service may elect to be paid for seventy-five percent (75%) of all unused sick hours accrued prior to July 1, 2017 at their current rate upon resignation or retirement. Upon resignation or retirement, all employees with twenty (20) years or more service accrued prior to July 1, 2017 may elect to be paid for one hundred percent (100%) of all sick hours at their current rate upon resignation or retirement. G. Except as otherwise provided in E above, sick leave accrued after July 1, 2017, shall not be paid 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. ARTICLE 44 – BEREAVEMENT LEAVE Each employee covered by this Agreement shall receive a maximum of three (3) days per calendar year to be utilized for Bereavement Leave because of a death in their immediate family. Immediate family for the purposes of this section shall be defined as: father; mother; father-in-law; mother-in-law; brother; sister; spouse; or legal dependent. Employees may pre-designate and substitute other Members defined as “immediate family.” The intent of this provision is not to expand the number of persons included in the definition of “immediate family” or to increase paid leave opportunities, but, rather to recognize variation in family structure (e.g. stepmother for mother). Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. The Department Director may grant one (1) additional shift in the event of a death which requires extended travel. ARTICLE 45 – JURY DUTY A. 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. All jury fees except mileage reimbursement shall be returned to the City. B. Employees who have served four (4) or more hours in one day of jury duty will not be required to report for work within twelve (12) hours of the time they were released, dismissed, or excused from jury duty for the day. At the Supervisor’s discretion an employee may be excused from the reporting requirement if the time they would be at work is de minimis. ARTICLE 46 – MILITARY LEAVE PAY Employees covered by this Agreement will be granted Military Leave pursuant to governing State and Federal law. 171 21 ARTICLE 47 – HOLIDAYS A. All employees covered by this Agreement working the 5/40 schedule shall receive 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; Thanksgiving Friday; Christmas Eve (5 hours); Christmas Day; New Year’s Eve (5 hours). B. Employees covered by this Agreement working the 4/40 schedule in positions assigned to areas that are closed on the holidays listed below, shall receive 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; Veteran's Day; Thanksgiving Day; Christmas Day. 1. Community Service Officers & Supervisors a. All employees covered by this Agreement working as a Community Services Officer and/or Community Service Supervisor shall receive the following holidays off with pay: Thanksgiving; Christmas Day; New Years’ Day; Cesar Chavez Day; Juneteenth. b. All employees covered by this Agreement working as a Community Services Officer and/or Community Services Supervisor are eligible to receive Holiday pay for the following Holidays: Martin Luther King, Jr.’s Birthday; President’s Day; Memorial Day; Independence Day; Labor Day; Veterans’ Day. If an employee is not scheduled to work on a designated Holiday, they shall be compensated 10 hours or 12 hours (depending on their regular work schedule) of Holiday Comp Time (HCE) or Holiday Pay. If an employee works on a Holiday that falls on their regular day off, the City shall compensate the employee at a rate of time and one-half for overtime worked, in addition to the previously mentioned 10 hours or 12 hours Holiday Comp Time or Pay. If an employee works on a holiday that falls on their regular workday, the employee shall receive 15 hours (10 hours Holiday times 1.5) or 18 hours (12 hours Holiday times 1.5) Holiday Comp Time or Pay in addition to their regular rate of pay for that day. The effect is to pay two and one-half times the employee’s regular rate of pay. The employee may choose to receive either Holiday Compensation Time or pay for those hours earned. C. All employees covered by this Agreement working a 9/80 schedule shall receive ninety (90) hours of Holiday Time per calendar year. Each year of this Agreement, 172 22 the 9/80 holiday schedule for "A” Shift and “B” Shift will be developed and agreed to by Union and City. D. For all holidays that fall on a Saturday, employees will receive compensatory time. For all holidays that fall on a Sunday, the holiday will be observed on Monday. This does not apply to employees in the classification of Police Service Officer/Lead/Supervisor, Community Services Officer and Community Service Supervisor. For these positions, Holidays shall be observed on the specific calendar day that the Holiday actually falls on (not necessarily on the day that City Hall is closed in observance of the Holiday). For example, if Christmas day falls on a Sunday, the Holiday for the above noted positions will be observed on that Sunday. E. Police Service Officers/Lead/Supervisors 1. All employees’ covered by this Agreement working as a Police Service Officer, Lead Police Service Officer, or Police Service Officer Supervisor, are eligible to receive Holiday pay for the following Holidays: New Year’s Day; Martin Luther King, Jr.’s Birthday, President’s Day; Cesar Chavez Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veteran’s Day; Thanksgiving Day; Christmas Day. 2. If an employee is not scheduled to work on that Holiday, they shall be compensated 10 hours or 12 hours (depending on their regular work schedule) of Holiday Comp Time or Pay. If an employee works on a Holiday that falls on their regular day off, the City shall compensate the employee time and one-half for any overtime hours worked up to 10 hours or 12 hours (depending on their shift). Any hours worked over ten (10) or twelve (12) hours will be paid at two and one-half times their regular rate in addition to the 10 hours or 12 hours of Holiday Comp Time/Pay stated above. If an employee works on a holiday that falls on their regular work day, the employee shall receive their regular rate of pay in addition to time and one-half for all hours worked, up to ten (10) or twelve (12) hours. Any hours worked over ten (10) or twelve (12) hours will be paid at two and one-half times their regular rate. The effect is to pay two and one-half times the employee’s regular rate of pay. The employee may choose to receive either Holiday Compensatory Earned (HCE) or pay for those hours earned. F. In addition to the above, all employees covered by this Agreement, will receive ten (10) hours of Holiday Flex Time for the following purpose: these ten hours can only be used for either Christmas Eve (Decemb er 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. Police and Fire Department employees who 173 23 are required to work those two dates have until January 31st to use the ten (10) hours. The hours cannot be cashed-in and cannot be carried over from January 31st. ARTICLE 48 – COMPENSATORY TIME A. In lieu of pay, Compensatory Time may be earned at a rate of one and one -half times the actual hours worked in an overtime Situation. Said Compensatory Time may be accrued to a maximum of one hundred (100) hours with an automatic cash-out of any overage as a part of the regular payroll process. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th. B. In a holiday situation, Compensatory Time can be earned as indicated in Article 27 and can be accrued up to 100 hours with an automatic cash out of any overage. C. Separate accrual banks shall be maintained for each type of Compensatory Time. D. The granting of requests for Compensatory Time of f shall not be unreasonably withheld and shall be made in accordance with departmental policies. E. Employees may elect to cash-in accrued compensatory time except during any pay period in which the employee is absent without pay. ARTICLE 49 – RETIREMENT A. Tier I. The City provides the PERS 2% at 55 Plan with one year final compensation to employees hired prior to July 1, 2011. The City will pay the employee’s 7% contribution to PERS. The City shall report to P.E.R.S. the value of the 7% em ployer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). Tier II. For new employees hired on or after July 1, 2011 up to and concluding December 31, 2012, the PERS retirement benefit formula shall be the 2% @ 60 plan, with retirement benefits calculated on one year final compensation. This became effective July 1, 2011 when a new contract with PERS was signed. Prior to January 1, 2013, the City paid the employee’s 7% contribution to PERS and did not reope n this issue during the 2011-12 negotiations. 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) and will not reopen this issue during the 2011 - 12 negotiations. B. Except as set forth in subsection C immediately below, 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%. 174 24 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 inc ome pursuant to section 414(h)(2) of the U.S. Internal Revenue Code. C. 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). D. Any employee covered by this Agreement will be eligible, upon service retirement from this City, for a medical supplement. Said supplement shall be in the following amount: 1. For those who were hired before July 1, 2018 and who retired after July 1, 2008: 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 HMO premium of the lowest cost HMO plan 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. For those who retired before June 30, 2008: For service retirement at age fifty-five (55) with a minimum of twenty (20) years continuous service, a $250.00 (or cost of policy whichever is less) per month medical insurance supplement, provided, however, that no currently retired employee shall have a benefit amount less than they are currently receiving. 3. For those hired on or after July 1, 2018: The City will provide a medical insurance supplement of $400 per month. A retiring employee must have completed a minimum of twenty (20) years of continuous service with the City of Hermosa Beach and be at least sixty (60) years of age to be eligible for this benefit. 3. The medical supplement payments specified in Sections D(1) – D(3) above, shall commence with the first month following the employee's service retirement in which the employee is responsible for pa yment of the insurance premium. 4. In order to be eligible for medical supplement payments, an employee must either remain on a medical insurance plan offered by the City or provide proof 175 25 of coverage on a self -procured medical insurance plan or coverage through a spouse or domestic partner’s medical plan. 5. Retirees who are eligible for a supplement but who are not covered on the City policy are still eligible to receive their stipend. 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. The amount paid to the retiree will be the lesser of the amount paid for coverage or the stipend amount allowed by the MOU. 6. Any employee receiving a benefit under this Article agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.) for which they may become eligible unless such Federal and/or State medical insurance plan or equivalent no longer exists. For all active employees, the benefit will end at the month in which the member becomes eligible for State or Federal Medicare, which is currently 65 years of age. ARTICLE 50 – HEALTH AND WELFARE A. The City agrees to make available health, dental, vision, long term disability, psychological health, and life insurance. B. Life Insurance The City shall provide and pay the full premium for a life insurance policy for each employee payable in the amount of $50,000. C. Long Term Disability Insurance The City will provide and pay the full premium for long term disability insurance for each employee. D. Medical Insurance The City will provide employees a choice of a Preferred Provider Option (PPO) or a Health Maintenance Organization (HMO), both of which will include prescription coverage. For the benefit years beginning January 1, 2023, and later, the City’s maximum monthly premium 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 e xceeds the City’s maximum contribution shall pay the difference by payroll deduction. E. Dental Insurance The City’s maximum monthly premium contribution toward dental insurance for each employee’s selected plan and level of coverage will be $226.30. 176 26 F. Vision Insurance The full cost of the Vision Plan shall be borne by the employee. G. Psychological Health The City will continue to provide full family coverage for the psychological health benefit. H. The City and the union mutually recognize the need to explore cost containment measures to control the increasing rates of the various lines of insurance coverage provided to City employees. As part of the annual insurance program renewal process, the City shall explore various alternate benefit levels to mitigate premium increases such as changes to copayments and deductibles. The City agrees to meet with the Insurance Review Committee to review and discuss any proposed changes to existing benefit levels. ARTICLE 51 – LONG TERM DISABILITY A. An employee utilizing the 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 Fa mily 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 Members are entitled to a total of 12 weeks of leave during any 12 - month period. A Member’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 per iod” 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 a Member 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. 177 27 5. Members 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 51 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. ARTICLE 52 – 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 City shall give such employees not less than thirty (30) days advance notice of separation and reason therefore. C. Layoff shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary employee. All probationary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee in the affected class or classes and such layoff shall be by seniority. D. The criterion used in determining the order of separation shall be seniority. Seniority is defined as the total time worked within one's current classification. Whereve r seniority in classification is equal, the following criteria shall be applied in the order below: 1. Total City service 2. Relative position on the certified eligibility list 3. Drawing of lots E. The seniority date shall be the date of permanent appointment from a certified Civil Service List. For those employees who have served in their current classification prior to 1981, the seniority date will be the date of appointment via personnel action. F. Date of hire shall include all City service including CETA and FEEA time but not part time/no benefit service. G. Seniority shall not include the time which was terminated by voluntary resignation from the competitive service, layoff, leave of absence or suspension from the competitive service but shall include time served on military leave of absence. 178 28 H. When a layoff affects a classification which crosses department lines, the junior employee in said classification shall receive the layoff regardless of department as outlined in paragraphs D, E and F. I. Employees laid-off shall have the City paid portion of their medical insurance premiums paid for two months following the date of lay-off. ARTICLE 53 – RETURN TO WORK FROM LAYOFF A. It is mutually agreed that the names of probationary and permanent employees laid off shall be placed upon an eligibility list for classes which, in the opinion of the City Manager, require essentially the same qualifications and duties and responsibilities as those of the class of position from which the layoff was made. B. Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re -employed by the City. The result being, by classification, the last employee laid off shall be the first rehired. C. In the event that an employee on a rehire list is offered a position in the classification from which they were laid off and does not accept said position, then their name shall be removed from all re-employment lists. Acceptance of temporary employment does not affect eligibility on permanent re-employment list. D. In the event that an employee on a rehire list is offered a position in a lower classification from which he/she was laid off and does not accept said position, his/her name shall be removed from the lower classification rehire list but will remain on the higher classification list. E. Employees hired from the re-employment list into a classification lower than the classification in which they were laid off shall have their names maintained on the re- employment list for the higher classification until said re-employment list expires. F. Notices of recall from layoffs shall be sent by certified mail (return receipt requested) and shall specify the date for reporting to work which shall not be more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by postal service. Notice of recall will also be forwarded to the recognized bargaining agent. Employees to be laid off shall submit to the Personnel office their current address at the time of separation. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity. G. Any employee failing to respond in writing within five (5) days of recall, or failing to report on the prescribed date within the two (2) week maximum, waives all remaining rights to recall on all re-employment lists. The City will proceed to the next senior person until recall needs are met or the list(s) is exhausted. 179 29 H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 52 Layoff, paragraphs D, E and F. ARTICLE 54 – REDUCTION IN LIEU OF LAYOFF A. It is mutually agreed that an employee whose position is abolished shall be permitted to drop back into the next lower classification within the same classification family and (i.e. Maintenance II to Maintenance I; Senior Account Clerk to Account Clerk) within his/her department and continue in service provided he/she is qualified to perform the duties of the lower classification. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least seniority. B. In the case of reduction of any employee in the City Service to a class with a lower pay range such employee's salary shall be reduced to a pay step in the lower range corresponding to less than one step in dollar amount below that which he held in the higher class before such reduction. C. For purposes of future step advancement, accrued time in the higher classification step shall be retained. D. An employee whose position is abolished shall be permitted to continue in service in a lateral position (same salary range) within their department if there is a vacancy and the employee meets the minimum qualifications for the vacant position. E. An employee shall be required to successfully complete a thorough background investigation for any position they assume as a result of reduction in -lieu or lateral transfer if such a background investigation is required of a new-hire employee. ARTICLE 55 – SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facili ties to be used for industrial accidents or illness. However, in the event the Union Members covered by this MOU wish to grieve the City's selection, the City will give due consideration to the facts presented and may select a new facility. Employees may designate a personal physician to provide treatment in the event of a workers’ compensation injury or illness. A pre-designation form entitled, “PERSONAL PHYSICIAN PRE-DESIGNATION FORM FOR WORK RELATED INJURIES” must be completed in order to designate a physician. This two-page form is available in the Human Resources Department and must be signed by the employee AND their personal physician and returned to the Human Resources Department BEFORE an injury occurs in order to be valid. B. An employee who suffers an injury on duty on or after that date will continue to have payment of the City's portion of all health insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred. 180 30 C. Accrual of vacation, sick and holidays shall be governed by the provisions of Article 51(A). D. Nothing herein shall prevent an employee from utilizing their accrued time in addition to receiving temporary disability payments under the provisions of the Workers' Compensation laws of the State of California in order to maintain their full salary. ARTICLE 56 – DISCIPLINE, SUSPENSION, DISCHARGE A. The City understands the value of progressive discipline and will endeavor to incorporate that procedure in its disciplinary policy. Therefore, as a guideline, the City will endeavor to adhere to the following progressive disciplinary procedure: 1. Written Notice(s) 2. Written reprimand(s) 3. Suspension(s); Reduction-in-Pay; Demotion 4. Demotion/Reduction in pay 5. Termination B. The above procedure will be used only as a guideline and will apply to all of the Union's classifications and positions. C. Appeals of Discipline shall be governed by the provisions of Article 57. ARTICLE 57 - GRIEVANCES/APPEAL OF DISCIPLINE A. Purpose of Grievance/Appeal Procedures: 1. To promote improved Employer-employee relations by establishing procedures on matters. 2. To provide that Grievances/Appeals shall be settled as near as possible to the point of origin. 3. To provide that the Grievance/Appeal procedures shall be as informal as possible. B. A "Grievance” shall be defined as a controversy between the City and the Union or an employee or employees covered by this Agreement. Such controversy must pertain to any of the following: 1. Any matter involving the application of any provision of this Agreement; or 2. Any matter involving the violations of any provision or intent of this Agreement; or 181 31 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this Agreement. C. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her. D. There shall be an earnest effort on the part of both parties to settle grievances/appeals promptly through the steps listed below. Grievances/Appeals must be processed with Union participation. E. STEP 1 Grievance - An employee's Grievance/Appeal must be submitted in writing by the employee fully stating the facts surrounding the Grievance/Appeal and detailing the specific provisions of this Agreement alleged to have been violated, and presented to the first line supervisor or management representative immediately in charge of the aggrieved/disciplined employee within fifteen (15) calendar days after the employee could have been reasonably expected to have had knowledge. The supervisor or management representative shall reply to the employee by the end of the fifteenth (15th) calendar day following the presentation of the Grievance/Appeal and the giving of such answer will terminate Step 1. F. STEP 2 - If the Grievance/Appeal is not settled in Step 1, t he Grievance/Appeal will be presented to the Department Director (or, in the case of an appeal of a disciplinary action initiated by a Department Director or where the Department Director participated in the decision to administer discipline, to the Human Resources Manager/Director) within ten (10) calendar days after termination of Step 1. Appeals of written reprimands shall be presented to the Human Resources Manager/Director. A meeting with the employee, shop steward and Department Director/Human Resources Manager/Director (or designee) will be arranged at a mutually agreeable location and time to review and discuss the Grievance/Appeal. Such meeting will take place within ten (10) calendar days from the date the Grievance/Appeal is received by the Department Director/Personnel Director (or designee). The Department Director/Human Resources Manager/Director (or designee) may invite other Members of management to be present at such meeting. The Department Director/Human Resources Manager/Director (or designee) will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. G. An appeal of Discipline in the form of a Written Notice shall not be continued beyond the second step. H. In the case of an appeal of discipline in the form of a written reprimand, if the appeal is not resolved to the satisfaction of the disciplined employee, the employee may request the matter be submitted to a mediator who is a Member of the State of California Mediation Service. Any such request for mediation shall be made within 7 calendar days of the conclusion of Step 2 of the Appeal process. Following mediation, any determination regarding the written reprimand shall be final and n o further appeal shall be allowed. 182 32 I. STEP 3 - If the Grievance/Appeal is not settled in Step 2, it shall be submitted to the City Manager. The Union Representative and City Manager or his designee shall, within seven (7) calendar days after the terminat ion of Step 2, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the Grievance/Appeal. Such meeting will take place within ten (10) calendar days from the date the Grievance/Appeal is referred to Step 3. A decisi on shall be rendered within seven (7) calendar days from the date of such meeting. The decision shall be in writing. The giving of such reply will terminate Step 3. J. Time limits, as set forth above for each of the steps may be extended by mutual Agreement between the parties but neither party shall be required to so agree. K. In the event the Union calls witnesses that must be excused from work, the City agrees to excuse same in a paid status. The parties agree that in the event the Union Member or the Union fail to comply with the time limits contained herein, such failure constitutes a waiver of the right to prosecute the Grievance/Appeal; it is furthe r agreed that in the event the City or its representatives fail to comply with the prescribed time limits, such failure constitutes an agreement to concur with the grievant’s/appellant's position and remedy. L. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits. ARTICLE 58 – ARBITRATION A. Grievances/Appeals which are not settled pursuant to the Grievance/Appeal procedure herein and which either party desires to contest further, shall 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 conclusion of Step 3 of the Grievance/Appeal procedure. B. 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. C. Either the City or the Union may call any employee as a witness, and the City agrees to release said witness from work if he is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Union; the Union may pay the expense. D. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based 183 33 solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. E. The decision of the arbitrator within the limits herein prescribed shall be final and binding upon the parties to the dispute. F. The mutual decision of the parties and/or the arbitrator in any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another board, authority, commission and/or agency for it is the intent of this Agreement to supplant the Civil Service (Personnel Board) hearing and appeal s ystem with the provisions of this Article. G. The arbitrator may hear and determine only one grievance/appeal at a time without the express Agreement of the City and the Union. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. ARTICLE 59 – CIVIL SERVICE RULES The Union is in agreement with the City’s intent to place a measure on the November 8, 2022 ballot to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City’s Civil Service System as set forth Chapter 2.76 of the Hermosa Beach Municipal Code pertaining to Civil Service. The Union understands that the repeal of the Ordinance is nec essary to allow the City to update its personnel rules and civil service rules. 184 185 35 EXHIBIT A EFFECTIVE JULY 1, 2022 - JUNE 30, 2023 (Compensation Study Median Adjustment* & 3%) Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 G33 ACCOUNT CLERK $4,599 $4,829 $5,070 $5,324 $5,589 G43 BUILDING & PLANNING TECHNICIAN*$5,110 $5,366 $5,634 $5,916 $6,211 G01 BUILDING INSPECTOR*$6,420 $6,741 $7,078 $7,432 $7,803 G06 CODE ENFORCEMENT OFFICER $5,806 $6,096 $6,401 $6,721 $7,057 G31 COMMUNITY SERVICES OFFICER*$4,682 $4,916 $5,162 $5,420 $5,691 G24 ENGINEERING TECHNICIAN**$4,887 $5,131 $5,388 $5,657 $5,940 G25 EQUIPMENT MECHANIC $5,325 $5,591 $5,871 $6,165 $6,474 G41 MAINTENANCE I $4,128 $4,334 $4,551 $4,779 $5,018 G29 MAINTENANCE II $4,599 $4,829 $5,070 $5,324 $5,589 G39 OFFICE ASSISTANT $4,128 $4,334 $4,551 $4,779 $5,018 G13 POLICE SERVICE OFFICER $5,170 $5,429 $5,700 $5,985 $6,284 G05 PUBLIC WORKS INSPECTOR $6,200 $6,510 $6,836 $7,178 $7,537 G23 SENIOR ACCOUNT CLERK $5,061 $5,314 $5,580 $5,859 $6,152 G45 SENIOR OFFICE ASSISTANT $4,542 $4,769 $5,007 $5,257 $5,520 Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 S01 CREW SUPERVISOR*$6,378 $6,697 $7,032 $7,384 $7,753 S03 SENIOR EQUIPMENT MECHANIC $6,125 $6,431 $6,753 $7,091 $7,446 S07 COMMUNITY SERVICES FIELD SUPERVISOR*$5,702 $5,987 $6,286 $6,600 $6,930 S09 POLICE SERVICE OFFICER SUPERVISOR $6,115 $6,421 $6,742 $7,079 $7,432 GENERAL & SUPERVISORY BARGAINING UNIT - TEAMSTERS LOCAL 911 SUPERVISORY CLASSIFICATIONS 186 36 EXHIBIT A (Cont.) EFFECTIVE JULY 1, 2023 - JUNE 30, 2024 (3% for all classifications) Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 G33 ACCOUNT CLERK $4,737 $4,974 $5,223 $5,484 $5,756 G43 BUILDING & PLANNING TECHNICIAN*$5,263 $5,526 $5,802 $6,092 $6,397 G01 BUILDING INSPECTOR*$6,613 $6,943 $7,290 $7,655 $8,037 G06 CODE ENFORCEMENT OFFICER $5,980 $6,279 $6,593 $6,923 $7,268 G31 COMMUNITY SERVICES OFFICER*$4,822 $5,064 $5,317 $5,583 $5,861 G24 ENGINEERING TECHNICIAN**$5,034 $5,285 $5,549 $5,826 $6,118 G25 EQUIPMENT MECHANIC $5,485 $5,759 $6,047 $6,349 $6,668 G41 MAINTENANCE I $4,252 $4,464 $4,687 $4,921 $5,169 G29 MAINTENANCE II $4,737 $4,974 $5,223 $5,484 $5,756 G39 OFFICE ASSISTANT $4,252 $4,464 $4,687 $4,921 $5,169 G13 POLICE SERVICE OFFICER $5,325 $5,591 $5,871 $6,165 $6,473 G05 PUBLIC WORKS INSPECTOR $6,386 $6,705 $7,040 $7,392 $7,763 G23 SENIOR ACCOUNT CLERK $5,213 $5,473 $5,747 $6,034 $6,337 G45 SENIOR OFFICE ASSISTANT $4,678 $4,912 $5,158 $5,416 $5,685 Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 S01 CREW SUPERVISOR*$6,569 $6,898 $7,243 $7,605 $7,985 S03 SENIOR EQUIPMENT MECHANIC $6,309 $6,624 $6,955 $7,303 $7,669 S07 COMMUNITY SERVICES FIELD SUPERVISOR*$5,873 $6,167 $6,475 $6,799 $7,138 S09 POLICE SERVICE OFFICER SUPERVISOR $6,298 $6,613 $6,944 $7,291 $7,655 GENERAL & SUPERVISORY BARGAINING UNIT - TEAMSTERS LOCAL 911 SUPERVISORY CLASSIFICATIONS 187 37 EXHIBIT A (Cont.) EFFECTIVE JULY 1, 2024 - JUNE 30, 2025 (3% for all classifications) Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 G33 ACCOUNT CLERK $4,879 $5,123 $5,379 $5,648 $5,930 G43 BUILDING & PLANNING TECHNICIAN*$5,421 $5,692 $5,977 $6,276 $6,590 G01 BUILDING INSPECTOR*$6,811 $7,152 $7,510 $7,886 $8,280 G06 CODE ENFORCEMENT OFFICER $6,160 $6,468 $6,791 $7,131 $7,488 G31 COMMUNITY SERVICES OFFICER*$4,967 $5,215 $5,476 $5,750 $6,038 G24 ENGINEERING TECHNICIAN**$5,185 $5,444 $5,716 $6,002 $6,302 G25 EQUIPMENT MECHANIC $5,649 $5,932 $6,229 $6,540 $6,867 G41 MAINTENANCE I $4,379 $4,598 $4,828 $5,069 $5,322 G29 MAINTENANCE II $4,879 $5,123 $5,379 $5,648 $5,930 G39 OFFICE ASSISTANT $4,379 $4,598 $4,828 $5,069 $5,322 G13 POLICE SERVICE OFFICER $5,485 $5,759 $6,047 $6,349 $6,666 G05 PUBLIC WORKS INSPECTOR $6,578 $6,906 $7,251 $7,614 $7,995 G23 SENIOR ACCOUNT CLERK $5,369 $5,638 $5,920 $6,216 $6,527 G45 SENIOR OFFICE ASSISTANT $4,819 $5,060 $5,313 $5,579 $5,858 Monthly Salary Range GRADE TITLE Step 1 Step 2 Step 3 Step 4 Step 5 S01 CREW SUPERVISOR*$6,766 $7,105 $7,460 $7,833 $8,225 S03 SENIOR EQUIPMENT MECHANIC $6,498 $6,823 $7,164 $7,522 $7,898 S07 COMMUNITY SERVICES FIELD SUPERVISOR*$6,049 $6,352 $6,670 $7,004 $7,354 S09 POLICE SERVICE OFFICER SUPERVISOR $6,487 $6,812 $7,153 $7,511 $7,887 GENERAL & SUPERVISORY BARGAINING UNIT - TEAMSTERS LOCAL 911 SUPERVISORY CLASSIFICATIONS 188 38 EXHIBIT B LEAD POLICE SERVICE OFFICER CRITERIA/DUTIES 1. Must have been satisfactorily performing all job functions within the classification of Police Service Officer. 2 Shall be Police Service Training Officer certified within twelve (12) months of appointment. 3. Must be able to utilize a Records Management System (RMS) with independence and efficiency. 4. Shall be responsible for supervision and scheduling of assigned Police Service Officers. 5. Shall participate in and coordinate performance evaluations and recommend training as necessary for assigned personnel. 6. Shall represent the jail division at department and other meeting as required. 7. Shall be responsible for recommending policies and procedures for jail operations and ensuring compliance with same when approved. 8. Shall assist in the maintenance of the jail operation manual. 9. Shall have responsibility for coordination and scheduling of the department’s Trustee Program. 10. Must have the ability to make responsible and prudent decisions in all assigned areas that pertain to the functions of the department. 189 39 EXHIBIT C PUBLIC WORKS DEPARTMENT PREMIUM PAYS CRITERIA/DUTIES A. Electrician 1. Must be able to independently trouble shoot and effectively repair malfunctioning circuits and systems. 2 Must have ability to build and install high voltage components and systems. 3. Must have familiarity with, and ability to apply, Uniform Electrical Code standards. 4. Must have ability to work with and install 110 voltage systems. 5. Must be able to repair and/or replace malfunctioning components. 6. Must be able to prioritize job requests and train and supervise other employees. 7. Must have knowledge of, and be able to be assigned responsibility for, signal and street lighting systems. 8. Must have knowledge of Cal/OSHA and other accepted safety standards and approved methods of electrical installation. 9. Must have completed a minimum of three years of varied experience performing the duties of a journey level electrician. B. Carpenter 1. Must have ability to repair roofs, install drywall, and apply stucco. 2. Must have ability to perform both rough and finish carpentry. 3. Must have ability to interpret and build from building plans. 4. Must have ability to prioritize job requests and train and supervise employees. 5. Must have knowledge of, and ability to apply, accepted safety standards. 6. Must have knowledge of, and ability to apply, Uniform Build Code standards. 7. Must have completed at least one year of varied experience performing the duties of a journey level carpenter. 190 40 EXHIBIT C (Cont.) C. Traffic Specialist 1. Must have knowledge of, and ability to apply, CalTrans manual standards as regards street markings, signage, general specifications, and traffic controls. 2. Must have ability to maintain and repair hydraulic and electrical painting equipment. 3. Must have ability to repair pumps. 4. Must have ability to prioritize job requests and train and supervise other employees. 5. Must have knowledge of, and ability to apply, accepted safety standards. D. Irrigation Specialist 1. Must be able to maintain and repair complicated automatic irrigation systems. 2. Must possess understanding of hydraulic theory. 3. Must be able to read and build from landscape and irrigation plans. 4. Must have ability to prioritize job requests and train and supervise other employees. 5. Must have knowledge of, and ability to apply, accepted safety standards. E. Street Maintenance Technician 1. Must be proficient in form setting and concrete estimating, pouring and finishing. 2. Must be proficient in estimating, laying and compacting asphalt concrete including proficiency in operation of light and heavy equipment such as backhoe, roller, tamper and saw. 3. Must be familiar with both concrete and asphalt concrete jobs. 4. Must be proficient in the safe operation of small machine operations including acetylene/oxygen cutting torch, coring machine, compressor and pavement breakers, skill saw and other small power tools, grinders, water and sand blaster, steam cleaner and other assorted hand tools. 5. Must be able to apply Cal/OSHA standard for traffic control and other safety procedures in public right-of-way. 191 41 EXHIBIT C (Cont.) 6. Will be responsible for the supervision of small construction crews. 7. Must have ability to prioritize job requests and train and supervise other employees. F. Sewer/Storm Drain Specialist 1. Must be proficient in reading and understanding existing sewer maps/videos and related documents. 2. Must be proficient in operating existing sewer rodding equipment, i.e. Sreco flexible sewer rodder and assorted small and medium sewer “snakes.” 3. Must be proficient in entering and exiting enclosed areas safely including manholes and pump stations. 4. Must be proficient in operating existing heavy equipment on the beach, such as the Cat 943 tracked Front Loader. 5. Must be able to prioritize job requests and train and supervise other employees. 6. Must be able to respond to emergency requests after regular working hours. 7. Must be able to apply Cal/OSHA standard for traffic control and other safety procedures in public right-of-way. 192 193 194 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0211 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 RECOMMENDATION TO REJECT CLAIMS (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends City Council reject the following claims and refer them to the City’s Liability Claims Administrator. Claimant:Sarkis Kassardjian Date of Loss: February 15, 2023 Date Filed:March 13, 2023 Allegation:Claimant alleges property damage to a private parking lot due to an Athens truck driving over it. Claimant:C. Lukert Date of Loss: September 7, 2021 Date Filed:July 13, 2022 Allegation:Claimant alleges property damage to a concrete block wall and top floor ceiling cracks due to violent shaking created by sand compacting and/or paving machines used by City of Hermosa Beach during street paving of 24th Street (just east of Park Avenue). Attachments: 1.Claim Report for Sarkis Kassardjian 2.Claim Report for C. Lukert Respectfully Submitted: Vanessa Godinez, Human Resources Manager Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 1 of 1 powered by Legistar™195 196 197 198 199 200 201 202 203 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0222 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO MIRA COSTA HIGH SCHOOL GRAD NITE 2023 (City Manager Suja Lowenthal) Recommended Action: Staff recommends City Council approve a sponsorship donation of $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2023. Executive Summary: Sponsorship donation requests from Mira Costa High School to support a drug-free and alcohol-free graduation celebration have been approved annually since 1998.The amount originally approved in 1998, and subsequently requested annually, is $1,000. Background: G.R.A.D Nite (Graduates Resisting Alcohol and Drugs)has been a Mira Costa tradition for over twenty-five years.Sponsorship donation requests from Mira Costa High School have been approved annually since 1998.The amount originally approved in 1998,and subsequently requested annually, is $1,000.This program encourages seniors to celebrate with other graduates,in a drug-free and alcohol-free environment. Discussion: The G.R.A.D Nite event is supervised and is a sober event for graduates to celebrate safely with their peers on graduation night.Graduates are bussed to the destination where they are fed and entertained.Ticket prices are kept low to encourage attendance,and scholarships,in the form of no cost attendance,are provided to students who otherwise could not afford to attend.One hundred percent of donations cover scholarships and the cost of the event. Fiscal Impact: Funds for this donation are included in the Fiscal Year 2022-23 Budget under the City Council Special Events Account, 001-1101-4319. City of Hermosa Beach Printed on 4/21/2023Page 1 of 2 powered by Legistar™204 Staff Report REPORT 23-0222 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: Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Policy: ·5.5 Crime prevention outreach programs.Offer youth programs,recreation opportunities, educational programs, and other services to encourage crime prevention behavior. Attachment: 1.Mira Costa G.R.A.D. Nite 2023 Donation Request and Sponsorship Form Respectfully Submitted by: Ann Yang, Executive Assistant Legal Review: Patrick Donegan, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/21/2023Page 2 of 2 powered by Legistar™205 From: Rachel Disser <rrdisser@gmail.com> Date: April 11, 2023 at 13:25:09 PDT To: City Council <citycouncil@hermosabeach.gov>, Mayor Ray Jackson <rjackson@hermosabeach.gov>, Mayor Pro Tem Justin Massey <jmassey@hermosabeach.gov>, Councilmember Dean Francois <dfrancois@hermosabeach.gov>, Councilmember Rob Saemann <rsaemann@hermosabeach.gov>, Councilmember Michael Detoy <mdetoy@hermosabeach.gov> Subject: MIRA COSTA GRAD NITE 2023! Good Afternoon Hermosa Beach City Council! We hope this finds you all well. I am writing to you on behalf of the Mira Costa Grad Nite Committee for 2023. You generously sponsored last year with a $1,000 donation and we sincerely appreciate your help making this a memorable night for our graduating Class of 2023! Attached please find the information sheet as well as the Sponsorship Form. We hope you will support our Seniors again this year! Grad Nite will provide a safe and fun environment for our Costa Class of 2023 to celebrate together! Thanks so much and we look forward to hearing from you. All the best, Rachel Disser 310-567-8984 Mira Costa Grad Nite Co-Chairs Pip Coyne, Rachel Disser, & Lara Protiva 206 Mira Costa High School G.R.A.D Nite: June 15, 2023! Please Support MCHS G.R.A.D Nite! G.R.A.D Nite (Graduates Resisting Alcohol and Drugs) All-night, fun, supervised and SOBER event for graduates to celebrate safely with their peers on Graduation Night G.R.A.D. Nite is a 25+ Year Mira Costa tradition. Seniors are encouraged to celebrate with other graduates, in a drug-free and alcohol-free environment Graduates are bussed to a secret destination where they are fed and entertained well into the early morning Ticket prices are kept low to encourage attendance, and scholarships are provided to students who otherwise could not afford to attend Please consider becoming a Mira Costa G.R.A.D Nite Sponsor! 100% of your donation will cover scholarships and the cost of the event & your donation is tax deductible! -Make checks out to MBX Foundation with GRAD Nite in the memo- Mail check to: Rachel Disser, 569 33rd Street Manhattan Beach, CA 90266 The tax ID # is 02-0603467 We are a 501(c)(3) Organization THANK YOU!!! 207 Sponsorship Form Name of Sponsor:__________________________________________ Name of Contact Person: ____________________________________ Phone: _______________________ Email: ______________________ Address: _________________________________________________ $____________Presenting Sponsor ($5,000 or more) $ ___________ Major Sponsor ($1,000 - $4,999) $ ___________ Activity Sponsor ($500 - $999) $ ___________ Other (Please List Amount) How would you like your name to be listed when we formally recognize sponsors? _________________________________________________________ Please pay via check and make payable to: “MBX Foundation” (Grad Nite On the Memo Line) Print and Mail this completed form to: Rachel Disser, GRAD Nite, 569 33rd Street, Manhattan Beach, CA 90266 Questions? Contact GRAD Nite Co-Chair Rachel Disser 310-567-8984 or rrdisser@gmail.com THANK YOU!! 208 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0244 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 REQUEST FOR HISTORIC RESOURCES PRESERVATION (HRR22-01) FOR DESIGNATION OF A LANDMARK FOR THE PROPERTY LOCATED AT 2204 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA (Community Development Director Carrie Tai) Recommended Action: Staff recommends City Council adopt a resolution (Attachment 1)approving Historic Resources Preservation No.22-01 to designate the property located at 2204 Monterey Boulevard as a City of Hermosa Beach Landmark and make the determination that the project is exempt from the California Environmental Quality Act (CEQA). Executive Summary: On April 7,2022,the property owner of 2204 Monterey Boulevard submitted an application to nominate their home as a Hermosa Beach Landmark as outlined per the requirements of Hermosa Beach Municipal Code (HBMC)Chapter 17.53,Historic Resources Preservation.The home is a single-family residence constructed in 1913 and is designed in the Craftsman architectural style. GPA Consulting conducted an analysis of the property for its eligibility in meeting one or more of the requirements of landmark status as outlined in HBMC Section 17.53.060.Based on their analysis, the property qualifies for designation as a Hermosa Beach landmark under Section 17.53.050.C and retains sufficient physical integrity to convey its significance. Background: The City's historic resources preservation program was established in 1998 and is outlined in the HBMC under Chapter 17.53 Historic Resources Preservation.This program encourages property owners of historically significant structures or sites to voluntarily apply for local landmark status.A property owner(s)or the City are the only individual(s)/entities that may nominate the designation of an individual property,building,or structure as a Historic Landmark,by submitting the Historic Landmark Nomination Application.The application must have the written consent of the property owner(s). Subsequent to the application being deemed complete by the Planning Division,no building, City of Hermosa Beach Printed on 4/25/2023Page 1 of 11 powered by Legistar™209 Staff Report REPORT 23-0244 Subsequent to the application being deemed complete by the Planning Division,no building, alteration,demolition,removal,or relocation permits for any historic resource,improvement,building or structure relative to a proposed landmark shall be issued until a final determination is made regarding the proposed designation.The City Council has no more than 70 days from the initial hearing date to approve, in whole or in part, or disapprove the designation. In recognition that payment of application fees and any additional third-party review may be financially burdensome to residential property owners,the City Council adopted Resolution No.22- 7337 at its August 9,2022 meeting,authorizing the Community Development Department to approve fee waiver applications for Historic Resources Nominations.Additionally,the City Council directed staff to utilize a prima facie review to determine if a property would likely satisfy the HBMC requirements and qualify for a fee waiver.Upon the initial assessment of this application,staff determined that the property qualified for filing, review, and the respective fee waiver. Past Board, Commission and Council Actions Meeting Date Description May 10, 2022 Mayor Mike Detoy requested Council consider directing staff to bring an item regarding the City’s historic resources preservation program including fiscal impacts, possible waiver of fees, and any information about historical designations in Hermosa Beach. June 14, 2022 City Council receive a report regarding the City’s historic resources preservation program and directed staff to return to Council with a residential historic resources preservation application fee waiver policy for its consideration. August 9, 2022 City Council adopted Resolution No. 22-7337 authorizing the Community Development Department to approve fee waiver applications for Historic Resources Nominations based on a prima fascia review. Analysis: GPA Consulting conducted a comprehensive analysis of the property and prepared a Landmark Assessment Report (Attachment 2).The analysis included:reviewing existing information provided by the City,such as the landmark designation application;conducting field inspections of the property to determine the general condition and physical integrity of the property;conducting research into the history of the property through inspection of building permit records,city directories,newspaper archives,genealogical databases,and historic maps;reviewing PLAN Hermosa for appropriate contexts in the evaluation,such as the early development of Hermosa Beach and Craftsman architecture;and,reviewing and analyzing ordinances,regulations,and technical materials relating to City of Hermosa Beach Printed on 4/25/2023Page 2 of 11 powered by Legistar™210 Staff Report REPORT 23-0244 architecture;and,reviewing and analyzing ordinances,regulations,and technical materials relating to Federal,State,and local historic preservation designations,including the process to evaluate the property for significance as a Hermosa Beach Landmark. Property Description The property is located at 2204 Monterey Boulevard and is a single-family home that was constructed in 1913 and designed in the Craftsman architectural stye.It is located on a rectangular shaped lot on Monterey Boulevard at S.Park Avenue in the First Addition Tract in the Sand Section neighborhood of Hermosa Beach.It is a single-story structure with a raised concrete foundation, cross-gabled roof clad in composite shingles with wide,overhanging eaves with extended rafter tails behind added fascia boards. The structure’s floor plan is T-shaped and is covered in a combination of horizontal wood clapboard siding along the bottom half of the first floor and wood shingles along the upper half.The front porch is enclosed (an alteration after c.1946)and is covered in stucco with shingles in the upper gable and include multi-light casement windows.Other windows are a mix of divided light double hung designs arranged individually, in pairs, and in groups of three, large single and divided light fixed styles. The surrounds of the property include a small stucco retaining wall and painted wood picket fence. The lot is landscaped with brick paving,plants,and trees.The south (primary)elevation faces Monterey Boulevard and includes a single solid Dutch door entrance with narrow wood shutters (both are later alterations)on each side.The entrance is located on the enclosed front porch that is topped with a gable roof. All of the other elevations include similar treatments such as gabled roofs,extended eaves,and exposed rafter tails.Fenestration on these elevations include a bay window on the east elevation, and a combination of casement,divided light double hung,and singular double hung windows.The north elevation is the only elevation that does not have any fenestration. Construction and Ownership History The original building permit was issued in 1913 for 24 feet by 34 feet one-story single-family residence.Since its construction,it has undergone minor modifications including 10 feet by 14 feet addition in 1914,unknown repair work in 1936,and the replacement of a 30-inch wall in 1962.This wall is likely the retaining wall that surrounds the lot.Subsequent permits identify a new garage built in 1974 to replace the 1914 garage and one in 1979 when a segment of the roof was raised to match the existing roof. Table 1 - Building Permit History Date Permit #Scope of Work Architect/Builder/ Contractor/Engineer Owner 1913/05/24 62 24 feet by 34 feet one- story building F.A. Kidder S.S. Kidder 1914/10/01 253 10 feet by 14 feet garage with cement floor S.S. Kidder S. S. Kidder 1936/09/14 1323 Repair work N/A N/A 1962/06/01 11666 Replace 30-inch wallMerrill Blackford 1974/10/05 253 Garage N/A N/A 1979/08/01 18131 Raise portion of roof to tie into existing roof Dan Richardson Marsha Majka City of Hermosa Beach Printed on 4/25/2023Page 3 of 11 powered by Legistar™211 Staff Report REPORT 23-0244 Table 1 - Building Permit History Date Permit #Scope of Work Architect/Builder/ Contractor/Engineer Owner 1913/05/24 62 24 feet by 34 feet one- story building F.A. Kidder S.S. Kidder 1914/10/01 253 10 feet by 14 feet garage with cement floor S.S. Kidder S. S. Kidder 1936/09/14 1323 Repair work N/A N/A 1962/06/01 11666 Replace 30-inch wallMerrill Blackford 1974/10/05 253 Garage N/A N/A 1979/08/01 18131 Raise portion of roof to tie into existing roof Dan Richardson Marsha Majka Additional modifications noted during the site visit but are not included in the building permit history include:the enclosed front porch with metal windows,wood shutters,and Dutch door;replacement of a stained-glass window with a leaded glass window on the west elevation;removal of the original entry door and wall inside the enclosed front porch;new garden window on the west elevation;and, addition of fascia boards and gutters along the roof lines. Table 2 - Known Property Owner History Date Name Occupation 1913-1938 Frances A. Kidder and Sarah S. KidderBuilder; N/A 1947 Ivar Winding and Josephine R. WindingN/A 1956-1970 Nancy L. Blackford N/A 1975-1979 Ben Russell and Elizabeth RusselN/A 1979-Present Marsha Majka Current owner Evaluation for Local Landmark Designation Per Section 17.53.060 of the HMBC,a historic resource in accordance with 17.53.070 through 17.53.120,may be designated as a Landmark if it satisfies one or more of the five (A thought E) designation criteria. Criterion A:It exemplifies,symbolizes,or manifests elements of the cultural,social,economic, political, or architectural history. The analysis conducted at the site indicates that the property does not exemplify,symbolize,or manifest elements of the cultural,social,economic,political,or architectural history or development of Hermosa Beach.The property merely reflects a continuation of an early trend of residential development of the First Addition Tract by an owner-builder.The property reflects the early trend of residential development within the First Addition Tract of Hermosa Beach,however,the association City of Hermosa Beach Printed on 4/25/2023Page 4 of 11 powered by Legistar™212 Staff Report REPORT 23-0244 residential development within the First Addition Tract of Hermosa Beach,however,the association with this trend itself does not substantiate significance. Therefore, the property does not meet the requirements of Criterion A. Criterion B:It is identified with persons or events significant in local, state, or national history. Research did not reveal any evidence that the original or subsequent owners listed above (see Table 2)would be considered historic personages,or that they made any demonstrably significant contributions to local,state,or national history while working in their respective fields.Research also did not reveal any evidence of association with an historic event. Therefore, the property does not meet the requirements of Criterion B. Criterion C:It embodies distinctive characteristics of a style,type,period,or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship. While the Craftsman style is common throughout Southern California,not many intact examples remain in Hermosa Beach.The subject property embodies the style as applied to a modest,one- story house by an owner-builder. Therefore,the property is significant under Criterion C as a good and rare example of a modest Craftsman bungalow in Hermosa Beach. Criterion D:It is representative of the notable work of a builder, designer, or architect. The original 1913 building permit identifies the original owner,F.A.Kidder,as the contractor.While Kidder was a builder/contractor,research did not reveal that he was considered a significant builder, as there is no information of note on his other buildings.The subject property is the only known example of his work to be identified as part of the research report. Additional contractors and architects were associated with the modification of the property such as: Merrill and Dan Richardson.However,additional information regarding their personal histories or works could not be ascertained.Even if any architects or contractors associated with the property were determined to be notable,their work consisted of minor additions to a pre-existing property, would likely not be considered a notable example of their work. Therefore, the property does not meet the requirements of Criterion D. Criterion E:Its unique location or singular physical characteristic(s)represents an established and familiar visual feature or landmark of a neighborhood, community, or the City. The property is centrally located in Hermosa Beach’s Sand Section neighborhood.It has remained mostly unchanged since construction,however much of the surrounding neighborhood has been City of Hermosa Beach Printed on 4/25/2023Page 5 of 11 powered by Legistar™213 Staff Report REPORT 23-0244 mostly unchanged since construction,however much of the surrounding neighborhood has been developed and redeveloped since 1913.The property is a regularly-shaped,corner parcel and is surrounded by contemporary multi-story single family residences and large multi-family residences that range in size,scale,and construction date.The property is not a unique location,possess a singular visual characteristic, nor is it an established or familiar visual feature. Therefore, the property does not meet the requirements of Criterion E. Evaluation Summary The property located at 2204 Monterey Boulevard appears to be significant under Hermosa Beach Criterion C,for a good and rare example of a modest Craftsman style bungalow within the City of Hermosa Beach. The property’s period of significance is 1913, the year of construction. Integrity Integrity is a property’s ability to convey its historic significance through its physical features and includes seven aspects as defined by the National Register Bulletin:location,design,setting, materials,workmanship,feeling,and association.To convey significance,a property must retain some combination of these aspects of integrity from its period of significance. Location:The place where the historic property was constructed or the place where the historic event occurred. The property retains integrity of location as there is no evidence to suggest the property has been moved since it was constructed in 1913. Design:The combination of elements that create the form,plan,space,structure,and style of the property. The property retains integrity of design.Existing characteristics of the building,including its rectangular massing and irregular plan,decorative detailing and extensive use of wood shingles and siding,and the majority of its fenestration that reflects its original aesthetic,style,and function. Although the front porch and rear patio have been enclosed,the building retains its footprint and overall design from 1913. Setting:The physical environment of a historic property. The integrity of setting has been compromised.The immediate setting has been retained as the original building footprint remains relatively unchanged with no major new additions.The original garage was removed but replaced in its original location.The broader setting has not been retained but rather altered with contemporary construction directly next to,behind,and across from the subject property,such that the neighborhood no longer reflects the same feeling from the building’s City of Hermosa Beach Printed on 4/25/2023Page 6 of 11 powered by Legistar™214 Staff Report REPORT 23-0244 original construction date. Materials:The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The property retains integrity of materials.The key exterior materials are present,including wood windows,wood shingles and clapboard siding.The front porch has been enclosed with divided light metal casement windows and stucco cladding;however,it retains the same roofline and footprint. Two windows on the west elevation facing the neighboring property have been replaced with a garden window and a leaded window;however,there are sufficient original windows remaining to convey the residence’s original materials palette.The stained-glass window which was located where the leaded window is has been retained onsite by the property owner. Workmanship:The physical evidence or the crafts of a particular culture or people during any given period in history or prehistory. The property retains integrity of workmanship which is conveyed through the construction techniques that made the configuration of the property possible,as well as more minute details including the divided-light wooden windows,wood shingle and clapboard siding,and exposed eaves with extended rafters. Feeling:A property’s expression of the aesthetic or historic sense of a particular period of time. The property retains integrity of feeling,as the combination of its intact location,design,(immediate) setting, materials, and workmanship evoke the sense of an early 1910s Craftsman style residence. Association:The direct link between an important historic event or person and a historic property. The integrity of association is not relevant as the property is significant under Criterion A or B. Character Defining Features Character-defining features are the architectural components that contribute to a building’s sense of time and place and may be grouped into three categories:visual character,exterior materials and craftsmanship,and interior spaces (not required for this analysis).The importance of these features depends on the level of craftsmanship, visibility, and integrity. The character-defining features identified below are considered the most important elements contributing to the significance of the property and include features that date from the period of significance,directly relate to the original use,type,and style,display craftsmanship,are highly visible, and retain integrity. City of Hermosa Beach Printed on 4/25/2023Page 7 of 11 powered by Legistar™215 Staff Report REPORT 23-0244 Overall Visual Character • One-story height and rectangular massing • Medium-pitched gabled roof forms • Wood cladding • Multiple window groupings Exterior Materials and Craftsmanship • Wood shingles and horizontal clapboard siding • Exposed rafter ends and beams • Divided-light wood windows with varying operation • Extended lintels over windows Evaluation Conclusion The residence at 2204 Monterey Boulevard is significant as an example of a modest Craftsman style bungalow in the First Addition Tract in the Sand Section neighborhood of Hermosa Beach.The property retains integrity of location,design,materials,workmanship,and feeling,and therefore,has sufficient physical integrity to convey its historical significance.As such,the residence appears to be eligible for listing as a Hermosa Beach Landmark under Criterion C. Administration of Local Historical Landmarks Once the City Council designates a property as a Local Historic Landmark (landmark),the property is listed on the local register of landmarks and all appropriate City departments will be notified of the designation of the landmark to incorporate the notice of designation into its records.The Community Development Department maintains the list which currently includes: ·The Bijou Theater at 1229-1235 Hermosa Avenue; and ·The Hermosa Beach Community Center at 710 Pier Avenue. Alterations to a Landmark Pursuant to HBMC Section 17.53.140,any modification to a property listed on the City’s register of landmarks will require a Certificate of Appropriateness, unless otherwise exempted. Prior to any alteration,demolition,removal,or relocation of any interior or exterior improvement or architectural feature of a landmark or potential landmark,a Certificate of Appropriateness shall be acquired prior to issuance of a permit and shall conform to the requirements outlined in Chapter 17.53 of the HMBC.With a local designation,the landmark would be able to utilize the California Historical Building Code as an alternative to complying with the building standards in HBMC Title 15, City of Hermosa Beach Printed on 4/25/2023Page 8 of 11 powered by Legistar™216 Staff Report REPORT 23-0244 Building Code. The Council may identify and adopt a list of alterations that are considered “minor”in nature,that will allow for minor improvements from time to time as circumstances warrant.Minor alterations shall not require a public hearing and are subject to the review and approval of the Community Development Director. Removal of Landmark Status If a landmark encounters substantial destruction,the owner(s)may apply for removal of the designation.The City Council may also initiate the removal of the designation in such circumstances. The process for the removal of the designation shall conform to the requirements of Chapter 17.53 of the HMBC.Additionally,the complete demolition or removal of a landmark will result in the removal of the landmark designation.Once a designation has been removed,affected properties shall no longer be subject to the requirements of Chapter 17.53 of the HMBC. Mills Act Owners of qualified historic landmarks are able to apply for property tax reductions under the Mills Act,which is a State program administered and implemented by local governments which grants authority to enter into a minimum 10-year contract.In exchange,the conditions of a contract would require owners to restore,maintain,and protect the property in accordance with specific historic preservation standards and conditions outlined in the contract and/or the jurisdiction’s development code. The property owner has not applied for a Mills Act contract at this time.Furthermore,if the City wishes to establish Mills Act contracts,the HMBC may need proper amendments to ensure that the Historic Resources Preservation Ordinance (HMBC Chapter 17.53)is in line with current industry standards. 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 5.Quality and authenticity in architecture and site design in all construction and renovation of buildings. Policies: ·5.5 Preservation and adaptive reuse.Provide incentives for the preservation or adaptive reuse of historic and iconic landmarks. ·5.6 Eclectic and diverse architecture.Seek to maintain and enhance neighborhood City of Hermosa Beach Printed on 4/25/2023Page 9 of 11 powered by Legistar™217 Staff Report REPORT 23-0244 character through eclectic and diverse architectural styes. Goal 10. A strong sense of cultural and architectural heritage. Policies: ·10.1 Historic landmarks and districts.Encourage the voluntary designation of potentially historic resources as landmarks or historic districts. ·10.8 Incentives and technical assistance.Provide expert technical assistance to owners of potentially eligible and designated historic properties with tools and incentives to maintain historic resources. Fiscal Impact: The fee waiver program waives up to 90 percent of fees,which include the application fee,legal public hearing noticing fee,California Environmental Quality Act exemption fee,City Records Technology System Fee, and all outside consultant fees, up to a maximum of $10,000. Case No. HRR22-01 Following the City’s prima facie review of the application which determined the property would satisfy the HBMC requirements and qualify for a fee waiver,the City procured the services of GPA Consultants to perform professional services and conduct a comprehensive analysis of the property for its eligibility in meeting the requirements of landmark status. The City’s application fees totaled $4,715.47 and the GPA’s contract totaled $8,371.25 for a total of $13,086.72. As this total exceed the $10,000 maximum the City shall cover for the fee waiver program, the applicant paid the remaining $3,086.72. Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA),the proposed project qualifies for a Class 1 categorical exemption,Historical Resources Restoration/Rehabilitation as defined in section 15331 of the CEQA Guidelines,as it consists of a building to be preserved as a historical resource consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Public Notification: For the April 25,2023,City Council hearing,a notice of the date,place,time,and purpose of the hearing was mailed to the property owner on April 13,2023.A legal ad was published on April 13, 2023,in the Easy Reader,a newspaper of general circulation.Additionally,the applicant received a notice poster to post on-site and provided proof of posting a minimum of ten days in advance of the public hearing,in accordance with HBMC 17.68.050.Public notification materials are included as Attachment 3.A copy of one written communication received as of the writing of the report is included as Attachment 6. City of Hermosa Beach Printed on 4/25/2023Page 10 of 11 powered by Legistar™218 Staff Report REPORT 23-0244 Attachments: 1. Draft Resolution 23-XX 2. Landmark Assessment Report (GPA Consulting) 3. Public Notice Package 4.Link to June 14, 2022 City Council Staff Report 5. Link to August 9, 2022 City Council Staff Report 6. Written Communication from Robert Fortunato 4/18/23 Respectfully Submitted by: James Atkins, Senior Planner Concur: Carrie Tai, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 11 of 11 powered by Legistar™219 Page 1 of 6 RES NO. 22- CITY OF HERMOSA BEACH RESOLUTION NO. 23-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING HISTORIC RESOURCES PRESERVATION NO. 22-01 FOR DESIGNATION OF A LANDMARK FOR THE PROPERTY LOCATED AT 2204 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds as follows: A. On April 7, 2022, the property owner of 2204 Monterey Boulevard submitted an application to nominate their property at 2204 Monterey Boulevard as a Hermosa Beach Landmark as outlined per the requirements of Chapter 17.53 Historic Resources Preservation of the Hermosa Beach Municipal Code (HMBC). The home is a single-family residence constructed in 1913 and is designed in the Craftsman architectural style (the “Project”). B. The City Council conducted a duly noticed public hearing on the 25th day of April, 2023. All interested parties were given full opportunity to be heard and to present evidence. C. The City Council approves Resolution No. 23-XX, which designates the property located at 2204 Monterey Boulevard as a City of Hermosa Beach Landmark. SECTION 2. Historic Resources Preservation Findings. Based on the testimony and evidence received, the City Council hereby further finds, determines and declares pertaining to the application for Historic Resources Preservation pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.53.060 if it meets one or more of the following criteria. A. It exemplifies or reflects special elements of the City’s cultural, economic, political, aesthetic, engineering, or architectural history: The analysis 220 Page 2 of 6 RES NO. 22- conducted at the site indicates that the property does not exemplify, symbolize, or manifest elements of the cultural, social, economic, political, or architectural history or development of Hermosa Beach. The property merely reflects a continuation of an early trend of residential development of the First Addition Tract by an owner-builder. The property reflects the early trend of residential development within the First Addition Tract of Hermosa Beach, however, the association with this trend itself does not substantiate significance. Therefore, the property does not meet the requirements of Criterion A. B. It is identified with persons or events significant in local, state, or national history: Research did not reveal any evidence that the original or subsequent owners listed above (see Table 2) would be considered historic personages, or that they made any demonstrably significant contributions to local, state, or national history while working in their respective fields. Research also did not reveal any evidence of association with an historic event. Therefore, the property does not meet the requirements of Criterion B. C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship: While the Craftsman style is common throughout Southern California, not many intact examples remain in Hermosa Beach. The subject property embodies the style as applied to a modest, one-story house by an owner-builder. Therefore, the property is significant under Criterion C as a good and rare example of a modest Craftsman bungalow in Hermosa Beach. D. It is representative of the notable work of a builder, designer, or architect: The original 1913 building permit identifies the original owner, F. A. Kidder, as the contractor. While Kidder was a builder/contractor, research did not reveal that he was considered a significant builder, as there is no information of note on his other buildings. The subject property is the only known example of his work to be identified as part of the research report. Additional contractors and architects were associated with the modification of the property such as: Merrill and Dan Richardson. However, additional information regarding their personal histories or works could not be ascertained. Even if any architects or contractors associated with the 221 Page 3 of 6 RES NO. 22- property were determined to be notable, their work consisted of minor additions to a pre-existing property, would likely not be considered a notable example of their work. Therefore, the property does not meet the requirements of Criterion D. E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature or landmark of a neighborhood, community, or the City: The property is centrally located in Hermosa Beach’s Sand Section neighborhood. It has remained mostly unchanged since construction, however much of the surrounding neighborhood has been developed and redeveloped since 1913. The property is a regularly- shaped, corner parcel and is surrounded by contemporary multi-story single family residences and large multi-family residences that range in size, scale, and construction date. The property is not a unique location, possess a singular visual characteristic, nor is it an established or familiar visual feature. Therefore, the property does not meet the requirements of Criterion E SECTION 3. Approval. The City Council finds, that based on the foregoing findings, evidence in the record testimony provided at the hearing, that approval of the Historic Resources Preservation (HRR 22-01), is hereby APPROVED. These approvals are granted subject to the following conditions, which must be met at all times, unless otherwise stated, in order to enjoy the use of the subject property for any and all uses permitted by the granting of the requested approvals. 1. The maintenance and continued use of the property shall be in conformance with the requirements of Chapter 17.53 Historic Resources Preservation of the Hermosa Beach Municipal Code. 2. The project shall comply with all requirements of the City of Hermosa Beach Building Division, Public Works Department, Los Angeles County Fire Department, and the Hermosa Beach Municipal Code. 3. The subject property shall be maintained, and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other 222 Page 4 of 6 RES NO. 22- regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 4. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 5. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 6. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. SECTION 7. Environmental Review. Pursuant to the California Environmental Quality Act (CEQA), the proposed project qualifies for a Class 1 categorical exemption, Historical Resources Restoration/Rehabilitation as defined in section 15331 of the CEQA Guidelines, as it consists of a building to be preserved as a historical resource consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such 223 Page 5 of 6 RES NO. 22- decision will not affect the validity of the remainder of this resolution. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 9. Record of Proceedings. The City Clerk is directed to certify the adoption of this Resolution and to keep a copy of same along with such other documents and records of proceedings as may be designated by the City Manager. PASSED, APPROVED and ADOPTED on this 25th day of April 2023. Ray Jackson, PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was adopted by the City Council of the City of Hermosa Beach at a regular meeting held thereof on the 25th day of April 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 224 Page 6 of 6 RES NO. 22- ________________________________ Myra Maravilla City Clerk 225 Landmark Assessment Report Date: March 28, 2023 For: James Atkins, Senior Planner, City of Hermosa Beach Subject: 2204 Monterey Boulevard, Hermosa Beach From: Emma Haggerty, Associate Architectural Historian, GPA Consulting _____________________________________________________________________________________________ Executive Summary The property located at 2204 Monterey Boulevard in the city of Hermosa Beach is a single-family residence designed in the Craftsman style that was constructed in 1913 (see Figure 1). The property owner submitted an application to nominate the property as a Hermosa Beach Landmark on April 7, 2022. As a result, GPA Consulting (GPA) has been retained by the City of Hermosa Beach (City) to prepare this Landmark Assessment Report to determine if the property is eligible for designation, and if so, under which criteria. GPA evaluated the property under the five Hermosa Beach Landmark criteria and assessed its physical integrity. As a result of this analysis, GPA concludes that the property is significant under Criterion C and retains sufficient physical integrity to convey its significance; therefore, it appears to be eligible for designation as a Hermosa Beach Landmark. Figure 1: 2204 Monterey Boulevard, view looking northwest. GPA Consulting, January 27, 2023. 226 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 2 Introduction The purpose of this memorandum is to evaluate the residence located at 2204 Monterey Boulevard as a Hermosa Beach Landmark in response to a designation application submitted by the property owner on April 7, 2022. The single-family residence is located on a corner parcel on Monterey Boulevard at S. Park Avenue in the Sand Section neighborhood of Hermosa Beach (see Figure 2). The property comprises one legal parcel (Los Angeles County Assessor’s Parcel No. 4182-016-001). Figure 2: 2204 Monterey Boulevard indicated with a yellow outline. Base image courtesy of Bing Maps. Andrea Galvin, Principal Architectural Historian, Jenna Kachour, Senior Associate Architectural Historian, and Emma Haggerty, Associate Architectural Historian, were responsible for the preparation of this memo. Audrey von Ahrens, Associate Architectural Historian, was responsible for the photographic documentation taken during the site visit. They each fulfill the qualifications of a historic preservation professional outlined in Title 36 of the Code of Federal Regulations, Part 61. Their resumes are included as Attachment A. Methodology In preparing this report, GPA performed the following tasks: 1. Reviewed existing information provided by the City, including the landmark designation application. 227 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 3 2. Conducted a field inspection of the property to ascertain the general condition and physical integrity of the residence thereon. Digital photographs of the exterior of the residence were taken during this field inspection. 3. Conducted research into the history of the property. Sources referenced included building permit records, city directories, newspaper archives, genealogical databases, and historic maps. 4. Reviewed the City of Hermosa Beach 2017 General Plan (“PLAN Hermosa”) to identify the appropriate contexts for the evaluation, including the early development of Hermosa Beach and Craftsman architecture. 5. Reviewed and analyzed ordinances, statutes, regulations, bulletins, and technical materials relating to federal, state, and local historic preservation designations, and assessment processes and programs to evaluate the property for significance as a Hermosa Beach Landmark. Previous Evaluations GPA reviewed PLAN Hermosa and the Built Environment Resources Database (BERD) maintained by the California Office of Historic Preservation (OHP). The property appears to have not been previously evaluated for eligibility for listing in the National Register of Historic Places, California Register of Historical Resources, or as a local landmark. The property was identified as one of 220 potential historic resources during a windshield survey of Hermosa Beach conducted as part of the Technical Background Report for PLAN Hermosa.1 The property was also included in the book Castles on the Sand in 1977.2 See Attachment D for excerpts of these publications. Historic Context The significance of a property must be evaluated within its historic context(s). Historic contexts are those patterns or trends in history by which a specific property is understood. The most applicable contexts for evaluating the property at 2204 Monterey Boulevard are early residential development of Hermosa Beach as well as the Arts & Crafts Movement including the Craftsman style and Craftsman bungalows. Early Residential Development in Hermosa Beach 3 In 1901 George Steele began surveying the townsite of Hermosa Beach for the Hermosa Beach Land and Water Company. The first area Steele surveyed was between the boardwalk, also known as The Strand, and Hermosa Avenue and named the Hermosa Beach tract. Steele divided the small strip of land into hundreds of lots for both commercial and residential purposes, while short streets running east and west connected the boardwalk to Hermosa Avenue. Later in 1901, Steele surveyed land east of Hermosa Avenue. This “First Addition to Hermosa Beach” ran from 26th Street in the north to the City’s southern border with Redondo Beach and 1 PCR Services, “Section 7.0 Cultural Resources,” Appendix C – Technical Background Report, PLAN Hermosa Draft Environmental Impact Report, City of Hermosa Beach, October 2016. 2 Patricia A. Gazin, Castles on the Sand: An Incomplete Chronicle of the Habitations of Ancient Hermosans (Hermosa Beach: 1977). 3 This historic context is excerpted from PCR Services, “Section 7.0 Cultural Resources,” Appendix C – Technical Background Report, PLAN Hermosa Draft Environmental Impact Report, City of Hermosa Beach, October 2016, 7-5 – 7-7. 228 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 4 added more lots and streets between Hermosa Avenue and Loma Drive. A year later, in December of 1902, Steele added the “Second Addition to Hermosa Beach” shaping the remaining territory between Loma Drive and the eastern border of Hermosa Beach, just beyond Prospect Avenue. The area north of 26th Street, between The Strand and Highland Avenue, was surveyed in 1903 on behalf of the Los Angeles Pacific Railroad Company. This area was known as Shakespeare Beach with many of the streets named after famous poets, such as Alfred Tennyson, Henry Wadsworth Longfellow, Nathaniel Hawthorne, and John Keats. East of Shakespeare Beach was the Carnation Villa Tract, surveyed in 1905, and the Shakespeare Heights Tract added in 1912. The addition of Shakespeare Heights in 1912 marked the completion of major survey work for Hermosa Beach… The rural area along Prospect Avenue on the eastern border of the City was further subdivided in the 1920s as the population of Hermosa grew. Due to the rapid subdivision of the City’s land, residential development occurred sporadically throughout the first two decades of Hermosa Beach’s existence. The 1915 map of the City shows dense residential development along the beach, west of Manhattan Avenue, as well as the South End, while the North End remains sparsely developed. However, it wouldn’t be long for the North End to catch up. With the addition of Hermosa Beach to the Pacific Electric’s popular Balloon Route in 1910, the City was as popular as any Los Angeles seaside community. The Los Angeles Times reported the purchases of hundreds of lots in the Shakespeare Beach neighborhood as early as 1907. By the 1920s, many new residences appeared throughout the Shakespeare Beach neighborhood. A 1920s Map of Hermosa Beach shows most of the residential sections had been subdivided by that time. The dominant residential building type throughout Hermosa Beach was the vernacular beach cottage, popular among most Southern California beach communities, constructed between the initial subdivision of the City up to 1930. In many cases these beach cottages contained elements of popular period revival styles and the Craftsman style. The Spanish Colonial Revival, Shingle, Arts and Crafts, and Period Revival styles were also applied to Hermosa Beach residences and can be found throughout the City. Despite the early development of Hermosa Beach’s coastal tracts, areas east of Shakespeare Beach remained undeveloped, possibly as late as 1946. The 1927 Sanborn Maps, amended in 1946, contained no structures in the Carnation Villa Tract or Shakespeare Heights tract, suggesting that these areas remained undeveloped. The 1950s Ranch style home was popular in this area indicating a post-World War II period of development. Sanborn Fire Insurance maps show the construction of many homes in the formerly rural area to the east of Camino Real (Pacific Coast Highway) along Prospect Avenue with larger lots than those along the coast. While a few of these homes appeared to be post-World War II additions, most of the homes in this area were characteristic of earlier years in Hermosa Beach’s development. Like the neighborhoods closer to the beach, the vernacular beach cottage style was popular east of Camino Real. 229 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 5 Craftsman Style 4 Craftsman architecture reflected the Arts and Crafts Movement’s [from 1895 to 1930] conscious search for the supposed simplicity of a pre-industrial time when objects revealed the skill and craftsmanship of the laborer and, further, a rejection of the highly ornamented Victorian aesthetic. The Craftsman style applied to more than the building envelope; architects designed everything in harmony, from the furniture and fixtures to the landscape. The “ultimate bungalows” of the Craftsman style were usually two stories in height and custom designed by architects working closely with local artisans. Later [in the 1900s through the 1920s], the aesthetics of the Craftsman style would be adapted to single-story, mass-produced bungalows grouped in neighborhoods for the middle class. Craftsman Bungalows 5 Although the term “bungalow” has been closely associated with the Arts and Crafts movement and the Craftsman style of architecture, it refers to a type of house rather than a style of architecture. As Craftsman style architecture reached the masses in the form of small homes described in catalogues as bungalows, the term became inextricably linked with the style. The bungalow appeared in California during the first decade of the twentieth century. It was a house type ready made for the mild climate and profound demand brought about by the rapidly expanding population. While some bungalows were custom designed by architects, most were selected from plan books or catalogues and were constructed by contractors or assembled from prefabricated pieces. The average price was $3,000. The Craftsman bungalow dates from the early 1900s through the 1920s. The bungalow’s simplicity of form, informal character, direct response to site, and extensive use of natural materials – particularly wood – was a regional interpretation of the socio-economic and aesthetic reforms espoused by the Arts and Crafts Movement’s founder, William Morris. Craftsman bungalows generally have rectangular or complex plans and are one to one-and-a- half stories tall. They have wood clapboard or shingle exteriors and are defined by their horizontality with broad front porches, often composed with stone, clinker brick, or stuccoed porch piers. Other character-defining features include low-pitched front-facing gabled roofs, and overhanging eaves with exposed rafter tails. 4 GPA Consulting, “Architecture and Engineering, Arts and Crafts Movement (1895-1930), Housing the Masses (1880— 1980), Arts and Crafts Neighborhoods (1890-1930)” Los Angeles Citywide Historic Context Statement (City of Los Angeles Office of Historic Resources, June 2016), 8-15. 5 Ibid. 230 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 6 Property Description The property located at 2204 Monterey Boulevard is a single-family residence constructed in 1913 in the Craftsman style located on a rectangle-shaped, corner parcel on Monterey Boulevard at S. Park Avenue in the First Addition Tract in the Sand Section neighborhood of Hermosa Beach. The property is one story in height with a raised concrete foundation, cross-gabled roof clad in composite shingles with wide, overhanging eaves with extended rafter tails behind added fascia boards (see Figure 3 and Attachment B for additional photographs of the property). Figure 3: Primary (south) elevation, GPA Consulting, January 27, 2023. The property has a T-shaped floor plan and is clad in a combination of horizontal wood clapboard siding along the bottom half of the first floor and wood shingles along the upper half. The enclosed front porch (an alteration after c. 1946) is clad in stucco with shingles in the upper gable. Fenestration is a mix of divided- light double hung windows arranged individually, in pairs, and in groups of three, large single and divided light fixed windows (see Figure 4). Multilight metal casement windows were added to the enclosed porch. Figure 4: Window and cladding detail, east elevation, view looking west, GPA Consulting, January 27, 2023. The property is located on an irregularly shaped parcel surrounded by a small stucco retaining wall and painted wood picket fence. The parcel is landscaped with brick paving, plants and trees (see Figure 5). The primary, south elevation faces Monterey Boulevard and has an off centered entrance that consists of a single solid Dutch door flanked by narrow wood shutters (both are later alterations). The entryway is located on the enclosed projecting front porch with a gable roof. Windows along the elevation include a large, fixed window on the recessed portion of the south elevation and five divided light metal casement windows on the enclosed porch (see Figure 3). Figure 5: Southeast corner of parcel, view looking northwest, GPA Consulting, January 27, 2023. 231 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 7 The east elevation faces S. Park Avenue and has a side gabled roof with extended eaves and exposed rafter tails behind an added fascia board. A forward-facing gable over a bay window is located in the center of the elevation. The elevation has a non-original metal casement window in the southeast corner, a tripartite window grouping and the central bay window with three divided light, double hung wood windows. A singular double hung wood window is next to a pair of divided light French doors towards the northeast corner. In the northeast corner of the parcel is a single car garage (replaced in 1974) with a metal roll up door (see Figure 6). Figure 6: East elevation, view looking northwest, GPA Consulting, January 27, 2023. The north elevation has a narrow setback from the adjacent parcel. The elevation is made up of the northern side of the garage which does not have any fenestration and is clad in horizontal clapboard siding. The north elevation of the residence is recessed from the garage and steps below grade. The elevation has painted, concrete block foundation followed by wood horizontal clapboard siding and wood shingles in the upper gable. There is a single double hung window and a single door and stoop that leads to a brick-paved area along the north and west property lines (see Figure 7). Figure 7: North and west elevations, view looking southeast, GPA Consulting, January 27, 2023. The west elevation is narrowly setback from the west property line and has a side gabled roof with extended rafters covered by an added fascia board. There is a small bump out located in the center of the elevation with a single double hung window (see Figure 8). There is a leaded glass window to the south of the bump out, closer to the primary elevation, that replaced a stained-glass window that has been removed and is being stored inside the garage. A non- original metal garden window is located in the bathroom near the northwest corner of the western elevation and is obscured by a wooden screen. Figure 8: West elevation, view looking northeast, GPA Consulting, January 27, 2023. 232 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 8 Construction History The property at 2204 Monterey Boulevard (sometimes referenced as “Summit Avenue” or “22nd Street”) appears to be in overall good condition.6 The original building permit from 1913 was for a 24’ by 34’ one-story single-family residence. It identifies S.S. Kidder as the owner and F. A. Kidder as the contractor.7 Since construction, the property has undergone minor modifications including the addition of a 10’ by 14’ garage by the owner-builder in 1914, unknown repair work in 1936, and the replacement of a 30 inch wall in 1962.8 The referenced wall is likely the retaining wall that runs along the parcel boundaries. The next available permit identifies a new garage being built in 1974, replacing the 1914 garage.9 The final available permit was from 1979 when a portion of the roof was raised to match the existing roof.10 The location was not disclosed on the permit, however per the property owner the raised roofline is along the east elevation next to the garage. All available building permits are outlined below (see Table 1 and Attachment E for copies of building permits). Table 1. Building Permit History Date Permit # Scope of Work Architect/Builder/ Contractor/ Engineer Owner 1913/05/24 62 24’ x 34’ one-story building C – F. A. Kidder S. S. Kidder 1914/10/01 253 10’ x 14’ garage with cement floor C – S. S. Kidder S. S. Kidder 1936/09/14 1323 Repair work N/A N/A 1962/06/01 11666 Replace 30” wall C – Merrill Blackford 1974/10/05 253 Garage N/A N/A 1979/08/01 18131 Raise portion of roof to tie into existing roof. A – Dan Richardson Marsha A. Luecke (now Majka) Additional modifications that were noted during the site visit, but were not included in the building permit history include: • Enclosed front porch with stucco cladding, added metal windows, added wood shutters, and added Dutch door, likely post-1946.11 • Removal of stained-glass window for leaded glass window, west elevation, date unknown. • Removal of original entry door and wall inside enclosed front porch, south elevation, likely post-1946. • Addition of garden window, west elevation, date unknown. • Addition of fascia boards and gutters along roofline, all elevations, date unknown. Ownership and Tenant History The original owners of 2204 Monterey Boulevard were Francis A. Kidder and Sarah S. Kidder per the original building permit. Francis was a builder who constructed properties in San Fernando and Van Nuys.12 He resided in the subject property until his passing in 1930.13 His wife, Sarah was a local charter member and secretary of 6 Sanborn Fire Insurance Maps and early city directories identify the street as Summit Avenue between 1912-1921, original building from 1913 identifies street as Monterey Boulevard; 1930 Census Records identify the street as 22nd Street. 7 City of Hermosa Beach, Building Permit No. 62, May 24, 1913. 8 City of Hermosa Beach, Building Permit No. 253, October 1, 1914; City of Hermosa Beach, Building Permit No. 1323, September 14, 1936; City of Hermosa Beach, Building Permit No. 11666, June 1, 1962. 9 City of Hermosa Beach, Building Permit No. 253, October 5, 1974. 10 City of Hermosa Beach, Building Permit No. 18131, August 1, 1979. 11 The Sanborn Fire Insurance Map dated 1946 shows the porch as covered but open on three sides. 12 “Death Takes Pioneer Resident of Valley,” Los Angeles Times, July 24, 1930. 13 Ibid. 233 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 9 the Hermosa Women’s Club and volunteered with the Red Cross.14 She resided in the subject property until her passing in 1938.15 Per city directories, Ivar and Josephine Winding resided in the property in 1947.16 No additional information could be found regarding their personal histories other than attending social events within Hermosa Beach from 1940 through 1953. Nancy L. Blackford was identified as an owner in a wedding announcement in 1956 and resided in the property until 1970 per building permit records.17 Benjamin Russell and Elizabeth Russell are listed as tenants and resided in the property from 1975 until 1979.18 No additional information could be found regarding their personal histories. Marsha A. Majka, the current property owner, has owned the property since 1979 (see Table 2 and Attachment C for copies of city directories).19 Table 1: Property Tenant History Date Name Occupation 1913-1938 Francis A. Kidder and Sarah S. Kidder Builder; N/A 1947 Ivar Winding and Josephine R. Winding N/A 1956-1970 Nancy L. Blackford N/A 1975-1979 Ben Russell and Elizabeth Russell N/A 1979-Present Marsha A. Majka Current owner 14 “Sarah S. Kidder,” Redondo Reflex, February 25, 1938 15 Ibid. 16 City Directory, Hermosa Beach, 1947. 17 “Licensed to Wed,” Redondo Reflex, March 23, 1956. 18 City of Hermosa Beach, Building Permit Records, September 1, 1979. 19 City of Hermosa Beach, Building Permit No. 18131, August 1, 1979. 234 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 10 Evaluation for Local Landmark Designation Per §17.53.060 of the Hermosa Beach Municipal Code (adopted in 1998) a historic resource in accordance with §17.53.070 through §17.53.120 may be designated as a Landmark if it satisfies one or more of the five designation criteria. The following discussion considers the significance of 2204 Monterey Boulevard under each criterion. Criterion A: It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political, or architectural history. The property does not exemplify, symbolize, or manifest elements of the cultural, social, economic, political, or architectural history or development of Hermosa Beach. 2204 Monterey Boulevard was constructed in 1913 in the present-day Sand Section neighborhood. The property was constructed 12 years after the First Addition Tract was subdivided in 1901 and six years after Hermosa Beach was established as its own city in 1907. At the time of construction, Hermosa Beach was a seaside tourist destination with limited development and mainly made of up modest bungalows. The rate of development within Hermosa Beach steadily increased in the 1920s and 1930s for both commercial and residential development. The original building permit indicates that 2204 Monterey Boulevard was originally constructed in 1913 as a 24’ by 34’ single family residence. The construction occurred during the initial period of residential development in Hermosa Beach. As such, it reflects an association with early single-family residential development in Hermosa Beach and the First Addition Tract. National Register Bulletin #15 is a federal publication that includes instruction for evaluating resources under each criterion within an appropriate context and what does, or does not, constitute historic significance. When local governments do not include specific guidance regarding the interpretation of local evaluation criteria, the industry standard is to utilize the guidance outlined in National Register Bulletin #15. The bulletin states that “ …mere association with historic events or trends is not enough, in and of itself, to qualify under Criterion A [or Hermosa Beach Criterion A]: the property’s specific association must be considered important as well. For example, a building historically in commercial use must be shown to have been significant in commercial history.”20 While the subject property was constructed during an early trend of single-family residential development, research did not reveal evidence to suggest that the association itself is significant, or that the property was especially unique, influential, or important in single-family residential history. Francis A. Kidder is the original owner and contractor noted on the original building permit. Kidder does not appear to have any influence in the early residential development of Hermosa Beach. He appears to have only constructed this one house within Hermosa Beach and retired three years after he constructed the property.21 Kidder appears to be best associated with larger developments in San Fernando and Van Nuys.22 The property at 2204 Monterey Boulevard merely reflects a continuation of an early trend of residential development of the First Addition Tract by an owner-builder. The property reflects the early trend of residential development within the First Addition Tract of Hermosa Beach, however, the association with this trend itself does not appear to have significance. 20 “National Register Bulletin 15,” 12. 21 “Father of Local Woman Passes,” Covina Argus, July 25, 1930. 22 “Death Takes Pioneer Resident of Valley,” Los Angeles Times, July 24, 1930. 235 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 11 Therefore, the property does not appear to be significant under Criterion A. Criterion B: It is identified with persons or events significant in local, state, or national history. The following residents of 2204 Monterey Boulevard were identified through city directory, building permit, and newspaper research. The original owners as identified on the original building permit are Francis A. Kidder and Sarah S. Kidder. Francis was a builder who constructed properties in San Fernando and Van Nuys and resided in the subject property until his passing in 1930. His wife, Sarah S. Kidder was associated with various charities and volunteer organizations throughout Hermosa Beach and resided in the property until her passing in 1938. There is no information to suggest that the original owners were significant within Hermosa Beach or within the organizations that they were associated. Research did not reveal any additional evidence that the other residents or owners discussed above (see Table 2) would be considered historic personages, or that they made any demonstrably significant contributions to local, state, or national history while working in their respective fields. Research also did not reveal any evidence of association with an historic event. Therefore, 2204 Monterey Boulevard does not appear to be significant under Criterion B. Criterion C: It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship. 2204 Monterey Boulevard embodies the distinguishing characteristics of the Craftsman style. The style is expressed through horizontal massing, low-pitched gable roof forms with overhanging eaves and exposed rafter tails and beams, as well as wood shingles and clapboard siding. Other features include divided light, double hung wood windows arranged in groups, and the use of natural materials including wood windows, wood clapboard, and wood shingles. The property retains a good level of integrity. Modifications to the property include a new garage in the original footprint, an enclosed patio limited to the rear, east-facing elevation and an enclosed patio on the primary elevation which still conveys the form of the original front porch. While the Craftsman style is common throughout Southern California, not many intact examples remain in Hermosa Beach. The subject property embodies the style as applied to a modest, one-story house by an owner- builder. Therefore, 2204 Monterey Boulevard appears to be significant under Criterion C as a good and rare example of a modest Craftsman bungalow in Hermosa Beach. Criterion D: It is representative of the notable work of a builder, designer, or architect The original 1913 building permit identifies F. A. Kidder as the contractor. Francis A. Kidder was a builder in San Fernando and Van Nuys. He was also the owner of the subject property with his wife Sarah S. Kidder and resided in the property until his passing in 1930. The exact addresses of Kidder’s other works are unknown, however his obituary notes that he was responsible for the construction of “large buildings” in San Fernando and a Presbyterian church within Van Nuys.23 While Kidder was a builder, research has not revealed that he would be 23 “Building and Improvements, News of the Latest Developments,” The Van Nuys News and the Van Nuys Call, December 20, 1912. 236 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 12 considered a significant builder, as absent documented information on his other buildings, the subject property is his only known example of his work to be identified as part of this report. Additional contractors and architects were associated with the modification of the property such as: Merrill and Dan Richardson. However, additional information regarding their personal histories or works could not be ascertained. Even if any architects or contractors associated with the property were determined to be notable, their work consisted of minor additions to a pre-existing property would likely not be considered a notable example of their work. Therefore, 2204 Monterey Boulevard does not appear to be significant under Criterion D. Criterion E: Its unique location or singular physical characteristic(s) represents an established and familiar visual feature or landmark of a neighborhood, community, or the City. The property at 2204 Monterey Boulevard is centrally located in Hermosa Beach’s Sand Section neighborhood. The subject property has remained mostly unchanged since construction, however much of the surrounding neighborhood has been developed and redeveloped since its 1913 date of construction. The property is located on a regularly-shaped, corner parcel and is surrounded by contemporary multi-story single family residences and large multi-family residences that range in size, scale, and construction date. The property does not have a unique location, a singular visual characteristic, nor is it an established or familiar visual feature. Therefore, 2204 Monterey Boulevard does not appear to be significant under Criterion E. Summary 2204 Monterey Boulevard appears to be significant under Hermosa Beach Criterion C, for a good and rare example of a modest Craftsman style bungalow within the City of Hermosa Beach. The property’s period of significance is 1913, the year of construction. Integrity Analysis It is standard practice to assess a property’s integrity as part of a historic evaluation. Integrity is a property’s ability to convey its historic significance through its physical features. National Register Bulletin #15 defines seven aspects of integrity: location, design, setting, materials, workmanship, feeling, and association. In order to convey significance, a property must retain some combination of these aspects of integrity from its period of significance. The aspects of integrity that are essential vary depending on the significance of the resource. Location: The place where the historic property was constructed or the place where the historic event occurred. The property retains integrity of location as there is no evidence to suggest the property has been moved since it was constructed in 1913. Design: The combination of elements that create the form, plan, space, structure, and style of the property. The property retains integrity of design. Existing characteristics of the building, including its rectangular massing and irregular plan, decorative detailing and extensive use of wood shingles and siding, and the majority of its fenestration that reflects its original aesthetic, style, and function. Although the front porch and rear patio have been enclosed, the building retains its footprint and overall design from 1913. 237 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 13 Setting: The physical environment of a historic property. The integrity of setting has been compromised. The immediate setting has been retained as the original building footprint remains relatively unchanged with no major new additions. The original garage was removed but replaced in its original location. The broader setting has not been retained but rather altered with contemporary construction directly next to, behind, and across from the subject property, such that the neighborhood no longer reflects the same feeling from the building’s original construction date. Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The property retains integrity of materials. The key exterior materials are present, including wood windows, wood shingles and clapboard siding. The front porch has been enclosed with divided light metal casement windows and stucco cladding; however, it retains the same roofline and footprint. Two windows on the west elevation facing the neighboring property have been replaced with a garden window and a leaded window; however, there are sufficient original windows remaining to convey the residence’s original materials palette. The stained-glass window which was located where the leaded window is has been retained onsite by the property owner. Workmanship: The physical evidence or the crafts of a particular culture or people during any given period in history or prehistory. The property retains integrity of workmanship which is conveyed through the construction techniques that made the configuration of the property possible, as well as more minute details including the divided-light wooden windows, wood shingle and clapboard siding, and exposed eaves with extended rafters. Feeling: A property’s expression of the aesthetic or historic sense of a particular period of time. The property retains integrity of feeling, as the combination of its intact location, design, (immediate) setting, materials, and workmanship evoke the sense of an early 1910s Craftsman style residence. Association: The direct link between an important historic event or person and a historic property. The integrity of association is not relevant as the property is significant under Criterion A or B. Character-Defining Features Character-defining features are the architectural components that contribute to a building’s sense of time and place. Character-defining features can generally be grouped into three categories: the overall visual character of a building, the exterior materials and craftsmanship, and the interior spaces, features, and finishes. The relative importance of character-defining features depends on the level of craftsmanship, visibility, and integrity. In addition, some character-defining features are more important than others in conveying the significance of the building. The character-defining features identified below are considered the most important elements contributing to the significance of the property, and generally include features that date from the period of significance, directly relate to the original use, type, and style, display craftsmanship, are highly visible, and retain integrity. Overall Visual Character • One-story height and rectangular massing • Medium-pitched gabled roof forms 238 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 14 • Wood cladding • Multiple window groupings Exterior Materials and Craftsmanship • Wood shingles and horizontal clapboard siding • Exposed rafter ends and beams • Divided-light wood windows with varying operation. • Extended lintels over windows Conclusion The residence at 2204 Monterey Boulevard is significant as an example of a modest Craftsman style bungalow in the First Addition Tract in the Sand Section neighborhood of Hermosa Beach. The subject property retains integrity of location, design, materials, workmanship, and feeling, and therefore has sufficient physical integrity to convey its historical significance. As such, the residence appears to be eligible for listing as a Hermosa Beach Landmark under Criterion C. Sources Ancestry.com. Various digital collections. “Building and Improvements, News of the Latest Developments.” The Van Nuys News and the Van Nuys Call. December 20, 1912. City of Hermosa Beach. Building Permits. Various Dates “Death Takes Pioneer Resident of Valley.” Los Angeles Times. July 24, 1930. “Father of Local Woman Passes.” Covina Argus. July 25, 1930. Gazin, Patricia A. Castles on the Sand: An Incomplete Chronicle of the Habitations of Ancient Hermosans. Hermosa Beach: 1977. GPA Consulting, “Architecture and Engineering, Arts and Crafts Movement (1895-1930), Housing the Masses (1880—1980), Arts and Crafts Neighborhoods (1890-1930)” Los Angeles Citywide Historic Context Statement. City of Los Angeles Office of Historic Resources, June 2016. “How to Apply the National Register Criteria for Evaluation.” National Parks Service. U.S. Department of the Interior, 1995. https://www.nps.gov/subjects/nationalregister/index.htm. “Licensed to Wed.” Redondo Reflex. March 23, 1956. PCR Services. “Section 7.0 Cultural Resources,” Appendix C – Technical Background Report, PLAN Hermosa Draft Environmental Impact Report. City of Hermosa Beach, October 2016. Sanborn Map Company. Sanborn Fire Insurance Map for Hermosa Beach, Los Angeles County, California. 1946. “Sarah S. Kidder.” Redondo Reflex. February 25, 1938. 239 _____________________________________________________________________________________________ Landmark Assessment Report – 2204 Monterey Boulevard, Hermosa Beach, CA 15 Attachments Attachment A: Résumés Attachment B: Additional Photographs Attachment C: City Directory Listings Attachment D: Previous Surveys Attachment E: Sanborn Map Attachment F: Building Permits 240 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment A Attachment A: Résumés ANDREA GALVIN Andrea Galvin is the President and Principal Architectural Historian of GPA. She has been professionally involved in the research and documentation of historic districts, sites, buildings, and structures since 1995. Her experience includes working for the California Department of Parks and Recreation conducting architectural surveys of historic buildings and structures, the California Department of Transportation working on California Environmental Quality Act (CEQA) and Section 106 compliance, and the California Office of Historic Preservation reviewing projects for Section 106 and Secretary of the Interior’s Standards compliance. As such, Ms. Galvin has a deep understanding of the environmental review process as it relates to historic resources and a close working relationship with decision-makers. Her past projects have included assisting numerous municipalities in developing historic preservation programs, managing large-scale historic resource surveys, and preparing Section 106 and CEQA compliance reports. Many of Ms. Galvin’s projects have involved coordinating with many local, state, and federal agencies as well as conducting public outreach with stakeholder groups. She has conducted training on a wide variety of topics at conferences and workshops throughout California and is an active member of several state and national preservation organizations. • M.S., Historic Preservation, University of Pennsylvania, 1999 • Certificate, Preservation Planning, Istanbul Technical University, Turkey, 1998 • B.S., Environmental Design, University of California, Davis, 1994 • Section 106 Support for the City of Los Angeles Housing and Community Development agency for the Rehabilitation of the William Mead Apartment Complex, 2016-present • Long Beach Art Theater Historic Structures Report, 2013 • U.S. Department of General Services, International Building, San Ysidro Land Port of Entry Master Plan, San Ysidro, 2015-2019 • 6th Street Viaduct Replacement, Los Angeles, 2011-2019 • State Route 710, Los Angeles County, Section 106 Finding of Effect, 2017-2018 • Orange Coast College HABS-Like Documentation, Costa Mesa, 2016 • City of Long Beach On-Call Consultant for Section 106 Review of multiple CDBG-funded projects, 2013-2018 • Historic Structures Report for the Sugar Beet Factory in Chino, California, 2009 • St. Regis Condominium Preservation Plan, Long Beach, 2018 • Santa Paula Railroad Depot and Mill Rehabilitation, Santa Paula, 2007 • Poole Bunkhouse Maintenance Plan for Southern California Edison, 20015 • Nelles Correctional Facility Specific Plan, CEQA Historical Resource Report, Whittier, 2014-2015 • North Spring Street Viaduct Widening and Rehabilitation, Section 106 Finding of Effect, Los Angeles, 2011-2015 • Patriotic Hall, Preservation Plan, Los Angeles County, 2006 Professional Experience: • GPA Consulting, President and Principal Architectural Historian, 2003-Present • California Office of Historic Preservation, Assoc. Architectural Historian, 2002-2004 • Caltrans, District 7, Los Angeles, Assoc. Architectural Historian, 1999-01/ Headquarters, Sacramento, 2001-2004 • California Department of Parks and Recreation, Cultural Resource Specialist, 1995-1999 Qualifications: • Meets the Secretary of the Interior’s Professional Qualifications Standards for history and architectural history pursuant to the Code of Federal Regulations, 36 CFR Part 61, Appendix A. 241 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment A JENNA KACHOUR Jenna Kachour is a Senior Associate Architectural Historian/ Preservation Planner at GPA. She has 16 years of diversified planning experience in the private, public, and non-profit sectors. She has been dedicated to the field of historic preservation since 2010. Trained as a professional planner, Ms. Kachour’s work at GPA is informed by her understanding of preservation’s role within the larger context of land use and decision making. Since joining GPA in 2013, she has skillfully supervised the preparation of environmental compliance documents in accordance with the California Environmental Quality Act, National Environmental Policy Act, and Section 106 of the National Historic Preservation Act for projects throughout California. Her involvement in several large-scale transportation corridor projects has entailed the management of historical resource surveys through multiple cities in Los Angeles County. She is also experienced in preparing applications for Mills Act Historic Property Contracts as well as inspecting properties with existing contracts. Educational Background: Selected Projects: • Master of Planning, University of Southern California, 2007 • Certificate, Historic Preservation, University of Southern California, 2007 • B.S., Public Policy, Management and Planning, University of Southern California, 2007 • North Hollywood Southern Pacific Railroad Depot, Secretary of the Interior’s Standards Compliance Memo, 2021 • Los Angeles Union Station Five New Capital Projects, Secretary of the Interior’s Standards Compliance Memo, 2020-2021 • Mariposa Condominiums, El Segundo, CEQA Historical Resource Evaluation Report, 2021 • North Hollywood to Pasadena Bus Rapid Transit Corridor Project, CEQA Historical Resource Technical Report, 2019- 2021 • Union Street Cycle Track, Pasadena, CEQA/NEPA Historical Resource Technical Report, 2019-2020 • High Speed Rail, Burbank to Los Angeles Project Section, CEQA/NEPA Historical Resource Technical Report, 2016- 2018 • 250 E. Union Street, Pasadena, CEQA Historical Resource Technical Report, 2018 • Figueroa & Flower, Los Angeles, CEQA Historical Resource Technical Report, 2018 • 949 S. Hope Street, Los Angeles, CEQA Historical Resource Technical Report, 2017 • Olympic & Figueroa, Los Angeles, CEQA Historical Resource Technical Report, 2017 • 1442-52 Tamarind Avenue, Los Angeles, CEQA Historical Resource Evaluation Report, 2016 • 1336-1400 Gordon Street, Los Angeles, CEQA Historical Resource Evaluation Report, 2016 • 3200 W Adams, Secretary of the Interior’s Standards Compliance Memo, 2015 Professional Experience: • GPA Consulting, Senior Preservation Planner, 2013-Present • Pasadena Heritage, Preservation Director, 2010-2013 • Deborah Murphy Urban Design + Planning, Planner, 2009-2010 • Brown/Meshul, Inc. Land Use Consultants, Assistant Project Manager, 2006-2009 Qualifications: • Meets the Secretary of the Interior’s Professional Qualifications Standards for history and architectural history pursuant to the Code of Federal Regulations, 36 CFR Part 61, Appendix A. • National Preservation Institute, Section 106: An Introduction 242 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment A EMMA HAGGERTY Emma Haggerty is an Associate Architectural Historian at GPA and has been involved in the field of historic preservation since 2016. Emma graduated from the University of Vermont with a Master of Science in Historic Preservation. She has since worked in the public sector in both New Jersey and California on a variety of projects. Emma joined GPA in 2021 and her experience has included review of environmental compliance documents in accordance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA); design review for consistency with the Secretary of the Interior’s Standards (SOIS); and municipal code compliance. Additionally, Emma has experience reviewing Mills Act Applications, preparing Mills Act Contracts, and performing site inspections for properties under and interested in the Mills Act. Educational Background: Selected Projects: • Master of Science, University of Vermont, 2018 • B.A., Planning and Public Policy, Rutgers University, 2016 • 1102 Pacific Coast Highway, City of Huntington Beach, CEQA Historical Resource Technical Report, 2021 • 2501 Curtis Avenue, Redondo Beach, CEQA Historical Resource Evaluation Report, 2021 –2022 • 3014 4th Street, City of Santa Monica, Local Landmark Assessment, 2022 • 325 Georgina Avenue, City of Santa Monica, Local Landmark Assessment, 2022 • 400-432 S. San Vicente Boulevard, City of Los Angeles, CEQA Historical Resource Evaluation Report, 2022 • 631 Colorado Avenue, City of Santa Monica, Local Landmark Assessment, 2021 –2021. • 660-664 W. Wilson Avenue, City of Glendale, CEQA Historical Resource Evaluation Report, 2022 • Carnegie Library, City of Yreka, Historic Structures Report and Section 106 Finding of No Adverse Effect Report, 2022 • CEQA Significance Report Evaluations, Planner, City of San Diego, 2018- 2021 • Chula Vista Center, City of Chula Vista, CEQA Historical Resource Evaluation Report, 2021 –2022 • Ole Hanson Beach Club, City of San Clemente, Secretary of Interior’s Standards Compliance, 2022 • Sewage Pumping Plant #669, Port of Los Angeles, Historical Resources Technical Memorandum, 2022 • Telfair Multi-Modal Bridge, City of Los Angeles, USACE Cultural Resources Assessment Report, 2022 • Whittier Citrus Association Packing House, Historic Preservation Treatment Plan, 2022 Professional Experience: • GPA Consulting, Associate Architectural Historian, 2021-Present • City of San Diego, Historical Resources Senior Planner & Mills Act Coordinator, 2018-2021 • New Jersey Historic Preservation Office, Program Associate, 2018 • National Trust for Historic Preservation – Lyndhurst Mansion, Historic Preservation Intern, 2017 Qualifications: • Meets the Secretary of the Interior’s Professional Qualifications Standards for history and architectural history pursuant to the Code of Federal Regulations, 36 CFR Part 61, Appendix A. • National Preservation Institute, Section 106: An Introduction 243 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment A AUDREY VON AHRENS Audrey von Ahrens is an Associate Architectural Historian at GPA. She has been involved in the field of historic preservation since 2013. Audrey graduated from the University of Pennsylvania with a Master of Science in Historic Preservation and City Planning where she focused on preservation planning and community economic development. She has since worked in private historic preservation consulting in California. Audrey joined GPA in 2017 and her experience has included the preparation of environmental compliance documents in accordance with the California Environmental Quality Act and Section 106 of the National Historic Preservation Act; historic context statements; Secretary of the Interior’s Standards analysis; large-scale historic resources surveys; and evaluations of eligibility for a wide variety of projects and property types throughout Southern California. Audrey is also experienced in coordinating with property owners and local governments in the preparation and review of Mills Act Property Contract applications and the inspection and reporting of properties applying for or with existing contracts. Educational Background: Selected Projects: • M.S., Historic Preservation, University of Pennsylvania, 2016 • Master of City Planning, University of Pennsylvania, 2016 • B.A., Architectural Studies and Urban Studies, University of Pittsburgh, 2013 • 425 S. Union Avenue, Los Angeles, CEQA Historical Resource Evaluation Report, 2021 • 11343-45 W. Ventura Boulevard, Los Angeles, CEQA Phase 1 Historical Resource Evaluation Report, 2020 • 1360 Vine Street, Los Angeles, CEQA Historical Resource Technical Report, 2020 • 1400 Vine Street, Los Angeles, CEQA Historical Resource Technical Report, 2020 • 3008 Wilshire Boulevard, Los Angeles, CEQA Historical Resource Evaluation Report, 2022-2023 • 325 S. Boyle Avenue, Los Angeles, CEQA Historical Resources Technical Report, 2022-2023 • 328 N. Oakhurst Drive, Beverly Hills, CEQA Historical Resource Evaluation Report, 2019 • 4080 Lafayette Place, Culver City, CEQA Historical Resource Evaluation Report, 2019 • 4900-20 Eagle Rock Boulevard, Los Angeles, Phase 1 Historical Resource Evaluation Report, 2020 • 933 S. Gramercy Place, Los Angeles, CEQA Phase 1 Historical Resource Evaluation Report, 2020 • Broadway Federal Midtown Branch, Los Angeles, Character-Defining Features Analysis and CEQA Historical Resource Technical Report, 2018 • CF Braun & Company Plant, Alhambra, CEQA Historical Resource Technical Report, 2019 • Los Angeles Union Station Five New Capital Projects, Secretary of the Interior’s Standards Compliance Memo, 2020-2021 • Nakase Brothers Wholesale Nursery, Lake Forest, CEQA Historical Resource Evaluation Report, 2019 Professional Experience: • GPA Consulting, Associate Architectural Historian, 2017-present • Heritage Consulting, Inc., Intern, 2015-2016 • Tacony Community Development Corp., Intern, 2014 • Pittsburgh History & Landmarks Foundation, Intern, 2013 • University of Pittsburgh, Teaching Assistant, 2012- 2013 • Pittsburgh Planning Department, Intern, 2012 • Pittsburgh Downtown Partnership, Intern, 2011 Qualifications: • Meets the Secretary of the Interior’s Professional Qualification Standards for history and architectural history pursuant to the Code of Federal Regulations, 36 CFR Part 61, Appendix A. Professional Activities: • Downtown Los Angeles Neighborhood Council, Planning and Land Use Committee, 2018-present • Downtown Los Angeles Neighborhood Council, Board of Directors, Area Wide Alternate, 2019-2020, 2022- present 244 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment B Attachment B: Additional Photographs Figure 9: Front elevation, view looking north. GPA Consulting, January 27, 2023. Figure 10: Side elevation, view looking west. GPA Consulting, January 27, 2023. 245 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment B Figure 11: Rear of driveway, view looking southeast. GPA Consulting, January 27, 2023. Figure 12: Northwest elevation, view looking southeast. GPA Consulting, January 27, 2023. 246 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment B Figure 13: Side elevation, view looking northeast. GPA Consulting, January 27, 2023. Figure 14: Photo 6: Primary elevation, view looking northeast. GPA Consulting, January 27, 2023. 247 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C Attachment C: City Directory Listings 1921 City Directory, Ancestry.com. 248 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1925 City Directory, Ancestry.com. 249 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1927 City Directory, Ancestry.com. 250 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1930 Census. Census addresses property as 2240 22nd Street which was former name of Monterey Boulevard/ Ancestry.com. 251 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1931 City Directory, Ancestry.com. 252 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1936 City Directory, Ancestry.com. 253 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment C 1947 City Directory, Ancestry.com. 254 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment D Attachment D: Previous Surveys Excerpted from PCR Services, “Section 7.0 Cultural Resources,” Appendix C – Technical Background Report, PLAN Hermosa Draft Environmental Impact Report, City of Hermosa Beach, October 2016, 7-21. (2204 Monterey Boulevard enlarged and highlighted in red.) 255 _____________________________________________________________________________________________ Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment D Excerpted from Patricia A. Gazin, Castles on the Sand: An Incomplete Chronicle of the Habitations of Ancient Hermosans (Hermosa Beach: 1977). (Provided by Homeowner) 256 Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment E Attachment E: Sanborn Map Excerpted from Sanborn Map Company, Sanborn Fire Insurance Map for Hermosa Beach, Los Angeles County, California, 1946. (2204 Monterey Boulevard outlined in red.) 257 Memorandum – 2204 Monterey Boulevard, Hermosa Beach, CA Attachment F Attachment F: Building Permits 258 259 260 261 262 263 264 265 266 267 268 269 270 City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach shall hold a hybrid public hearing on Tuesday, April 25, 2023 to consider the following: HISTORIC RESOURCES PRESERVATION (HRR 22-01) REQUEST TO ADOPT CITY COUNCIL RESOLUTION 22-XX APPROVING HISTORIC RESOURCES PRESERVATION NO. 22-01 FOR THE DESIGNATION OF A LANDMARK FOR THE PROPERTY LOCATED AT 2204 MONTEREY BOULEVARD. SAID PUBLIC MEETING shall be held in-person and virtually as a hybrid meeting. The public may attend in person at Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 or virtually by Zoom using the meeting link provided on the agenda posted on the City’s Agendas/Minutes/Video webpage 72 hours before the meeting. The public may also view the hearing on Spectrum Channel 8, Frontier Channel 31, and https://www.youtube.com/c/CityofHermosaBeach90254. The City Council meeting begins at 6:00 P.M. and the matter will be heard in the order as listed on the posted agenda. ANY AND ALL PERSONS interested are invited to participate and speak at these meetings. See the meeting agenda or contact the City Clerk’s office at cityclerk@hermosabeach.gov for participation details. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. Written comments may also be submitted via e-Comment in 3 easy steps once the agenda has been posted on the City website: 1.Go to Agendas/Minutes/Video webpage and find the meeting on which you’d like to comment. 2.Find the agenda item on which you’d like to comment; and 3.Sign in to your SpeakUp Hermosa Account or sign in as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the above-listed departments at, or prior to, the public meeting. FOR FURTHER INFORMATION, please contact the City Clerk’s office at (310) 318-0204 or cityclerk@hermosabeach.gov. The Department operates from 7:00 AM to 6:00 PM, Monday through Thursday. A copy of the agenda and staff report(s) will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Myra Maravilla, MPA, CMC City Clerk 271 272 Public Notice Posters – 2204 Monterey Boulevard 273 274 From: Robert Fortunato <for2un@gmail.com> Sent: Tuesday, April 18, 2023 6:12 AM To: City Council <citycouncil@hermosabeach.gov> Cc: Suja Lowenthal <suja@hermosabeach.gov>; Ann Yang <anny@hermosabeach.gov> Subject: Historic Preservation Opportunity for City Council Honorable Mayor Jackson, Members of the Hermosa Beach City Council and Staff, Monica, Carter Fortunato and I would like to fully support the item that will be on your agenda as a Public Hearing at your Tuesday, April 25 City Council Meeting. The Item is the Historic Resources Preservation request for the designation of Marsha Majka’s property at 2204 Monterey Blvd. As you know, the history of Hermosa Beach's buildings is being lost with every new development. This is a unique circumstance that would allow us to save a piece of the past and build a living time capsule. The future will thank you for your support on this important matter. Thank you, Robert Fortunato 275 HISTORIC PRESERVATION RESOURCES HISTORIC LANDMARK DESIGNATION2204 MONTEREY BOULEVARD 276 Background •Historic Resources Preservation •Landmark Nomination initiated by the property owner •Fee Waiver Policy 277 2204 Monterey Boulevard •Single-family home constructed in 1913 •Located in the First Addition Tract in the Sand Section Neighborhood •Craftsman Style Architecture 278 Analysis •GPA Consulting •Criteria requirements for Local Landmark Designation 279 Evaluation •Landmarks must satisfy one or more of the five designation criteria in accordance with Section 17.53.070 of the HBMC •Criterion C o It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship 280 Architectural Elements Primary elevation 281 Architectural Elements East elevation 282 Architectural Elements Window grouping 283 Architectural Elements Exposed rafter tails 284 Architectural Elements Extended eaves 285 Administration of Landmarks •Altering Landmarks •Removal of Landmark Status •Mills Act 286 General Plan Land Use Element •5.5 –Provide incentives for the preservation of adaptive reuse or historic and iconic landmarks •5.6 –Seek to maintain and enhance neighborhood character through eclectic and diverse architectural style •10.1 –Encourage the voluntary designation of potentially historic resources as landmarks or historic districts •10.8 –Provide expert technical assistance to owners of potentially eligible and designated historic properties with tools and incentives to maintain historic resources 287 Fiscal Impact •Fee Waiver Program o Waives up to 90% of fees to a maximum of $10,000 •Staff determines if property qualifies via a prima facie review •2204 Monterey Boulevard fees totaled $13,086.72 •Applicant was responsible for $3,086.72 288 Environmental Determination The project qualifies for a Class 1 Categorical Exemption under Section 15331 of the CEQA Guidelines for Historical Resources Restoration/Rehabilitation as a building to be preserved as a historical resource 289 Recommendation Based upon the professional analysis and evaluation conducted by GPA Consulting, staff recommends that the City Council approve the Resolution designating the property located at 2204 Monterey Boulevard as a Local Historic Landmark in the City of Hermosa Beach 290 Questions and Discussion 291 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0247 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 ADOPT ORDINANCE ESTABLISHING PERMANENT OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATIONS AND ACCOMPANYING RESOLUTIONS (Environmental Programs Manager Doug Krauss) Recommended Action: Staff recommends City Council: 1.Introduce and waive first reading of Ordinance 23-XXXX amending various sections of Chapter 12.16 of the Hermosa Beach Municipal Code establishing a permanent outdoor dining program and the determination that the project is Categorically Exempt under the California Environmental Quality Act (CEQA)(Attachment 1); 2.Adopt a resolution approving revised guidelines for encroachments on Pier Plaza and off- Plaza public rights-of-way (Attachment 2); 3.Adopt a resolution approving lane reconfigurations and bike lanes in the downtown area (Attachment 3); 4.Adopt a resolution establishing a fee schedule for encroachments citywide (Attachment 4); and 5.Consider staff recommendations for the remaining elements of the outdoor dining program with a plan for staff to return to Council for formal action at a future meeting. Executive Summary: At its December 14,2021 meeting,City Council provided staff with direction to develop long-term versions of the temporary outdoor dining and downtown lane reconfiguration programs that were created in response to the COVID-19 pandemic.Council subsequently extended the temporary program through May 1,2023 with direction to staff to bring the elements of the program to Council before that date. The final elements necessary to establish the long-term program are presented here for Council’s consideration and approval.These include an ordinance amending Chapter 12.16 (Encroachments) of the Hermosa Beach Municipal Code,a resolution revising existing operational and design guidelines for Pier Plaza and other off-street encroachments,a resolution approving the downtown lane reconfigurations and bike lanes,a resolution for new encroachment fees,and accompanying City of Hermosa Beach Printed on 4/25/2023Page 1 of 16 powered by Legistar™292 Staff Report REPORT 23-0247 lane reconfigurations and bike lanes,a resolution for new encroachment fees,and accompanying CEQA determinations for these projects.Staff recommends some program elements,as described below, be brought back to Council for formal action at a future meeting. Background: The City has long supported and encouraged outdoor dining on private and public property to supplement indoor operations.With the onset of the COVID-19 pandemic and related heath orders, businesses were limited from operating indoors in varying degrees.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 included a basic set of guidelines pertaining to hours of operation,permitted uses,maintenance,etc., collectively referred to hereafter as the Outdoor Permit Program. The City issued over 60 permits during the term of the Outdoor Permit Program in a variety of commercial locations citywide including extended encroachments on Pier Plaza and encroachments into other public right-of-way areas.This included encroachment into on-street parking spaces,which had previously not been allowed in Hermosa Beach.These on-street encroachments,also known as “dining decks”,involved businesses constructing decks adjacent the business,accessible from the sidewalk,and with minimum required traffic barriers and other safety features.Initially,City Council allowed these uses without consideration of any encroachment area rents or reimbursement of lost parking meter revenue.In June 2021,Council approved extension of this pilot program through December 31,2021 and authorized implementation of a reapplication process for outdoor encroachment areas that included renewal of permissions from neighboring businesses and requirement of deposits to pay for removal of the decks should the City need to do so. 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, 2022. Program revenues for the temporary encroachment areas were estimated to be approximately $400,000 annually,based on the number of areas in place at the time.At its February 8,2022 meeting,Council also approved reinstatement of the encroachment fees for preexisting encroachment areas.These fees generate approximately $280,000 annually.At that meeting, Council also approved program refinements related to the use of temporary canopies,branded furniture, and enhanced maintenance. Council subsequently extended the program in both May and November of 2022 with a final City of Hermosa Beach Printed on 4/25/2023Page 2 of 16 powered by Legistar™293 Staff Report REPORT 23-0247 extension to May 1, 2023 and direction to staff to bring the permanent program for consideration. 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.Doing so,additionally,worked to support many of the mobility goals described in PLAN Hermosa.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 accessible parking spaces,and associated signage and pavement markings.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.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 the program through January 1,2023 and,in November 2022, extended the program again till May 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 November 3, 2022 Approved extension of temporary programs through May 1, 2023 January 24, 2023 Consideration market rate appraisal, temporary rooftop dining, and changes to Pier Plaza temporary encroachments March 28, 2023 Considered a draft ordinance related to permanent outdoor dining and retail City of Hermosa Beach Printed on 4/25/2023Page 3 of 16 powered by Legistar™294 Staff Report REPORT 23-0247 Meeting Date DescriptionJune 9, 2020 Approved Ordinance 20-1410U allowing temporary permit programfor 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 throughDecember 31, 2021.July 13, 2021 Approved Resolution authorizing extension of lanereconfigurations.October 26, 2021 Approved development and implementation of permanent versionsof 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 November 3, 2022 Approved extension of temporary programs through May 1, 2023 January 24, 2023 Consideration market rate appraisal, temporary rooftop dining, and changes to Pier Plaza temporary encroachments March 28, 2023 Considered a draft ordinance related to permanent outdoor dining and retail Discussion: As directed by Council at its October 26,2021 meeting,staff developed the elements necessary to establish a permanent version of the Outdoor Dining Program and Downtown Lane Reconfiguration Program. These elements include: 1.An ordinance amending Hermosa Beach Municipal Code Chapter 12.16 to establish basic guidelines for a permanent outdoor dining and retail program. 2.A resolution establishing a new fee schedule for encroachments citywide. 3.A resolution permanently establishing the downtown lane reconfigurations and bike lanes. 4.A resolution amending operational and design guidelines for Pier Plaza. 5.A CEQA determination for the program elements. 6.A resolution adopting guidelines for operational and design standards for on-street dining decks. These elements were considered and developed by a diverse team of City staff,representing all City departments.The City secured specialists to help with traffic counts and analysis,CEQA findings, traffic safety and on-street dining deck specifications,and market appraisal of encroachment areas. Staff gathered feedback from businesses,community members,other agencies,and an array of stakeholders since 2020.The Economic Development Committee meetings,along with numerous City Council meetings,have provided excellent feedback both from Councilmembers and the many people that have shared their views at these meetings.The Chamber of Commerce has been an essential partner in all these efforts,both sharing vital information with its members and gathering data through multiple surveys over the lifetime of the temporary outdoor dining program (Attachment 5). The status of each of these elements, along with recommendations, is detailed below. 1.Ordinance:Staff worked with the City Attorney to identify the various code amendments in Chapter 12.16 necessary to establish permanent outdoor dining programs in the public right-of-way. Staff recommends creating a single program to regulate encroachments that were approved before the pandemic,as well as all temporary encroachments that may become permanent through this City of Hermosa Beach Printed on 4/25/2023Page 4 of 16 powered by Legistar™295 Staff Report REPORT 23-0247 the pandemic,as well as all temporary encroachments that may become permanent through this program.A single program would be easier for staff to implement and more coherent and efficient for the businesses and public.These modifications propose outdoor dining encroachments that would be allowed in certain public areas (Pier Plaza and the public rights-of-way such as sidewalks and parking spaces)and that encroachments for retail use would be allowed only on Pier Plaza.This would be accomplished via an encroachment permit subject to required findings by the City Manager or designee that must be renewed annually.Each possible type of encroachment (i.e.,Pier Plaza, dining deck in a parking space,areas on the sidewalk)has its own operational standards and the City Manager would have the ability to promulgate regulations furthering the intent of the ordinance without contradicting it. Additionally,these encroachment permits are not vested land use rights such as a Conditional Use Permit (CUP)or similar permit.Because the City is granting the use of public space for this private commercial activity,the City retains the ability to revoke the permit without cause.Importantly,the proposed regulations would require all applicants for an encroachment to be free of outstanding code violations or delinquent encroachment fee payments.Upon annual review,any applicant in violation would not be allowed an encroachment permit. Contained in this draft Ordinance (Attachment 1)is language related to the regulation and administration of the encroachments,as mentioned above.Also included is language related to the maximum size and configuration of these encroachments.Informed in part by City Council’s discussion at the March 28, 2023 meeting, staff recommends: ·The option for businesses on Pier Plaza and other off-street encroachment areas to add up to 500 square feet of area with a not-to-exceed total area of 1,000 square feet.Pier Plaza encroachments would be limited to a maximum depth of twenty-five feet from the frontage, similar to the current temporary configuration (Attachment 6).This would allow many businesses to keep their entire temporary encroachment area created during COVID-19 pandemic.A few businesses would be required to reduce their temporary encroachments to meet this requirement but it also allows prior,permanent encroachments (such as Martha’s on 22nd Street),to maintain its historic encroachment areas intact.A map of existing encroachment areas and a chart of their square footage is attached for reference (Attachment 7).Should all businesses choose to participate,the future encroachment areas would appear almost identical to the current layout with a few reducing in size from their current temporary encroachment areas. On-street encroachment areas (“dining decks”)would maintain their current maximum size regulations of two parallel or three head-in parking spaces.Where the encroachment is entirely within the business frontage,these maximum areas are three parallel and four head-in City of Hermosa Beach Printed on 4/25/2023Page 5 of 16 powered by Legistar™296 Staff Report REPORT 23-0247 parking spaces. ·Restricting encroachment areas on Pier Plaza to only the limits of the property’s frontage.This too would require a few businesses to reconfigure or reduce their temporary encroachments. Because of their unique location,Loreto Plaza encroachments could be allowed pending review and approval of the City Manager. ·Limit hours of operation on the encroachment areas to midnight for Pier Plaza,applied to the entire encroachment area,including both the historic “permanent”encroachments and any newly added encroachment area.On-street encroachments would continue to be limited to 11:00 P.M.closure.Encroachments adjacent residential properties or with other unique considerations,such as North End Bar and Grill,may be subject to alternative operational hours and conditions, per City review. The more specific guidelines and operational standards for these different encroachments are recommended to be approved separately via resolutions including:one for encroachments on Pier Plaza,sidewalks,and off-street areas (Attachment 2)and another resolution for on-street encroachments, to be brought to Council at a later date. 2.New fee schedule for encroachments.In January of 2022,City Council approved establishing fees for temporary encroachments created during the pandemic.These fees were set at $1.50 per square foot per month.Additionally,Council approved reinstating prior encroachments fees per the schedule shown below: Location and Operation Category Fee per square foot per month On Pier Plaza, open after midnight $5 On Pier Plaza, closed before midnight $2 Not on Pier Plaza; snack shop on Pier Plaza $1 City staff analyzed many potential fee structures for these encroachments.This analysis includes surveys of other agencies in the region and extensive feedback from local businesses,including data from a recent survey performed by the Chamber of Commerce.Additionally,the City hired a third- party expert to perform a market rate appraisal of all pre-existing and temporary encroachment areas, which was considered by City Council in January 2023. After careful analysis of this varied data,staff proposes a fee schedule (Attachment 4)that seeks to balance the City’s costs,the value to private businesses of using public right-of-way,and the need to establish a reasonable fee that would encourage utilization of the outdoor dining program.The following table illustrates the proposed fees and encroachment categories: City of Hermosa Beach Printed on 4/25/2023Page 6 of 16 powered by Legistar™297 Staff Report REPORT 23-0247 Location and Operation Category Fee per square foot per month Percent increase over current fees On Pier Plaza, open after midnight, serving alcohol $6 20 percent On Pier Plaza, closed before midnight, serving alcohol $3 50 percent On-street, sidewalk, off-Pier Plaza, on Pier Plaza not serving alcohol, Pier Plaza retail $2 100 percent for previous $1 fees. 33 percent for temporary $1.50 fees. The proposed fees and categories reflect feedback from Council that current fees should be increased yet are proposed as modest increases which would encourage utilization of these encroachment areas,especially during this first year of the new permanent dining and retail program. For comparison,the market rates stated in the recent aforementioned appraisal report were as follows: ·Pier Plaza properties-$5.67 per square foot ·Hermosa Avenue properties (including off-street encroachments)-$4.83 per square foot ·Properties east of Hermosa Avenue (i.e., Pier Avenue)-$4 per square foot The proposed rates are mostly lower than the appraisal’s market rates in part to avoid a sudden dramatic increase to program participants.Fees could be adjusted in phases moving forward to reach parity with market rates,should Council so choose.Staff estimates that these proposed fees would generate approximately $913,260 annually,64 percent more revenue than the current revenue for all permanent and temporary encroachment area fees (Attachment 8). Staff is also developing new application review fees for all encroachment types.These would factor in rates for City staff review time and will be brought back to Council soon for review and approval. 3.Downtown lane reconfigurations and bike lanes.Staff recommends Council adopt a resolution to make permanent the downtown lane reconfigurations,bike lanes,and lane closures implemented on a temporary basis beginning in 2020 (Attachment 3).Although the lane reconfigurations are technically separate from the outdoor dining program,the two programs are connected and,for CEQA purposes,were analyzed concurrently to determine overall environmental impact.The current on-street outdoor dining decks are made effective and desirable largely due to the presence of the lane reconfigurations.The bike lane not only provides a valuable option for multi- modal transportation,but primarily serves as a necessary buffer zone between the dining decks and vehicular traffic,improving both safety and comfort for dining patrons.The City’s traffic engineer affirms the necessity to maintain the buffer zone to improve both the safety of the dining decks and City of Hermosa Beach Printed on 4/25/2023Page 7 of 16 powered by Legistar™298 Staff Report REPORT 23-0247 affirms the necessity to maintain the buffer zone to improve both the safety of the dining decks and passing vehicles-for this reason,the prior four lane cross section is not compatible with the on-street dining decks (Attachment 9). In addition,traffic counts performed each summer since 2020 have shown that the effect of the lane reconfigurations on traffic has been negligible (Attachment 10).Although a 32 percent increase in overall vehicular volume in the downtown area was observed between summers 2021 and 2022 (as volumes returned to pre-COVID levels),a five percent decrease in speeds was also measured along with increases of 33 percent and 26 percent in walking and biking activity, respectively. 4.Operational and design guidelines for Pier Plaza,sidewalks,and off-street encroachments.Staff recommends Council approve a resolution adopting amended guidelines for encroachments on Pier Plaza and other off-street public right-of-way areas (Attachment 2).These guidelines include more specific details on operational and design concerns such as application procedures,placement of furniture,accessibility and insurance requirements,maintenance and cleanliness minimums,etc.These are largely unchanged from the guidelines that have been in place since 2015 but do reflect the prohibition to queueing that was implemented during the COVID-19 pandemic. 5.CEQA determination.The City utilized a third-party CEQA specialist to analyze the proposed permanent programs and develop a report.The consultant analyzed separately the two projects: A.The permanent Pier Plaza and other prior off-street encroachment program (“Pier Plaza Encroachment Program Modifications”); and B.The permanent on-street outdoor dining and lane reconfigurations (“Outdoor Dining”). Per the report (Attachment 3)the proposed projects are Categorically Exempt per the California Environmental Quality Act.The projects’descriptions and exemption categories are each described below: A.Pier Plaza Encroachment Program Modifications:the proposed project would modify the existing program that allows retail,eating,and drinking establishments to encroach onto the public right-of-way on Pier Plaza for the purpose of providing outdoor dining.The project would allow an increase of 4,200 square feet of outdoor dining in the public right-of-way on Pier Plaza.The City currently allows 5,700 square feet of outdoor dining on Pier Plaza,excluding additional areas allowed under the temporary ordinance.The project would thus result in a total allowable square footage of 9,900 on Pier Plaza. Outdoor dining is currently allowed to extend up to 13 feet into the Plaza area along the entire length of the dining establishment’s frontage on Pier Plaza.The proposed project would allow dining areas City of Hermosa Beach Printed on 4/25/2023Page 8 of 16 powered by Legistar™299 Staff Report REPORT 23-0247 of the dining establishment’s frontage on Pier Plaza.The proposed project would allow dining areas to extend an additional 12 feet into Pier Plaza for a total of 25 feet.Under the proposed program, individual establishments would each be limited to a maximum of 1,000 square feet of outdoor dining (and in no case exceed 500 additional square feet beyond what they are allowed under the current Pier Plaza Encroachment Program. Unlike the outdoor dining areas that would be allowed elsewhere,outdoor dining areas on Pier Plaza would not include dining decks or any permanent modifications within the public right-of-way,but would be limited to the temporary placement of tables,chairs,umbrellas,planters,and other elements that serve the allowed use.Canopies would not be allowed to extend beyond currently allowed outdoor dining areas and umbrellas would be removed at the end of business hours.All individual encroachment permits would be subject to the review and approval of the City Manager to ensure compliance with the modified program’s restrictions and guidelines,including avoidance of significant visual intrusion into the public view corridor to the open sky and ocean from Pier Plaza. Environmental Determination: The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines,in accordance with Section 15061,the ‘common sense’exemption,and Section 15301 which addresses minor alteration of existing public facilities, specifically: 15061(b)(3)-The project is covered by the common sense exemption that applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 15301(c)-Existing highways and streets,sidewalks,gutters,bicycle and pedestrian trails,and similar facilities (this includes road grading for the purpose of public safety),and other alterations such as the addition of bicycle facilities,including but not limited to bicycle parking,bicycle-share facilities and bicycle lanes,transit improvements such as bus lanes,pedestrian crossings,street trees,and other similar alterations that do not create additional automobile lanes. None of the exceptions to the Categorical Exemption apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway.The site is not located on a hazardous waste site and would not cause a substantial adverse change in the significance of a historical resource. B.Outdoor Dining:the Outdoor Dining Program would enable commercial eating and drinking establishments located in specific areas of Hermosa Beach to use portions of City right-of- way for outdoor dining purposes.The proposed project consists of two components:(1)a Downtown Lane Reconfiguration Program that would establish permanent lane reconfigurations on Hermosa City of Hermosa Beach Printed on 4/25/2023Page 9 of 16 powered by Legistar™300 Staff Report REPORT 23-0247 Lane Reconfiguration Program that would establish permanent lane reconfigurations on Hermosa Avenue and Pier Avenue to create areas designated for outdoor dining and improve safety for multimodal traffic;and (2)an Outdoor Dining Permit Program that would create a permanent program to permit outdoor dining in specific areas. Downtown Lane Reconfiguration Program The attached resolution would establish long-term encroachments into sidewalks,travel lanes and on -street parking spaces along sections of Hermosa Avenue between 8th and 14th Streets (from the 800 block at 8th Street to the 300 block at 14th Street),at the intersection of Hermosa Avenue and Greenwich Village, and on Pier Avenue between Valley Drive and Hermosa Avenue (Attachment 3). These lane reconfigurations exist today under the City’s Temporary Outdoor Dining Program and would be made permanent under the proposed project.On the designated segments of Hermosa Avenue and Pier Avenue,they would result in permanent closure of the northbound and southbound number two travel lanes (closest to the curb)and would be accompanied by addition of a permanent Class II bike lane in each direction,installation of new on-street ADA accessible parking spaces and associated signage and pavement markings.Approximately 7,000 linear feet of new Class II bike lanes would be made permanent within the former vehicle travel lanes.These lanes would be available for bicycles (electric and conventional) and other wheeled devices. The permanent lane closure at the intersection of Hermosa Avenue and Greenwich Village would consist of closure of the right turn lane from westbound Greenwich Village to northbound Hermosa Avenue and a portion of Hermosa Avenue immediately adjacent to 2626 Hermosa Avenue. Outdoor Permit Program The project would establish an administrative permit process to allow outdoor dining at commercial eating and drinking establishments within Neighborhood Commercial (C1),Downtown Commercial (C2)and the Upper Pier Avenue Specific Plan Area (SPA 11)zones.The geographic extent of these areas is depicted in Exhibit 3 (Attachment 3). The proposed program is bound by limits: A.The maximum square footage of total outdoor dining in all areas shown in Exhibit 3 must not exceed 9,500 square feet. B.The maximum number of on-street public parking spaces that can be converted to permanent dining areas is 78 spaces.In addition to the overall limit of 78 spaces,the program would also limit the number of spaces converted to outdoor dining in each of the City’s three Coastal subzones to no more than 2 percent of the on-street parking in each zone.Per the City’s most recent parking inventory (City of Hermosa Beach,2019),there are 3,969 total on-street parking spaces within the Coastal Zone,with 2,016 spaces in Zone 1,1,183 in Zone 2,and 770 in Zone 3 (See Table 1 below and Exhibit 4).Applying the 2 percent limit,the maximum spaces available for outdoor dining in Zone 1 would be 40,23 in Zone 2 and 15 spaces in City of Hermosa Beach Printed on 4/25/2023Page 10 of 16 powered by Legistar™301 Staff Report REPORT 23-0247 spaces available for outdoor dining in Zone 1 would be 40,23 in Zone 2 and 15 spaces in Zone 3.At present,35 on-street public spaces have been converted to outdoor dining areas and/or bike lanes through the City’s Temporary Lane Reconfiguration Program.These spaces would be able to retain their current configuration under the proposed project,along with the conversion of up to an additional 43 on-street spaces. TABLE 1 PARKING SPACES AVAILABLE FOR OUTDOOR DINING USE UNDER THE PROPOSED PROJECT Parking Zone Total On-Street Spaces 2 Percent Spaces Currently Used for Outdoor Dining Proposed Available Spaces Currently Not In Use ZONE 1 2,016 40 2 38 ZONE 2 1,183 23 33 10 ZONE 3 770 15 0 15 TOTAL 3,969 78 35 43 C.Lane reconfigurations to accommodate outdoor dining are limited to the existing lane reconfigurations shown in the attachment. D.The proposed program would be subject to additional restrictions.To be eligible for an outdoor dining permit,individual eating and dining establishments must not only be located in one of the three zones identified above (C1,C2 or SPA11);in addition,if the outdoor dining area is to be located in the public right-of-way that fronts a street,the street must have a speed limit of 25 miles per hour or less. E. The proposed project also limits outdoor dining to locations that meet the following conditions. 1.The use does not obstruct access to public utilities and infrastructure for emergency or maintenance purposes. 2.All dining areas are in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan. 3. The area in which individual dining areas will be located is not environmentally sensitive. 4.No individual dining area that significantly impacts an historical,cultural,or tribal resource will be permitted. Under the proposed program,outdoor dining permit applications would be reviewed administratively by the City Manager or designee with the participation of the Public Works,Police,and Fire Departments.The proposed permanent Outdoor Permit Program includes a set of Guidelines and Conditions of Approval for individual projects permitted under the program,along with design City of Hermosa Beach Printed on 4/25/2023Page 11 of 16 powered by Legistar™302 Staff Report REPORT 23-0247 Conditions of Approval for individual projects permitted under the program,along with design guidelines for encroachment. Environmental Determination: The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, as follows. The Lane Reconfiguration component of the project is exempt in accordance with Section 15301, which addresses minor alteration of existing public facilities;and Section 15304,which addresses minor alterations to public land.More specifically,the following two subcategories of exemption both apply. 15301(c)-existing highways and streets,sidewalks,gutters,bicycle and pedestrian trails,and similar facilities (this includes road grading for the purpose of public safety),and other alterations such as the addition of bicycle facilities,including but not limited to bicycle parking,bicycle-share facilities and bicycle lanes,transit improvements such as bus lanes,pedestrian crossings,street trees,and other similar alterations that do not create additional automobile lanes. 15304(h)-the creation of bicycle lanes on existing rights-of-way. The Outdoor Dining component of the project is exempt in accordance with Section 15301,which address additions to existing structures and 15303,which addresses construction of limited numbers of new, small structures. More specifically, the following subcategory applies. 15301(e)-additions to existing structures,provided that the addition will not result in an increase of more than 10,000 square feet if: A.The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; and B.The area in which the project is located is not environmentally sensitive. 15303(e)-construction of new small facilities or structures including accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. None of the exceptions to the Categorical Exemption apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway.The site is not located on a hazardous waste site and would not cause a substantial adverse change in the significance of a historical resource. Though both projects are categorically exempt.The City conducted extensive analysis of the City of Hermosa Beach Printed on 4/25/2023Page 12 of 16 powered by Legistar™303 Staff Report REPORT 23-0247 Though both projects are categorically exempt.The City conducted extensive analysis of the potential environmental effects of the on-street outdoor dining deck and lane reconfigurations to help support the determination.The effort included technical studies on traffic,noise,air quality, greenhouse gas emissions,and energy consumption impacts (Attachment 3).This was also done because the project is based on a relatively new,temporary program that did not exist before the COVID-19 pandemic,as opposed to the Pier Plaza encroachment program,which is simply a revision of an existing program. 6.Operational and design standards for on-street dining decks.Staff will finalize these standards and return to Council for review and approval at an upcoming meeting.The delay on these program elements would allow time to further refine and be coordinated with a phased implementation that would be more administratively efficient for the City and potential applicants.The proposed delay is also reflective of the still-evolving nature of on-street dining programs throughout the region,which has made difficult staff’s ability to gather definitive information on safety and construction. The operation and design standard will include process guidelines for applicants,as well as aesthetic and operational parameters.Operational parameters will include essential traffic safety and structural specifications.Staff is working closely with a traffic engineer on these elements of the program.From a risk management standpoint,staff is consulting with California Joint Powers Insurance Authority (JPIA)on its guidelines regarding on-street dining decks and will incorporate these recommendations into the staff recommended standards.Additional time to develop these standards would ensure that staff has considered every aspect of the physical elements of the on-street dining deck program. Next Steps Staff recommends that these various program elements go into effect immediately,but also that Council authorize the City Manager to adjust implementation schedules as needed to ensure efficiency.As mentioned above,staff will return to Council soon for approval of the final design and operational guidelines for the on-street dining decks.Staff recommends that existing on-street decks be allowed to endure through the summer before reapplying for permits in fall.At that time,on-street decks would be required to submit official plans to be fully reviewed and vetted per the approved guidelines. City staff has also 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. City of Hermosa Beach Printed on 4/25/2023Page 13 of 16 powered by Legistar™304 Staff Report REPORT 23-0247 General Plan Consistency: 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. City of Hermosa Beach Printed on 4/25/2023Page 14 of 16 powered by Legistar™305 Staff Report REPORT 23-0247 Fiscal Impact: The Capital Improvement Fund includes $60,000 appropriated for the CEQA specialist to perform the CEQA analysis and an additional $60,000 was appropriated to fund additional traffic and parking analysis to support this work.Funds for ongoing annual traffic and parking analysis will be appropriated in the FY 2023-24 Budget. The proposed encroachment fees are estimated to generate approximately $913,260 in revenue annually,an approximate 64 percent increase over current encroachment fee revenues for continuing encroachments. Staff will return to Council at a later date to establish application review fees and provide revenue estimates at that time. Attachments: 1.Draft Ordinance and CEQA Determination 2.Draft Resolution Approving Guidelines for Permanent Encroachments 3.Draft Resolution Approving Permanent Lane Reconfigurations and Bike Lanes 4.Resolution Establishing a Fee Schedule for Permanent Encroachments 5.Recent Chamber of Commerce Survey Report Regarding Outdoor Dining 6.Pier Plaza Encroachments 7.Map of Current Encroachment Areas 8.Existing and Proposed Encroachment Rate Comparison 9.Traffic Engineer Memorandum 10.Traffic Study and Report 11.Link to June 9, 2020 City Council Staff Report 12.Link to July 14, 2020 City Council Staff Report 13.Link to June 22, 2021 City Council Staff Report 14.Link to July 13, 2021 City Council Staff Report 15.Link to October 26, 2021 City Council Staff Report 16.Link to December 14, 2021 City Council Staff Report 17.Link to January 25, 2022 City Council Staff Report 18.Link to February 8, 2022 City Council Staff Report 19.Link to May 24, 2022 City Council Staff Report 20.Link to June 14, 2022 City Council Staff Report 21.Link to November 3, 2022 City Council Staff Report 22.Link to January 24, 2023 City Council Staff Report 23.Link to March 28, 2023 City Council Staff Report Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Carrie Tai, Community Development Director Concur: Joseph SanClemente, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Pat Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 15 of 16 powered by Legistar™306 Staff Report REPORT 23-0247 City of Hermosa Beach Printed on 4/25/2023Page 16 of 16 powered by Legistar™307 Page 1 of 5 ORD NO. 23- CITY OF HERMOSA BEACH ORDINANCE NO. 23-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE ESTABLISHING AN OUTDOOR DINING PROGRAM AND MAKING PROCEDURAL CHANGES TO THE ISSUANCE AND RENEWAL OF ALL ENCROACHMENTS IN THE CITY AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS A. As a result of the COVID-19 pandemic, on June 9, 2020, the Hermosa Beach City Council adopted Ordinance No. 20-1410U, Implementing a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, Food, and Retail Establishments. B. Relatedly, on July 14, 2020, the City Council extended the provisions of Ordinance No. 20-1410U until at least January 13, 2021, in light of the ongoing pandemic, and directed City staff to work with a traffic engineering consultant to develop options for closing parking and vehicle lanes on the downtown sections of Hermosa and Pier Avenues that would encourage foot traffic and allow for more room for outdoor dining encroachments in the public right-of-way. C. On September 8, 2020, the City Council authorized plans to temporarily close one lane of vehicular traffic in each direction on Pier Avenue, between Hermosa Avenue and Valley Drive, and plans to temporarily close vehicular traffic the northbound and southbound # 2 travel lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th street to facilitate outdoor recreational and economic activity in the City’s downtown area on a temporary basis and add a Class 2 Bike Lane in both directions throughout this project area. 308 Page 2 of 5 ORD NO. 23- D. Further, during this same period, businesses located adjacent to Pier Plaza were temporarily allowed to expand commercial encroachments into Pier Plaza to allow for more room for outdoor dining, increase economic vitality and provide alternative dining options for residents during the COVID-19 pandemic. E. The creation and activation of these spaces for pedestrian oriented uses such as outdoor dining have been beneficial to the Pier Plaza and Downtown areas of the City. These programs have provided residents and visitors with the unique ability to patron City businesses via outdoor dining. Further, businesses have been able to avail themselves to this new opportunity which provides for a more robust economic environment and business friendly environment. F. The City has received positive feedback from residents, visitors and businesses about all of the benefits of these expanded outdoor dining programs. G. Based on the positive impacts and positive feedback of these temporary outdoor dining programs (i.e., dining decks and expanded encroachments in Pier Plaza and other public rights-of-way), the City desires to implement permanent versions of these programs with specific operational and design standards that limit any possible view, noise or other impacts from these expanded dining uses. H. Further, after review of Chapter 12.16, certain procedural and administrative changes are necessary to provide for a more efficient and effective regulatory regime for all encroachments in the City – not just the new or expanded encroachments for outdoor dining. I. Thus, the City desires to amend Chapter 12.16 (Encroachments) to enact permanent versions of the various components of the current temporary outdoor dining program subject to operational and design standard(s). SECTION 2. Chapter 12.16 (Encroachments) of the Hermosa Beach Municipal Code is hereby amended as provided in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. Environmental Review. 309 Page 3 of 5 ORD NO. 23- Outdoor Dining Deck and Off-Plaza Encroachments The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, as follows. The Lane Reconfiguration component of the project is exempt in accordance with Section 15301 which addresses minor alteration of existing public facilities; and Section 15304 which addresses minor alterations to public land. More specifically, the following two subcategories of exemption both apply. 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle- share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. 15304(h) – The creation of bicycle lanes on existing rights-of-way. The Outdoor Dining component of the project is exempt in accordance with Section 15301 which address additions to existing structures and 15303 which addresses construction of limited numbers of new, small structures. More specifically, the following subcategory applies. 15301(e) – Additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if: (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; and (B) The area in which the project is located is not environmentally sensitive. 15303(e) – Construction of new small facilities or structures including accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. None of the exceptions to the Categorical Exemption apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. The site is not located on a hazardous waste site 310 Page 4 of 5 ORD NO. 23- and would not cause a substantial adverse change in the significance of a historical resource. Additional environmental analysis, including technical studies on traffic, noise, air quality, greenhouse gas emissions and energy consumption impacts, was conducted to support the CEQA determination. A summary of the analysis and the technical studies in support of this CEQA determination are presented in Exhibit B. Pier Plaza Encroachments The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, in accordance with Section 15061, the ‘common sense’ exemption, and Section 15301 which addresses minor alterations of existing public facilities, specifically: 15061(b)(3) – The project is covered by the common sense exemption that applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle- share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. None of the exceptions to the Categorical Exemption apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. The site is not located on a hazardous waste site and would not cause a substantial adverse change in the significance of a historical resource. SECTION 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance/resolution are severable. The City Council declares that it would 311 Page 5 of 5 ORD NO. 23- have adopted this ordinance/resolution irrespective of the invalidity of any portion thereof. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937 and shall be retroactive to June 1, 2023. SECTION 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this 25th day of April, 2023. Ray Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 312 Chapter 12.16 Encroachments 12.16.010 Definitions. 12.16.020 Permit. 12.16.030 Commencement of work without permit. 12.16.040 Authority to grant. 12.16.050 Residential encroachments. 12.16.060 Commercial encroachments. 12.16.070 Findings necessary to grant an encroachment. 12.16.080 Requirements and conditions of approval. 12.16.090 Commercial outdoor dining. 12.16.100 Commercial encroachments–Retail display areas. 12.16.110 Application procedure. 12.16.120 Maintenance of encroachment. 12.16.130 Nonconformance of encroachment. 12.16.150 Revocation. 12.16.160 Encroachment violation. 12.16.170 Violation–Misdemeanor. 12.16.180 Violations of encroachment regulations–Additional remedies. 12.16.190 Fees. 12.16.010 Definitions. As used in this chapter: Commercial encroachment shall mean an encroachment into the adjoining public right-of-way for any commercial purpose. Encroachments are structures, objects, uses or landscaping owned by a private property owner and located on or over adjoining public right-of-way for the property owner’s private use and enjoyment. Permissible residential encroachments are those which place a minimal burden on the right-of-way, are easily removable and do not materially alter the character of the right-of-way as open space, and include landscaping, fencing, movable personal property (such as furniture and planters), patios, decks, landscape irrigation and lighting systems and similar structures and objects, in accordance with the standards, conditions and requirements of 313 this chapter. No building or structural element of a building (including walls, roofs, s tructural supports, balconies, stairwells, and the like) shall be permitted to encroach on or over a public right -of-way. Encroachment means and includes any obstruction, tower, pole, pole line, pipe, wire, cable, conduit, wall, fence, balcony, deck, stand or building, or any structure or object of any kind or character which is placed in, along, under, over or across public right-of-way. Pedestrian walk street is defined by council under a separate resolution Person includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city, any county including this county, and all departments and bureaus thereof except the city of Hermosa Beach. Residential encroachment shall mean an encroachment into the adjoining public right-of-way for the residential property owner’s private use and enjoyment. Shall and May. “Shall" is mandatory; "may" is permissive. Structure is defined by the Uniform Building Code as that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 12.16.020 Permit. An encroachment permit is required for any landscaping in excess of forty -two (42) inches in height, and any structure, object or use which is permitted by this chapter to encroach on or over a public right -of- way. The encroachment permit shall be in a form provided by th e public works director city and approved by the city attorney. Issuance of an encroachment permit is within the city’s sole discretion and constitutes a privilege granted by the city as a convenience to an adjoining property owner and not a right. No land use right s or any other kind of vested right s are created by virtue of an encroachment permit. Encroachment permits shall be for a period not to exceed one (1) year an d must be renewed annually. An application for renewal shall require the sam e findings as an original application except as otherwise noted and shall be submitted no later than sixty (60) days prior to the expiration of any existing encroachment permit. An encroachment permit is not a substitute for a building permit or a construc tion permit when either is otherwise required by this Code . 12.16.030 Commencement of work without permit. Any person who shall commence any work, for which a permit is required by this chapter, without first having obtained a permit shall stop work and apply for such permit. The fee for the permit shall be doubled. In addition, failure to stop constitutes a misdemeanor and is defined in this chapter. 12.16.040 Authority to grant. A permit to encroach into a planned or existing public right -of-way may be granted upon such terms and conditions as are deemed necessary. The authority to grant or deny such permit application is vested in the director of public worksCity Manager or designee, unless otherwise specified. Approval of encroachments which deviate from the established guidelines can only be granted with city council approval in an appeal process. If the applicant for an encroachment permit is an officer or employee of the city, only the city council is authorized to issue the permit. 314 12.16.050 Residential encroachments. Approvals of all residential encroachments is vested with the City Manager or designee director of public works and the rules and guidelines are set forth herein. Only the owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent residential property. No commercial activity of any kind is permitted on residential encroachment areas. 12.16.060 Commercial encroachments. The authority to grant or deny commercial encroachments is vested with the director of public worksCity Manager or designee. Commercial encroachments shall comply with the requirements set forth in this chapter. A. If a conditional use permit is required for the encroachment. pursuant to this chapter, approval of the commercial encroachment shall be coordinated with the conditional use permit process. B. Only theThe owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from for adjacent commercial property, except that commercial outdoor dining encroachment permits authorized under Section 12.16.090 may be issued to a lessee, with written approval from the owner of record. who shall not delegate or assign that responsibility. C. Use of the public right-of-way for commercial uses shall be subject to the conditions set forth in this Section as well as any additional guidelines, regulations or directives as adopted by the City Manager or designee. Section 12.16.090(A). 12.16.070 Findings necessary to grant an encroachment. The director of public works, inIn granting approval of an encroachment permit application the City shall make a finding that the plans and application meet the guidelines and conditions of approval as set forth in Section 12.16.080in this Chapter, any additional regulations promulgated by the City and the granting of such encroachment will not adversel y affect the general plan of the city nor be injurious or negatively impact the health and wellbeing of the public . Approval of encroachments which deviate from these established criteria can only be granted with city council approval in an appeal process upon a showing of good cause.. 12.16.080 Requirements and conditions of approval. Permitted encroachments shall comply with the following minimum requirements and conditions. The City Manager or designee may determine that additional or more strenuous requirements are required.: A. General (Applicable to All Encroachments). 1. All construction shall conform to the requirements of the Uniform Building Code, the Municipal Code, and the Department of Public Works Standards and Policies. 2. Landscaping encroachments for residential encroachments within the public right-of-way shall not exceed the building height limitation of the zone in which it is planted. 3. In the case of an encroachment occupying the public right-of-way enclosed by the extension of the two side property lines between the front property line and the existing or future sidewalk, a 315 minimum of one-third of the encroachment area shall be landscaped in accordance with a landscape plan to be approved by the public works departmentCity Manager or designee in conjunction with the encroachment permit application. 4. Height of any encroachment shall be measured from the natural grade unless otherwise specifically approved by the director of public works by virtue of unusual topography or other extraordinary physical circumstances. 5. Encroachments shall not obstruct access to undergrou nd utilities nor significantly impair scenic vistas from neighboring properties or the public right-of-way. 6. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required open space or any conditions of building or zoning that are normally provided on -site, except for providing required residential guest parking, pursuant to Sections 17.44.090(C) and 17.44.110(B) of the Zoning Ordinance, and for providing required parking approved by a parking plan granted pursuant to Section 17.44.210 of the Zoning Ordinance. 6.7. Encroachments that comply with the provisions of this Chapter shall be exempt from compliance with the off street parking requirements of this Code unless otherwise noted. 7.8. An encroachment shall not provide structural support for any structure located on private property. B. Pedestrian walk street (applicable only to those streets): 1. Fences shall not exceed a maximum height of forty-two (42) inches. 2. Fences are allowed at a height of forty-two (42) inches maximum on top of retaining walls of masonry, block, brick or concrete. The fence height is measured from the natural grade. A retaining wall on public right-of-way shall not support any structure on private property. 3. Decks may be permitted to a maximum height of twelve (12) inches height above the existing natural grade and if they do not project into the public right-of-way more than half the distance between the property line and edge of existing or future sidewalk. Deck railings are permitted provided that they are of open construction and that deck and railing do not exceed a maximum height of forty-two (42) inches. C. Vehicular Street (Applicable Only to Those Streets). 1. Fences shall not exceed a maximum height of forty-two (42) inches. 2. Encroachments shall not be placed over an existing or planned sidewalk. 3. Encroachment permits for new curb cuts for ingress/egress on Pier Avenue between Valley Drive and Hermosa Avenue shall not be granted. 12.16.090 Commercial outdoor dining. Use of the public right-of-way for commercial outdoor dining may be permitted subject to issuance of an encroachment permit in compliance with this chapter, and subject to the following conditions: A. Every encroachment permit for commercial outdoor dining shall ensure the following: 316 1. Provides for and maintains an area of passage for pedestrian traffic; 2. Does not inconvenience pedestrian traffic; 3. Conforms to all applicable health codes and this Code; 4. Applicant is to pay all appropriate fees, including but not limited to rental fees as set by the City Council; 5. Applicant is to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of no less one million dollars ($1,000,000) unless a higher amount is determined to be appropriate in the sole discretion of the City Manager or designee ; andApplicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least two million dollars ($2,000,000) covering the applicant’s operation unless a higher amount is determined to be appropriate in the sole discretion of the City Manager or designee. Such insurance shall name, on a Special Endorsement form, the City, its elected, appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. Both the Certificate of Insurance and the completed standard Special Endorsement form shall be submitted with the completed application for an Commercial Encroachment Permit. 6. Applicant is to pay restorative costs, if applicable, in an amount to be determined by the director of public worksCity Manager or designee, plus administrative costs. B. Pier Plaza Commercial Encroachments. Encroachment for commercial outdoor dining activity on Pier Plaza shall comply with Section 12.16.060 and the following minimum design and operational standards and any additional standards as adopted by the City Council and/or the City Manager or designee. adopted by resolution of the city council. Deviations from the standards set forth in this section may be allowed pursuant to an appeal to the City Council following a determination by the City Manager or designee. conditional use permit granted in compliance with Chapter 17.40. 1. Limited outdoor dining in compliance with this sectionPier Plaza Commercial Encroachments shall be exempt from compliance with off-street parking standards in Chapter 17.44 if it meets the following standards: a. The encroachment area does not exceed two hundred (200)one thousand (1,000) square feet. In no event shall any encroachment area, regardless of square footage extend more than twenty - five (25) feet into Pier Plaza. ; b. Use of the encroachment area is limited to the hours of operation of the adjacent commercial establishment. food dining establishment. However, in no event shall any encroachment area operate past 12:00 a.m.establishment, not to exceed 7:00 a.m. to 10:00 p.m.; and However, if in the sole discretion of the City Manager or designee, an earlier closing time is warranted then the City Manage or designee may condition an encroachment permit on an earlier closing time. c. Alcoholic beverages aremay only not be offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area . 317 Any other limitation on the business involving the sale or consumption of alcohol shall also apply in the encroachment area. If, in the sole discretion of the Police Chief, the encroachment area has demonstrated a repeated pattern of behavior involving the service or consumption of alcohol that violates this Chapter or any other City permit or provision of law, t hen the City may prohibit the service of alcoholic beverages within the encroachment area. d. The encroachment area does not extend past the frontage of the business for which it is connected to. e. In no event shall any canopy, shade structure or any other similar improvement extend more than thirteen (13) feet into Pier Plaza. Further, all improvements, fences, railings, gates, tables, chairs, umbrellas, furniture or any other items or structures shall be designed and used in a way that protects all ocean views from the public right-of-way. The temporary use of umbrellas is permitted provided that they are only utilized while customers are actively using the specific umbrella(s) in the encroachment area. The City Manager of designee shall retain the complete discretion to direct any permitee to curtail the use of any umbrellas, furniture or other items or structures to protect the public view of the ocean. f. There are no outstanding code enforcement violationsMunicipal Code violations or violations of any other City-issued permit. In reviewing renewal applications the City Manager of designee must determine that there are unresolved violation of this Chapter (and any related regulations) related to the Pier Plaza Commercial Encroachment. If, in the preceding twelve (12) months, there were three (3) violations of this Chapter or related Regulations as determined by the City Manager or designee, then the City Manager shall not issue a Pier Plaza Commercial Encroachment for a period of one (1) year. g. The encroachment area shall be managed, operated, and maintained as an integral part of the adjacent dining establishment. h. Any improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial Encroachment shall be installed in such a way that, upon forty (48) hours’ notice from the City, can be entirely removed and the area be returned to its previous state without any Pier Plaza Commercial Encroachments. In the event of written not ice from the City, any Pier Plaza Commercial Encroachment holder shall remove or cause to be removed any and all improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial Encroachment to the satisfaction of the City Manager within thirty-six (36) hours notice. No rental fee shall be charged for the time the City requires removal of the improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial provided that the business is not using the encroachment area for commercial purposes.Encroachment. c.i. The encroachment are shall be designed and operated in compliance with any regulations adopted by resolution of the City Council and any further regulations promulgated by the City Manager or designee in furtherance of City Council direction. 2. Pier Plaza Commercial Encroachments issued prior to the effective date of this ordinance(INSERT EFFECTIVE DATE OF THIS ORDINANCE) shall be valid for a period not exceeding one (1) yearfour (4) months from the date of adoption date of this ordinance.issuance. After this date, any expiration, any new Pier Plaza Commercial Encroachments shall be issued under this Chapter. 318 C. Commercial Zoning DistrictsEncroachments, Excluding Pier PlazaDining Decks and Specific Plan Area No. 11 (Upper Pier Avenue). Commercial Encroachments for commercial outdoor dining onactivity on sidewalks or in public parking areas or vehicular streets are only permitted within commercial zoning districits (exlcuing Pier Plaza) and Specific Plan Area No. 11 (Upper Pier Avenue) and shall comply with Section 12.16.060, the following minimum standards and any additional standards as adopted by the City Council and/or the City Manager or designee. Deviations from the standards set forth in this section may be allowed pursuant to an appeal to the City Council following a determination by the City Manager or designee. within commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier Avenue), shall comply with Section 12.16.060this Chapter and if in compliance with the following design and operational standards and limitation limitations, be exempt from the off-street parking standards in Chapter 17.44.s: 1. Outdoor dining site located in public parking areas shall only occupy a maximum of two parallel on- street parking spaces or three, on-street, head-in parking spaces. Notwithstanding the previous sentence, for commercial encroachments located entirely in front of the encroaching business’ frontage (i.e., no permission for use is required from a neighboring property owner or business), a business may occupy a maximum three parallel on-street parking spaces or four head-in on-street parking spaces. Encroachments shall only be permitted adjacent to streets with a speed limit of 25 miles per hour or less. The outdoor diningcommercial encroachment area shall be managed, operated, and maintained as an integral part of the adjacent food establishmentcommercial establishment. Food establishments include restaurants, snack shops, food and beverage markets, supermarkets, bakeries, delicatessens, or similar establishments that offer food or beverages, as determined by the director of public works in consultation with the community development department. Food establishment does not include temporary, mobile or freestanding food service providers or vendors. 1. 2. Use of the encroachment area is limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 11:00 p.m. However, if in the sole discretion of the City Manager or designee, an earlier closing time is warranted then the City Manage or designee may condition an encroachment permit on an earlier closing time. 3. Alcoholic beverages may only be offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area . Any other limitation on the business involving the sale or consumption of alcohol shall also apply in the encroachment area. If, in the sole discretion of the Police Chief, the encroachment area has demonstrated a repeated pattern of behavior involving the service or consumption of alcohol that violates this Chapter or any other City permit or provision of law, then the City may prohibit the service of alcoholic beverages within the encroachment area. 4. The encroachment area does not extend past the frontage of the business for which it is connected to. 5. All improvements, fences, railings, gates, tables, chairs, umbrellas, furniture or any other items or structures shall be designed and used in a way that protects all ocean views from the public right-of- way. The temporary use of umbrellas is permitted provided that they are only utilized while customers are actively using the specific umbrella(s) in the encroachment area. The City Manager o r 319 designee shall retain the complete discretion to direct any permitee to curtail the use of any umbrellas, furniture or other items or structures to protect the public view of the ocean. 6. There are no outstanding Municipal Code violations or violations of any other City-issued permit. In reviewing renewal applications the City Manager of designee must determine that there are unresolved violation of this Chapter (and any related regulations) related to the Commercial Encroachment. If, in the preceding twelve (12) months, there were three (3) violations of this Chapter or related Regulations as determined by the City Manager or designee, then the City Manager shall not issue a Commercial Encroachment for a period of one (1) year. 7. The encroachment area shall be managed, operated, and maintained as an integral part of the adjacent dining establishment. 8. All furnishings, decks and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility of vehicles, pedestrians or cyclists, such as animals tied to signs or utility poles, bicycles, etc. 9. Any improvements, fences, railings, gates, tables, chair or other equipment related to the Commercial Encroachment shall be installed in such a way that, within seven (7) days’ notice from the City, can be entirely removed and the area be returned to its previous state without any Commercial Encroachments. In the event of written notice from the City, any Commercial Encroachment holder shall remove or cause to be removed any and all improvements, fences, railings, gates, tables, chair or other equipment related to the Commercial Encroachment to the satisfaction of the City Manager within thirty-six (36) hours. No rental fee shall be charged for the time the City requires removal of the improvements, fences, railings, gates, tables, chair or other equipment related to the Commercial Encroachment provided that the business is not using the encroachment area for commercial purposes. 10. The encroachment are shall be designed and operated in compliance with any regulations adopted by resolution of the City Council and any further regulations promulgated by the City Manager or designee in furtherance of City Council direction. 2. The encroachment area shall be located adjacent to the building, and shall not be located within or separated from the establishment by landscaping, street furniture, parking spaces, drive aisles, alleys or streets, or other elements as determined by the City Manager or designee. Encroachment areas along any street frontage shall be located at least ten (10) feet from any residential zone. 11. Outdoor dining site located in public parking areas shall only occupy a maximum of two parallel on- street parking spaces or three, on-street, head-in parking spaces. Notwithstanding the previous sentence, for commercial encroachments located entirely in front of the encroaching business’ frontage (i.e., no permission for use is required from a neighboring property owner or business), a business may occupy a maximum three parallel on-street parking spaces or four head-in on-street parking spaces. 320 D. Commercial Encroachments, Non Pier Plaza and Non Dining Decks. Commercial Encroachments for commercial outdoor dining on sidewalks or other public rights-of-way that are not public parking spaces or vehicular streets and not in Pier Plaza shall comply with Section 12.16.060 and the following minimum standards and any additional standards as adopted by the City Council and/or the City Manager or designee. Deviations from the standards set forth in this section may be allowed pursuant to an appeal to the City Council following a determination by the City Manager or designee. 1. The encroachment area shall not exceed one thousand (1,000) square feet. 2. Use of the encroachment area is limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 11:00 p.m. However, if in the sole discretion of the City Manager or designee, an earlier closing time is warranted then the City Manage or designee may condition an encroachment permit on an earlier closing time. 3. Alcoholic beverages may only be offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area. Any other limitation on the business involving the sale or consumption of alcohol shall also apply in the encroachment area. If, in the sole discretion of the Police Chief, the encroachment area has demonstrated a repeated pattern of behavior involving the service or consumption of alcohol that violates this Chapter or any other City permit or provision of law, then the City may prohibit the service of alcoholic beverages within the encroachment area. 4. The encroachment area does not extend past the frontage of the business for which it is connected to. 5. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed appropriate by the City Manager or designee for pedestrian circulation outside of the encroachment area shall be maintained at all times. As used herein, "pedestrian path" means a continuous obstruction -free sidewalk area between the outside boundary of the encroachment area and any obstructions, s uch as street trees or planters, utility poles, street furniture, newsstands, bus benches, or curbs . 6. All improvements, tables, chairs, umbrellas, furniture or any other items or structures shall be designed and used in a way that protects all ocean views from the public right-of-way. The temporary use of umbrellas is permitted provided that they are only utilized while customers are actively using the specific umbrella(s) in the encroachment area. The City Manager of designee shall retain the complete discr etion to direct any permitee to curtail the use of any umbrellas, furniture or other items or structures to protect the public view of the ocean. 7. There are no outstanding Municipal Code violations or violations of any other City-issued permit. In reviewing renewal applications the City Manager of designee must determine that there are unresolved violation of this Chapter (and any related regulations) related to the Commercial Encroachment. If, in the preceding twelve (12) months, there were three (3) violations of this Chapter or related Regulations as determined by the City Manager or designee, then the City Manager shall not issue a Commercial Encroachment for a period of one (1) year. 8. The encroachment area shall be managed, operated, and maintained as an integral part of the adjacent dining establishment. 9. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place 321 anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility of vehicles, pedestrians or cyclists, such as animals tied to signs or utility poles, bicycles, etc. 10. Any improvements, tables, chairs or other equipment related to the Commercial Encroachment shall be installed in such a way that, within seven (7) days’ notice from the City, can be entirely removed and the area be returned to its previous state without any Commercial Encroachments. In the event of written notice from the City, any Commercial Encroachment holder shall remove or cause to be removed any and all improvements, fences, railings, gates, tables, chair or other equipment related to the Commercial Encroachment to the satisfaction of the City Manager. No rental fee shall be charged for the time the City requires removal of the improvements, fences, railings, gates, tables, chair or other equipment related to the Commercial Encroachment provided that the business is not using the encroachment area for commercial purposes. 11. The encroachment are shall be designed and operated in compliance with any regulations adopted by resolution of the City Council and any further regulations promulgated by the City Manag er or designee in furtherance of City Council direction. 12. Commercial Encroachments issued for the public right-of-way that are not public parking spaces or vehicular streets and not in Pier Plaza prior to (INSERT EFFECTIVE DATE OF THIS ORDINANCE) shall be valid for a period not exceeding three (3) months from the effective date of this ordinance. After this date, any Commercial Encroachments shall be issued under this Chapter. The encroachment area when located on sidewalks shall not exceed two hundred (200) square feet, shall not exceed five (5) feet in depth, and shall not occupy more than thirty (30) percent of the sidewalk width excluding curb. On pedestrian walk streets the encroachment area is not subject to the depth or width limitations but shall not exceed two hundred (200) square feet. 1. Outdoor dining in compliance with this section shall be exempt from compliance with off -street parking standards in Chapter 17.44. 2. Use of the encroachment area shall be limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 110:00 p.m. 3. The encroachment area is limited to sit-down food and beverage consumption for seated customers only. Servingware used in the encroachment area shall be resistant to shattering or breaking into fragments (no glass, ceramic or similar materials). 4. Alcoholic beverages shall not be offered, sold or consumed within the encroachment are a.Alcoholic beverages are only offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area 5. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed appropriate by the director of public worksCity Manager or designee for pedestrian circulation outside of the encroachment area shall be maintained at all times. As used herein, "pedestrian path" means a continuous obstruction-free sidewalk area between the outside boundary of the encroachment area and any obstructions, such as street trees or planters, utility poles, street furniture, newsstands, bus benches, or curbs. 322 6. The layout of the encroachment area shall not impede ingress or egress, and shall be fully accessible to the physically disabled, as required by the California Building Code, Title 24, Disabled Access Standards, any other requirements of law, and the city fire marshal. 7. Barriers shall conform to the Public Works Director's installation standards and be removable. Barriers need not be removed each evening, but shall be capable of being removed; if imbedded into the pavement they must be fixed through the use of recessed sleeves and posts, or otherwise by wheels that can be locked into place or weighted in place. Barriers cannot be exposed and must be covered on all sides with a durable exterior material to the satisfaction of the City. No off - premises signs or banners of any kind shall be placed, displayed or erected on barriers or anywhere else in the outdoor dining area. around the encroachment area shall not be provided unless required by the director of public works for public safety, such as protection from vehicles or in cases of surface or grade changes. Unless otherwise specified, required barriers need not be removed each evening, but shall be capable of being removed. If embedded into the pavement, barriers must be fixed through the use of recessed sleeves and posts, or by w heels that can be locked into place or weighted in place. Required barriers shall conform to requirements for the sight-impaired and shall be properly maintained. The height of any barrier shall not exceed three (3) feet, six (6) inches. All barriers must be able to withstand inclement outdoor weather, and one hundred (100) pounds per lineal foot of horizontal force at the top of the barricade when in their fixed positions. 8. The elevation of the encroachment area shall not be altered (e.g., no platforms or r ecesses). No modification to the surface of the right-of-way, such as resurfacing, texturing or borings for recessed sleeves, shall be made unless approved by the director of public works. 9. Furnishings shall be limited to sturdy chairs, benches and tables, and umbrellas sheltering tables. Furnishings shall be designed for outdoor use. No portion of an awning or umbrella No portable canopies (i.e., EZ Ups or other similar devices) are permitted in the outdoor dining area. Shade canopies must be structurally affixed to the dining deck and fully retractable. The City, in its sole and complete discretion, reserves the right to determine whether or not a shade canopy complies with this requirementshall be less than eight (8) feet above the sidewalk or extend outside the encroachment area. Awnings may extend up to four (4) feet from the building front or cover up to fifty (50) percent of the sidewalk width, whichever is less. A building permit shall be obtained prior to installation of an awning. No other objects, including but not limited to host/hostess podiums, bars or bar-height tables, light stands, signs, menu boards, service items or grills, are allowed. Furnishings shall not display prominent logos or advertising. All furnishings shall be mainta ined in good condition at all times. 10. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility, such as animals tied to signs or utility poles, bicycles, etc . 11. Approved furnishings and objects shall be removed from the encroachment area daily prior to close of business, but no later than 10:30 p.m., unless such furnishings are required to be bolted to the pavement or are approved to remain by the director of public works. 323 12. No entertainment, music, audio speakers, televisions or visual media of any type, whether amplified or unamplified, shall be located within the encroachment area. 13. The encroachment area, including surfacing, shall be maintained in a neat and clean manner, free of litter, food scraps, soiled dishes, and graffiti, at all times. The business shall actively monitor the area and promptly remove food serviceware, food scraps, litter and other trash. Trash receptacles shall be supplied in an easily accessible location on the subject property. Surfacing in and around the encroachment area shall be cleaned during the business day as needed and at the end of each business day. Cleaning and the use of water for cleaning the encroachment area shall comply with good housekeeping best management practices approved by the director of public works in accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm drains or street. The director of publicpublicity Manager or designee works may issue the encroachment permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. 14. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments. 15. The final location and configuration of the encroachment area shall be subject to approval by the director of public worksCity Manager or designee, after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. The City Manager or designee =director may attach conditions to mitigate public health, safety and convenience impacts unique to the specific location. The encroachment permit shall be valid for one (1) year and may be annually renewed. 16. Deviations from the standards set in this section may be allowed pursuant to a conditional use permit, granted in compliance with Chapter 17.40. 17. Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for commercial outdoor dining on sidewalks within the boundaries of the Specific Plan Area No. 11 zoning district (Upper Pier Avenue) are prohibited. 12.16.100 Commercial encroachments–Retail display areas. Use of the Pier Plaza and other public rights-of-way for commercial outdoor retail display areas may be permitted subject to issuance of an encroachment permit in compliance with this chapter, and subject to the following conditions: A. General Provisions. Every encroachment permit for commercial outdoor retail display areas shall ensure the following: 1. Provides for and maintains an area for passage of pedestrian traffic; 2. Does not inconvenience pedestrian traffic; 3. Conforms to all applicable health codes and this Code; 4. Applicant to pay all appropriate fees, including but not limited to rental fees; 324 5. Applicant to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of one million dollars ($1,000,000.00)Applicant is to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of no less one million dollars ($1,000,000) unless a higher amount is determined to be appropriate in the; and 6. Applicant to pay restorative costs, if applicable, in an amount to be determined by the director of public works, plus administrative costs. B. Retail Uses. The encroachment area shall be managed, operated, and maintained as an integral part of the adjacent retail establishment. 1. For purposes of this section, retail establishment generally means a commercial establishment that sells or offers a product available on site in the adjacent retail establishment. The following types of businesses are not eligible for encroachment permits: a. Businesses such as grocery, convenience, drug, and liquor stores, tobacco/smoke shops, secondhand stores, or adult businesses as defined in Section 17.04.060. b. Businesses where retail sales are secondary to the primary service function, such as beauty salons, personal services, or repair businesses, are not eligible for encroachment permits. c. Third party vendors, concessions, seasonal or other promoters, solicitors, or any other business, product or service promoted or offered by any entity or party other than the business owner to whom the encroachment permit was issued are not permitted within the encroachment area. 2. In addition, the following items or types of activities are not permitted within the encroachment area: a. Food or beverages of any type, whether pre-packaged or not. b. Alcoholic beverages or tobacco or smoking products or paraphernalia of any type. c. Hazardous or controlled substances or goods, or goods or services that cannot be sold to minors with or without parental permission. d. Adult paraphernalia of any kind. e. Display of information or signs about a product or service is not allowed; rather, products available for sale at the business may be displayed. f. Products or services shall not be demonstrated within the encroachment area. g. Rental or sale of any used merchandise. C. Design and Operational Standards and Limitations. Commercial eEncroachments for commercial outdoor retail display areas shall comply with Section 12.16.060this Chapter and the following design and operational standards and limitations. Deviations from the standards set forth in this section may be allowed pursuant to an appeal to the City Council following a determination by the City Manager or designee. : 325 1. Commercial Eencroachment areas shall be available for and located adjacent to ground floor retail businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in depth. The encroachment area on Loreto Plaza shall not exceed five (5) feet in depth. The encroachment area shall not exceed the width of the tenant space frontage. The encroachment area for any tenant space fronting Pier Plaza is restricted to the Pier Plaza frontage only. 2. Barriers around encroachment areas on Pier Plaza with a maximum height of forty-two (42) inches shall be provided; provided, that barriers shall not be installed or allowed on Loreto Plaza. Each perimeter barrier shall use the same design and materials on all sides. Barriers shall be attractive with a quality appearance, made of new materials such as wood and wrought iron. Barriers shall be of a permeable design that allows for visibility of merchandise through the barrier. Chain -link fencing or other low quality materials are not permitted. The elevation of the encroachment area shall not be altered. No modification to the surface of the right-of-way, such as resurfacing, texturing or borings, shall be made. 3. Awnings may extend over the entire depth (maximum thirteen (13) feet on Pier Plaza and five (5) feet on Loreto Plaza) and width of the encroachment area. Awnings must be retracted to cover not more than fifty (50) percent of the encroachment area depth when the business is closed or the encroachment area is not in use. No portion of an awning shall be less than eight (8) feet above the paved surface. A building permit must be obtained prior to installation of an awning. Awnings shall not provide signage and shall be maintained in good repair at all times. 4. Use of the encroachment area shall be limited to the hours of operation of the adjacent retail establishment, not to exceed 7:00 a.m. to 11:00 p.m. 5. Outdoor retail displays/furnishings placed within the commercial encroachment area shall be designed and limited as follows: a. Tables or racks to display goods offered for sale may be placed in the encroachment area. Other furnishings such as umbrellas, shade canopies, light stands, planters or signs are not allowed. All furnishings within each individual encroachment area shall be of uniform design and materials. All furnishings shall be of sturdy construction and maintained in good condition at all times. Plastic merchandise display furnishings are not permitted unless of quality non - plastic appearance. b. Tables, racks or display furnishings, and merchandise, shall not exceed five (5) feet in height; provided, that six (6) new suriboards not to exceed seven (7) feet in height may be displayed vertically in a rack positioned against the exterior wall. Racks or shelf units individually or placed end-to-end or in any configuration shall not exceed six (6) feet in length. c. Merchandise/displays shall be contained and adequately secured so that they do not become windborne, create litter or breakage, spill, drip, or create any health or safety impact. d. All merchandise within the encroachment area, including any attached to the building, must be removed daily when the business is closed. e. ATM machines, food service units, vending machines, podiums or stands from which to conduct sales, and similar furnishings are not permitted within the encroachment area. 326 f. No entertainment, music, audio speakers, televisions, or visual media of any type, whether amplified or unamplified, shall be located within the encroachment area. 6. The layout of the encroachment area shall not impede ingre ss or egress, and shall be fully accessible to the physically disabled, as required by the California Building Code, Title 24, Disabled Access Standards, any other requirements of law, and the city fire chief. 7. A clear, continuous pedestrian path not less than five (5) feet in width, or more as deemed appropriate by the director of public works for pedestrian circulation outside of the encroachment area, shall be maintained at all times. As used herein, pedestrian path means a continuous obstruction -free sidewalk area between the outside boundary of the encroachment and any obstructions, including but not limited to street trees or planters, utility poles and street furniture. 8. All outdoor retail displays and allowed objects shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility. 9. The encroachment area shall be maintained in a neat and clean manner, free of litter and graffiti, at all times. The business shall actively monitor the area and promptly remove litter and other trash. 10. Surfaces in and around the encroachment area shall be swept during the business day as needed and at the end of each business day. Cleaning shall comply with good housekeeping best management practices approved by the director of public works in accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm drains, or street. 11. The director of public worksCity Manager or designee may issue the encroachment permit only after determining that the request complies with the standards and provisions of this section, any other requirements applicable to the use set forth in the Municipal Code, and as follows: a. Information on the proposed retail uses and conduct of the use, the types of products to be displayed within the encroachment area, a dimensioned floor plan that clearly designates where each merchandise display will be located, and the design of barriers, awning and types of furnishings within the encroachment area shall be submitted with the encroachment permit application. Changes to the retail use, floor plan, furnishings, barriers and awnings must be submitted and approved in advance. Deviation from th e approved plan may result in revocation of the encroachment permit. b. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments. c. The type of retail uses that are allowed within the encroachment areas, the final location and configuration of the encroachment area, and the barriers, awnings and display furnishings within the encroachment area shall be subject to approval by the director of public works, after obtaining written concurrence of the co mmunity development department, and determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. The director of public works may attach conditions to ensure the use and its design conform to these 327 standards and mitigate public health, safety, access and convenience impacts unique to the specific location. d. An encroachment permit granted pursuant to this section shall preclude issuance of any additional encroachment permit pursuant to Section 12.16.090. e. The encroachment permit shall be valid for one (1) year and may be annually renewed. f. The encroachment permit is issued to the business owner, does not create a vested right, and shall be revocable by the city at any time without a showing of cause or prior notice by the city. Upon a finding of noncompliance with any condition of granting an encroachment permit, or upon revocation of an encroachment permit, the encroachment permit shall not be renewed and a new encroachment permit shall not be granted for a period of one (1) year. g. Upon termination of the encroachment permit, the permittee shall remove the barrier, return the pavement to its original condition, and remove all personal property and furnishings from the right-of-way. 12. Deviations from the standards set forth in this section may be allowed pursuant to a conditional use permit granted in compliance with Chapter 17.40. 12.16.110 Application procedure. A. Filing. An application for an encroachment into a planned or existing public right-of-way shall be filed by the owner of the property, or when provided, the business owner with written approval from the property owne, forowner, for which the encroachment is sought or by an authorized representative of the owner. Such application shall be made to the director of public worksthe City Manager or designee and shall be on forms furnished by the department of public works. B. Filing Fee. A uniform fee, established by council under separate resolution, shall be required upon the filing and investigation of the application for encroachment or transfer of an encroachment permit to defray administrative costs incurred by the city in processing the application. Such fee shall be nonrefundable and shall include the costs of recordation of the encroachment, if granted. C. Investigation. An investigation shall be conducted by all departments of the city having an interest in, or jurisdiction over, the matter. Upon the receipt of an application pursuant to the provisions of this chapter, the director of public worksCity Manager or designee shall transmit the application to all affected departments for written reports of findings and recommendations. All such written reports shall be submitted to the director of public worksCity Manager or designee for consideration when making a decision on the application. D. Director of Public Works Findings and Decision. The director of public worksCity Manager or designee shall make a written decision. Such decision shall recite the findings upon which the director bases his decision is based. If the decision is favorable to the granting of the encroachment, it shall set forth the conditions to be imposed. The conditions set forth in Sections 12.16.080 through 12.16.100this Chapter and any operational or design standards adopted via resolution y the City Council and/or City Manger or designee shall automatically apply to every permit unless otherwise noted.be attached to every permit approval. 328 E. Appeal. The Any decision of the director of public worksCity Manager or designee made pursuant to this Chapter, including a decision to revoke an encroachment permit, shall be final ten (10) days after mailing a copy of his decision to the applicant. Within said ten (10) day period, the applica nt may appeal the decision of the director of public worksCity Manager or designee to the City Ccouncil to review. ; a denial of the application or any conditions attached to an approval other than those set forth in Section 12.16.080. Upon consideration of such appeal, the council may approve, modify, or disapprove the application for encroachment. The council may add, delete or modify the conditions attached to the encroachment permit. The action of the council shall be final. F. Time Limit for Development. Any encroachment granted pursuant to the provisions of this chapter shall be developed and utilized within a period not to exceed six (6) months from and after the date of the granting of such encroachment, and, if not so developed and utilized, such encroachment automatically shall become null and void at the expiration of such six (6) month period. G. Extension of Time. The permittee may apply in writing for one extension of time, not to exceed six (6) months, within which to develop and use such encroachment. The director of public works, after due consideration, shall either grant or deny the extension of time for such development and use. H. Renewal. Encroachment permits shall be for a period not to exceed one (1) year and must be renewed annually. An application for renewal shall require the same findings as an original application except as otherwise noted and shall be submitted no later than sixty (60) days prior to the expiration of any existing encroachment permit. An encroachment permit is not a substitute for a building permit or a construction permit when either is otherwise required by this Code . 12.16.120 Maintenance of encroachment. It shall be the responsibility of the adjacent property owner to maintain the encroachment in a condition satisfactory to the Ccity. 12.16.130 Nonconformance of encroachment. No building permit shall be issued for construction of a new residential dwelling structure or addition thereto, exceeding four hundred (400) square feet in floor area, or for the remodel of an existing residential dwelling structure valued at more than fifty (50) percent of the replacement cost of the existing structure , until the adjacent city right-of-way is determined to be in accordance with city standards. Encroachments in existence on May 15, 1996, which do not conform to the standards set forth in Section 12.16.080 may remain as they exist as of May 15, 1996, whether or not a valid encroachment permit is obtained from the city as long as the encroachment is not expanded, increased or intensified, until the earlier of either of the following events: 1. The city revokes the encroachment permit or requires removal of the encroachment for any reason, including construction of public improvements, which requires access to the encroachment area; 2. The primary structure on the property benefiting from the encroa chment is remodeled or reconstructed at a cost which exceeds fifty (50) percent of the replacement cost of the existing structure. 329 In either of the above events, the encroachment shall be removed and any replacement encroachment shall be subject to receipt of an encroachment permit and shall conform to the requirements of Section 12.16.080this Chapter. 12.16.150 Revocation. The director of public worksCity Manager or the council may revoke any encroachment permit for noncompliance with the conditions set forth in granting such encroachment or if it is determined that such permit is not in the public interest. A written notice shall be mailed to the permittee of such revocation. Within ten days of mailing of such notice of revocation to the permittee, a written appeal of such action may be filed. Any such appeal shall be reviewed by the council, and its determination of the matter shall be final. The encroachment permit does not create a vested right of any kind, and shall be revocable by the City Manager or City Council at any time without a showing of cause upon forty -eight (48) hours’ notice. A written notice shall be mailed to the permittee of such revocation. Within ten days of mailing of such notice of revocation to the permittee, a written appeal of such action may be filed. Any such appeal shall be reviewed by the council, and its determination of the matter shall be final . Upon revocation of an encroachment permit for violation(s) of this Chapter, the encroachment permit shall not be renewed and a new encroachment permit shall not be granted for a period of one (1) year for the at-issue property and the applicant . An encroachment permit shall expire and be of no further force and effect upon the removal of the primary building on the property. 12.16.160 Encroachment violation. It is unlawful for any person to construct or maintain, or cause to be constructed or maintained, any encroachment in violation of the provisions of this chapter. 12.16.170 Violation–Misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not e xceeding five hundred dollars ($500.00) or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. 12.16.180 Violations of encroachment regulations–Additional remedies. As an additional remedy, the construction or maintenance of any encroachment in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. In addition, violations of the provisions of this chapter are subject to the administrative penalty provisi ons of Chapter 1.10. 12.16.190 Fees. All fees applicable pursuant to this chapter shall be set by resolution of the city council. 330 Exhibit B 331 OUTDOOR DINING PROGRAM Supplemental Environmental Analysis In addition to identifying the project’s exemption status under CEQA, City Staff and consultants reviewed the proposed project’s potential to result in adverse environmental effects, guided by the topics of the Initial Study checklist derived from Appendix G of the CEQA Guidelines. The Initial Study checklist is used by the City to determine the potential for environmental effects and the possible need for an Environmental Impact Report or other forms of CEQA documentation. A. Direct physical Impacts Impacts of proposed projects are of two types – construction related impacts and operational (post-construction) impacts. Most construction-related impacts are avoided if the project results in no, or minimal, subsurface disturbance of soils, grading or excavation, as is the case with the proposed Outdoor Dining Program. Because the project will not result in substantial subsurface disturbance, it will not significantly affect any of the following natural or cultural resources considered under CEQA: ▪Geology & Soils ▪Biological Resources ▪Hydrology & Water Quality ▪Wildlife ▪Agriculture & Forestry ▪Cultural Resources (including Historical & Paleontological Resources) ▪Tribal Resources ▪Mineral Resources None of these resources will be impacted by the project as a result of either construction-related or operational impacts. B. Impacts to Services, Facilities, Utilities and Housing A small group of potential impacts addressed under CEQA relate to adverse effects on public services (police and fire), utilities (water, waste water, storm drain), public facilities (parks, schools, libraries) and housing. Impacts to these resources result when a project introduces a substantial number of new residents into the local population, or a substantial number of additional employees, or otherwise create s an increased demand for these services. Although the outdoor dining project has the potential to result in a minor increase in seating capacity at local restaurants, a potential incremental increase in patronage will not substantially increase the demand for services, or in the capacity of public utilities or facilities, or result in a substantial increase in housing demand. Nor will the project directly impact public facilities or utilities physically, either during construction or as an effect of their long-term operation. Avoidance of any physical impact is assured through the project’s provision that the use does not obstruct access to public utilities 332 and infrastructure for emergency or maintenance purposes (See Project Characteristics). C. Conflicts with Land Use Plans, Policies and Regulations Impact assessment under CEQA considers a project’s potential conflict with any land use plan, policy or regulation adopted for the purpose of avoiding an environmental effect. The proposed project poses no such conflict and thus avoids this category of potential impact. D. Transportation and Traffic The evaluation of potential impacts related to transportation (including traffic) under CEQA is limited to four topics: (1)Will the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The lane configuration component of the project propose s to modify lanes in specific road segments. Rather than conflict with programs, plans, ordinances or policies addressing the circulation system, the project implements policies of Goal 3 of PLAN Hermosa’s Mobility Element, including Policy 3.1 Enhance public right -of-ways, Policy 3.6 Complete bicycle network, Policy 3.8 Encourage shared streets, and Policy 3.10 Require ADA standards. Consistent with its goal to improve safety for multimodal traffic, the project will result in the addition of approximately 7,000 linear feet of new Class II bike lanes available for electric and conventional bicycles and other wheeled devices, and new on-street ADA accessible parking spaces with associated signage and pavement markings. (2)Will the project result in a significant increase in vehicle miles travelled? Based on screening thresholds recommended by the Governor’s Office of Pla nning and Research1, a project that consists of less than 50,000 square feet of retail use (including retail restaurants) will not have a significant impact related to vehicle miles travelled (VMT) and is too small to warrant a technical analysis of VMT impacts. The proposed project has a maximum square footage of 9,500 square feet, well below the recommended screening threshold. (3)Will the project substantially increase hazards due to a geometric design feature? The proposed lane reconfigurations are identical to those that have been put in place under the temporary outdoor dining program. They were designed by the City’s traffic engineer to avoid the creation of any hazardous conditions. 1 Governor’s Office of Planning and Research (OPR), 2018, Technical Advisory on Evaluating Transportation Impacts in CEQA. https://opr.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf 333 (4) Will the project result in inadequate emergency access? The City’s traffic engineer has determined that the proposed lane reconfigurations with their reduction in vehicular travel lanes will not result in inadequate emergency access at any of the proposed locations, or along any designated emergency route. Traffic Issues Raised by the Public In addition to the questions posed by CEQA, the supplemental environmental analysis addressed comments received from the public. In correspondence received by City Staff in June 2022, a Hermosa Beach resident, speaking of the temporary outdoor dining program, asserted that “the Pier Avenue Lane Reduction Project has shifted more and more commercial and commuter traffic into residential neighborhoods and turned 27th street into a defacto truck-route serving the plaza area businesses.” To respond to this concern, City Staff and consultants performed a technical analysis focused on the question of traffic diverting from downtown as a result of the temporary lane reductions and impacting other areas in the city. The study investigated potential diversion effects throughout the city, but also specifically investigated the question of traffic diversion impacting the segment of 27th Street between Hermosa Avenue and Morningside Drive. The study also analyzed the potential for the proposed project to induce significant traffic diversion under future conditions with the project and regional background traffic considered. The analysis examined trip distribution along primary and secondary routes for trips travelling to or from Downtown and found that 27th Street experienced a 1% decrease in distribution of downtown trips from 2019 (prior to lane reconfigurations) to 2021 (with lane reconfigurations in place). Total vehicular activity on 27th Street decreased by approximately 15% from Summer 2019 to Summer 2021. These observations lead the traffic engineers to conclude that lane reductions are not contributing significant traffic diversions onto secondary routes and 27th Street, and are not likely to do so as a result of the proposed project. The full technical analysis is provided in Appendix A (Fehr & Peers, January 2023). E. Noise Impacts A technical noise study was conducted to identify the potential for the project to result in significant impacts from roadway noise (increased traffic) or from noises related to outdoor dining. The study identified future noise levels on nine roadway segments, eight of which were selected because they serve the downtown area where most of the areas proposed to be eligible for outdoor dining are located. The study found that roadway noise with the maximum allowable outdoor dining (worst case) and lane reconfigurations in place, and with future background region al traffic conditions in place, would increase 0.1 dBA CNEL or less, at a distance of 30 feet from the roadway centerline, when compared to the baseline conditions of 2019 when outdoor dining and lane reconfigurations were not in place. In the case of the ninth roadway segment, 27th 334 Street west of Morningside Drive, the study found that roadway noise will decrease by an estimated 0.0 to 0.1 dBA, compared to 2019 baseline conditions. Potential noise sources associated with outdoor dining activities include noise generated by outdoor restaurant patrons conversing, potentially at high volumes and/or in large groups. The study identified the potential noise level under extreme worst case conditions (40 persons dining together and all talking at once) and determined that the City’s exterior noise standard of 65 CNEL would not be exceeded under those conditions at a distance of 20 feet. City Staff has determined that no proposed dining areas are within 20 feet of a residence or residential property line. The proposed project explicitly prohibits amplified or live music from being audible beyond outdoor dining areas. Televisions may be allowed, but only with audio turned off. These restrictions ensure the project will not adversely impact the acoustic environment. The technical noise study (MD Acoustics, April 2023a) is provided in Appendix A. F. Air Quality, Greenhouse Gas Emissions and Energy Impacts A technical assessment was performed to evaluate the project’s potential to result in significant impacts related to air quality, greenhouse gas emissions and energy consumption. The study found that the project’s air quality emissions are well below the AQMD’s significance thresholds (7% or less of threshold levels for criteria pollutants) and that the project is well below screening thresholds for significant contributions to greenhouse gas emissions. The project was found not to have impacts related to excessive or wasteful energy consumption. The technical study (MD Acoustics, April 2023b) is provided in Appendix A. G. Visual Resources Neither the proposed lane reconfigurations nor the dining decks and their related features (planters, umbrellas, heaters, podiums, tables and chairs, etc.) are large enough in scale individually or cumulatively to substantially degrade the existing visual character or quality of public views, or significantly obstruct scenic vistas from any of the prominent public viewpoints identified in PLAN Hermosa. Overhead objects (poles, posts, canopies, signs, etc.) are restricted in height to 8 feet above ground level. H. Cumulative Impacts For all categories of potential environmental effects considered by CEQA, the proposed Outdoor Dining Project has no environmental effect or, in some cases, a very minimal effect that is well below thresholds of a significant impact. Based on this environmental assessment and the supporting technical studies prepared to evaluate the project’s impacts, there is sufficient substantial evidence to support the statement that the project would not trigger significance thresholds even if it were 2 to 3 times greater in 335 magnitude (square footage) than proposed. Its contribution to cumulative potential cumulative effects on the environment is non-substantial and not significant. I. Summary In summary, the proposed Outdoor Dining Program does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to decrease below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the numbe r or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory. Nor will the project jeopardize long-term environmental goals in favor of short-term environmental goals, being consistent with the long-term goals established by the City as reflected in the General Plan. The project as proposed and with implementation of all standard conditions of approval and compliance with proposed City ordinances, resolutions and guidelines will have no significant impacts to humans, directly or indirectly. Nor does the project have impacts which are cumulatively considerable. * * * In defining activities that are categorically exempt, CEQA does not assert that activities conforming to the exemption categories of Section 15300 will have no impacts. Rather, CEQA’s categorical exemption provision establishes as a matter of law that imp acts of categorically exempt projects are effectively de minimus and the Secretary for Resources has found that they do not have a significant effect on the environment . As such they require no further analysis, documentation or disclosure. The supplemental analysis performed for this project is above and beyond the requirements of CEQA, especially for a project of this scale and which causes no substantial disturbance to the physical environment. It was conducted by Staff to facilitate a clear and transparent understanding of the CEQA determination for the project, and to address questions raised in public testimony related to potential effects of the City’s temporary outdoor dining program and the CEQA process that would accompany the proposed permanent outdoor dining project. 336 Appendix A 337 338 339 340 341 100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 294-5848 | www.fehrandpeers.com Memorandum Date: February 21, 2023 To: Douglas Krauss, Environmental Programs Manager– City of Hermosa Beach Ed Almanza, Ed Almanza & Associates From: Sean Reseigh, Senior Transportation Planner, and Michael Kennedy, Principal – Fehr & Peers Subject: CEQA Transportation Assessment for City of Hermosa Beach Outdoor Dining Program LB22-0029.02 Introduction This memorandum documents Fehr & Peers’ evaluation of the potential for significant transportation impacts under the California Environmental Quality Act (CEQA) associated with the City of Hermosa Beach’s proposed outdoor dining program in Downtown Hermosa Beach. Project Description The City of Hermosa Beach’s proposed outdoor dining program would allow for permanent outdoor dining primarily along Pier and Hermosa Avenues (“proposed Project”). Temporary pilot outdoor dining was implemented during the COVID-19 pandemic. Under the proposed permanent outdoor dining program, a cap of 9,500 square feet Citywide of outdoor dining use would be implemented. These uses would be associated with existing restaurants and incidental to their existing operations. The location of potential outdoor dining is expected to primarily continue to be in Downtown Hermosa Beach, where 87% of the commercially zones parcels are located. However, up to 13% of the total commercially zoned parcels are located outside of Downtown Hermosa Beach, so a limited amount of outdoor dining could be located in other parts of the City. Due to the concentration of outdoor dining expected in Downtown relative to other parts of the City, this impact analysis is focused on the evaluation of travel to/from Downtown, as it constitutes the highest potential for significant transportation impacts associated with outdoor dining. Outside of Downtown, any outdoor dining is expected to be very limited in nature, and therefore, unlikely to have any significant transportation impacts under CEQA. Outdoor dining is expected to primarily continue to occur in converted on-street parking spaces. 342 Douglas Krauss & Ed Almanza February 21, 2023 Page 2 of 8 CEQA Transportation Evaluation Impact Criteria Pursuant to Appendix G of the CEQA guidelines, impacts to transportation would be considered significant if the proposed Project were found to: 1. Conflict with a program, plan, ordinance, or policy (PPOP) addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. 2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). CEQA Guidelines Section 15064.3, subdivision (b) includes the criteria for analyzing transportation impacts for land use projects, as follows: Vehicle miles traveled (VMT) exceeding an applicable threshold of significance may indicate a significant impact. 3. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). 4. Result in inadequate emergency access. Impact Analysis The following details the qualitative evaluation of the proposed Project under these impact criteria. Criterion 1: Conflict with a program, plan, ordinance, or policy The proposed Project is not expected to conflict with any local or regional programs, plans, ordinances or policies when adopted by the City Council of the City of Hermosa Beach. Criterion 2: Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) The ultimate level of vehicle miles travelled generated by the proposed Project will depend on the types of restaurant uses that apply for and are granted approval for outdoor dining, as well as whether or not they are locally or regionally serving uses, which would affect mode choice (how many drive, take transit, bike or walk to a use), as well as the average vehicle trip length. Guidance from the Governor’s Office of Planning and Research (OPR) in the Technical Advisory on Evaluating Transportation Impacts in CEQA 1 provides recommended screening thresholds to determine whether VMT analysis would be required, based on project characteristics, including: • Locally serving retail • Small project • Transit Priority Area (TPA) 1 https://opr.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf. Accessed 1.6.2023. 343 Douglas Krauss & Ed Almanza February 21, 2023 Page 3 of 8 • Low VMT Area The proposed Project is expected to qualify for the locally serving retail screening criteria as discussed below. It is not expected to qualify for small project or TPA screening, and low VMT area screening applies only to office and residential uses. As recommended by OPR, 50,000 square feet of retail uses can be considered locally serving. Locally serving retail may include specialty retail, shopping center, grocery store, pharmacy, financial services/banks, fitness center or health club, restaurant, and café. According to OPR’s Guidance, the proposed Project is considered locally serving and presumed to have a less than significant impact related to VMT, and no further quantitative VMT analysis is required. Criterion 3: Substantially increase hazards due to a geometric design feature The proposed Project will not alter street design, it will simply allow for the continuation of the temporary outdoor dining program on a permanent basis. Consistent with the temporary outdoor dining program, this will occur primarily within on-street parking stalls, which will be protected by jersey barriers, or other traffic safety devices subject to the approval of the City’s Traffic Engineer to ensure safe separation between outdoor diners and vehicles on City roadways. Outdoor dining areas will not impede on sight distance for motorists and pedestrians, as protective jersey barriers are lower than the height of drivers and pedestrian lines of sight. Therefore, the proposed Project’s impact under this criterion will be less than significant. Criterion 4: Result in inadequate emergency access. The proposed project will not alter street design or parcel access that could affect emergency access. It will solely modify existing on-street parking stalls to allow for outdoor dining, which will have no effect on access. Additionally, the proposed Project will add negligible traffic volumes to roadways in the City as further detailed below. Therefore, the proposed Project’s impact under this criterion will be less than significant. Proposed Project Trip Generation While a quantitative VMT impact analysis is not needed because the proposed Project can be screened as locally serving, to support CEQA impact analyses associated with air quality and noise impact areas, Fehr & Peers prepared trip generation estimates for the proposed Project. The ultimate trip generation will vary based on the types of restaurant uses that apply for and are approved for permanent outdoor dining under this program. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, was used to estimate daily and AM and PM peak hour trips reflecting the different restaurant uses that are present in Downtown Hermosa Beach. They include: • Fast Casual Restaurant (example: Chipotle on Pacific Coast Highway) 344 Douglas Krauss & Ed Almanza February 21, 2023 Page 4 of 8 • Fine Dining Restaurant (example: Zane’s on Pier Avenue) • High Turnover- Sit Down Restaurant (example: Fritto Misto on Pier Avenue • Drinking Place (example: Hennessey’s Tavern on Pier Plaza) Table 1 presents the daily and AM and PM peak hour estimates for the proposed Project. Scenario 1 presents the worst-case trip generation estimates for the proposed Project, assuming that 100% of the 9,500 square feet of outdoor dining are associated with the High-Turnover Sit Down Restaurant trip rate, which has the highest daily trip rate compared with the other restaurant categories. Daily trip generation estimates for this scenario are 1,072 trips, with 96 trips in the AM peak hour, and 91 trips in the PM peak hour. In addition to using the highest trip rate, this analysis likely also overestimates the number of trips because it does not account for potential walk/bike access to Downtown Hermosa Beach, or for visitors to the coastal zone also choosing to patronize a local restaurant, which would both result in reduced trip generation compared with standard ITE rates. Additionally, because outdoor dining uses will be incidental to existing indoor restaurants, they are unlikely to generate vehicle trips at the level of trip generation accounted for in ITE rates. However, the numbers are presented here for a potential worst-case trip generation estimate. Scenario 2 presents a more realistic scenario with the variety of restaurant use types in Hermosa Beach. For this scenario, the spit is assumed to be equal across the four categories. As with Scenario 1, it is still expected to be an overestimation of potential vehicle trips, as it does not account for walk/bike access and internalization of trips from visitors to the coastal zone. Daily trip generation for this scenario is 749 trips, with 30 AM peak hour and 102 PM peak hour trips. Table 1: Proposed Project Daily AM and PM Peak Hour Trip Generation Estimates [a] Source: Institute of Transportation Engineers Trip Generation 11th Edition, analysis by Fehr & Peers, 2023, StreetLight Data, 2022. Proposed Project Trip Assignment In order to estimate the worst-case trip generation estimates on roadways used to access Downtown Hermosa Beach, Fehr & Peers used StreetLight Data, a cell phone based origin destination data set to evaluate the share of total travel to/from Downtown Hermosa Beach on various roadways. Due to changes in transportation conditions over the COVID-19 pandemic, data 345 Douglas Krauss & Ed Almanza February 21, 2023 Page 5 of 8 for Summer 2019, 2020 and 2021 were analyzed to determine if there were varying travel patterns across those years. Table 2 presents the percentage share of total travel to/from Downtown Hermosa Beach at nine study locations on 27th Street, 8th Street, Hermosa Avenue, Manhattan Avenue, Monterey Boulevard, and Pier Avenue. While the table presents the minor variations in the StreetLight Data share of travel to/from Downtown Hermosa Beach over the three years analyzed, Summer 2021 is considered the most typical, as most businesses had reopened from the temporary closures associated with the COVID-19 pandemic. Therefore, Summer 2021 distribution was used to estimate trips on the study locations. Table 3 details the worst-case daily proposed Project-only trips expected at each of these study locations. They were estimated by applying the 2021 StreetLight Data trip distribution percentage to daily trip generation for Scenarios 1 and 2. Pier and Hermosa Avenues are expected to carry the vast majority of trips to/from Downtown Hermosa Beach associated with outdoor dining. The other corridors will experience negligible increases in trips per day. To be conservative 100% of the outdoor dining is assumed to occur in Downtown Hermosa Beach in order to estimate the worst-case traffic volume increases that could occur on roadway segments in the City. Table 2: StreetLight Data Daily Distribution of Travel to/from Downtown Hermosa Beach Study Corridor Location Summer 2019 Daily % of Total Travel Summer 2020 Daily % of Total Travel Summer 2021 Daily % of Total Travel 1. 27th Street (west of Morningside) 7.0% 5.9% 6.2% 2. 8th Street (west of Valley 7.4% 7.2% 6.0% 3. Hermosa Avenue (north of 16th) 17.2% 16.9% 17.1% 4. Hermosa Avenue (north of 8th) 21.7% 22.7% 22.6% 5. Manhattan Avenue (north of Pier) 2.9% 1.6% 2.0% 6. Manhattan Avenue (south of Pier) 2.5% 2.0% 2.1% 7. Monterey Boulevard (north of Pier) 2.2% 2.0% 1.6% 8. Monterey Boulevard (south of Pier) 3.0% 2.3% 2.5% 9. Pier Avenue (west of Valley) 36.1% 39.4% 39.9% Source: Fehr & Peers, 2023, StreetLight Data, 2022. 346 Douglas Krauss & Ed Almanza February 21, 2023 Page 6 of 8 Table 3: Proposed Project Daily Trips on Corridors Serving Downtown Hermosa Beach Study Corridor Location Scenario 1 Daily Project Only Trips Scenario 2 Daily Project Only Trips 1. 27th Street (west of Morningside) 64 44 2. 8th Street (west of Valley 61 42 3. Hermosa Avenue (north of 16th) 174 122 4. Hermosa Avenue (north of 8th) 230 161 5. Manhattan Avenue (north of Pier) 21 15 6. Manhattan Avenue (south of Pier) 22 15 7. Monterey Boulevard (north of Pier) 16 11 8. Monterey Boulevard (south of Pier) 25 18 9. Pier Avenue (west of Valley) 405 283 Source: Fehr & Peers, 2023 Baseline + Project ADT Volumes In order to estimate pre-project (2019) pre-pandemic baseline conditions, StreetLight Data were used to estimate average daily traffic (ADT) for 2019, as no in-field collected traffic counts were available for pre-pandemic conditions. 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, Origin-Destination (O-D) and more. StreetLight algorithmically transforms trillions of location data points into contextualized, aggregated, and normalized travel pattern data to deliver unique 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 were used to estimate ADT for summer (July & August) weekend days in 2019. ADT on the study segments are presented in Table 4, which also includes proposed Project trips, and the expected percent change in daily traffic volumes associated with the proposed Project. As shown in the table, under Scenario 1, the maximum change in daily segment traffic volumes change is expected to be approximately 2.3%. Under Scenario 2, the maximum change is approximately 1.6%. 347 Douglas Krauss & Ed Almanza February 21, 2023 Page 7 of 8 Cumulative Conditions In order to assess the potential for increased traffic volumes under cumulative conditions, Fehr & Peers reviewed the traffic analysis conducted for the P LAN Hermosa environmental impact report. Based on analysis from the Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP) forecasting model, as well as the modelling conducting for PLAN Hermosa, regional traffic volumes are not expected to increase, as land use patterns change to focus more on urban infill housing, as the regional transportation network is developed, and as transportation demand management (TDM) measures become more commonplace. As noted in the PLAN Hermosa Drafty EIR, “PLAN Hermosa would guide future development and reuse projects in the city in a manner that would not increase overall demand for travel within Hermosa Beach… Regional population and employment growth will not result in increased vehicular travel demand.”2 Therefore, the Baseline plus Project traffic volumes contained in this memorandum represent the expected worst-case scenario. While the PLAN Hermosa Draft EIR noted that vehicular travel demand is expected to reduce Citywide, due to some localized travel pattern changes, the PLAN Hermosa EIR projected an increase in peak hour traffic volumes at the intersection of Manhattan Avenue & 27th Street. However, PLAN Hermosa would reduce traffic volumes at that location compared to the Future without PLAN Hermosa scenario. Appendix G to the PLAN Hermosa Draft EIR includes peak hour traffic volume changes at study intersections. The primary change to traffic volumes forecast in the PLAN Hermosa Draft EIR were on the eastbound left movement, so most of the increased volumes would not travel on 27th Street, and instead would continue northbound on Manhattan Avenue. Therefore, even under Cumulative conditions, traffic volumes on 27th Street west of Morningside Drive are not expected to substantially increase. While not needed for CEQA transportation impact analysis, the volumes provided in this memorandum serve as input data for the air quality and noise impact analysis of the proposed Project. 2 PLAN Hermosa Draft Environmental Impact Report, City of Hermosa Beach, 2016. Page 4.14-45. Accessed 2/20/23 from https://www.hermosabeach.gov/home/showpublisheddocument/8538/637001018228830000 348 Douglas Krauss & Ed Almanza February 21, 2023 Page 8 of 8 Table 4: Baseline plus Proposed Project Daily Trips on Corridors Serving Downtown Hermosa Beach Study Corridor Location Baseline (2019) ADT Scenario 1 Project Only ADT Scenario 2 Project Only ADT Baseline + Scenario 1 ADT Baseline + Scenario 2 ADT Scenario 1 Delta (%) Scenario 2 Delta (%) 1. 27th Street (west of Morningside) 8,081 64 44 8,145 8,125 0.8% 0.5% 2. 8th Street (west of Valley) 6,256 61 42 6,317 6,298 1.0% 0.7% 3. Hermosa Avenue (north of 16th) 14,466 174 122 14,640 14,588 1.2% 0.8% 4. Hermosa Avenue (north of 8th) 15,003 230 161 15,233 15,164 1.5% 1.1% 5. Manhattan Avenue (north of Pier) 2,334 21 15 2,355 2,349 0.9% 0.6% 6. Manhattan Avenue (south of Pier) 2,121 22 15 2,143 2,136 1.0% 0.7% 7. Monterey Boulevard (north of Pier) 3,839 16 11 3,855 3,850 0.4% 0.3% 8. Monterey Boulevard (south of Pier) 4,014 25 18 4,039 4,032 0.6% 0.4% 9. Pier Avenue (west of Valley) 17,563 405 283 17,968 17,846 2.3% 1.6% Source: Fehr & Peers, 2023 349 AZ Office CA Office 4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: 0AQ etc. 4.12.23 final April 3, 2023 To: Ed Almanza & Associates From: MD Acoustics, LLLC Subject: Hermosa Beach Downtown Outdoor Dining Project –Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation, City of Hermosa Beach, CA MD Acoustics, LLC (MD) has completed a focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation for the proposed Hermosa Beach Downtown Post-Pilot Installation Vehicular Changes Project located in the City of Hermosa Beach, California. The purpose of this focused study is to evaluate the air quality and greenhouse gas operational emissions as well as energy consumption of the proposed project, and to compare projected emissions and energy consumption to the relevant thresholds of significance. A list of definitions and terminology is located in Appendix A. 1.0 Project Description The project proposes that certain commercial establishments may provide outdoor dining in public right- of-way areas (including on-street parking areas and sidewalks) in the downtown area of Hermosa Beach. The project would reconfigure travel lanes to accommodate areas where outdoor dining would be allowed and to provide lanes for bicycles and other zero-emission modes of transportation. 2.0 AQ/GHG Thresholds of Significance 2.1 AQ Significance Thresholds Project emissions were compared to both regional and localized SCAQMD’s thresholds of significance for operational emissions1,2. 2.2 GHG Significance Thresholds The project emissions were compared to the SCAQMD’s 3,000 MTCO2e draft threshold for all land uses3. 3.0 Evaluation Procedure/Methodology MD utilized the latest version of CalEEMod (2022.1) to calculate the operational emissions from the project site4. The project was modeled to be operational in 2023. Regional emissions were based on an increase of 1,018 trips per day, based on the maximum scenario generated by the traffic analysis from Fehr & Peers, with a ten-mile trip length for a conservative estimate, and localized emissions were based on a two-mile trip length to approximately cover the project area twice. As stated by Fehr & Peers, the project is not anticipated to increase traffic regionally, and the estimates used in this analysis are a worst- case scenario. CalEEmod defaults were utilized. Assumptions and output calculations are provided in Appendix C. 1 https://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf 2 https://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized-significance-thresholds 3 https://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/ghg-significance-thresholds/page/2 4 https://www.caleemod.com/ 350 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 2 JN: AQ etc. 4.12.23 final 4.0 Local Ambient Conditions The project site is located in South Coast Air Basin (SCAB) in the Southwest Coastal Los Angeles Source Receptor Area (SRA) 35. The nearest air monitoring station to the project site is the Los Angeles- Westchester Parkway Monitoring Station. Historical air quality data for the vicinity can be found both at CARB and SCAQMD’s websites6,7. Temperature and historical precipitation data can be found at the Western Regional Climate Center (WRCC)8. 5.0 Findings The following outlines the emissions for the project: 5.1 Regional Operational Emissions The operating emissions were based on year 2023, which is the anticipated opening year for the project. The number of trips was based on the transportation assessment from Fehr & Peers9 and a trip length of 10 miles. The summer and winter emissions created by the proposed project’s long-term operations were calculated and the highest emissions from either summer or winter are summarized in Table 1. The data in Table 1 shows that the operational emissions for the project would not exceed the SCAQMD’s regional significance thresholds. Table 1: Regional Significance – Operational Emissions (lbs/day) Activity Pollutant Emissions (pounds/day)1 VOC NOx CO SO2 PM10 PM2.5 Mobile Sources2 4.00 3.47 38.60 0.08 2.89 0.56 SCAQMD Thresholds 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Notes: 1 Source: CalEEMod Version 2022.1 2 Mobile sources consist of emissions from vehicles and road dust. 5.2 Localized Operational Emissions Table 2 indicates that the local operational emission would not exceed the LST thresholds at the nearest sensitive receptors, located adjacent to the project. This was based on trip lengths of two miles and localized significance thresholds for a 25-meter distance to the nearest sensitive receptor and a one-acre project size, which is a highly conservative comparison as the project is spread over more than 100 acres across Hermosa Beach. Therefore, the project will not result in significant Localized Operational emissions. 5 https://www.aqmd.gov/docs/default-source/default-document-library/map-of-monitoring-areas.pdf?sfvrsn=6 6 https://www.aqmd.gov/home/library/air-quality-data-studies/historical-data-by-year 7 https://www.arb.ca.gov/adam/ 8 https://www.wrcc.dri.edu/summary/Climsmsca.html 9 Fehr & Peers. CEQA Transportation Assessment for City of Hermosa Beach Outdoor Dining Program. February 21, 2023. 351 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 3 JN: AQ etc. 4.12.23 final Table 2: Localized Significance –Operational Emissions (lbs/day) Phase On-Site Pollutant Emissions (pounds/day)1 NOx CO PM10 PM2.5 Mobile Sources2 0.69 7.72 0.58 0.11 SCAQMD Threshold2 91 664 1 1 Exceeds Threshold? No No No No Notes: 1 Source: Calculated from CalEEMod and SCAQMD’s Mass Rate Look-up Tables for one-acre, to be conservative, in Southwest Coastal Los Angeles Source Receptor Area (SRA 3). 2 The nearest sensitive receptors are the residential uses located along the multiple routes being studied; therefore, the 25-meter threshold was utilized. 5.3 GHG Emissions Table 3 outlines the construction and operational GHG emissions for the project. The project’s emissions are below (1,386 MTCO2e) the SCAQMD’s draft screening threshold of 3,000 MTCO2e for all land uses and; therefore, the impact is less than significant. Table 3: Opening Year Project-Related Greenhouse Gas Emissions Category Greenhouse Gas Emissions (Metric Tons/Year)1 Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e Mobile Sources4 0.00 1,365.00 1,365.00 0.07 0.06 1,386.00 SCAQMD Draft Screening Threshold 3,000 Exceeds Threshold? No Notes: 1 Source: CalEEMod Version 2022.1 4 Mobile sources consist of GHG emissions from vehicles. 5.4 CO Hotspot Analysis CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. Local air quality impacts can be assessed by comparing future without and with project CO levels to the State and Federal CO standards which can be found from the CARB website.10 To determine if the proposed project could cause emission levels in excess of the CO standards, a sensitivity analysis is typically conducted to determine the potential for CO “hot spots” at a number of intersections in the general project vicinity. Because of reduced speeds and vehicle queuing, “hot spots” potentially can occur at high traffic volume intersections with a Level of Service E or worse. Micro-scale air quality emissions have traditionally been analyzed in environmental documents where the air basin was a non-attainment area for CO. However, the SCAQMD has demonstrated in the CO attainment redesignation request to EPA that there are no “hot spots” anywhere in the air basin, even at intersections with much higher volumes, much worse congestion, and much higher background CO levels 10 https://ww2.arb.ca.gov/resources/carbon-monoxide-and-health 352 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 4 JN: AQ etc. 4.12.23 final than anywhere in Riverside County. If the worst-case intersections in the air basin have no “hot spot” potential, any local impacts will be below thresholds. The traffic impact analysis showed that the project would generate a maximum total of 1,018 trips per day, and the maximum daily trips in a single corridor would be 17,968 along Pier Avenue (west of Valley). The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. The volume of traffic at project buildout would be well below 100,000 vehicles and below the necessary volume to even get close to causing a violation of the CO standard. Therefore, no CO “hot spot” modeling was performed and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed project. 5.5 Cumulative Regional Air Quality Impacts Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the project’s air quality must be generic by nature. The project area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of cumulative projects will further degrade the local air quality, as well as the air quality of the South Coast Air Basin. The greatest cumulative impact on the quality of regional air cell will be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. Therefore, as the project does not exceed any of the thresholds of significance, the project is considered less than significant. Additionally, per the project traffic analysis from Fehr & Peers (and the PLAN Hermosa EIR), cumulative traffic volumes are expected to decrease regionally, in addition to a long-term decease in local traffic volumes as a result of implementation of the City’s General Plan. 5.6 Consistency with Applicable Plans Consistency with AB32 Scoping Plan The ARB Board approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy to achieve the 2020 greenhouse gas emissions limit. The Scoping Plan “proposes a comprehensive set of actions designed to reduce overall greenhouse gas emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health” (California Air Resources Board 2008). The measures in the Scoping Plan have been in place since 2012. 353 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 5 JN: AQ etc. 4.12.23 final This Scoping Plan calls for an “ambitious but achievable” reduction in California’s greenhouse gas emissions, cutting approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today’s levels. In May 2014, the CARB released its First Update to the Climate Change Scoping Plan (CARB 2014). This Update identifies the next steps for California’s leadership on climate change. In November 2017, the CARB released the 2017 Scoping Plan. This Scoping Plan incorporates, coordinates, and leverages many existing and ongoing efforts and identifies new policies and actions to accomplish the State’s climate goals, and includes a description of a suite of speci fic actions to meet the State’s 2030 GHG limit. The 2017 Scoping Plan builds upon the successful framework established by the Initial Scoping Plan and First Update, while identifying new, technologically feasible, and cost-effective strategies to ensure that California meets its GHG reduction targets. As the project was found to not increase traffic regionally by Fehr & Peers in the project traffic assessment, the project is consistent with the Scoping Plan. Consistency with SCAG’s 2020-2045 RTP/SCS At the regional level, the 2020-2045 RTP and Sustainable Communities Strategy represent the region’s Climate Action Plan that defines strategies for reducing GHGs. In order to assess the project’s potential to conflict with the RTP/SCS, this section analyzes the project’s land use profile for consistency with those in the Sustainable Communities Strategy. Generally, projects are considered consistent with the provisions and general policies of applicable City and regional land use plans a nd regulations, such as SCAG’s Sustainable Communities Strategy, if they are compatible with the general intent of the plans and would not preclude the attainment of their primary goals. Table 4 demonstrates the project’s consistency with the Actions and Strategies set forth in the 2020- 2045 RTP/SCS. As shown in Table 4, the project would be consistent with the GHG reduction related actions and strategies contained in the 2020-2045 RTP/SCS.0 Table 4: Project Consistency with SCAG 2020-2045 RTP/SCS1 Actions and Strategies Responsible Party(ies) Consistency Analysis Land Use Strategies Reflect the changing population and demands, including combating gentrification and displacement, by increasing housing supply at a variety of affordability levels. Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants and will not impact housing. Focus new growth around transit. Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants that would be consistent with the 2020 RTP/SCS focus on growing near transit facilities. Plan for growth around livable corridors, including growth on the Livable Corridors network. SCAG, Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants that would be consistent with the 2020 RTP/SCS focus on growing along the 2,980 miles of Livable Corridors in the region. Provide more options for short trips through Neighborhood Mobility Areas and Complete SCAG, Local Jurisdictions Consistent. The proposed project would help further jobs/housing balance objectives. The 354 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 6 JN: AQ etc. 4.12.23 final Actions and Strategies Responsible Party(ies) Consistency Analysis Communities. proposed project is also consistent with the Complete Communities initiative that focuses on creation of mixed-use districts in growth areas. Support local sustainability planning, including developing sustainable planning and design policies, sustainable zoning codes, and Climate Action Plans. Local Jurisdictions Not Applicable. This strategy calls on local governments to adopt General Plan updates, zoning codes, and Climate Action Plans to further sustainable communities. The proposed project would not interfere with such policymaking and would be consistent with those policy objectives. Protect natural and farmlands, including developing conservation strategies. SCAG, Local Jurisdictions Consistent. The project is an expansion to outdoor dining for local restaurants that would help reduce demand for growth in urbanizing areas that threaten green fields and open spaces. Transportation Strategies Preserve our existing transportation system. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy calls on investing in the maintenance of our existing transportation system. The proposed project would not interfere with such policymaking. Manage congestion through programs like the Congestion Management Program, Transportation Demand Management, and Transportation Systems Management strategies. County Transportation Commissions, Local Jurisdictions Consistent. The proposed project is an expansion to outdoor dining for local restaurants that will minimize congestion impacts on the region because of its proximity to public transit and general density of population and jobs. Promote safety and security in the transportation system. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy aims to improve the safety of the transportation system and protect users from security threats. The proposed project would not interfere with such policymaking. Complete our transit, passenger rail, active transportation, highways and arterials, regional express lanes goods movement, and airport ground transportation systems. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy calls for transportation planning partners to implement major capital and operational projects that are designed to address regional growth. The proposed project would not interfere with this larger goal of investing in the transportation system. Technological Innovation and 21st Century Transportation Promote zero-emissions vehicles. SCAG, Local Jurisdictions Consistent. The project includes lane reconfigurations which would provide new lanes for bikes and other zero-emissions transportation modes. Promote neighborhood electric vehicles. SCAG, Local Jurisdictions Not applicable. The proposed project would not interfere with the goal of promoting neighborhood electric vehicles. Implement shared mobility programs. SCAG, Local Jurisdictions Not Applicable. This strategy is designed to integrate new technologies for last-mile and alternative transportation programs. The proposed project would not interfere with these emerging programs. 355 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 7 JN: AQ etc. 4.12.23 final Actions and Strategies Responsible Party(ies) Consistency Analysis Notes: 1 Source: Southern California Association of Governments; 2020–2045 RTP/SCS; September 3, 2020. 6.0 Energy Energy consumption in support of or related to project operations would consist of transportation energy demands (energy consumed by employee and patron vehicles accessing the project site). Additional energy that would be consumed by the construction or operation of the additional outdoor dining is assumed to be negligible as no additional buildings are to be built. This energy analysis is based upon Appendix F of the CEQA Guidelines which states that any project that results in wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources would have a significant impact. 6.1 Transportation Fuel Consumption The largest source of operational energy use would be vehicle operation of customers. The site is located in an urbanized area just in close proximity to transit stops. Using the CalEEMod output, it is assumed that an average trip for all vehicles were assumed to be 10 miles. To show a worst-case analysis, it was assumed that vehicles would operate 365 days per year. Table 5 shows the worst-case estimated annual fuel consumption for all classes of vehicles from autos to heavy-heavy trucks. Table 5 shows that an estimated 155,002 gallons of fuel would be consumed per year for the operation of the proposed project. Table 5: Estimated Vehicle Operations Fuel Consumption Vehicle Type Vehicle Mix Number of Vehicles1 Average Trip (miles)2 Daily VMT Average Fuel Economy (mpg) Total Gallons per Day Total Annual Fuel Consumption (gallons) Light Auto Automobile 518 10 5,184 31.82 162.92 59,467 Light Truck Automobile 56 10 559 27.16 20.56 7,506 Light Truck Automobile 183 10 1,832 25.6 71.56 26,121 Medium Truck Automobile 174 10 1,737 20.81 83.47 30,468 Light Heavy Truck 2-Axle Truck 37 10 369 13.81 26.73 9,755 Light Heavy Truck 10,000 lbs + 2-Axle Truck 9 10 92 14.18 6.52 2,380 Medium Heavy Truck 3-Axle Truck 11 10 114 9.58 11.87 4,331 Heavy Heavy Truck 4-Axle Truck 29 10 293 7.14 41.03 14,975 Total 1,018 -- 10,180 -- 424.66 -- Total Annual Fuel Consumption 155,002 Notes: 1 Per the trip generation assessment, the project is to generate 1,018 total net new trips in the maximum scenario. Default CalEEMod vehicle fleet mix utilized. 2Based on the size of the site and relative location, trips were assumed to be local rather than regional. Trip generation of the proposed project is consistent with other similar commercial uses of similar scale and configuration as reflected in the traffic analysis from Fehr & Peers. That is, the proposed project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips, nor 356 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 8 JN: AQ etc. 4.12.23 final associated excess and wasteful vehicle energy consumption. Additionally, as stated by Fehr & Peers, the project is not anticipated to increase traffic regionally, and the estimates shown in this analysis are a worst-case scenario. Therefore, project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary. 7.0 Conclusions Operational project emissions were evaluated and compared to both regional and localized SCAQMD’s thresholds of significance. In addition, project GHG emissions were evaluated and compared to SCAQMD’s draft threshold of 3,000 MTCO2e per year for all land uses. Project emissions are anticipated to be below SCAQMD’s thresholds of significance with no mitigation and project energy usage was found not to be inefficient, wasteful, or otherwise unnecessary. Therefore, the impact is less than significant. MD is pleased to provide this focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation. If you have any questions regarding this analysis, please don’t hesitate to call us at (805) 426-4477. Sincerely, MD Acoustics, LLC Tyler Klassen, EIT Air Quality Specialist 357 Appendix A Glossary of Terms 358 AQMP Air Quality Management Plan CAAQS California Ambient Air Quality Standards CARB California Air Resources Board CEQA California Environmental Quality Act CFCs Chlorofluorocarbons CH4 Methane CNG Compressed natural gas CO Carbon monoxide CO2 Carbon dioxide CO2e Carbon dioxide equivalent DPM Diesel particulate matter GHG Greenhouse gas HFCs Hydrofluorocarbons LST Localized Significant Thresholds MTCO2e Metric tons of carbon dioxide equivalent MMTCO2e Million metric tons of carbon dioxide equivalent NAAQS National Ambient Air Quality Standards NOx Nitrogen Oxides NO2 Nitrogen dioxide N2O Nitrous oxide O3 Ozone PFCs Perfluorocarbons PM Particle matter PM10 Particles that are less than 10 micrometers in diameter PM2.5 Particles that are less than 2.5 micrometers in diameter PMI Point of maximum impact PPM Parts per million PPB Parts per billion RTIP Regional Transportation Improvement Plan RTP Regional Transportation Plan SCAB South Coast Air Basin SCAQMD South Coast Air Quality Management District SF6 Sulfur hexafluoride SIP State Implementation Plan SOx Sulfur Oxides SRA Source/Receptor Area TAC Toxic air contaminants VOC Volatile organic compounds WRCC Western Regional Climate Center 359 Appendix B Project Map 360 Appendix C CalEEMod Output 361 AZ Office CA Office 4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: Noise_Letter Report 4.11.23 final April 11, 2023 To: Ed Almanza & Associates From: MD Acoustics, LLLC Subject: Hermosa Beach Downtown Outdoor Dining – Noise Assessment – City of Hermosa Beach, CA MD Acoustics, LLC (MD) is pleased to provide this noise assessment for the Hermosa Beach Downtown Outdoor Dining Project in the City of Hermosa Beach, CA. The project proposes that certain commercial establishments may provide outdoor dining in public right-of-way areas (including on-street parking areas and sidewalks) in the downtown area of Hermosa Beach. The project identifies areas where outdoor dining would be allowed. This assessment analyzes the baseline and baseline plus project traffic noise conditions for nine (9) street segments that were identified by the technical traffic consultants as the key routes for vehicular access to and from the project area. It provides a quantitative analysis of outdoor dining noise and compares projected roadway and outdoor dining noise levels to the City’s applicable noise standards. For your reference, Appendix A contains a glossary of acoustical terms. 1.0 Assessment Overview This assessment evaluates the baseline noise conditions and the baseline + project noise conditions experienced along the following streets: 1. 27th Street (west of Morningside) 2. 8th Street (west of Valley) 3. Hermosa Avenue (north of 16th Street) 4. Hermosa Avenue (north of 8th Street) 5. Manhattan Avenue (north of Pier) 6. Manhattan Avenue (south of Pier) 7. Monterey Boulevard (north of Pier) 8. Monterey Boulevard (south of Pier) 9. Pier Avenue (west of Valley) The nine analyzed roadways will be the most affected by the project and represent the worst-case scenario. Baseline traffic conditions for each roadway were provided by Fehr & Peers (February 2023 in Appendix B of this report). The traffic noise level has been compared to the City’s noise standards. All modeling assumptions follow FHWA traffic noise modeling protocols. The study also assesses the stationary noise impact on adjacent land uses due to outdoor dining. Exhibit A identifies the roadway segments that were assessed. The eligible outdoor dining areas are shown in Exhibit B. 2.0 City of Hermosa Beach Noise Standards The City of Hermosa Beach outlines their noise regulations and standards within the Public Safety Element from the General Plan and the Noise Ordinance from the Municipal Code. Table 6.3 in the City’s Public Safety Element outlines the interior and exterior noise standards (Table 1 of this report). 362 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 2 JN: Noise_Letter Report 4.11.23 final Exhibit A Roadway Segments 1 2 3 4 5 6 7 8 9 1. 27th Street (west of Morningside) 2. 8th Street (west of Valley) 3. Hermosa Avenue (north of 16th Street) 4. Hermosa Avenue (north of 8th Street) 5. Manhattan Avenue (north of Pier) 6. Manhattan Avenue (south of Pier) 7. Monterey Boulevard (north of Pier) 8. Monterey Boulevard (south of Pier) 9. Pier Avenue (west of Valley) 363 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 3 JN: Noise_Letter Report 4.11.23 final Exhibit B Project Area 364 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 4 JN: Noise_Letter Report 4.11.23 final Table 1: Interior and Exterior Noise Standards1 Land Use Community Noise Equivalent Level (CNEL) Exterior Interior Residential 65 dB 45 dB Hotels/Motels 65 dB 45 dB Schools, Libraries, Churches, Hospitals, Nursing Homes 65 dB 45 dB Auditoriums, Concert Halls, Amphitheaters 65 dB 45 dB Sports Arena, Outdoor Spectator Sports 65 dB N/A Playgrounds, Neighborhood Parks 70 dB N/A Golf Courses, Riding Stables, Water Recreation, Cemeteries 75 dB N/A Office Buildings, Business Commercial and Professional 70 dB 50 dB Industrial, Manufacturing, Utilities, Agriculture 75 dB 65 dB Notes: 1. Outdoor environment limited to private yard of single-family residences; private patios of multi-family residences that are accessed by a means of exit from inside the unit; mobile home park; hospital patio; park picnic area; school playground; and hotel and motel recreation area. 2. Interior environment excludes bathrooms, toilets, closets, and corridors. Noise level requirement is with windows closed. Mechanical ventilation system or other means of natural ventilation shall be provided pursuant to the requirements of the Uniform Building Code (UBC). 3. See Table 6.3 Public Safety, PLAN Hermosa1 3.0 Study Method and Procedure Traffic Noise Level Prediction Modeling Traffic noise from the vehicular traffic was projected using the FHWA Traffic Noise Prediction Model (FHWA- RD-77-108). The software utilizes FHWA protocol and is similar to the Traffic Noise Model (TNM 2.5) algorithms to calculate noise level projections and are typically accurate within ± 3 dBA. The FHWA model arrives at the predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level (REMEL). Roadway volumes and project trip generation were obtained from Fehr & Peers. Fehr & Peers estimated pre-pandemic (2019) and post-pandemic (2020-2021) conditions using StreetLight Data. The estimates show that traffic volumes decreased significantly from 2019 to 2020 and began to increase in 2021, indicating that activity is returning to pre-pandemic conditions. Traffic volumes were analyzed during summer weekends to represent the loudest conditions. Temporary roadway diversions were put in place after 2019, and the project proposes to make the lane reconfigurations permanent. The baseline condition represents the worst-case noise before roadway diversions were put in place and without project- generated traffic. The baseline plus project condition represents the worst-case noise with project- generated traffic and with the roadway diversions in place. 27th Street traffic volumes and vehicle distribution were monitored by Fehr & Peers on 12/15/2022, after roadway diversions were put in place. For this study, MD evaluated 27th Street separate from the other roadways to compare baseline conditions, existing conditions, and baseline plus project conditions. Baseline conditions represent pre-pandemic (2019) traffic volumes prior to lane reconfiguration. Existing conditions represent the current post-pandemic traffic volumes with roadway diversions put in place. Baseline plus project conditions represent 2019 traffic volumes, including the roadway diversions and project-generated 365 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 5 JN: Noise_Letter Report 4.11.23 final traffic. Fehr & Peers found that the lane reductions caused a 1% decrease in distribution on 27th Street, making it highly unlikely that the lane reductions diverted 27th Street traffic. Fehr & Peers provided two trip generation scenarios. Scenario 1 provides the worst-case trip generation estimates and Scenario 2 provides more realistic estimates by accounting for the variety of restaurant uses. For this analysis, MD utilized the trip generation estimates from Scenario 1 in order to calculate the absolute worst-case scenario. The following outlines the key adjustments made to the REMEL for the roadway inputs:  Roadway classification – (e.g. freeway, a major arterial, arterial, secondary, collector, etc),  Roadway Active Width – (distance between the center of the outermost travel lanes on each side of the roadway)  Average Daily Traffic Volumes (ADT), Travel Speeds, Percentages of automobiles, medium trucks and heavy trucks  Roadway grade and angle of view  Site Conditions (e.g. soft vs. hard)  Percentage of total ADT which flows each hour throughout a 24-hour period  Vertical and horizontal distances (Sensitive receptor distance from noise source)  Noise barrier vertical and horizontal distances (Noise barrier distance from sound source and receptor).  Traffic noise source spectra  Topography  The Model doesn’t include the noise reduction effects of the single family residencies Roadway modeling assumptions utilized for the technical study are provided in Table 2 and Table 3. Table 2: Roadway Noise Modeling Parameters Roadway Segment Limits Baseline (2019) ADT1 Project Only ADT1 Baseline + Project ADT1 Distance to Centerline (ft)2 Speed (MPH) 8th Street West of Valley Dr 6,256 61 6,317 25 25 Hermosa Avenue North of 16th St 14,466 174 14,640 48 30 Hermosa Avenue North of 8th St 15,003 230 15,233 50 25 Manhattan Avenue North of Pier Ave 2,334 21 2,355 23 25 Manhattan Avenue South of Pier Ave 2,121 22 2,143 25 25 Monterey Boulevard North of Pier Ave 3,839 16 3,855 23 25 Monterey Boulevard South of Pier Ave 4,014 25 4,039 25 25 Pier Avenue West of Valley Dr 17,563 405 17,968 50 25 Notes: 1. Provided by Fehr & Peers (February 2023). 2. Distance from the nearest residential property to the centerline. 366 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 6 JN: Noise_Letter Report 4.11.23 final Table 3: Vehicle Mix Data Motor-Vehicle Type Daytime % (7 AM to 7 PM)1 Evening % (7 PM to 10 PM) Night % (10 PM to 7 AM) Total % of Traffic Flow Automobiles 77.5 12.9 9.6 97.42 Medium Trucks 84.8 4.9 10.3 1.84 Heavy Trucks 86.5 2.7 10.8 0.74 Notes: 1 Typical Southern California Traffic Mix Roadway modeling assumptions for 27th Street are provided in Table 4 and Table 5. Table 4: 27th Street Roadway Noise Modeling Parameters Roadway Segment Baseline (2019) ADT1 Existing (2022) ADT2 Baseline + Project ADT2 Distance to Centerline (ft)3 Speed (MPH) 27th Street West of Morningside 6,036 8,081 8,145 16 30 Notes: 1 Baseline ADT volumes provided by Fehr & Peers, February 2023. 2. Existing ADT volumes and vehicle distribution provided by Fehr & Peers, 12/15/22. 3. Distance from the nearest residential property to the centerline. Table 5: 27th Street Vehicle Mix Data Motor-Vehicle Type Daytime % (7 AM to 7 PM) Evening % (7 PM to 10 PM) Night % (10 PM to 7 AM) Total % of Traffic Flow Automobiles 77.5 12.9 9.6 97.6 Medium Trucks 84.8 4.9 10.3 2.2 Heavy Trucks 86.5 2.7 10.8 0.2 Notes: 1 Existing ADT volumes and vehicle distribution provided by Fehr & Peers, 12/15/22. Stationary Noise Prediction Modeling MD utilized the inverse square law to calculate noise level projections due to outdoor dining noise. MD assumed that the maximum number of outdoor guests at any given restaurant would be 40 people. A typical voice would be 65 dBA at 3 feet away when speaking normally. As a worst-case scenario, the calculation assumes that all 40 guests are speaking simultaneously. MD analyzed the minimum allowable distance between an outdoor dining area and a sensitive receptor in order to meet the City’s code. 4.0 Findings Traffic Noise The potential off-site noise impacts caused by the increase in vehicular traffic as a result of the project were calculated at the nearest residential location for each affected road segment. The noise levels both with and without project-generated vehicle traffic were compared and the increase was calculated. The 367 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 7 JN: Noise_Letter Report 4.11.23 final distance to the 55, 60, 65, and 70 dBA CNEL noise contours are also provided for reference (Appendix C). Noise contours were calculated for the following scenarios and conditions (excluding 27th Street):  Baseline Condition: This scenario refers to the baseline traffic noise condition (2019, prior to temporary roadway diversions) and is demonstrated in Table 6.  Baseline + Project Condition: This scenario refers to the baseline plus project traffic noise condition (with roadway diversions in place) and is demonstrated in Table 6. Table 6: Change in Noise Levels as a Result of Project Generated Traffic Roadway Segment Modeled Noise Levels (dBA CNEL) at Nearest Residence Baseline Without Project Baseline With Project Change in Noise Level Increase of 3 dB or more2 8th Street West of Valley Dr 62.8 62.9 0.1 No Hermosa Avenue North of 16th St 66.4 66.4 0.0 No Hermosa Avenue North of 8th St 64.3 64.4 0.1 No Manhattan Avenue North of Pier Ave 59.1 59.1 0.0 No Manhattan Avenue South of Pier Ave 58.1 58.2 0.1 No Monterey Boulevard North of Pier Ave 61.2 61.2 0.0 No Monterey Boulevard South of Pier Ave 60.9 60.9 0.0 No Pier Avenue West of Valley Dr 64.5 64.6 0.1 No Notes: 1 FHWA roadway noise modeling worksheets provided in Appendix C. 2 Typically, the human ear can barely perceive the change in noise level of 3 dB As shown in Table 6, the baseline plus project noise will meet the residential noise limit of 65 dBA CNEL for every roadway segment except for Hermosa Avenue north of 16th Street. However, the noise due to the project will not increase the baseline noise and would not be significant. The baseline and baseline plus project conditions analyzed in this study represent the loudest conditions. 27th Street noise levels for existing, baseline, and baseline plus project traffic conditions were compared and the increase was calculated. The distance to the 55, 60, 65, and 70 dBA CNEL noise contours are also provided for reference (Appendix C). Noise contours for 27th Street were calculated for the following scenarios and conditions:  Baseline Condition: This scenario refers to the baseline traffic noise condition (2019, prior to temporary roadway diversions) and is demonstrated in Table 7.  Existing Condition: This scenario refers to the current traffic noise condition (2022, with roadway diversions in place) and is demonstrated in Table 7. 368 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 8 JN: Noise_Letter Report 4.11.23 final  Baseline + Project Condition: This scenario refers to the baseline plus project traffic noise condition (with roadway diversions in place) and is demonstrated in Table 7. Table 7: 27th Street Change in Noise Levels as a Result of Project Generated Traffic Roadway Segment Modeled Noise Levels (dBA CNEL) at Nearest Residence Baseline (2019) Without Project Existing (2022) Without Project Baseline With Project Change in Noise Level3 Increase of 3 dB or more2 27th Street West of Morningside 67.3 66.0 67.3 0.0 No Notes: 1 FHWA roadway noise modeling worksheets provided in Appendix C. 2 Typically, the human ear can barely perceive the change in noise level of 3 dB. 3. Change in noise level between baseline noise conditions and baseline + project noise conditions. As shown in Table 7, project-generated traffic noise will not increase the baseline traffic noise. Thus, the temporary roadway diversions do not have an impact on the existing or baseline traffic noise conditions. Existing traffic noise along 27th Street has decreased by 1.3 dBA CNEL since 2019 due to a decrease in activity caused by the pandemic. The existing traffic noise will increase by a maximum of 1.3 dBA CNEL as traffic volumes increase to pre-pandemic conditions and will not be a noticeable change in loudness. Thus, the impact is less than significant. Stationary Noise Stationary noise at sensitive receptors cannot exceed the City’s noise limit of 65 dBA CNEL for residential properties, per City standards. As a worst-case scenario, stationary noise was calculated assuming that 40 guests are speaking simultaneously. The average speaking voice is 65 dBA from 3 feet away. 40 people speaking from 20 feet away would be 64 dBA. Thus, the impact due to stationary noise will not be significant if residential locations are located 20 feet or further from future outdoor dining areas. Music (live or otherwise) is not going to be an impact assuming that the noise due to music does not extend past the dining area. Any additional noise sources (speakers, extra guests, etc.) must abide by the City code. 5.0 CEQA Analysis The California Environmental Quality Act Guidelines establishes thresholds for noise impact analysis as presented below: (a) Would the project result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise Code, or applicable standards of other agencies? Transportation Noise Impacts Traffic noise would be significant if levels are increased by more than 3 dBA to levels above 65 dBA CNEL in areas with sensitive uses. Baseline traffic represents the worst-case future traffic when activity returns to pre-pandemic conditions. The worst-case baseline plus project traffic noise levels will meet the residential noise limit of 65 dBA CNEL at seven of the nine roadway segments. Baseline plus project traffic volumes are 369 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 9 JN: Noise_Letter Report 4.11.23 final expected to be up to 0.1 dBA CNEL louder respectively than baseline traffic noise levels at existing land uses and will not result in a significant noise increase. MD also compared baseline (2019) conditions, existing (2022) conditions, and baseline plus project noise conditions for one of the roadway segments. The project will not increase the baseline traffic noise and will not have an impact. Thus, the project will not have an impact on existing noise conditions and is not significant. However, the baseline plus project noise will increase the existing noise by a maximum of 1.3 dBA CNEL due to traffic volumes returning to pre-pandemic conditions. It takes a change of 3 dBA to perceive a change in loudness, thus, the impact is less than significant. Stationary Noise Impacts Stationary noise will be significant if it exceeds the levels outlined in the Hermosa Beach Municipal Code as outlined in Section 2.0. Assuming an outdoor dining area consists of 40 people speaking simultaneously, the noise level due to outdoor dining will meet the City’s standard of 65 dBA CNEL when sensitive receptors (residential locations) are at a minimum of 20 feet away from an outdoor dining area. Music (live or otherwise) is not going to be an impact assuming that the noise due to music does not extend past the dining area. Any additional noise sources (speakers, extra guests, etc.) must abide by the City code. The impact will not be significant. 5.0 Conclusions MD is pleased to provide this noise assessment for the Outdoor Dining Project in the City of Hermosa Beach, CA. The worst-case traffic noise due to the project will increase the baseline conditions by 0 to 0.1 dBA CNEL and will not be significant. A typical outdoor dining area will meet the City’s standard of 65 dBA CNEL. If you have any questions regarding this analysis, please call our office at (805) 426-4477. Sincerely, MD Acoustics, LLC Mike Dickerson, INCE Rachel Edelman Principal Acoustic Consultant 370 Appendix A Glossary of Acoustical Terms 371 Glossary of Terms A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness. Ambient Noise Level: The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. C-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the C-weighted filter network. The C-weighting filter greatly de-emphasizes very high frequency components of the sound and slightly de-emphasizes the very low frequency components. A numerical method of rating human judgment of loudness. Community Noise Equivalent Level (CNEL): The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM. Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A): A-weighted sound level (see definition above). dB(C): C-weighted sound level (see definition above). dB(Z): Z-weighted sound level (see definition of dB above). Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Maximum Sound Level (LMAX): This is the highest sound level measured during a single noise event. Lmax does not consider the number and duration of these events, and cannot be totaled into a one-hour or 24-hour cumulative measure of impact. Habitable Room: Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting 372 corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. Human Sensitivity to Sound: In general, the healthy human ear can hear between 20 Hz to 20,000 Hz. Frequencies below 125 Hz are typically associated with low frequencies or bass. Frequencies between 125 Hz and 5,000 Hz are typically associated with mid-range tones. Finally, frequencies between 5,000 and 20,000Hz are typically associated with higher range tones. The human ear is sensitive to changes in noise levels, depending on the frequency. Generally speaking, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz (A- weighted scale) and perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. At lower and higher frequencies, the ear can become less sensitive depending on a number of factors. Figure 1 provides a brief summary of how humans perceive changes in noise levels. Figure 1: Change in Noise Level Characteristics1 Changes in Intensity Level, dBA Changes in Apparent Loudness 1 Not perceptible 3 Just perceptible 5 Clearly noticeable 10 Twice (or half) as loud https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm L(n): The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly, L50, L90 and L99, etc. Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as "...excessive undesirable sound...". Percent Noise Levels: See L(n). Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Figure 2 provides the sound level associated with common noise sources. 373 Figure 2: Common Sound Levels Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. Single Event Noise Exposure Level (SENEL): The dB(A) level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event. 374 Appendix B Fehr & Peers Traffic Counts 375 Appendix C Traffic Noise Calculations 376 Page 1 of 3 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ESTABLISHING OPERATIONAL AND DESIGN GUIDELINES FOR ENCROACHMENT AREAS ON PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS CITYWIDE WHEREAS, On August 9, 2005, the City Council conducted a public meeting to review the outdoor dining standards and procedures for outdoor dining areas on Pier Avenue adopted in 1997, pursuant to Title 12, Chapter 12.16 of the Municipal Code pertaining to encroachments into the Public Right-of-Way; and WHEREAS, On May 8, 2012, the City Council adopted a resolution amending standards and procedures for the design and operation of outdoor dining areas on Pier Plaza; and WHEREAS, On May 11, 2015 the City Council adopted a resolution further amending the aforementioned standards and procedures for the design and operation of outdoor dining areas on Pier Plaza; and WHEREAS, In October 2021, City Council directed staff to develop permanent versions of the temporary extended outdoor dining programs implemented during the COVID-19 pandemic ; and WHEREAS, City staff has gathered input from the City Council, local businesses and community stakeholders to develop the proposed guidelines for permanent encroachments on Pier Plaza and off-street encroachments citywide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby adopts the attached Plaza Guidelines attached as Exhibit A and incorporate herein. Resolution Nos. 05-6417, 12-6802, and 15-6955 are hereby rescinded. 377 Page 2 of 3 RES NO. 23- SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of this resolution 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. SECTION 4. Environmental Review. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, in accordance with Section 15061, the ‘common sense’ exemption, and Section 15301 which addresses minor alterations of existing public facilities, specifically: 15061(b)(3) – The project is covered by the common sense exemption that applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle- share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. None of the exceptions to the Categorical Exemption apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. The site is not located on a hazardous waste site and would not cause a substantial adverse change in the significance of a historical resource. SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption. The City Manager may delay the implementation of this ordinance to ensure continuity and effective and efficient execution of the Pier Plaza outdoor dining program. 378 Page 3 of 3 RES NO. 23- PASSED, APPROVED and ADOPTED on this 25th day of April, 2023 Raymond Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 379 Exhibit A CITY OF HERMOSA BEACH OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS I. INTRODUCTION A. The Outdoor Dining Design and Operational Standards are adopted pursuant to Section 12.16.100 of the Municipal Code in order to establish specific design and operational criteria for outdoor dining on the public right-of-way known as Pier Plaza (including Loreto Plaza) and other off- street encroachment areas citywide. These standards balance the respective interests of restaurant and establishments that desire to offer outdoor dining to their patrons, restaurant patrons and the City, which encourages the atmosphere created by outdoor dining but seeks to assure and protect the availability of the right-of-way for safe and convenient pedestrian passage. All outdoor dining on Pier Plaza shall comply with the standards set forth herein, and all encroachment permits issued for outdoor dining on Pier Plaza shall be in conformance herewith. No person shall use the public right-of-way on Pier Plaza for outdoor dining without first obtaining an Outdoor Dining Encroachment Permit from the City. These guidelines also apply to retail businesses on Pier Plaza. B. An outdoor dining area is a place on the public sidewalk where patrons may consume food and/or beverages provided by an adjacent food service establishment. C. Establishments serving alcoholic beverages that apply for an Outdoor Dining Encroachment Permit shall meet the additional requirements of the State of California Alcohol Beverage Control Board. D. These standards and procedures regulate the design and operation of outdoor dining areas on Pier Plaza. However, they do not provide information on all the government agency requirements for starting a new restaurant or expanding an existing one. Business owners must secure the appropriate licenses and permits from the State Alcohol Beverage Control Board, Los Angeles County Health Department, the City of Hermosa Beach Community Development Department and Business License Office. E. Outdoor Dining Encroachment Permits are not transferable, salable, delegable or assignable. In the event of a transfer of the business, to the extent of 51% or more, the transferee shall apply to the Public Works Department for a new Encroachment Permit. 380 F.These regulations do not apply to outdoor dining on private property. II.APPLICATION PROCEDURE A.An application form for an Outdoor Dining Encroachment Permit may be obtained from the Public Works Department. A scaled and measured plan prepared by a licensed design professional shall accompany the application form. The plan shall delineate the encroachment area and the layout of furnishings and allowable amenities. The plan shall comply with all building and fire code regulations, and shall comply fully with all State and federal laws providing for access by the disabled. If the Applicant intends to modify the arrangement of furniture and other amenities or otherwise deviate from the plan at any time or times during the term of the Permit, the plan shall delineate all alternate arrangements to be utilized and all shall comply with the requirements set forth herein. The application will also include information on any variations of operating hours that will affect calculation of quarterly encroachment fees. B.An application fee in an amount determined by resolution of the City Council shall be paid at the time the application is submitted to the Public Works Department. C.Public Works Department staff shall obtain the written concurrence of the Community Development Department before approving any Outdoor Dining Encroachment Permit. D.The Director of Public Works is authorized to approve an outdoor dining application and to issue an Outdoor Dining Encroachment Permit on behalf of the City. The Encroachment Permit will specify the amount of the Outdoor Dining License fee to be paid by the applicant as established by resolution of the City Council. E.A maintenance deposit, in an amount not to exceed five thousand dollars ($5000), shall be paid to the City at the time the Outdoor Dining Encroachment Permit is issued. It is the responsibility of the Applicant to maintain sidewalk paving and fixtures within the outdoor dining area in the condition they are in at the time of permitting. The Applicant shall be responsible for any repairs required as a result of the Applicant’s use of the area. Upon termination of the Permit and inspection of the paving and fixtures by the Public Works Department, the deposit shall be refunded to the Applicant less any offset for repairs. F.An application for renewal of an Outdoor Dining Encroachment Permit may be submitted to the Public Works Department on a form obtained 381 from the Director. The application must be filed with the Public Works Department no later than thirty (30) days prior to the expiration of the existing Outdoor Dining Encroachment Permit. Upon determination by the Director that the Permit should be renewed, the Applicant shall pay the annual fee as determined by resolution of the City Council. III. OUTDOOR DINING SITES A. The outdoor dining encroachment area on Pier Plaza shall be a maximum depth of twenty-five feet (25’) and include a clear, continuous pedestrian path not less than five feet (5’) in width or more as deemed appropriate by the Director of Public Works for pedestrian circulation outside of the outdoor dining area. As used herein, pedestrian path means a continuous obstruction-free sidewalk area, paved to City standards, between the outside boundary of the dining area. B. The outdoor dining area shall be accessible to the disabled. The buildings adjacent to these dining areas shall maintain building egress as defined by the Uniform Building Code and Title 24 Disabled Access Standards. C. The final location and configuration of the outdoor dining area shall be subject to approval by the Director of Public Works, who shall consider public safety issues unique to the specific location. D. No underground utilities are permitted within the encroachment area. IV. DESIGN STANDARDS A. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that satisfies both these Standards and the requirements of the Alcohol Beverage Control Board. It is the responsibility of the applicant to research and verify design compliance with the Alcohol Beverage Control Board prior to filing an application for an Outdoor Dining Encroachment Permit. Barriers shall be attractive with a quality appearance, made of new materials such as wood and wrought iron. Barriers shall be of a permeable design that allows for visibility through the barrier. Chain-link fencing or other low quality materials are not permitted. Furnishings that provide the functional equivalent of a fixed barrier may be approved. B. Barriers shall conform to the Public Works Director’s installation standards and be removable. Barriers need not be removed each evening, but shall be capable of being removed; if imbedded into the pavement they 382 must be fixed through the use of recessed sleeves and posts, otherwise by wheels that can be locked into place or weighted in place. No signs or banners of any kind shall be placed, displayed or erected on barriers. C. Any modification to the surface of public sidewalks, such as borings for recessed sleeves, shall be approved by the Director. In no case shall there be any modification to the existing sidewalk surface. D. Barriers shall be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the barriers when in their fixed positions. E. The height of any barrier shall not exceed three feet, six inches (3’- 6”) with the exception that clear glass or plastic windscreens not to exceed six feet, six inches (6’- 6”) in height may also be installed on the westerly side of the encroachment area. F. The use of awnings or umbrellas over the outdoor dining area is permitted, provided they do not interfere with street trees. No portion of an awning or umbrella shall be less than eight feet (8’) above the sidewalk. Umbrellas must be contained in the encroachment area. Awnings may extend up to six feet six inches (6’-6”) from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. On Pier Plaza, retractable awnings may extend up to thirteen feet (13’) from the building front or cover up to one hundred percent (100%) of the outdoor dining area, whichever is less. Retractable awnings shall be fully retracted to their closed position when the business is closed. A building permit must be obtained prior to installation of an awning. G. Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to pedestrians on the adjacent right- of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Lighting shall be installed by a licensed electrician and requires an electrical permit from the Building and Safety Division. H. Tivoli lights, table lamps and candles are encouraged. The use of any candles shall comply with State of California Fire Code and applicable City of Hermosa Beach requirements. I. An Historic Preservation Certificate of Appropriateness shall be required prior to attaching any lights, awnings, or physical barriers to an historic structure that has been designated “landmark” or “significant” by the City Council. J. Flowering plants are encouraged. 383 K. Television sets are permitted with a building permit and electrical permit. L. Heaters are permitted with a building permit, electrical and plumbing permit. M. No queueing is permitted on any encroachment areas. 1. No dine-in restaurant shall permit the congregating or lining up of customers in any public right-of-way. A “dine-in restaurant” means a restaurant that provides customers the option to dine on the site of the restaurant. The congregating or lining up of customers outside a dine- in restaurant, in any manner, on sidewalks or other public rights of way is prohibited. 2. Unless no table is available, a dine-in restaurant must immediately seat a customer in its outdoor dining area if the customer is dining on-site. In the event no table is available, the restaurant staff shall ask the customer to wait in a vehicle or at a location away from the restaurant premises. 3. Dine-in restaurants shall implement a phone reservation or call-back system that notifies customers via text, phone call, or other method once a table has become available. No customer shall be permitted in the dining area until the customer has been notified by the restaurant that he or she can be seated. 4. Restaurant staff shall be responsible for instructing customers not to form lines or congregate in abutting public areas while waiting to be seated. 5. One host/hostess podium located outside the encroachment area is permitted per business as follows: a. The podium shall be a maximum of 30” wide (length), 30” deep, and 48” high. One single-pole umbrella, without advertising, attached to the podium to shield the employee from the elements is permitted; no portion of an umbrella shall be less than eight feet (8’) above the sidewalk. Identification of the business name and menu board may be affixed to the podium provided the dimensions above are not exceeded. Display or sales of merchandise from the podium is not permitted. Any podium that does not comply with these standards shall be located within the encroachment area at all times. b. Podiums placed outside the encroachment area shall be located adjacent to the perimeter of the encroachment area in an approved 384 location on the Encroachment Permit site plan. The podium shall be placed within the encroachment area or inside the business during hours that the business is closed. 6. Portable heaters located outside the encroachment area shall be limited to one heater per 15 feet of linear frontage on the Plaza, provided that heaters need not be spaced at 15-foot intervals. Heaters placed outside the encroachment area shall be located adjacent to the perimeter of the encroachment area in an approved location on the Encroachment Permit site plan. All heaters shall be placed within the encroachment area or inside the business during hours that the business is closed. V. STANDARDS OF OPERATION A. Restaurant management is responsible for running and operating the outdoor dining area and shall not delegate or assign that responsibility. Outdoor dining areas shall be continuously supervised by management. Patrons are prohibited from disturbing customers or passersby on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. B. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items. C. At the end of each business day, establishments are required to clean (sweep and wash) the area in and around the outdoor dining area and remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street in conformance with the City’s NPDES regulations. D. Televisions shall not be operated with audio. E. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. F. Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent right- of-way shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch (1”) between saucer and sidewalk. 385 G. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. H. All plans and permits for the outdoor dining area approved by the City shall be kept on the premises for inspection at all times when the establishment is open for business. I. Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County Health Department and other applicable regulations. J. Upon termination of the Outdoor Dining Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California. K. All existing CUP provisions for the adjoining commercial establishment shall be enforced within the encroachment area. Noise, hours of operation and other city requirements shall be strictly enforced as if the encroachment area were an extension of the permittee's place of business. If the encroachment permit requirements should not agree with the CUP requirements the stricter of the two requirements shall prevail. L. The allowable hours of operation within the outdoor encroachment area shall be consistent with the CUP requirements for a particular permittee. City Council will have the option to extend these hours for special events. City Council may extend or reduce these hours. VI. INSURANCE A. The Applicant shall obtain and maintain in force during the life of the Outdoor Dining Encroachment Permit comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least two million dollars ($2,000,000) covering the applicant’s operation on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected, appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. Both the Certificate of Insurance and the completed standard Special Endorsement form shall be submitted with the completed application for an Outdoor Dining Encroachment Permit. 386 B. The Applicant shall obtain and maintain in force during the life of the Outdoor Dining Encroachment Permit Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than one million dollars ($1,000,000) per accident. C. Comprehensive general liability policy shall provide coverage for all of the Applicant’s outdoor operations and facilities whether or not within the encroachment area. D. The Applicant shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the Applicant’s encroachment on City property, including but not limited to the Applicant’s negligent or wrongful acts, errors or omissions in the construction, erection, operation and continued maintenance of the encroachment in its location. The Applicant shall promptly pay the amount of any judgment rendered against City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. VII. ENFORCEMENT A. Notice of violation of the outdoor dining design standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector, Building Inspector, Police Department Official, or Fire Department Official of the City. A copy of the notice shall be filed with the Public Works Director. The Permittee shall immediately cure the violation upon receipt of notice. If the violation is not cured within ten (10) days after issuance of the notice to the Permittee, the Director may suspend or revoke the Encroachment Permit. B. The Outdoor Dining Encroachment Permit is in the nature of a revocable license, and is revocable at will by the City. The Public Works Director may revoke an Outdoor Dining Encroachment Permit upon thirty (30) days written notice. with or without cause. The Director’s decision may be appealed to the City Council pursuant to the provisions of Chapter 12 of the Hermosa Beach Municipal Code. The City Council’s decision shall be final. 387 Page 1 of 4 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ESTABLISHING PERMANENT LANE RECONFIGURATIONS AND BIKE LANES ON HERMOSA AVENUE AND PIER AVENUE, CLOSING A PORTION OF PUBLIC STREET CONNECTING GREENWICH VILLAGE TO HERMOSA AVENUE, AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, On June 9, 2020, the Hermosa Beach City Council adopted Ordinance No. 20-1410U, Implementing 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 WHEREAS, On July 14, 2020, the City Council extended the provisions of Ordinance No. 20-1410U until at least January 13, 2021, in light of the ongoing pandemic, and directed City staff to work with a traffic engineering consultant to develop options for closing parking 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; and WHEREAS, On August 25, 2020, the City Council approved a resolution authorizing the City Manager to close parts of public streets on a temporary basis and, specifically, a section of Greenwich Village to allow the North End Bar and Grill to have outdoor dining; and WHEREAS, On September 8, 2020, the City Council authorized plans to temporarily close one lane of vehicular traffic in each direction on Pier Avenue, between Hermosa Avenue and Valley Drive, and plans to temporarily close vehicular traffic the northbound and southbound # 2 travel lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th street to facilitate outdoor recreational and economic activity in the City’s downtown area on a temporary basis and add a Class 2 Bike Lane in both directions throughout this project area; and 388 Page 2 of 4 RES NO. 23- WHEREAS, The lane closures were necessary to facilitate outdoor economic and recreational activity in compliance with County Health Officer Orders to reduce the spread of COVID-19. Implementation of the Order was thus exempt from the California Environmental Quality Act (“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)); and WHEREAS, In October 2021, City Council directed staff to develop permanent versions of the temporary extended outdoor dining and lane reconfiguration programs implemented during the COVID-19 pandemic; and WHEREAS, City staff has worked with traffic engineering professionals to determine that these permanent lane reconfigurations, street closures, and bicycle lanes are an acceptable and desirable complement to the proposed permanent outdoor dining program; and WHEREAS, the City has studied the environmental impacts of the project and has declared that the proposed temporary project is categorically exempt under CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference; and SECTION 2. The City Council hereby authorizes the following: A.The closure of one lane of vehicular traffic in each direction on Pier Avenue, between Hermosa Avenue and Valley Drive; B. The closure of the northbound and southbound # 2 travel lanes (closest to the curb) of vehicular traffic on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th street; C. The addition of a Class 2 Bike Lane in both directions throughout the project area; and D. The closure of parts of public streets connecting Greenwich Village to Hermosa Ave. 389 Page 3 of 4 RES NO. 23- The closures and bike lane additions are detailed in the attached Exhibit “A” is incorporated into this Resolution. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of this resolution is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this resolution. SECTION 4. Environmental Review. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, as follow: The Lane Reconfiguration component of the project is exempt in accordance with Section 15301 which addresses minor alteration of existing public facilities; and Section 15304 which addresses minor alterations to public land. More specifically, the following two subcategories of exemption both apply. 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. 15304(h) – The creation of bicycle lanes on existing rights-of-way. Environmental analysis in support of these exemptions is attached as Exhibit “B” and is incorporated into this resolution. SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption. . PASSED, APPROVED and ADOPTED on this 25th day of April, 2023 Raymond Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA 390 Page 4 of 4 RES NO. 23- ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 391 Exhibit B 392 OUTDOOR DINING PROGRAM Supplemental Environmental Analysis In addition to identifying the project’s exemption status under CEQA, City Staff and consultants reviewed the proposed project’s potential to result in adverse environmental effects, guided by the topics of the Initial Study checklist derived from Appendix G of the CEQA Guidelines. The Initial Study checklist is used by the City to determine the potential for environmental effects and the possible need for an Environmental Impact Report or other forms of CEQA documentation. A. Direct physical Impacts Impacts of proposed projects are of two types – construction related impacts and operational (post-construction) impacts. Most construction-related impacts are avoided if the project results in no, or minimal, subsurface disturbance of soils, grading or excavation, as is the case with the proposed Outdoor Dining Program. Because the project will not result in substantial subsurface disturbance, it will not significantly affect any of the following natural or cultural resources considered under CEQA: ▪Geology & Soils ▪Biological Resources ▪Hydrology & Water Quality ▪Wildlife ▪Agriculture & Forestry ▪Cultural Resources (including Historical & Paleontological Resources) ▪Tribal Resources ▪Mineral Resources None of these resources will be impacted by the project as a result of either construction-related or operational impacts. B. Impacts to Services, Facilities, Utilities and Housing A small group of potential impacts addressed under CEQA relate to adverse effects on public services (police and fire), utilities (water, waste water, storm drain), public facilities (parks, schools, libraries) and housing. Impacts to these resources result when a project introduces a substantial number of new residents into the local population, or a substantial number of additional employees, or otherwise create s an increased demand for these services. Although the outdoor dining project has the potential to result in a minor increase in seating capacity at local restaurants, a potential incremental increase in patronage will not substantially increase the demand for services, or in the capacity of public utilities or facilities, or result in a substantial increase in housing demand. Nor will the project directly impact public facilities or utilities physically, either during construction or as an effect of their long-term operation. Avoidance of any physical impact is assured through the project’s provision that the use does not obstruct access to public utilities 393 and infrastructure for emergency or maintenance purposes (See Project Characteristics). C. Conflicts with Land Use Plans, Policies and Regulations Impact assessment under CEQA considers a project’s potential conflict with any land use plan, policy or regulation adopted for the purpose of avoiding an environmental effect. The proposed project poses no such conflict and thus avoids this category of potential impact. D. Transportation and Traffic The evaluation of potential impacts related to transportation (including traffic) under CEQA is limited to four topics: (1)Will the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The lane configuration component of the project propose s to modify lanes in specific road segments. Rather than conflict with programs, plans, ordinances or policies addressing the circulation system, the project implements policies of Goal 3 of PLAN Hermosa’s Mobility Element, including Policy 3.1 Enhance public right -of-ways, Policy 3.6 Complete bicycle network, Policy 3.8 Encourage shared streets, and Policy 3.10 Require ADA standards. Consistent with its goal to improve safety for multimodal traffic, the project will result in the addition of approximately 7,000 linear feet of new Class II bike lanes available for electric and conventional bicycles and other wheeled devices, and new on-street ADA accessible parking spaces with associated signage and pavement markings. (2)Will the project result in a significant increase in vehicle miles travelled? Based on screening thresholds recommended by the Governor’s Office of Pla nning and Research1, a project that consists of less than 50,000 square feet of retail use (including retail restaurants) will not have a significant impact related to vehicle miles travelled (VMT) and is too small to warrant a technical analysis of VMT impacts. The proposed project has a maximum square footage of 9,500 square feet, well below the recommended screening threshold. (3)Will the project substantially increase hazards due to a geometric design feature? The proposed lane reconfigurations are identical to those that have been put in place under the temporary outdoor dining program. They were designed by the City’s traffic engineer to avoid the creation of any hazardous conditions. 1 Governor’s Office of Planning and Research (OPR), 2018, Technical Advisory on Evaluating Transportation Impacts in CEQA. https://opr.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf 394 (4) Will the project result in inadequate emergency access? The City’s traffic engineer has determined that the proposed lane reconfigurations with their reduction in vehicular travel lanes will not result in inadequate emergency access at any of the proposed locations, or along any designated emergency route. Traffic Issues Raised by the Public In addition to the questions posed by CEQA, the supplemental environmental analysis addressed comments received from the public. In correspondence received by City Staff in June 2022, a Hermosa Beach resident, speaking of the temporary outdoor dining program, asserted that “the Pier Avenue Lane Reduction Project has shifted more and more commercial and commuter traffic into residential neighborhoods and turned 27th street into a defacto truck-route serving the plaza area businesses.” To respond to this concern, City Staff and consultants performed a technical analysis focused on the question of traffic diverting from downtown as a result of the temporary lane reductions and impacting other areas in the city. The study investigated potential diversion effects throughout the city, but also specifically investigated the question of traffic diversion impacting the segment of 27th Street between Hermosa Avenue and Morningside Drive. The study also analyzed the potential for the proposed project to induce significant traffic diversion under future conditions with the project and regional background traffic considered. The analysis examined trip distribution along primary and secondary routes for trips travelling to or from Downtown and found that 27th Street experienced a 1% decrease in distribution of downtown trips from 2019 (prior to lane reconfigurations) to 2021 (with lane reconfigurations in place). Total vehicular activity on 27th Street decreased by approximately 15% from Summer 2019 to Summer 2021. These observations lead the traffic engineers to conclude that lane reductions are not contributing significant traffic diversions onto secondary routes and 27th Street, and are not likely to do so as a result of the proposed project. The full technical analysis is provided in Appendix A (Fehr & Peers, January 2023). E. Noise Impacts A technical noise study was conducted to identify the potential for the project to result in significant impacts from roadway noise (increased traffic) or from noises related to outdoor dining. The study identified future noise levels on nine roadway segments, eight of which were selected because they serve the downtown area where most of the areas proposed to be eligible for outdoor dining are located. The study found that roadway noise with the maximum allowable outdoor dining (worst case) and lane reconfigurations in place, and with future background region al traffic conditions in place, would increase 0.1 dBA CNEL or less, at a distance of 30 feet from the roadway centerline, when compared to the baseline conditions of 2019 when outdoor dining and lane reconfigurations were not in place. In the case of the ninth roadway segment, 27th 395 Street west of Morningside Drive, the study found that roadway noise will decrease by an estimated 0.0 to 0.1 dBA, compared to 2019 baseline conditions. Potential noise sources associated with outdoor dining activities include noise generated by outdoor restaurant patrons conversing, potentially at high volumes and/or in large groups. The study identified the potential noise level under extreme worst case conditions (40 persons dining together and all talking at once) and determined that the City’s exterior noise standard of 65 CNEL would not be exceeded under those conditions at a distance of 20 feet. City Staff has determined that no proposed dining areas are within 20 feet of a residence or residential property line. The proposed project explicitly prohibits amplified or live music from being audible beyond outdoor dining areas. Televisions may be allowed, but only with audio turned off. These restrictions ensure the project will not adversely impact the acoustic environment. The technical noise study (MD Acoustics, April 2023a) is provided in Appendix A. F. Air Quality, Greenhouse Gas Emissions and Energy Impacts A technical assessment was performed to evaluate the project’s potential to result in significant impacts related to air quality, greenhouse gas emissions and energy consumption. The study found that the project’s air quality emissions are well below the AQMD’s significance thresholds (7% or less of threshold levels for criteria pollutants) and that the project is well below screening thresholds for significant contributions to greenhouse gas emissions. The project was found not to have impacts related to excessive or wasteful energy consumption. The technical study (MD Acoustics, April 2023b) is provided in Appendix A. G. Visual Resources Neither the proposed lane reconfigurations nor the dining decks and their related features (planters, umbrellas, heaters, podiums, tables and chairs, etc.) are large enough in scale individually or cumulatively to substantially degrade the existing visual character or quality of public views, or significantly obstruct scenic vistas from any of the prominent public viewpoints identified in PLAN Hermosa. Overhead objects (poles, posts, canopies, signs, etc.) are restricted in height to 8 feet above ground level. H. Cumulative Impacts For all categories of potential environmental effects considered by CEQA, the proposed Outdoor Dining Project has no environmental effect or, in some cases, a very minimal effect that is well below thresholds of a significant impact. Based on this environmental assessment and the supporting technical studies prepared to evaluate the project’s impacts, there is sufficient substantial evidence to support the statement that the project would not trigger significance thresholds even if it were 2 to 3 times greater in 396 magnitude (square footage) than proposed. Its contribution to cumulative potential cumulative effects on the environment is non-substantial and not significant. I. Summary In summary, the proposed Outdoor Dining Program does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to decrease below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the numbe r or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory. Nor will the project jeopardize long-term environmental goals in favor of short-term environmental goals, being consistent with the long-term goals established by the City as reflected in the General Plan. The project as proposed and with implementation of all standard conditions of approval and compliance with proposed City ordinances, resolutions and guidelines will have no significant impacts to humans, directly or indirectly. Nor does the project have impacts which are cumulatively considerable. * * * In defining activities that are categorically exempt, CEQA does not assert that activities conforming to the exemption categories of Section 15300 will have no impacts. Rather, CEQA’s categorical exemption provision establishes as a matter of law that imp acts of categorically exempt projects are effectively de minimus and the Secretary for Resources has found that they do not have a significant effect on the environment . As such they require no further analysis, documentation or disclosure. The supplemental analysis performed for this project is above and beyond the requirements of CEQA, especially for a project of this scale and which causes no substantial disturbance to the physical environment. It was conducted by Staff to facilitate a clear and transparent understanding of the CEQA determination for the project, and to address questions raised in public testimony related to potential effects of the City’s temporary outdoor dining program and the CEQA process that would accompany the proposed permanent outdoor dining project. 397 Appendix A 398 399 400 401 402 100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 294-5848 | www.fehrandpeers.com Memorandum Date: February 21, 2023 To: Douglas Krauss, Environmental Programs Manager– City of Hermosa Beach Ed Almanza, Ed Almanza & Associates From: Sean Reseigh, Senior Transportation Planner, and Michael Kennedy, Principal – Fehr & Peers Subject: CEQA Transportation Assessment for City of Hermosa Beach Outdoor Dining Program LB22-0029.02 Introduction This memorandum documents Fehr & Peers’ evaluation of the potential for significant transportation impacts under the California Environmental Quality Act (CEQA) associated with the City of Hermosa Beach’s proposed outdoor dining program in Downtown Hermosa Beach. Project Description The City of Hermosa Beach’s proposed outdoor dining program would allow for permanent outdoor dining primarily along Pier and Hermosa Avenues (“proposed Project”). Temporary pilot outdoor dining was implemented during the COVID-19 pandemic. Under the proposed permanent outdoor dining program, a cap of 9,500 square feet Citywide of outdoor dining use would be implemented. These uses would be associated with existing restaurants and incidental to their existing operations. The location of potential outdoor dining is expected to primarily continue to be in Downtown Hermosa Beach, where 87% of the commercially zones parcels are located. However, up to 13% of the total commercially zoned parcels are located outside of Downtown Hermosa Beach, so a limited amount of outdoor dining could be located in other parts of the City. Due to the concentration of outdoor dining expected in Downtown relative to other parts of the City, this impact analysis is focused on the evaluation of travel to/from Downtown, as it constitutes the highest potential for significant transportation impacts associated with outdoor dining. Outside of Downtown, any outdoor dining is expected to be very limited in nature, and therefore, unlikely to have any significant transportation impacts under CEQA. Outdoor dining is expected to primarily continue to occur in converted on-street parking spaces. 403 Douglas Krauss & Ed Almanza February 21, 2023 Page 2 of 8 CEQA Transportation Evaluation Impact Criteria Pursuant to Appendix G of the CEQA guidelines, impacts to transportation would be considered significant if the proposed Project were found to: 1. Conflict with a program, plan, ordinance, or policy (PPOP) addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. 2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). CEQA Guidelines Section 15064.3, subdivision (b) includes the criteria for analyzing transportation impacts for land use projects, as follows: Vehicle miles traveled (VMT) exceeding an applicable threshold of significance may indicate a significant impact. 3. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). 4. Result in inadequate emergency access. Impact Analysis The following details the qualitative evaluation of the proposed Project under these impact criteria. Criterion 1: Conflict with a program, plan, ordinance, or policy The proposed Project is not expected to conflict with any local or regional programs, plans, ordinances or policies when adopted by the City Council of the City of Hermosa Beach. Criterion 2: Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) The ultimate level of vehicle miles travelled generated by the proposed Project will depend on the types of restaurant uses that apply for and are granted approval for outdoor dining, as well as whether or not they are locally or regionally serving uses, which would affect mode choice (how many drive, take transit, bike or walk to a use), as well as the average vehicle trip length. Guidance from the Governor’s Office of Planning and Research (OPR) in the Technical Advisory on Evaluating Transportation Impacts in CEQA 1 provides recommended screening thresholds to determine whether VMT analysis would be required, based on project characteristics, including: • Locally serving retail • Small project • Transit Priority Area (TPA) 1 https://opr.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf. Accessed 1.6.2023. 404 Douglas Krauss & Ed Almanza February 21, 2023 Page 3 of 8 • Low VMT Area The proposed Project is expected to qualify for the locally serving retail screening criteria as discussed below. It is not expected to qualify for small project or TPA screening, and low VMT area screening applies only to office and residential uses. As recommended by OPR, 50,000 square feet of retail uses can be considered locally serving. Locally serving retail may include specialty retail, shopping center, grocery store, pharmacy, financial services/banks, fitness center or health club, restaurant, and café. According to OPR’s Guidance, the proposed Project is considered locally serving and presumed to have a less than significant impact related to VMT, and no further quantitative VMT analysis is required. Criterion 3: Substantially increase hazards due to a geometric design feature The proposed Project will not alter street design, it will simply allow for the continuation of the temporary outdoor dining program on a permanent basis. Consistent with the temporary outdoor dining program, this will occur primarily within on-street parking stalls, which will be protected by jersey barriers, or other traffic safety devices subject to the approval of the City’s Traffic Engineer to ensure safe separation between outdoor diners and vehicles on City roadways. Outdoor dining areas will not impede on sight distance for motorists and pedestrians, as protective jersey barriers are lower than the height of drivers and pedestrian lines of sight. Therefore, the proposed Project’s impact under this criterion will be less than significant. Criterion 4: Result in inadequate emergency access. The proposed project will not alter street design or parcel access that could affect emergency access. It will solely modify existing on-street parking stalls to allow for outdoor dining, which will have no effect on access. Additionally, the proposed Project will add negligible traffic volumes to roadways in the City as further detailed below. Therefore, the proposed Project’s impact under this criterion will be less than significant. Proposed Project Trip Generation While a quantitative VMT impact analysis is not needed because the proposed Project can be screened as locally serving, to support CEQA impact analyses associated with air quality and noise impact areas, Fehr & Peers prepared trip generation estimates for the proposed Project. The ultimate trip generation will vary based on the types of restaurant uses that apply for and are approved for permanent outdoor dining under this program. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, was used to estimate daily and AM and PM peak hour trips reflecting the different restaurant uses that are present in Downtown Hermosa Beach. They include: • Fast Casual Restaurant (example: Chipotle on Pacific Coast Highway) 405 Douglas Krauss & Ed Almanza February 21, 2023 Page 4 of 8 • Fine Dining Restaurant (example: Zane’s on Pier Avenue) • High Turnover- Sit Down Restaurant (example: Fritto Misto on Pier Avenue • Drinking Place (example: Hennessey’s Tavern on Pier Plaza) Table 1 presents the daily and AM and PM peak hour estimates for the proposed Project. Scenario 1 presents the worst-case trip generation estimates for the proposed Project, assuming that 100% of the 9,500 square feet of outdoor dining are associated with the High-Turnover Sit Down Restaurant trip rate, which has the highest daily trip rate compared with the other restaurant categories. Daily trip generation estimates for this scenario are 1,072 trips, with 96 trips in the AM peak hour, and 91 trips in the PM peak hour. In addition to using the highest trip rate, this analysis likely also overestimates the number of trips because it does not account for potential walk/bike access to Downtown Hermosa Beach, or for visitors to the coastal zone also choosing to patronize a local restaurant, which would both result in reduced trip generation compared with standard ITE rates. Additionally, because outdoor dining uses will be incidental to existing indoor restaurants, they are unlikely to generate vehicle trips at the level of trip generation accounted for in ITE rates. However, the numbers are presented here for a potential worst-case trip generation estimate. Scenario 2 presents a more realistic scenario with the variety of restaurant use types in Hermosa Beach. For this scenario, the spit is assumed to be equal across the four categories. As with Scenario 1, it is still expected to be an overestimation of potential vehicle trips, as it does not account for walk/bike access and internalization of trips from visitors to the coastal zone. Daily trip generation for this scenario is 749 trips, with 30 AM peak hour and 102 PM peak hour trips. Table 1: Proposed Project Daily AM and PM Peak Hour Trip Generation Estimates [a] Source: Institute of Transportation Engineers Trip Generation 11th Edition, analysis by Fehr & Peers, 2023, StreetLight Data, 2022. Proposed Project Trip Assignment In order to estimate the worst-case trip generation estimates on roadways used to access Downtown Hermosa Beach, Fehr & Peers used StreetLight Data, a cell phone based origin destination data set to evaluate the share of total travel to/from Downtown Hermosa Beach on various roadways. Due to changes in transportation conditions over the COVID-19 pandemic, data 406 Douglas Krauss & Ed Almanza February 21, 2023 Page 5 of 8 for Summer 2019, 2020 and 2021 were analyzed to determine if there were varying travel patterns across those years. Table 2 presents the percentage share of total travel to/from Downtown Hermosa Beach at nine study locations on 27th Street, 8th Street, Hermosa Avenue, Manhattan Avenue, Monterey Boulevard, and Pier Avenue. While the table presents the minor variations in the StreetLight Data share of travel to/from Downtown Hermosa Beach over the three years analyzed, Summer 2021 is considered the most typical, as most businesses had reopened from the temporary closures associated with the COVID-19 pandemic. Therefore, Summer 2021 distribution was used to estimate trips on the study locations. Table 3 details the worst-case daily proposed Project-only trips expected at each of these study locations. They were estimated by applying the 2021 StreetLight Data trip distribution percentage to daily trip generation for Scenarios 1 and 2. Pier and Hermosa Avenues are expected to carry the vast majority of trips to/from Downtown Hermosa Beach associated with outdoor dining. The other corridors will experience negligible increases in trips per day. To be conservative 100% of the outdoor dining is assumed to occur in Downtown Hermosa Beach in order to estimate the worst-case traffic volume increases that could occur on roadway segments in the City. Table 2: StreetLight Data Daily Distribution of Travel to/from Downtown Hermosa Beach Study Corridor Location Summer 2019 Daily % of Total Travel Summer 2020 Daily % of Total Travel Summer 2021 Daily % of Total Travel 1. 27th Street (west of Morningside) 7.0% 5.9% 6.2% 2. 8th Street (west of Valley 7.4% 7.2% 6.0% 3. Hermosa Avenue (north of 16th) 17.2% 16.9% 17.1% 4. Hermosa Avenue (north of 8th) 21.7% 22.7% 22.6% 5. Manhattan Avenue (north of Pier) 2.9% 1.6% 2.0% 6. Manhattan Avenue (south of Pier) 2.5% 2.0% 2.1% 7. Monterey Boulevard (north of Pier) 2.2% 2.0% 1.6% 8. Monterey Boulevard (south of Pier) 3.0% 2.3% 2.5% 9. Pier Avenue (west of Valley) 36.1% 39.4% 39.9% Source: Fehr & Peers, 2023, StreetLight Data, 2022. 407 Douglas Krauss & Ed Almanza February 21, 2023 Page 6 of 8 Table 3: Proposed Project Daily Trips on Corridors Serving Downtown Hermosa Beach Study Corridor Location Scenario 1 Daily Project Only Trips Scenario 2 Daily Project Only Trips 1. 27th Street (west of Morningside) 64 44 2. 8th Street (west of Valley 61 42 3. Hermosa Avenue (north of 16th) 174 122 4. Hermosa Avenue (north of 8th) 230 161 5. Manhattan Avenue (north of Pier) 21 15 6. Manhattan Avenue (south of Pier) 22 15 7. Monterey Boulevard (north of Pier) 16 11 8. Monterey Boulevard (south of Pier) 25 18 9. Pier Avenue (west of Valley) 405 283 Source: Fehr & Peers, 2023 Baseline + Project ADT Volumes In order to estimate pre-project (2019) pre-pandemic baseline conditions, StreetLight Data were used to estimate average daily traffic (ADT) for 2019, as no in-field collected traffic counts were available for pre-pandemic conditions. 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, Origin-Destination (O-D) and more. StreetLight algorithmically transforms trillions of location data points into contextualized, aggregated, and normalized travel pattern data to deliver unique 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 were used to estimate ADT for summer (July & August) weekend days in 2019. ADT on the study segments are presented in Table 4, which also includes proposed Project trips, and the expected percent change in daily traffic volumes associated with the proposed Project. As shown in the table, under Scenario 1, the maximum change in daily segment traffic volumes change is expected to be approximately 2.3%. Under Scenario 2, the maximum change is approximately 1.6%. 408 Douglas Krauss & Ed Almanza February 21, 2023 Page 7 of 8 Cumulative Conditions In order to assess the potential for increased traffic volumes under cumulative conditions, Fehr & Peers reviewed the traffic analysis conducted for the P LAN Hermosa environmental impact report. Based on analysis from the Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP) forecasting model, as well as the modelling conducting for PLAN Hermosa, regional traffic volumes are not expected to increase, as land use patterns change to focus more on urban infill housing, as the regional transportation network is developed, and as transportation demand management (TDM) measures become more commonplace. As noted in the PLAN Hermosa Drafty EIR, “PLAN Hermosa would guide future development and reuse projects in the city in a manner that would not increase overall demand for travel within Hermosa Beach… Regional population and employment growth will not result in increased vehicular travel demand.”2 Therefore, the Baseline plus Project traffic volumes contained in this memorandum represent the expected worst-case scenario. While the PLAN Hermosa Draft EIR noted that vehicular travel demand is expected to reduce Citywide, due to some localized travel pattern changes, the PLAN Hermosa EIR projected an increase in peak hour traffic volumes at the intersection of Manhattan Avenue & 27th Street. However, PLAN Hermosa would reduce traffic volumes at that location compared to the Future without PLAN Hermosa scenario. Appendix G to the PLAN Hermosa Draft EIR includes peak hour traffic volume changes at study intersections. The primary change to traffic volumes forecast in the PLAN Hermosa Draft EIR were on the eastbound left movement, so most of the increased volumes would not travel on 27th Street, and instead would continue northbound on Manhattan Avenue. Therefore, even under Cumulative conditions, traffic volumes on 27th Street west of Morningside Drive are not expected to substantially increase. While not needed for CEQA transportation impact analysis, the volumes provided in this memorandum serve as input data for the air quality and noise impact analysis of the proposed Project. 2 PLAN Hermosa Draft Environmental Impact Report, City of Hermosa Beach, 2016. Page 4.14-45. Accessed 2/20/23 from https://www.hermosabeach.gov/home/showpublisheddocument/8538/637001018228830000 409 Douglas Krauss & Ed Almanza February 21, 2023 Page 8 of 8 Table 4: Baseline plus Proposed Project Daily Trips on Corridors Serving Downtown Hermosa Beach Study Corridor Location Baseline (2019) ADT Scenario 1 Project Only ADT Scenario 2 Project Only ADT Baseline + Scenario 1 ADT Baseline + Scenario 2 ADT Scenario 1 Delta (%) Scenario 2 Delta (%) 1. 27th Street (west of Morningside) 8,081 64 44 8,145 8,125 0.8% 0.5% 2. 8th Street (west of Valley) 6,256 61 42 6,317 6,298 1.0% 0.7% 3. Hermosa Avenue (north of 16th) 14,466 174 122 14,640 14,588 1.2% 0.8% 4. Hermosa Avenue (north of 8th) 15,003 230 161 15,233 15,164 1.5% 1.1% 5. Manhattan Avenue (north of Pier) 2,334 21 15 2,355 2,349 0.9% 0.6% 6. Manhattan Avenue (south of Pier) 2,121 22 15 2,143 2,136 1.0% 0.7% 7. Monterey Boulevard (north of Pier) 3,839 16 11 3,855 3,850 0.4% 0.3% 8. Monterey Boulevard (south of Pier) 4,014 25 18 4,039 4,032 0.6% 0.4% 9. Pier Avenue (west of Valley) 17,563 405 283 17,968 17,846 2.3% 1.6% Source: Fehr & Peers, 2023 410 AZ Office CA Office 4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: 0AQ etc. 4.12.23 final April 3, 2023 To: Ed Almanza & Associates From: MD Acoustics, LLLC Subject: Hermosa Beach Downtown Outdoor Dining Project –Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation, City of Hermosa Beach, CA MD Acoustics, LLC (MD) has completed a focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation for the proposed Hermosa Beach Downtown Post-Pilot Installation Vehicular Changes Project located in the City of Hermosa Beach, California. The purpose of this focused study is to evaluate the air quality and greenhouse gas operational emissions as well as energy consumption of the proposed project, and to compare projected emissions and energy consumption to the relevant thresholds of significance. A list of definitions and terminology is located in Appendix A. 1.0 Project Description The project proposes that certain commercial establishments may provide outdoor dining in public right- of-way areas (including on-street parking areas and sidewalks) in the downtown area of Hermosa Beach. The project would reconfigure travel lanes to accommodate areas where outdoor dining would be allowed and to provide lanes for bicycles and other zero-emission modes of transportation. 2.0 AQ/GHG Thresholds of Significance 2.1 AQ Significance Thresholds Project emissions were compared to both regional and localized SCAQMD’s thresholds of significance for operational emissions1,2. 2.2 GHG Significance Thresholds The project emissions were compared to the SCAQMD’s 3,000 MTCO2e draft threshold for all land uses3. 3.0 Evaluation Procedure/Methodology MD utilized the latest version of CalEEMod (2022.1) to calculate the operational emissions from the project site4. The project was modeled to be operational in 2023. Regional emissions were based on an increase of 1,018 trips per day, based on the maximum scenario generated by the traffic analysis from Fehr & Peers, with a ten-mile trip length for a conservative estimate, and localized emissions were based on a two-mile trip length to approximately cover the project area twice. As stated by Fehr & Peers, the project is not anticipated to increase traffic regionally, and the estimates used in this analysis are a worst- case scenario. CalEEmod defaults were utilized. Assumptions and output calculations are provided in Appendix C. 1 https://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf 2 https://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized-significance-thresholds 3 https://www.aqmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/ghg-significance-thresholds/page/2 4 https://www.caleemod.com/ 411 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 2 JN: AQ etc. 4.12.23 final 4.0 Local Ambient Conditions The project site is located in South Coast Air Basin (SCAB) in the Southwest Coastal Los Angeles Source Receptor Area (SRA) 35. The nearest air monitoring station to the project site is the Los Angeles- Westchester Parkway Monitoring Station. Historical air quality data for the vicinity can be found both at CARB and SCAQMD’s websites6,7. Temperature and historical precipitation data can be found at the Western Regional Climate Center (WRCC)8. 5.0 Findings The following outlines the emissions for the project: 5.1 Regional Operational Emissions The operating emissions were based on year 2023, which is the anticipated opening year for the project. The number of trips was based on the transportation assessment from Fehr & Peers9 and a trip length of 10 miles. The summer and winter emissions created by the proposed project’s long-term operations were calculated and the highest emissions from either summer or winter are summarized in Table 1. The data in Table 1 shows that the operational emissions for the project would not exceed the SCAQMD’s regional significance thresholds. Table 1: Regional Significance – Operational Emissions (lbs/day) Activity Pollutant Emissions (pounds/day)1 VOC NOx CO SO2 PM10 PM2.5 Mobile Sources2 4.00 3.47 38.60 0.08 2.89 0.56 SCAQMD Thresholds 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Notes: 1 Source: CalEEMod Version 2022.1 2 Mobile sources consist of emissions from vehicles and road dust. 5.2 Localized Operational Emissions Table 2 indicates that the local operational emission would not exceed the LST thresholds at the nearest sensitive receptors, located adjacent to the project. This was based on trip lengths of two miles and localized significance thresholds for a 25-meter distance to the nearest sensitive receptor and a one-acre project size, which is a highly conservative comparison as the project is spread over more than 100 acres across Hermosa Beach. Therefore, the project will not result in significant Localized Operational emissions. 5 https://www.aqmd.gov/docs/default-source/default-document-library/map-of-monitoring-areas.pdf?sfvrsn=6 6 https://www.aqmd.gov/home/library/air-quality-data-studies/historical-data-by-year 7 https://www.arb.ca.gov/adam/ 8 https://www.wrcc.dri.edu/summary/Climsmsca.html 9 Fehr & Peers. CEQA Transportation Assessment for City of Hermosa Beach Outdoor Dining Program. February 21, 2023. 412 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 3 JN: AQ etc. 4.12.23 final Table 2: Localized Significance –Operational Emissions (lbs/day) Phase On-Site Pollutant Emissions (pounds/day)1 NOx CO PM10 PM2.5 Mobile Sources2 0.69 7.72 0.58 0.11 SCAQMD Threshold2 91 664 1 1 Exceeds Threshold? No No No No Notes: 1 Source: Calculated from CalEEMod and SCAQMD’s Mass Rate Look-up Tables for one-acre, to be conservative, in Southwest Coastal Los Angeles Source Receptor Area (SRA 3). 2 The nearest sensitive receptors are the residential uses located along the multiple routes being studied; therefore, the 25-meter threshold was utilized. 5.3 GHG Emissions Table 3 outlines the construction and operational GHG emissions for the project. The project’s emissions are below (1,386 MTCO2e) the SCAQMD’s draft screening threshold of 3,000 MTCO2e for all land uses and; therefore, the impact is less than significant. Table 3: Opening Year Project-Related Greenhouse Gas Emissions Category Greenhouse Gas Emissions (Metric Tons/Year)1 Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e Mobile Sources4 0.00 1,365.00 1,365.00 0.07 0.06 1,386.00 SCAQMD Draft Screening Threshold 3,000 Exceeds Threshold? No Notes: 1 Source: CalEEMod Version 2022.1 4 Mobile sources consist of GHG emissions from vehicles. 5.4 CO Hotspot Analysis CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. Local air quality impacts can be assessed by comparing future without and with project CO levels to the State and Federal CO standards which can be found from the CARB website.10 To determine if the proposed project could cause emission levels in excess of the CO standards, a sensitivity analysis is typically conducted to determine the potential for CO “hot spots” at a number of intersections in the general project vicinity. Because of reduced speeds and vehicle queuing, “hot spots” potentially can occur at high traffic volume intersections with a Level of Service E or worse. Micro-scale air quality emissions have traditionally been analyzed in environmental documents where the air basin was a non-attainment area for CO. However, the SCAQMD has demonstrated in the CO attainment redesignation request to EPA that there are no “hot spots” anywhere in the air basin, even at intersections with much higher volumes, much worse congestion, and much higher background CO levels 10 https://ww2.arb.ca.gov/resources/carbon-monoxide-and-health 413 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 4 JN: AQ etc. 4.12.23 final than anywhere in Riverside County. If the worst-case intersections in the air basin have no “hot spot” potential, any local impacts will be below thresholds. The traffic impact analysis showed that the project would generate a maximum total of 1,018 trips per day, and the maximum daily trips in a single corridor would be 17,968 along Pier Avenue (west of Valley). The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. The volume of traffic at project buildout would be well below 100,000 vehicles and below the necessary volume to even get close to causing a violation of the CO standard. Therefore, no CO “hot spot” modeling was performed and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed project. 5.5 Cumulative Regional Air Quality Impacts Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the project’s air quality must be generic by nature. The project area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of cumulative projects will further degrade the local air quality, as well as the air quality of the South Coast Air Basin. The greatest cumulative impact on the quality of regional air cell will be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. Therefore, as the project does not exceed any of the thresholds of significance, the project is considered less than significant. Additionally, per the project traffic analysis from Fehr & Peers (and the PLAN Hermosa EIR), cumulative traffic volumes are expected to decrease regionally, in addition to a long-term decease in local traffic volumes as a result of implementation of the City’s General Plan. 5.6 Consistency with Applicable Plans Consistency with AB32 Scoping Plan The ARB Board approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy to achieve the 2020 greenhouse gas emissions limit. The Scoping Plan “proposes a comprehensive set of actions designed to reduce overall greenhouse gas emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health” (California Air Resources Board 2008). The measures in the Scoping Plan have been in place since 2012. 414 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 5 JN: AQ etc. 4.12.23 final This Scoping Plan calls for an “ambitious but achievable” reduction in California’s greenhouse gas emissions, cutting approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today’s levels. In May 2014, the CARB released its First Update to the Climate Change Scoping Plan (CARB 2014). This Update identifies the next steps for California’s leadership on climate change. In November 2017, the CARB released the 2017 Scoping Plan. This Scoping Plan incorporates, coordinates, and leverages many existing and ongoing efforts and identifies new policies and actions to accomplish the State’s climate goals, and includes a description of a suite of speci fic actions to meet the State’s 2030 GHG limit. The 2017 Scoping Plan builds upon the successful framework established by the Initial Scoping Plan and First Update, while identifying new, technologically feasible, and cost-effective strategies to ensure that California meets its GHG reduction targets. As the project was found to not increase traffic regionally by Fehr & Peers in the project traffic assessment, the project is consistent with the Scoping Plan. Consistency with SCAG’s 2020-2045 RTP/SCS At the regional level, the 2020-2045 RTP and Sustainable Communities Strategy represent the region’s Climate Action Plan that defines strategies for reducing GHGs. In order to assess the project’s potential to conflict with the RTP/SCS, this section analyzes the project’s land use profile for consistency with those in the Sustainable Communities Strategy. Generally, projects are considered consistent with the provisions and general policies of applicable City and regional land use plans a nd regulations, such as SCAG’s Sustainable Communities Strategy, if they are compatible with the general intent of the plans and would not preclude the attainment of their primary goals. Table 4 demonstrates the project’s consistency with the Actions and Strategies set forth in the 2020- 2045 RTP/SCS. As shown in Table 4, the project would be consistent with the GHG reduction related actions and strategies contained in the 2020-2045 RTP/SCS.0 Table 4: Project Consistency with SCAG 2020-2045 RTP/SCS1 Actions and Strategies Responsible Party(ies) Consistency Analysis Land Use Strategies Reflect the changing population and demands, including combating gentrification and displacement, by increasing housing supply at a variety of affordability levels. Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants and will not impact housing. Focus new growth around transit. Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants that would be consistent with the 2020 RTP/SCS focus on growing near transit facilities. Plan for growth around livable corridors, including growth on the Livable Corridors network. SCAG, Local Jurisdictions Consistent. The project is an expansion of outdoor dining space for local restaurants that would be consistent with the 2020 RTP/SCS focus on growing along the 2,980 miles of Livable Corridors in the region. Provide more options for short trips through Neighborhood Mobility Areas and Complete SCAG, Local Jurisdictions Consistent. The proposed project would help further jobs/housing balance objectives. The 415 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 6 JN: AQ etc. 4.12.23 final Actions and Strategies Responsible Party(ies) Consistency Analysis Communities. proposed project is also consistent with the Complete Communities initiative that focuses on creation of mixed-use districts in growth areas. Support local sustainability planning, including developing sustainable planning and design policies, sustainable zoning codes, and Climate Action Plans. Local Jurisdictions Not Applicable. This strategy calls on local governments to adopt General Plan updates, zoning codes, and Climate Action Plans to further sustainable communities. The proposed project would not interfere with such policymaking and would be consistent with those policy objectives. Protect natural and farmlands, including developing conservation strategies. SCAG, Local Jurisdictions Consistent. The project is an expansion to outdoor dining for local restaurants that would help reduce demand for growth in urbanizing areas that threaten green fields and open spaces. Transportation Strategies Preserve our existing transportation system. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy calls on investing in the maintenance of our existing transportation system. The proposed project would not interfere with such policymaking. Manage congestion through programs like the Congestion Management Program, Transportation Demand Management, and Transportation Systems Management strategies. County Transportation Commissions, Local Jurisdictions Consistent. The proposed project is an expansion to outdoor dining for local restaurants that will minimize congestion impacts on the region because of its proximity to public transit and general density of population and jobs. Promote safety and security in the transportation system. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy aims to improve the safety of the transportation system and protect users from security threats. The proposed project would not interfere with such policymaking. Complete our transit, passenger rail, active transportation, highways and arterials, regional express lanes goods movement, and airport ground transportation systems. SCAG, County Transportation Commissions, Local Jurisdictions Not Applicable. This strategy calls for transportation planning partners to implement major capital and operational projects that are designed to address regional growth. The proposed project would not interfere with this larger goal of investing in the transportation system. Technological Innovation and 21st Century Transportation Promote zero-emissions vehicles. SCAG, Local Jurisdictions Consistent. The project includes lane reconfigurations which would provide new lanes for bikes and other zero-emissions transportation modes. Promote neighborhood electric vehicles. SCAG, Local Jurisdictions Not applicable. The proposed project would not interfere with the goal of promoting neighborhood electric vehicles. Implement shared mobility programs. SCAG, Local Jurisdictions Not Applicable. This strategy is designed to integrate new technologies for last-mile and alternative transportation programs. The proposed project would not interfere with these emerging programs. 416 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 7 JN: AQ etc. 4.12.23 final Actions and Strategies Responsible Party(ies) Consistency Analysis Notes: 1 Source: Southern California Association of Governments; 2020–2045 RTP/SCS; September 3, 2020. 6.0 Energy Energy consumption in support of or related to project operations would consist of transportation energy demands (energy consumed by employee and patron vehicles accessing the project site). Additional energy that would be consumed by the construction or operation of the additional outdoor dining is assumed to be negligible as no additional buildings are to be built. This energy analysis is based upon Appendix F of the CEQA Guidelines which states that any project that results in wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources would have a significant impact. 6.1 Transportation Fuel Consumption The largest source of operational energy use would be vehicle operation of customers. The site is located in an urbanized area just in close proximity to transit stops. Using the CalEEMod output, it is assumed that an average trip for all vehicles were assumed to be 10 miles. To show a worst-case analysis, it was assumed that vehicles would operate 365 days per year. Table 5 shows the worst-case estimated annual fuel consumption for all classes of vehicles from autos to heavy-heavy trucks. Table 5 shows that an estimated 155,002 gallons of fuel would be consumed per year for the operation of the proposed project. Table 5: Estimated Vehicle Operations Fuel Consumption Vehicle Type Vehicle Mix Number of Vehicles1 Average Trip (miles)2 Daily VMT Average Fuel Economy (mpg) Total Gallons per Day Total Annual Fuel Consumption (gallons) Light Auto Automobile 518 10 5,184 31.82 162.92 59,467 Light Truck Automobile 56 10 559 27.16 20.56 7,506 Light Truck Automobile 183 10 1,832 25.6 71.56 26,121 Medium Truck Automobile 174 10 1,737 20.81 83.47 30,468 Light Heavy Truck 2-Axle Truck 37 10 369 13.81 26.73 9,755 Light Heavy Truck 10,000 lbs + 2-Axle Truck 9 10 92 14.18 6.52 2,380 Medium Heavy Truck 3-Axle Truck 11 10 114 9.58 11.87 4,331 Heavy Heavy Truck 4-Axle Truck 29 10 293 7.14 41.03 14,975 Total 1,018 -- 10,180 -- 424.66 -- Total Annual Fuel Consumption 155,002 Notes: 1 Per the trip generation assessment, the project is to generate 1,018 total net new trips in the maximum scenario. Default CalEEMod vehicle fleet mix utilized. 2Based on the size of the site and relative location, trips were assumed to be local rather than regional. Trip generation of the proposed project is consistent with other similar commercial uses of similar scale and configuration as reflected in the traffic analysis from Fehr & Peers. That is, the proposed project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips, nor 417 Hermosa Beach Downtown Outdoor Dining Project Focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation City of Hermosa Beach, CA MD Acoustics, LLC 8 JN: AQ etc. 4.12.23 final associated excess and wasteful vehicle energy consumption. Additionally, as stated by Fehr & Peers, the project is not anticipated to increase traffic regionally, and the estimates shown in this analysis are a worst-case scenario. Therefore, project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary. 7.0 Conclusions Operational project emissions were evaluated and compared to both regional and localized SCAQMD’s thresholds of significance. In addition, project GHG emissions were evaluated and compared to SCAQMD’s draft threshold of 3,000 MTCO2e per year for all land uses. Project emissions are anticipated to be below SCAQMD’s thresholds of significance with no mitigation and project energy usage was found not to be inefficient, wasteful, or otherwise unnecessary. Therefore, the impact is less than significant. MD is pleased to provide this focused Air Quality, Greenhouse Gas, and Energy Impact Evaluation. If you have any questions regarding this analysis, please don’t hesitate to call us at (805) 426-4477. Sincerely, MD Acoustics, LLC Tyler Klassen, EIT Air Quality Specialist 418 Appendix A Glossary of Terms 419 AQMP Air Quality Management Plan CAAQS California Ambient Air Quality Standards CARB California Air Resources Board CEQA California Environmental Quality Act CFCs Chlorofluorocarbons CH4 Methane CNG Compressed natural gas CO Carbon monoxide CO2 Carbon dioxide CO2e Carbon dioxide equivalent DPM Diesel particulate matter GHG Greenhouse gas HFCs Hydrofluorocarbons LST Localized Significant Thresholds MTCO2e Metric tons of carbon dioxide equivalent MMTCO2e Million metric tons of carbon dioxide equivalent NAAQS National Ambient Air Quality Standards NOx Nitrogen Oxides NO2 Nitrogen dioxide N2O Nitrous oxide O3 Ozone PFCs Perfluorocarbons PM Particle matter PM10 Particles that are less than 10 micrometers in diameter PM2.5 Particles that are less than 2.5 micrometers in diameter PMI Point of maximum impact PPM Parts per million PPB Parts per billion RTIP Regional Transportation Improvement Plan RTP Regional Transportation Plan SCAB South Coast Air Basin SCAQMD South Coast Air Quality Management District SF6 Sulfur hexafluoride SIP State Implementation Plan SOx Sulfur Oxides SRA Source/Receptor Area TAC Toxic air contaminants VOC Volatile organic compounds WRCC Western Regional Climate Center 420 Appendix B Project Map 421 Appendix C CalEEMod Output 422 AZ Office CA Office 4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: Noise_Letter Report 4.11.23 final April 11, 2023 To: Ed Almanza & Associates From: MD Acoustics, LLLC Subject: Hermosa Beach Downtown Outdoor Dining – Noise Assessment – City of Hermosa Beach, CA MD Acoustics, LLC (MD) is pleased to provide this noise assessment for the Hermosa Beach Downtown Outdoor Dining Project in the City of Hermosa Beach, CA. The project proposes that certain commercial establishments may provide outdoor dining in public right-of-way areas (including on-street parking areas and sidewalks) in the downtown area of Hermosa Beach. The project identifies areas where outdoor dining would be allowed. This assessment analyzes the baseline and baseline plus project traffic noise conditions for nine (9) street segments that were identified by the technical traffic consultants as the key routes for vehicular access to and from the project area. It provides a quantitative analysis of outdoor dining noise and compares projected roadway and outdoor dining noise levels to the City’s applicable noise standards. For your reference, Appendix A contains a glossary of acoustical terms. 1.0 Assessment Overview This assessment evaluates the baseline noise conditions and the baseline + project noise conditions experienced along the following streets: 1. 27th Street (west of Morningside) 2. 8th Street (west of Valley) 3. Hermosa Avenue (north of 16th Street) 4. Hermosa Avenue (north of 8th Street) 5. Manhattan Avenue (north of Pier) 6. Manhattan Avenue (south of Pier) 7. Monterey Boulevard (north of Pier) 8. Monterey Boulevard (south of Pier) 9. Pier Avenue (west of Valley) The nine analyzed roadways will be the most affected by the project and represent the worst-case scenario. Baseline traffic conditions for each roadway were provided by Fehr & Peers (February 2023 in Appendix B of this report). The traffic noise level has been compared to the City’s noise standards. All modeling assumptions follow FHWA traffic noise modeling protocols. The study also assesses the stationary noise impact on adjacent land uses due to outdoor dining. Exhibit A identifies the roadway segments that were assessed. The eligible outdoor dining areas are shown in Exhibit B. 2.0 City of Hermosa Beach Noise Standards The City of Hermosa Beach outlines their noise regulations and standards within the Public Safety Element from the General Plan and the Noise Ordinance from the Municipal Code. Table 6.3 in the City’s Public Safety Element outlines the interior and exterior noise standards (Table 1 of this report). 423 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 2 JN: Noise_Letter Report 4.11.23 final Exhibit A Roadway Segments 1 2 3 4 5 6 7 8 9 1. 27th Street (west of Morningside) 2. 8th Street (west of Valley) 3. Hermosa Avenue (north of 16th Street) 4. Hermosa Avenue (north of 8th Street) 5. Manhattan Avenue (north of Pier) 6. Manhattan Avenue (south of Pier) 7. Monterey Boulevard (north of Pier) 8. Monterey Boulevard (south of Pier) 9. Pier Avenue (west of Valley) 424 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 3 JN: Noise_Letter Report 4.11.23 final Exhibit B Project Area 425 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 4 JN: Noise_Letter Report 4.11.23 final Table 1: Interior and Exterior Noise Standards1 Land Use Community Noise Equivalent Level (CNEL) Exterior Interior Residential 65 dB 45 dB Hotels/Motels 65 dB 45 dB Schools, Libraries, Churches, Hospitals, Nursing Homes 65 dB 45 dB Auditoriums, Concert Halls, Amphitheaters 65 dB 45 dB Sports Arena, Outdoor Spectator Sports 65 dB N/A Playgrounds, Neighborhood Parks 70 dB N/A Golf Courses, Riding Stables, Water Recreation, Cemeteries 75 dB N/A Office Buildings, Business Commercial and Professional 70 dB 50 dB Industrial, Manufacturing, Utilities, Agriculture 75 dB 65 dB Notes: 1. Outdoor environment limited to private yard of single-family residences; private patios of multi-family residences that are accessed by a means of exit from inside the unit; mobile home park; hospital patio; park picnic area; school playground; and hotel and motel recreation area. 2. Interior environment excludes bathrooms, toilets, closets, and corridors. Noise level requirement is with windows closed. Mechanical ventilation system or other means of natural ventilation shall be provided pursuant to the requirements of the Uniform Building Code (UBC). 3. See Table 6.3 Public Safety, PLAN Hermosa1 3.0 Study Method and Procedure Traffic Noise Level Prediction Modeling Traffic noise from the vehicular traffic was projected using the FHWA Traffic Noise Prediction Model (FHWA- RD-77-108). The software utilizes FHWA protocol and is similar to the Traffic Noise Model (TNM 2.5) algorithms to calculate noise level projections and are typically accurate within ± 3 dBA. The FHWA model arrives at the predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level (REMEL). Roadway volumes and project trip generation were obtained from Fehr & Peers. Fehr & Peers estimated pre-pandemic (2019) and post-pandemic (2020-2021) conditions using StreetLight Data. The estimates show that traffic volumes decreased significantly from 2019 to 2020 and began to increase in 2021, indicating that activity is returning to pre-pandemic conditions. Traffic volumes were analyzed during summer weekends to represent the loudest conditions. Temporary roadway diversions were put in place after 2019, and the project proposes to make the lane reconfigurations permanent. The baseline condition represents the worst-case noise before roadway diversions were put in place and without project- generated traffic. The baseline plus project condition represents the worst-case noise with project- generated traffic and with the roadway diversions in place. 27th Street traffic volumes and vehicle distribution were monitored by Fehr & Peers on 12/15/2022, after roadway diversions were put in place. For this study, MD evaluated 27th Street separate from the other roadways to compare baseline conditions, existing conditions, and baseline plus project conditions. Baseline conditions represent pre-pandemic (2019) traffic volumes prior to lane reconfiguration. Existing conditions represent the current post-pandemic traffic volumes with roadway diversions put in place. Baseline plus project conditions represent 2019 traffic volumes, including the roadway diversions and project-generated 426 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 5 JN: Noise_Letter Report 4.11.23 final traffic. Fehr & Peers found that the lane reductions caused a 1% decrease in distribution on 27th Street, making it highly unlikely that the lane reductions diverted 27th Street traffic. Fehr & Peers provided two trip generation scenarios. Scenario 1 provides the worst-case trip generation estimates and Scenario 2 provides more realistic estimates by accounting for the variety of restaurant uses. For this analysis, MD utilized the trip generation estimates from Scenario 1 in order to calculate the absolute worst-case scenario. The following outlines the key adjustments made to the REMEL for the roadway inputs:  Roadway classification – (e.g. freeway, a major arterial, arterial, secondary, collector, etc),  Roadway Active Width – (distance between the center of the outermost travel lanes on each side of the roadway)  Average Daily Traffic Volumes (ADT), Travel Speeds, Percentages of automobiles, medium trucks and heavy trucks  Roadway grade and angle of view  Site Conditions (e.g. soft vs. hard)  Percentage of total ADT which flows each hour throughout a 24-hour period  Vertical and horizontal distances (Sensitive receptor distance from noise source)  Noise barrier vertical and horizontal distances (Noise barrier distance from sound source and receptor).  Traffic noise source spectra  Topography  The Model doesn’t include the noise reduction effects of the single family residencies Roadway modeling assumptions utilized for the technical study are provided in Table 2 and Table 3. Table 2: Roadway Noise Modeling Parameters Roadway Segment Limits Baseline (2019) ADT1 Project Only ADT1 Baseline + Project ADT1 Distance to Centerline (ft)2 Speed (MPH) 8th Street West of Valley Dr 6,256 61 6,317 25 25 Hermosa Avenue North of 16th St 14,466 174 14,640 48 30 Hermosa Avenue North of 8th St 15,003 230 15,233 50 25 Manhattan Avenue North of Pier Ave 2,334 21 2,355 23 25 Manhattan Avenue South of Pier Ave 2,121 22 2,143 25 25 Monterey Boulevard North of Pier Ave 3,839 16 3,855 23 25 Monterey Boulevard South of Pier Ave 4,014 25 4,039 25 25 Pier Avenue West of Valley Dr 17,563 405 17,968 50 25 Notes: 1. Provided by Fehr & Peers (February 2023). 2. Distance from the nearest residential property to the centerline. 427 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 6 JN: Noise_Letter Report 4.11.23 final Table 3: Vehicle Mix Data Motor-Vehicle Type Daytime % (7 AM to 7 PM)1 Evening % (7 PM to 10 PM) Night % (10 PM to 7 AM) Total % of Traffic Flow Automobiles 77.5 12.9 9.6 97.42 Medium Trucks 84.8 4.9 10.3 1.84 Heavy Trucks 86.5 2.7 10.8 0.74 Notes: 1 Typical Southern California Traffic Mix Roadway modeling assumptions for 27th Street are provided in Table 4 and Table 5. Table 4: 27th Street Roadway Noise Modeling Parameters Roadway Segment Baseline (2019) ADT1 Existing (2022) ADT2 Baseline + Project ADT2 Distance to Centerline (ft)3 Speed (MPH) 27th Street West of Morningside 6,036 8,081 8,145 16 30 Notes: 1 Baseline ADT volumes provided by Fehr & Peers, February 2023. 2. Existing ADT volumes and vehicle distribution provided by Fehr & Peers, 12/15/22. 3. Distance from the nearest residential property to the centerline. Table 5: 27th Street Vehicle Mix Data Motor-Vehicle Type Daytime % (7 AM to 7 PM) Evening % (7 PM to 10 PM) Night % (10 PM to 7 AM) Total % of Traffic Flow Automobiles 77.5 12.9 9.6 97.6 Medium Trucks 84.8 4.9 10.3 2.2 Heavy Trucks 86.5 2.7 10.8 0.2 Notes: 1 Existing ADT volumes and vehicle distribution provided by Fehr & Peers, 12/15/22. Stationary Noise Prediction Modeling MD utilized the inverse square law to calculate noise level projections due to outdoor dining noise. MD assumed that the maximum number of outdoor guests at any given restaurant would be 40 people. A typical voice would be 65 dBA at 3 feet away when speaking normally. As a worst-case scenario, the calculation assumes that all 40 guests are speaking simultaneously. MD analyzed the minimum allowable distance between an outdoor dining area and a sensitive receptor in order to meet the City’s code. 4.0 Findings Traffic Noise The potential off-site noise impacts caused by the increase in vehicular traffic as a result of the project were calculated at the nearest residential location for each affected road segment. The noise levels both with and without project-generated vehicle traffic were compared and the increase was calculated. The 428 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 7 JN: Noise_Letter Report 4.11.23 final distance to the 55, 60, 65, and 70 dBA CNEL noise contours are also provided for reference (Appendix C). Noise contours were calculated for the following scenarios and conditions (excluding 27th Street):  Baseline Condition: This scenario refers to the baseline traffic noise condition (2019, prior to temporary roadway diversions) and is demonstrated in Table 6.  Baseline + Project Condition: This scenario refers to the baseline plus project traffic noise condition (with roadway diversions in place) and is demonstrated in Table 6. Table 6: Change in Noise Levels as a Result of Project Generated Traffic Roadway Segment Modeled Noise Levels (dBA CNEL) at Nearest Residence Baseline Without Project Baseline With Project Change in Noise Level Increase of 3 dB or more2 8th Street West of Valley Dr 62.8 62.9 0.1 No Hermosa Avenue North of 16th St 66.4 66.4 0.0 No Hermosa Avenue North of 8th St 64.3 64.4 0.1 No Manhattan Avenue North of Pier Ave 59.1 59.1 0.0 No Manhattan Avenue South of Pier Ave 58.1 58.2 0.1 No Monterey Boulevard North of Pier Ave 61.2 61.2 0.0 No Monterey Boulevard South of Pier Ave 60.9 60.9 0.0 No Pier Avenue West of Valley Dr 64.5 64.6 0.1 No Notes: 1 FHWA roadway noise modeling worksheets provided in Appendix C. 2 Typically, the human ear can barely perceive the change in noise level of 3 dB As shown in Table 6, the baseline plus project noise will meet the residential noise limit of 65 dBA CNEL for every roadway segment except for Hermosa Avenue north of 16th Street. However, the noise due to the project will not increase the baseline noise and would not be significant. The baseline and baseline plus project conditions analyzed in this study represent the loudest conditions. 27th Street noise levels for existing, baseline, and baseline plus project traffic conditions were compared and the increase was calculated. The distance to the 55, 60, 65, and 70 dBA CNEL noise contours are also provided for reference (Appendix C). Noise contours for 27th Street were calculated for the following scenarios and conditions:  Baseline Condition: This scenario refers to the baseline traffic noise condition (2019, prior to temporary roadway diversions) and is demonstrated in Table 7.  Existing Condition: This scenario refers to the current traffic noise condition (2022, with roadway diversions in place) and is demonstrated in Table 7. 429 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 8 JN: Noise_Letter Report 4.11.23 final  Baseline + Project Condition: This scenario refers to the baseline plus project traffic noise condition (with roadway diversions in place) and is demonstrated in Table 7. Table 7: 27th Street Change in Noise Levels as a Result of Project Generated Traffic Roadway Segment Modeled Noise Levels (dBA CNEL) at Nearest Residence Baseline (2019) Without Project Existing (2022) Without Project Baseline With Project Change in Noise Level3 Increase of 3 dB or more2 27th Street West of Morningside 67.3 66.0 67.3 0.0 No Notes: 1 FHWA roadway noise modeling worksheets provided in Appendix C. 2 Typically, the human ear can barely perceive the change in noise level of 3 dB. 3. Change in noise level between baseline noise conditions and baseline + project noise conditions. As shown in Table 7, project-generated traffic noise will not increase the baseline traffic noise. Thus, the temporary roadway diversions do not have an impact on the existing or baseline traffic noise conditions. Existing traffic noise along 27th Street has decreased by 1.3 dBA CNEL since 2019 due to a decrease in activity caused by the pandemic. The existing traffic noise will increase by a maximum of 1.3 dBA CNEL as traffic volumes increase to pre-pandemic conditions and will not be a noticeable change in loudness. Thus, the impact is less than significant. Stationary Noise Stationary noise at sensitive receptors cannot exceed the City’s noise limit of 65 dBA CNEL for residential properties, per City standards. As a worst-case scenario, stationary noise was calculated assuming that 40 guests are speaking simultaneously. The average speaking voice is 65 dBA from 3 feet away. 40 people speaking from 20 feet away would be 64 dBA. Thus, the impact due to stationary noise will not be significant if residential locations are located 20 feet or further from future outdoor dining areas. Music (live or otherwise) is not going to be an impact assuming that the noise due to music does not extend past the dining area. Any additional noise sources (speakers, extra guests, etc.) must abide by the City code. 5.0 CEQA Analysis The California Environmental Quality Act Guidelines establishes thresholds for noise impact analysis as presented below: (a) Would the project result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise Code, or applicable standards of other agencies? Transportation Noise Impacts Traffic noise would be significant if levels are increased by more than 3 dBA to levels above 65 dBA CNEL in areas with sensitive uses. Baseline traffic represents the worst-case future traffic when activity returns to pre-pandemic conditions. The worst-case baseline plus project traffic noise levels will meet the residential noise limit of 65 dBA CNEL at seven of the nine roadway segments. Baseline plus project traffic volumes are 430 Hermosa Beach Downtown Outdoor Dining Noise Assessment City of Hermosa Beach, CA MD Acoustics, LLC 9 JN: Noise_Letter Report 4.11.23 final expected to be up to 0.1 dBA CNEL louder respectively than baseline traffic noise levels at existing land uses and will not result in a significant noise increase. MD also compared baseline (2019) conditions, existing (2022) conditions, and baseline plus project noise conditions for one of the roadway segments. The project will not increase the baseline traffic noise and will not have an impact. Thus, the project will not have an impact on existing noise conditions and is not significant. However, the baseline plus project noise will increase the existing noise by a maximum of 1.3 dBA CNEL due to traffic volumes returning to pre-pandemic conditions. It takes a change of 3 dBA to perceive a change in loudness, thus, the impact is less than significant. Stationary Noise Impacts Stationary noise will be significant if it exceeds the levels outlined in the Hermosa Beach Municipal Code as outlined in Section 2.0. Assuming an outdoor dining area consists of 40 people speaking simultaneously, the noise level due to outdoor dining will meet the City’s standard of 65 dBA CNEL when sensitive receptors (residential locations) are at a minimum of 20 feet away from an outdoor dining area. Music (live or otherwise) is not going to be an impact assuming that the noise due to music does not extend past the dining area. Any additional noise sources (speakers, extra guests, etc.) must abide by the City code. The impact will not be significant. 5.0 Conclusions MD is pleased to provide this noise assessment for the Outdoor Dining Project in the City of Hermosa Beach, CA. The worst-case traffic noise due to the project will increase the baseline conditions by 0 to 0.1 dBA CNEL and will not be significant. A typical outdoor dining area will meet the City’s standard of 65 dBA CNEL. If you have any questions regarding this analysis, please call our office at (805) 426-4477. Sincerely, MD Acoustics, LLC Mike Dickerson, INCE Rachel Edelman Principal Acoustic Consultant 431 Appendix A Glossary of Acoustical Terms 432 Glossary of Terms A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness. Ambient Noise Level: The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. C-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the C-weighted filter network. The C-weighting filter greatly de-emphasizes very high frequency components of the sound and slightly de-emphasizes the very low frequency components. A numerical method of rating human judgment of loudness. Community Noise Equivalent Level (CNEL): The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM. Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A): A-weighted sound level (see definition above). dB(C): C-weighted sound level (see definition above). dB(Z): Z-weighted sound level (see definition of dB above). Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Maximum Sound Level (LMAX): This is the highest sound level measured during a single noise event. Lmax does not consider the number and duration of these events, and cannot be totaled into a one-hour or 24-hour cumulative measure of impact. Habitable Room: Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting 433 corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. Human Sensitivity to Sound: In general, the healthy human ear can hear between 20 Hz to 20,000 Hz. Frequencies below 125 Hz are typically associated with low frequencies or bass. Frequencies between 125 Hz and 5,000 Hz are typically associated with mid-range tones. Finally, frequencies between 5,000 and 20,000Hz are typically associated with higher range tones. The human ear is sensitive to changes in noise levels, depending on the frequency. Generally speaking, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz (A- weighted scale) and perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. At lower and higher frequencies, the ear can become less sensitive depending on a number of factors. Figure 1 provides a brief summary of how humans perceive changes in noise levels. Figure 1: Change in Noise Level Characteristics1 Changes in Intensity Level, dBA Changes in Apparent Loudness 1 Not perceptible 3 Just perceptible 5 Clearly noticeable 10 Twice (or half) as loud https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm L(n): The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly, L50, L90 and L99, etc. Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as "...excessive undesirable sound...". Percent Noise Levels: See L(n). Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Figure 2 provides the sound level associated with common noise sources. 434 Figure 2: Common Sound Levels Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. Single Event Noise Exposure Level (SENEL): The dB(A) level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event. 435 Appendix B Fehr & Peers Traffic Counts 436 Appendix C Traffic Noise Calculations 437 Page 1 of 3 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ESTABLISHING A FEE SCHEDULE FOR PERMANENT OUTDOOR DINING AND RETAIL ENCROACHMENTS WHEREAS, On June 9, 2020, the Hermosa Beach City Council adopted Ordinance No. 20-1410U, Implementing 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 WHEREAS, In October 2021, City Council directed staff to develop permanent versions of the temporary extended outdoor dining and lane reconfiguration programs implemented during the COVID-19 pandemic; and WHEREAS, In January of 2022, City Council approved new fees for the temporary encroachment areas allowed during COVID-19; and WHEREAS, On January 24, 2023 City Council considered a new market rate appraisal of both existing and temporary encroachment areas citywide; and WHEREAS, City staff has developed a new proposed fee schedule that factors in the value for private entities to use public right of way, the City’s cost to administer the program, and the desire for reasonable fees that encourage effective use of the program by the businesses; and WHEREAS, City staff has gathered input from the City Council, neighboring agencies, local businesses, and community stakeholders to develop a fee schedule that is reasonable and that captures the variety of encroachment uses in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference. 438 Page 2 of 3 RES NO. 23- SECTION 2. The City Council hereby adopts the following fees and directs City staff to incorporate into the City’s Master Fee schedule: Encroachment Area Category Proposed Fee per square foot, per month Pier Plaza, Late Night (Business that stay open after midnight), serves alcohol $6.00 Pier Plaza, non-late night, serves Alcohol $3.00 Pier Plaza, non-late night, no alcohol; off- Pier Plaza, On-street, sidewalk and retail $2.00 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of this resolution is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Resolution. SECTION 4. Environmental Review. The City Council’s adoption of the Resolution is not a project pursuant to State CEQA Guidelines, section 15378(b)(4). The Resolution is a government funding mechanism and fiscal activity that does not commit to any specific project. As such, the City Council action on the proposed resolution is not a project under CEQA. SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption. The City Manager may delay the implementation of this ordinance to ensure continuity and effective and efficient execution of the Pier Plaza outdoor dining program. PASSED, APPROVED and ADOPTED on this 25th day of April, 2023 Raymond Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: 439 Page 3 of 3 RES NO. 23- ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 440 D I N I N G D E C K & E N C R O A C H M E N T R E P O R T P R E P A R E D B Y T H E H E R M O S A B E A C H C H A M B E R of C O M M E R C E E D A C C O M M I T T E E 441 I N T R O The local economy is ill. Proof is in Hermosa rental rates. Space rental rates directly reflect the desirability and vibrancy of an area. The more desirable and vibrant an area is the more valuable the space is within it. Five years ago, Downtown Hermosa rents held a solid middle spot between Downtown Manhattan and Riviera Village. Now, our downtown has fallen behind Downtown Manhattan, Manhattan Village, Riviera Village, and Rosecrans Corridor and we are trending further behind. Typical Manhattan Village rents range between $6.50-$10/ft, with Manhattan Ave holding the highest due to foot traffic. Riviera Village spots are now scarce and rent for $6/ft. By contrast, Pier Avenue and Hermosa Avenue rent for $4-$5/ft. The Plaza and strand range from $6-8/ft. 442 B U S I N E S S E S W I T H D E C K S Pier Plaza Cafe Bonaparte Playa Hermosa Brews Hall Oakberry Acai Silvios Greenspot Juiced American Junkie Baja Sharkeez Watermans Henneseys Palmilla Patrick Molloys The Lighthouse Heavenly Couture Pier Surf Spyder Treasure Chest Waves Tower 12 OFF Plaza Bottle Inn Barnacles Good Stuff Martha’s Mickey’s The Beach House The Green Store Java Man Brothers Burritos Chef Melba’s La Playita Lobster & Beer Japonica Mobi Scooters North End Paisanos Pedones Tacos El Goloso Zanes Beach Bound Creme de la Crepe El Tarasco Fundamental Coast Hook & Plow Rockefeller Sosta Cucina The Source Cafe Uncorked 443 S U R V E Y R E S U L T S Hermosa Chamber polled restaurants and cafe owners in Hermosa Beach with businesses located on Pier Plaza, along Hermosa Avenue, Upper Pier and throughout Hermosa. A total of 22 businesses responded. Below are the highlights of the survey results: ●Less than 20% of businesses are doing better than they were pre-COVID ●Higher sales tax revenues DO NOT indicate our restaurants are thriving. Sales tax revenues depend on sales, not profits. The increase in sales tax revenue is due to inflation and higher restaurant and bar prices, rather than an actual rise in profits. Heavily impacting profits is massive increase in cost of goods, state-mandated payroll increases, health care cost increases, rent increases, etc. ●Average PPSF rent paid by respondent is: ○Plaza $3 - $6* ○Off-Plaza $1.50 - $7.50* *note many downtown Hermosa properties are under generational ownership and thus under market rate. Also, some of the Plaza business have 15+ year leases so also are under market value. 444 S U R V E Y R E S U L T S ●Average cost these businesses polled have invested in building their decks ranges $15-50k. ●50% of rents have been raised since the pandemic. ●59% of the respondents do not have resources to store their deck materials if seasonality were offered. ●When asked, the threshold for what a respondent would pay per square foot to keep their deck tops out at $2. We would begin to see closures at amounts beyond that. 445 E X P E R T S S A Y According to local real estate experts: ●16% of pre-pandemic diners have not returned to eating out. ●Hermosa sales tax revenue over the last 20 years has not really budged. If you add inflation to it, it has been dropping. ●Hermosa Downtown has an unprecedented 3 restaurants on the market with 5 more that have expressed interest and want out. So we may have 8 restaurants leaving shortly. This is opposite of Riviera Village and Manhattan Beach where there are no vacancies. ●The average national revenue per square foot for restaurants is $500/ft. Manhattan Beach does $1500/ft. That is three times the national average. Many downtown Hermosa restaurants do not even reach the national average even though they are in a wealthy coastal community. 446 A S S U M P T I O N S / P I E R P L A Z A ASSUMPTION RESPONSE All decks should close at a certain time.Studies have shown that vibrant public spaces with staggered closing times for businesses can enhance safety and reduce crime by keeping the area active and populated. Continuing staggered closing times in line with each business' hours, creates a safer and more vibrant social scene in the downtown district. This parallels Chief LeBaron’s desire to have businesses with staggered closing times throughout the city. We are moving forward with the hopes of a BID formation that can contribute to the cost of the late night environment. Encroachment should be granted only if the establishment agrees to close at a certain time. In order to attract high-performing business (good operators) we need a regulatory environment that is flexible. Otherwise, we may fail to attract the businesses we need to help with economic development. 447 A S S U M P T I O N S / P I E R P L A Z A ASSUMPTION RESPONSE Encroachment rate should approximate indoor rental rate, which is as much as $10/ft. Based on the survey, $10/ft can not be reasonably assumed. The respondents pay an average of $4-6. Decks should be priced so they are only up if well utilized thus under-utilized decks should be taken down. Decks are important for economic development. If underutilized or if businesses can’t afford them, they could be used for placemaking and available for the general public use. A seasonal program where decks are installed and taken away based on season. 13 of the 22 respondents do not have the resources to store their decks. 448 A S S U M P T I O N S / P I E R P L A Z A ASSUMPTION RESPONSE Decks should line up with adjacent deck.Decks are vital to keeping Hermosa competitive. The Plaza exists to attract locals and tourists. The ROMA study emphasized the importance of improving the public realm to enhance the image and identity of the Downtown Core. The study noted that widened sidewalks and public plazas that create space for cafes and outdoor dining can attract additional patrons, and that activities that spill out and populate public spaces communicate that the area is worth visiting. Requiring decks to “line up” does not allow the unique store frontages to embrace their individuality. Decks should be open for a minimum of 8 hrs in order have the deck permit. Considering our businesses are using public space, the decks could be available to the public during the daylight hours so utilization could be addressed. 449 A S S U M P T I O N S / P I E R P L A Z A ASSUMPTION RESPONSE Decks can be easily taken up and down. Investment in the decks can be significant. On-street decks cost anywhere from $15k to $50k. Also, 13 of the 22 respondents do not have the resources to store their decks. Portable decks are sometimes seen as an attractive solution for businesses looking to increase outdoor seating options during high demand seasons and not having the cost burden during the off-season. However, in our city, portable decks may not be a feasible option for most businesses due to limited storage space. As a tight and compact city, businesses do not have the luxury of large amounts of storage space to house giant modular barriers. While portable decks may seem like a great idea in theory, the practical realities of our city make it difficult to implement them on a wide scale. Consider alternative options for increasing flexible outdoor seating that are more practical and feasible for our city. Seasonal rates are one recommended solution. Businesses will be more inclined to support higher summer season rates if they know they’ll save money on rates in the off-season, which allows the city to take advantage of the often nice winter days without completely losing the outdoor seating. 450 A S S U M P T I O N S / O F F P I E R P L A Z A ASSUMPTION RESPONSE Lane reduction isn’t necessary for outdoor dining. In order to ensure public safety there should be a sufficient buffer between decks and cars. Although we had some lanes next to decks during part of the pandemic, the patron experience is dramatically more alarming when a car drives by a seated patron. In addition, the lane reduction also allows for a designated bike lane that encourages other forms of mobility, thus creating a better environment for living streets. Fees should be increased to ensure space is efficiently used. A vacant deck demonstrates a business should be paying more. There are many costs involved when a business decides whether they can afford to open for lunch or an additional meal time. Thus, if they own a deck, it’s possible they still may not be able to afford to open for lunch because of staffing, resources, etc. It’s not always about business model. Thus we should all think outside the box on how to maximize use and possibly introduce public use during daytime hours. 451 R E G A R D I N G : W O R K I N G T O G E T H E R We know generally that most people, including Council, love outdoor dining. It's important to ensure that the regulations are reasonable and strike a balance between promoting outdoor dining and protecting public safety. Studies have shown that outdoor dining can have a positive impact on local economies, increasing foot traffic and revenue for businesses. Outdoor dining can help to create a vibrant social scene and enhance the overall image and identity of the Downtown Core as a retail destination. We encourage the City to continue to work collaboratively with local businesses to create regulations that are supportive and reasonable. By doing so, we can create a win-win situation for both businesses and the community as a whole. We all want to build trust between Council, staff, and local business owners through communication and ideation which is a critical step towards establishing a Business Improvement District that is beneficial for all stakeholders involved. 452 A D D I T I O N A L I N S I G H T People come to be near the beach and to enjoy the collective social atmosphere of downtown Hermosa. We compete with other neighboring communities that offer dining near the ocean with a vibrant social scene, i.e. Redondo Beach’s vibrant Riviera Village. We want to focus on investing in all business corridors the same way previous Councils created placemaking like Pier Plaza. Studies have shown that improvements to the public realm, such as widened sidewalks and public plazas, can attract additional patrons and create a vibrant social scene that encourages people to stay and spend time in the area. The Roma Study, which is part of our General Plan, highlights the importance of creating a sense of place and enhancing the image and identity of the Downtown Core as a retail destination. From the Roma Study, “The downtown district is the heart of Hermosa Beach and should be enhanced so that it becomes, to an even greater extent than today, the focus of social life in the city. The betterment of the downtown will reflect positively on the quality of life in the community as a whole. Improvements to the public realm are key to the enhancement of the image and identity of the Downtown Core as a retail destination. Widened sidewalks and public plazas that create space for cafes and outdoor dining can also attract additional patrons. Activities that spill out and populate the public spaces communicate that this place is worth visiting - seeing people brings people.” 453 Pier AveHermosa Ave100 ft13 ft25 ft50 ft25 ft50 ft25 ftPier Plaza - West Facing Pier Plaza - East Facing June 2022March 2017June 2022April 2020 Pier Plaza Permanent and Proposed Encroachments All measurements shown are approximate 454 HermosaAveP i e r Av e Manhattan A v e Ardmore AveManhattanAveValley DrMonterey BlvdHermosa Ave1st St 2nd St 22ndS tHe rm o s a A v eHermo s a Av e 2 7 th S tManhat tan AveHer mosaAveGreenwichVillagePermanent Encroachment Areas Temporary Encroachment Areas Permanent and Temporary Commercial Encroachment Areas L&BBarnacles Brothers BurritoHennessey's TavernSilvios Brazilian BBQWaterman'sThe LighthouseGreenbeltTreasure ChestAmerican JunkiesBaja SharkeezPatrick Malloy'sPlaya HermosaWavesHeavenly CouturePier SurfPalmilla'sTower 12Cafe BonaparteSpyder IIBrews HallJuicedTacos El Galoso Zane's Paisano's Pizza UncorkedTwo Guns EspressoFritto MistoEl Tarasco Hook & PlowSosta CucinaThe Source CafeRockefellerCreme De La CrepeJava Man Japonica Agave Azul Pedone's Hermosa Brewing Co Good Stuff Beach House La Playita Mickey's Deli Bottle Inn The Green Store North End Bar & Grill Chef Melba's Bistro Martha's 455 Permanent Plaza Late Night (Close after midnight) Permanent Area (Sq Ft) Temporary Area (Sq Ft) AMERICAN JUNKIES 780 Removed BAJA SHARKEEZ 390 360 WATERMANS 325 300 HENNESSEY'S TAVERN 975 900 PALMILLA COCINA TEQUILA 267.60 390.00 PATRICK MOLLOY'S 429 288 THE LIGHTHOUSE (close before midnight Sun-Wed) 390 NA Permanent Plaza Non-Late (close before midnight) Permanent Area (Sq Ft) Temporary Area (Sq Ft) CAFÉ BONAPARTE 341 120 PLAYA HERMOSA FISH & OYSTER CO 326 645 PALMILLA COCINA TEQUILA 189.60 390.00 BREW'S HALL 390 986 OAKBERRY ACAI 143 NA SILVIO'S BRAZILIAN BBQ 390 300 GREENSPOT 260 192 JUICED 130 NA Permanent off-Plaza (close before midnight unless notePermanent Area (Sq Ft) Temporary Area (Sq Ft) BOTTLE INN 570 BARNACLES BAR & GRILL (Close at 2am) 200 GOOD STUFF 480 900 MARTHA'S 22 ND. ST. GRILL 913.50 MICKEY'S ITALIAN DELI 384 THE BEACH HOUSE 480 THE GREEN STORE 312 JAVA MAN 112 Temporary off Plaza (must close by 11pm) Temporary Area (Sq Ft) BROTHERS BURRITOS 450 CHEF MELBA'S BISTRO 96 GOOD STUFF 900 LA PLAYITA CAFÉ 480 LOBSTER & BEER 792 JAPONICA 441 MOBI SCOOTERS 96 NORTH END BAR & GRILL (outdoors close by 10pm) 849 PAISANOS PIZZA 456 PEDONE'S PIZZA 372 TACOS EL GOLOSO 91 ZANES 588 BEACH BOUND 36 CREME DE LA CREPE 224 EL TARASCO 280 FUNDAMENTAL COAST 15 HOOK & PLOW 660 ROCKEFELLER 301 SOSTA CUCINA 72 THE SOURCE CAFÉ 620 TWO GUNS ESPRESSO 55 UNCORKED 264 Hermosa Beach Encroachments - Areas and Operation as of April 2023 456 BUSINESS NAME DIFFERENCE % INCREASE Plaza Late Night BAJA SHARKEEZ 750 1,950.00 540.00 29,880.00 750 6.00 4,500.00 54,000.00 24,120.00 80.72% 8 WATERMANS (FORMERLY BEACH CLUB)625 1,069.25 450.00 18,231.00 625 6.00 3,750.00 45,000.00 26,769.00 146.83% 1 HENNESSEY'S TAVERN 1875 4,875.00 1,350.00 18,675.00 * 3 months 1875 6.00 11,250.00 33,750.00 15,075.00 80.72%*3 months 2 PALMILLA COCINA TEQUILA 267.6 1,338.00 0.00 16,056.00 267.6 6.00 1,605.60 19,267.20 3,211.20 20.00% PATRICK MOLLOY'S 717 2,145.00 432.00 30,924.00 717 6.00 4,302.00 51,624.00 20,700.00 66.94% AMERICAN JUNKIE 780 3,900.00 0.00 46,800.00 780 6.00 4,680.00 56,160.00 9,360.00 20.00% 3 THE LIGHTHOUSE 390 1,950.00 0.00 5,850.00 * 3 months 390 6.00 2,340.00 7,020.00 1,170.00 20.00%*3 months 9 TOWER 12 1095 1,642.50 19,710.00 1095 6.00 6,570.00 78,840.00 59,130.00 300.00% 6 LORETO PLAZA/TOWER 12 (rate increased 1/1/2023)- Separate contract 884 2,934.88 35,218.56 884 3.32 2,934.88 35,218.56 0.00 0.00%Separate contract GRAND TOTAL 221,344.56 TOTAL 41,932.48 380,879.76 159,535.20 72.08% ANNUAL RATE Plaza Non-Late with Alcohol DIFFERENCE % INCREASE * 1 HENNESSEY'S TAVERN (CLOSED BEFORE MIDNIGHT @ $2/SQ. FT.)1875 1,950.00 1,350.00 29,700.00 fenced *9 months 1875 3.00 5,625.00 50,625.00 20,925.00 70.45%*9 months * 3 THE LIGHTHOUSE (CLOSED BEFORE MIDNIGHT @ $2/SQ. FT.)390 780.00 0.00 7,020.00 fenced *9 months 390 3.00 1,170.00 10,530.00 3,510.00 50.00%*9 months PLAYA HERMOSA FISH & OYSTER CO 971 652.00 967.50 19,434.00 fenced 971 3.00 2,913.00 34,956.00 15,522.00 79.87% 2 PALMILLA COCINA TEQUILA 579.6 379.20 585.00 11,570.40 fenced 579.60 3.00 1,738.80 20,865.60 9,295.20 80.34% BREW'S HALL (formerly Mediterraneo/Rebel Republic)1376 780.00 1,479.00 27,108.00 fenced 1376 3.00 4,128.00 49,536.00 22,428.00 82.74% SILVIO'S BRAZILIAN BBQ 690 780.00 450.00 14,760.00 fenced 690 3.00 2,070.00 24,840.00 10,080.00 68.29% GREENSPOT (Formerly Greenbelt and Chop Shop)452 520.00 288.00 9,696.00 452 3.00 1,356.00 16,272.00 6,576.00 67.82% GRAND TOTAL TOTAL 119,288.40 TOTAL 19,000.80 207,624.60 88,336.20 74.05% Plaza Snack Shops, Off Plaza, Retail, Sidewalk DIFFERENCE % INCREASE 5 CAFÉ BONAPARTE (FORMERLY DOWNTOWN BAKERY) SNACK SHOP 461 341.00 180.00 6,252.00 461 2.00 922.00 11,064.00 4,812.00 76.97% 5 OAKBERRY ACAI (Formerly ITA Italian Street Food {and Hooked Poke Market} Snack Shop)143 143.00 0.00 1,716.00 143 2.00 286.00 3,432.00 1,716.00 100.00% 5 JUICED (FORMERLY THE FRESH SPOT) SNACK SHOP 130 130.00 1,560.00 130 2.00 260.00 3,120.00 1,560.00 100.00% * 4 BOTTLE INN 570.0 Varies 2,850.00 570.00 2.00 1,140.00 13,680.00 10,830.00 380.00% BARNACLES BAR & GRILL 200 200.00 2,400.00 200 2.00 400.00 4,800.00 2,400.00 100.00% GOOD STUFF 1380 480.00 1,350.00 21,960.00 1380 2.00 2,760.00 33,120.00 11,160.00 50.82% MARTHA'S 22 ND. ST. GRILL (OWNED BY BOTTLE INN)914 913.50 10,962.00 913.5 2.00 1,827.00 21,924.00 10,962.00 100.00% MICKEY'S ITALIAN DELI 384 384.00 4,608.00 384 2.00 768.00 9,216.00 4,608.00 100.00% PAISANO PIZZA & PASTA 506 50.00 684.00 8,808.00 506 2.00 1,012.00 12,144.00 3,336.00 37.87% THE BEACH HOUSE (square footage adjusted 4/1/2019)- Separate contract 480.0 480.00 5,760.00 480.00 2.00 960.00 11,520.00 5,760.00 100.00% THE GREEN STORE 312 312.00 3,744.00 312 2.00 624.00 7,488.00 3,744.00 100.00% CURRENT RESTAURANT ENCROACHMENTS STAFF RECOMMENDATION SHOWN IN RECOMMENDED NEW CATEGORIES 4/25/2023 RENT/ MONTH ANNUAL RATE@ $5/sq. ft. OPEN AFTER MIDNIGHT TEMPORARY AMT PAID @ $1.50/SQ. FT. ANNUAL RATE Jul - Sep TOTAL CLOSED BEFORE MIDNIGHT Jul - Sep TEMPORARY AMT PAID @ $1.50/SQ. FT SQ. FOOTAGE RENT/ SF/MONTH RENT/ MONTH ANNUAL RATE Oct - June SQ. FOOTAGE RENT/ MONTH SQ. FOOTAGE RENT/ SF/MONTH Oct - June SQ. FOOTAGE AMT PAID @ $1/SQ. FT. SQ. FOOTAGE ANNUAL RATE TEMPORARY AMT PAID @ $1.50/SQ. FT SQ. FOOTAGE AMT PAID @ $2/SQ. FT. RENT/ MONTH ANNUAL RATE RENT/ SF/MONTH 4/12/2023 457 Plaza Snack Shops, Off Plaza, Retail, Sidewalk DIFFERENCE % INCREASE JAVA MAN 112 112.00 1,344.00$ 112 2.00 224.00 2,688.00 1,344.00 100.00% CHEF MELBA'S BISTRO 96 144.00 1,728.00$ 96 2.00 192.00 2,304.00 576.00 33.33% LA PLAYITA CAFÉ 480 720.00 8,640.00$ 480 2.00 960.00 11,520.00 2,880.00 33.33% HERMOSA BREWING CO.372 558.00 6,696.00$ 372 2.00 744.00 8,928.00 2,232.00 33.33% 7 LOBSTER & BEER 792 1,188.00 14,256.00$ 792 2.00 1,584.00 19,008.00 4,752.00 33.33% JAPONICA 441 661.50 7,938.00$ 441 2.00 882.00 10,584.00 2,646.00 33.33% NORTH END BAR & GRILL 849 1,273.50 15,282.00$ 849 2.00 1,698.00 20,376.00 5,094.00 33.33% PEDONE'S PIZZA 372 558.00 6,696.00$ 372 2.00 744.00 8,928.00 2,232.00 33.33% ZANES 588 882.00 10,584.00$ 588 2.00 1,176.00 14,112.00 3,528.00 33.33% CREME DE LA CREPE 224 336.00 4,032.00$ 224 2.00 448.00 5,376.00 1,344.00 33.33% EL TARASCO 280 420.00 5,040.00$ 280 2.00 560.00 6,720.00 1,680.00 33.33% HOOK & PLOW 660 990.00 11,880.00$ 660 2.00 1,320.00 15,840.00 3,960.00 33.33% ROCKEFELLER 301 451.50 5,418.00$ 301 2.00 602.00 7,224.00 1,806.00 33.33% SOSTA CUCINA 72 108.00 1,296.00$ 72 2.00 144.00 1,728.00 432.00 33.33% UNCORKED 264 396.00 4,752.00$ 264 2.00 528.00 6,336.00 1,584.00 33.33% BROTHERS BURRITOS 450 675.00 8,100.00$ 450 2.00 900.00 10,800.00 2,700.00 33.33% TACOS EL GOLOSO 91 136.50 1,638.00$ 91 2.00 182.00 2,184.00 546.00 33.33% TWO GUNS ESPRESSO 55 82.50 990.00$ 55 2.00 110.00 1,320.00 330.00 33.33% THE SOURCE CAFÉ 620 930.00 11,160.00$ 620 2.00 1,240.00 14,880.00 3,720.00 33.33% HEAVENLY COUTURE 150 225.00 2,700.00$ 150 2.00 300.00 3,600.00 900.00 33.33% PIER SURF 180 270.00 3,240.00$ 180 2.00 360.00 4,320.00 1,080.00 33.33% SPYDER II INC.200 300.00 3,600.00$ 200 2.00 400.00 4,800.00 1,200.00 33.33% TREASURE CHEST 156 234.00 2,808.00$ 156 2.00 312.00 3,744.00 936.00 33.33% WAVES 247 370.50 4,446.00$ 247 2.00 494.00 5,928.00 1,482.00 33.33% GRAND TOTAL TOTAL 214,884.00 TOTAL 27,538.00 324,756.00 109,872.00 51.13% GRAND TOTAL 555,516.96 GRAND TOTAL 88,471.28 913,260.36 357,743.40 64.40% Removed decks AGAVE AZUL 480 720.00 8,640.00 DECADENCE 372 558.00 6,696.00 ROK SUSHI 420 630.00 7,560.00 GRAND TOTAL 22,896.00 Out of Businness THE SPOT (out of business)100 150.00 1,800.00 GRAND TOTAL 1,800.00 RENT/ SF/MONTH RENT/ MONTH ANNUAL RATE SQ. FOOTAGE AMT PAID @ $1/SQ. FT. ANNUAL RATE SQ. FOOTAGE SQ. FOOTAGE AMT PAID @ $1.50/SQ. FT. ANNUAL RATE TOTAL TOTAL SQ. FOOTAGE AMT PAID @ $1.50/SQ. FT. TEMPORARY AMT PAID @ $1.50/SQ. FT ANNUAL RATE 4/12/2023 458 Retail Off Plaza (to be eliminated) MOBI SCOOTERS (to be removed)96 144.00 1,728.00 BEACH BOUND (to be removed)36 54.00 648.00 FUNDAMENTAL COAST (to be removed)15 22.50 270.00 GRAND TOTAL 2,646.00 TOTAL DISCONTINUED ENCROACHMENTS 27,342.00 Notes: 1 Open after Midnight July - September only 2 Two different fees - Additional Patio not open after Midnight MARKET RATE FEE 3 Open after Midnight July - September only ON PIER PLAZA LOCATIONS $5.67 4 Encroachment rate varies: Jan-Mar $0 (patio closed), Apr-Jun $855 (half of patio), Jul-Sep $1,710 (full patio), Oct-Dec $285 (half of patio-one month)ON NON-PIER PLAZA LOCATIONS $4.83 5 Snack Shop Rate (CC:6/12/07)ON EAST OF HERMOSA AVENUE $4.00 6 Monthly fee based on 884 Sq Ft*$3.32/Sq Ft (Tower 12 rent/sf $6.64 x 50%). The rent will increase as the rent of the underlying lease between Pierside and Tower 12 increases. 7 Owner would like to start on 02/15/2023 8 Split Rate - 3 days @ $5 and 4 days @ $2 9 Temporary Area currently charged $1.50 *Various hours of operation, not year round PLAZA SNACK SHOPS, OFF PLAZA, RETAIL, SIDEWALK $2.00 ON PIER PLAZA LOCATIONS - LATE NIGHT $6.00 ON PIER PLAZA LOCATIONS - NON-LATE $3.00 NEW PROPOSED RATES TOTAL SQ. FOOTAGE AMT PAID @ $1.50/SQ. FT. ANNUAL RATE 4/12/2023 459 1 t +1 213 267 2332 | f +1 213 318 0744 info@gentecsol.com | www.gentecsol.com 11900 W Olympic Blvd., Ste 450 | Los Angeles, CA 90064 GTS | General Technologies and Solutions MEMORANDUM Date: April 13, 2023 GTS: 190507.8 To: City of Hermosa Beach From: GTS Subject: Benefits of lane reconfiguration for outdoor dining on Hermosa and Pier Avenues This memo discusses the benefits of the lane reconfiguration that was implemented in 2020 on Hermosa and Pier Avenues in the City of Hermosa Beach. The reconfiguration removed one lane of traffic in each direction and added bicycle lanes. The study area is shown in Figure 1. Figure 1. Study area map 460 2 Background Lanes were reconfigured in 2020 on Pier Avenue from Palm Drive to Bard Street (0.25 mile) and on Hermosa Avenue from 8th Street to 14th Street (0.3 mile). Both road segments are commercial areas with a high density of restaurants and bars. Prior to the reconfiguration, each of the road segments had two travel lanes in each direction (not including turn lanes). The travel lanes on Hermosa Avenue were 12 feet wide, and the travel lanes on Pier Avenue varied between 10 and 12 feet. As an example, a portion of the reconfiguration is shown in Figure 2 below. Concurrently, restaurants were permitted to convert adjacent on-street parking spaces for outdoor dining, constructing dining decks, as can be seen in the figure below. In the reconfigured street cross-section, there is one vehicular travel lane in each direction, about 11 feet wide, and a 5-foot-wide bicycle lane in each direction. The additional space allows for a buffer zone, separating the bicycle lanes from the on-street parking and the dining decks. Figure 2. Aerial view of Hermosa Avenue between 13th Street and 14th Street in January 2020 (left) and August 2021 (right) 461 3 In addition, the intersection of Hermosa Avenue and Greenwich Village (at the North End Bar and Grill) was reconfigured, converting the slip right-turn lane to outdoor dining space. Because of the tight radius, vehicles cannot turn right from Greenwich Village onto Hermosa Avenue. A traffic study in 2020 determined that the closure of this right-turn option would be feasible. The previous and existing cross-sections of Hermosa Avenue and Pier Avenue are shown in the figures below. Figure 3. Hermosa Avenue - previous cross-section (looking north) Figure 4. Hermosa Avenue - existing cross-section (looking north) Figure 5. Pier Avenue - previous cross-section (looking east) Figure 6. Pier Avenue - existing cross-section (looking east) 462 4 Discussion 1.Benefits of Lane Reconfiguration Reductions in road capacity, often referred to as “road diets,” can be beneficial for some high-density commercial areas where the reduction in speed and increased accommodation of non-automobile modes lead to a safer and more pleasant environment. This is especially true for commercial areas that are a focus for street life, where the street functions more as a community gathering place and less as a corridor for moving traffic through. Several recent success stories exist, such as in New York City, where an economic study of 7 road diet corridors found consistent increases in business revenues. From a traffic engineering perspective, the lane reconfiguration confers the following benefits: 1. Speeds are lower, assumed to be a result of the following factors: a. Without a passing lane, speeds are limited to the speed of the lead vehicle in the through lane. b.The presence of bicycle lanes has been shown to have a traffic-calming effect, slowing driving speeds. c.The presence of vertical features that narrow the perceived width of the roadway (such as dining decks) has been shown to reduce driving speeds. Lower speeds reduce the frequency of collisions because road users have more time to react to each other and prevent a collision. At lower speeds, any collisions that do occur will also be less severe. As an example, this was already demonstrated by the earlier Complete Streets redesign of Pier Avenue in Hermosa Beach, which led to a crash reduction factor of 0.6, according to the City’s General Plan. 2.The traffic noise level experienced by diners on the outdoor dining decks (as well as for pedestrians on the sidewalk) is lower. The reconfiguration with bicycle lanes brings about a minimum separation of approximately 12 feet between outdoor diners and automobiles in the through lanes. By comparison, if the outdoor dining decks remained and the previous 4- lane configuration were restored, there could be a separation of as little as 3 feet between diners and moving vehicles. The noise level experienced by diners is further reduced by the assumed reduction in speed, since vehicles traveling faster make more noise. 3.The separation between dining decks and through traffic, mentioned above, is beneficial for safety. With through traffic separated from dining decks by a 12-foot buffer, it is less likely that a motor vehicle will collide with a dining deck. Several other jurisdictions require a buffer, such as a bike lane or space of comparable width, between automobile through lanes and parklets. 4.The lane reconfiguration reduces the effective pedestrian crossing distance and improves the comfort and safety of pedestrians crossing at crosswalks, because on each side of the roadway there is one less lane of traffic for pedestrians to cross. 5.Pedestrian and bicycle traffic have increased in the study area, which can be assumed to benefit local businesses. Pedestrian traffic increased by 52% on Pier Ave. and by 23% on Hermosa Ave. between August 2021 and July 2022. Bicycle traffic increased by 44% on Pier Ave. and by 27% on Hermosa Ave. in the same timeframe. 6.Based on traffic volumes, four lanes are more capacity than is needed. Per 2015 volume and capacity measurements in the Plan Hermosa Environmental Impact Report (p. 4.14- 16), the section of Hermosa Avenue in the study area had a capacity of 22,000 daily vehicles and a volume of 11,128 average daily traffic (ADT), with a volume-to-capacity (V/C) ratio of 0.384 (indicating that excess capacity is present) and level of service A (which indicates free-flowing traffic). Pier Avenue had a capacity of 29,000 daily vehicles and a volume of 13,352, with a V/C ratio of 0.46 and level of service A. More recent traffic volume measurements (July 2022) showed similar volumes (11,749 for Hermosa Ave. at 11th St. and 11,059 for Pier Ave. between Hermosa Ave. and Monterey Blvd.). Free-flowing traffic 463 5 at 30 MPH is not necessarily desirable for a business corridor with many pedestrian-oriented destinations; as noted above, lower speeds result in a safer and quieter environment. 7. The removal of the slip lane at the North End Bar & Grill, besides benefiting a local business, has had the benefit of increasing this intersection’s role as a pedestrian-friendly community node (there are also a coffee shop and a restaurant in the immediate area). 2. Shoulder and Buffer Requirements According to the Caltrans Highway Design Manual (HDM), 7th edition (2022), Topic 302, which references Caltrans Design Information Bulletin No. 79-04, an 8-foot shoulder is required for two- lane roads with ADT between 6,001 and 18,000. This requirement is satisfied by the 5-foot bike lane plus 3 feet of buffer space on Hermosa Ave. and Pier Ave. With 4 lanes of traffic, there would not be adequate space to satisfy the shoulder requirement with dining decks present. The HDM allows barriers to encroach into the clear recovery zone. Per Section 309.1(1): “Certain yielding types of fixed objects, such as sand filled barrels, guardrail, breakaway wood posts, etc. may encroach within the clear recovery zone. While these objects are designed to reduce the severity of accidents, efforts should be made to maximize the distance between any object and the edge of traveled way.” Also per the HDM, Topic 1003 – Bikeway Design Criteria, “A minimum 2-foot horizontal clearance from the paved edge of a bike path to obstructions shall be provided.” The above points are important to note from a liability perspective in case a collision occurs. The current design provides the minimum required 2-foot buffer for the bike lanes and the 8-foot shoulder (which includes the bike lane) for the dining decks. 3. Alternative Parking Schemes Angled parking currently exists on the north side of Pier Avenue. This side of Pier Avenue is 40 feet wide from the curb to the median. There is a 5-foot buffer space for vehicles backing out of the angled spaces. By contrast, each side of Hermosa Avenue is 32 feet from the curb to the median, and angled parking on Hermosa Avenue would leave no buffer space between vehicles backing out and vehicles in the through lanes. This is shown in Figure 7. 464 6 Figure 7. Comparison of buffer space available with angled parking on Pier Ave. (existing) and on Hermosa Ave. (hypothetical). The following alternative on-street parking concepts were developed for Hermosa Avenue between 10th and 14th Streets: •Concept 1: 30° reverse angled parking (45 spaces). This concept included reduction from 4 to 2 through lanes and added bicycle lanes on the outside of the parking lanes (adjacent to the through lanes). •Concept 2: 30° head-in angled parking (42 spaces). This concept also reduced the roadway from 4 to 2 through lanes and included bicycle lanes mostly on the inside of the parking lanes (adjacent to the sidewalk), except for one block where the northbound bicycle lane would have been adjacent to the vehicular lane. •Concept 3: 45° reverse angled parking (70 spaces). This concept also reduced the roadway from 4 to 2 through lanes, but the 45° angled parking does not leave adequate buffer space for vehicles backing out from a safety perspective. It would also require removal of the bike lanes. The current design includes 57 parallel parking spaces in the same section. Summary The following points summarize the key findings of this memo. 1.With 4 lanes, both Hermosa Ave. and Pier Ave. had more capacity than needed, while with 2 lanes the capacity is adequate. 2.Due to the HDM shoulder requirement, 4 lanes of traffic are not compatible with dining decks on either Hermosa Ave. or Pier Ave. 3.Angled parking on Hermosa Ave. would result in no buffer space for safe backing (as compared to the existing angled parking on Pier Ave.). 4.The bicycle lanes strengthen the citywide bicycle network and connect to future bike facilities that are in Plan Hermosa. 465 7 References Cai, Q., Abdel-Aty, M., Zheng, O., & Wu, Y. (2022). Applying machine learning and google street view to explore effects of drivers’ visual environment on traffic safety. Transportation research part C: emerging technologies, 135, 103541. Caltrans. Design Information Bulletin No. 79-04 (2019). https://dot.ca.gov/programs/design/design- information-bulletins-dibs/dib-79-04 Caltrans. Highway Design Manual, 7th edition (2022). https://dot.ca.gov/programs/design/manual- highway-design-manual-hdm FHWA. High-Volume Road Diet Success in Los Angeles. https://safety.fhwa.dot.gov/ped_bike/step/resources/docs/step_case_studies_LADOT_roaddiet.pdf Hermosa Beach, City of (2017). Plan Hermosa: Integrated General Plan and Coastal Land Use Plan. Hermosa Beach, City of (Jan. 13, 2023). Post‐Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project. Prepared by Fehr & Peers. Jouliot, Dylan. Gaining Wait? Analyzing the Congestion Impacts of Road Diets in Los Angeles. https://www.ucits.org/research-project/2018-57/ Nanayakkara, P. K., Langenheim, N., Moser, I., & White, M. (2022). Do safe bike lanes really slow down cars? A simulation-based approach to investigate the effect of retrofitting safe cycling lanes on vehicular traffic. International journal of environmental research and public health, 19(7), 3818. New York City Department of Transportation. The Economic Benefits of Sustainable Streets. https://www.nyc.gov/html/dot/downloads/pdf/dot-economic-benefits-of-sustainable-streets.pdf Santa Monica Next. Recent Spate of Fatal Crashes in Santa Monica a Sobering Reminder of Gaps in Street Safety (April 7, 2017). https://www.santamonicanext.org/2017/04/recent-spate-of- fatal-crashes-in-santa-monica-a-sobering-reminder-of-gaps-in-street-safety/ Sweet, M. N. (2014). Do firms flee traffic congestion?. Journal of Transport Geography, 35, 40-49. 466 Post‐Pilot Vehicle, Pedestrian &  Bicycle Volume & Speed  Monitoring  Project  Prepared for: City of Hermosa Beach  January 13, 2023 467 Table of Contents  Key Takeaways ............................................................................................................................... 4  Introduction ................................................................................................................................... 5  Big Data Evaluation – Downtown Hermosa Beach .................................................................... 6  StreetLight Big Data Methodology ....................................................................................................................................... 6  Downtown Activity .............................................................................................................................................................. 6  Trip Distribution ................................................................................................................................................................... 7  27th Street Diversion ........................................................................................................................................................... 9  Downtown Route Travel Time ........................................................................................................................................ 9  Downtown Travel Runs ....................................................................................................................................................10  Empirical Data Evaluation – Downtown Hermosa Beach ........................................................ 12  Helmet Wearing and E-Bike Data................................................................................................................................17  Empirical Data Evaluation – North School Area ....................................................................... 21  468 List of Figures  Figure 1 – Downtown Trip Distribution Primary/Secondary Routes Summer 2019 to Summer 2021 ............... 8  Figure 2 – Midday Peak Hour Segment Volumes ................................................................................................................. 16  Figure 3 – Percent Change in Midday Peak Hour Segment Volumes .......................................................................... 16  Figure 4 – Downtown Daily Segment 85th Percentile Speeds (mph) ............................................................................ 17  Figure 5 – Change in Pedestrian/Walking Activity in Downtown .................................................................................. 18  Figure 6 – Change in Bicyclist Activity in Downtown .......................................................................................................... 18  Figure 7 – Helmet vs. No Helmet Bicyclist Counts in Downtown ................................................................................... 19  Figure 8 – E-bike vs. Non E-bike Bicyclist Counts in Downtown .................................................................................... 19  Figure 9 – Helmet vs. No Helmet E-bike Bicyclist Counts in Downtown ..................................................................... 20  List of Tables  Table 1 – Downtown activity from Summer 2019 to Summer 2021 ................................................................................ 7 Table 2 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021 .................................................................................................................................................................................. 8 Table 3 – 27th Street activity from Summer 2019 to Summer 2021 ................................................................................ 9 Table 4 – Downtown Bidirectional Route Travel Time from Summer 2019 to Summer 2021 ............................ 10 Table 5 – Travel Time Runs During Weekday PM Peak Period ....................................................................................... 11 Table 6 – Observed Daily Traffic Volumes in Downtown in August, 2021 and July, 2022 ................................... 14 Table 7 – Observed Midday Peak Hour (1:45 pm – 2:45 pm) Traffic Volumes in Downtown in August, 2015 and July, 2022 ............................................................................................................................................................ 15 Table 8 – Observed Daily Traffic Volumes October, 2021 and October, 2022 ......................................................... 22 Table 9 – 85th Percentile Speeds October, 2021 and October, 2022 ........................................................................... 24 Table 10 – Observed AM Peak Hour Traffic Volumes in the North School Area in November/December, 2015 and October, 2022 ........................................................................................................................................ 26 469 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 4 Key Takeaways  •Big Data – A 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, while secondary routes (potential diversion) experienced a decrease in distribution. 27th Street experienced a 1% decrease in distribution, making it highly 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 ended in 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. •Empirical Data – When comparing the AM peak hour October 2022 counts with the 2015 counts from the Traffic Impact Analysis conducted for the North Elementary School, vehicular volumes decreased overall by 20%. Some locations experienced increases in volumes while others experienced more significant decreases in the volumes. These fluctuations are expected as the count periods are static in time and only reflect a single day of counts. •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. 470 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 5 Introduction  The purpose of this study is to provide vehicle, pedestrian and bicycle count and speed data in the City of Hermosa Beach, primarily to compare pre and post mobility pilot implementation in Downtown Hermosa Beach. Multiple data sources and methodologies were used to assess changes in data, particularly because the COVID 19 pandemic occurred over the course of this data monitoring and pilot project implementation. This report is divided into four sections, including this introduction. The second section is focused on data comparisons for Downtown Hermosa Beach using location based origin destination data, referred to as Big Data analysis. The third section focuses on in-field empirically collected data for Downtown, and the fourth section focuses on empirically collected data for the North School area. 471 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 6 Big Data Evaluation – Downtown   Hermosa Beach  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, Origin-Destination (O-D) and more. StreetLight algorithmically transforms trillions of location data points into contextualized, aggregated, and normalized travel pattern data to deliver unique 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 using StreetLight Data was conducted to assess the potential change in Downtown visitation and overall activity from summer 2019 to summer 2021. Table 1 shows for the All Day (12am -12am) day part 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, the increase from summer 2020 to summer 2021 indicates that Downtown activity and visitation is likely returning to pre-COVID conditions. 472 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 7 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) 26,413 15,865 (-40%) 21,233 (-20%) Peak AM (6am - 10am) 2,761 1,725 (-38%) 2,272 (-18%) Mid-Day (10am-3pm) 7,831 5,648 (-28%) 7,048 (-10%) Peak PM (3pm-7pm) 7,263 4,764 (-34%) 6,001 (-17%) Source: Fehr & Peers / StreetLight, Inc. Trip Distribution An Origin-Destination analysis using StreetLight Data 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. 27 th 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, the average daily (All Day 12am – 12am) 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. Figure A-1 in the appendix shows the locations in at which StreetLight volumes were collected. 473 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 8 Table 2 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021 Zone ID Zone Name Trip Distribution 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: Fehr & Peers / StreetLight, Inc. Figure 1 – Downtown Trip Distribution Primary/Secondary Routes Summer 2019 to Summer 2021 Source: Fehr & Peers / StreetLight, Inc. 474 9 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 27th Street Diversion A zone activity analysis using StreetLight Data was conducted to assess overall activity along 27th Street from summer 2019 to summer 2021. Table 3 shows for the All Day (12am -12am) day part from summer 2019 to summer 2021, 27th Street experienced a decrease in overall activity from pre-COVID / pre-pilot conditions. Additionally, roughly 21% of trips traveling along 27th Street started 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: Fehr & Peers / StreetLight, Inc. Downtown Route Travel Time An assessment of travel time along primary and secondary routes used to travel to and from Downtown using StreetLight Data was conducted to highlight potential congestion along cut through routes as a result of the lane reductions. Table 4 highlights average bidirectional travel time for each route starting or ending at the Pier Avenue and Hermosa Avenue intersection for each summer period. All but one route experienced decreases in average travel time from summer 2019 to summer 2021. The Pier Avenue to Manhattan Avenue to 27th Street route experienced a 36% increase in travel time. The Manhattan Avenue segment between Pier Avenue and Monterey Boulevard nearly doubled in travel time while all other segments remained consistent with pre-pilot conditions. This could potentially be due to traffic opting to use Manhattan Avenue as a cut through route instead of Hermosa Avenue to travel to and from Downtown. Figure A-2 in the appendix shows the extent of each route. 475 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 10 Table 4 – Downtown Bidirectional Route Travel Time from Summer 2019 to Summer 2021 Route Name Summer 2019 Summer 2020 Summer 2021 Travel Time (min) Travel Time (min) Travel Time (min) 1 Pier Avenue 4.7 3.7 4.1 2 Hermosa Avenue to Herondo Street 4.1 4.0 3.7 3 Hermosa Avenue to 27th Street 6.5 5.7 5.2 4 Hermosa Avenue to 8th Street 4.7 4.1 4.4 5 Pier Avenue to Manhattan Avenue to 8th Street 10.5 7.6 7.4 6 Pier Avenue to Monterey Boulevard to 8th Street 6.0 4.9 5.1 7 Pier Avenue to Manhattan Avenue to 27th Street 9.1 12.2 12.4 8 Pier Avenue to Monterey Boulevard to Manhattan Avenue to 27th Street 9.1 7.8 6.9 Source: Fehr & Peers / StreetLight, Inc. Downtown Travel Runs Empirically collected time runs were collected on one primary route and one secondary route during PM Peak Period (4-6 PM) on a Thursday in December 2022 through Downtown. The intent of this assessment was to assess the potential for using alternative or cut-through routes in and out, and through Downtown from a perspective of travel time, and to compare to StreetLight Data’s travel time estimates. StreetLight Data travel times were during PM Peak Period (4-6 PM) for an average weekday (Tuesday-Thursday) in December 2021. Figure A-3 in the appendix highlights the one primary and one secondary route that were analyzed, both starting at the Hermosa Avenue and Herondo Street intersection: Route 1: Hermosa Avenue to Pier Avenue to Ardmore Avenue to Gould Avenue Route 2: Hermosa Avenue to 27th Street/Gould Avenue to Ardmore Avenue A total of two travel time runs were conducted and averaged in each direction for each route. Both routes are approximately 1.8 miles in length. On average, route 1 was roughly 30 seconds faster in each direction (Table 5). One reason for this is PM Peak Period congestion traveling eastbound and westbound at the Gould Avenue and Valley Drive/Ardmore Avenue intersection. When comparing the bidirectional travel time runs with the StreetLight Data travel time estimates, StreetLight Data’s travel times were approximately 5.6% faster than the travel time runs for Route 2. While the difference between the two data points is small, it is important to note that the travel time run represents a single period in time for one day, whereas StreetLight Data estimates travel time based on an average of multiple weekdays and Peak PM periods for an entire month. StreetLight Data captures a much greater sample size and range of travel times which is more indicative of both historical and existing travel times. Route 1 was not compared in this analysis since a portion of the route was not included in the StreetLight travel time segments. 476 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 11 Table 5 – Travel Time Runs During Weekday PM Peak Period Route Travel Time Runs (min.) StreetLight Data (min.) Route 1 6.7 NA Route 2 7.3 6.9 477 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 12 Empirical Data Evaluation–  Downtown Hermosa Beach  In addition to the big data summary using StreetLight Data, observed changes in traffic volumes and bicycle/pedestrian activity along several Downtown streets in Hermosa Beach after the installation of the pilot project using 24-hour counts were summarized. 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 6 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) 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 7 below provides a summary of the overall change in daily traffic volumes between July 2022 midday peak hour counts and August 2015 midday peak hour 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) 478 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 13 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 slight 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 experienced minor increases in total volume (though percentage change was largely due to these roads carrying low traffic volumes during the midday hour) while the lane reduction sections (Hermosa Avenue and Pier Avenue) experienced minimal change. While the alternative Downtown routes experienced increases in volumes, the total peak hour volume changes were negligible in aggregate. When comparing the results of the StreetLight trip distribution summary in Table 2 with the midday weekend peak hour volumes in Table 5, it’s important to note that StreetLight accounts for a broader range of all day weekend travel patterns averaged over a substantial period of time with many samples, making it a more accurate representation of traffic flows and potential traffic diversion. The midday traffic counts were snapshots in time and represent just 2 samples on the corridors as opposed to many samples in the StreetLight data. When looking closer at the vehicular volumes in Tables 6-7 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. 479 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 14 Table 6 – 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%480 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 15 Table 7 – 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% 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%481 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 16 Figure 2 – Midday Peak Hour Segment Volumes Figure 3 – Percent Change in Midday Peak Hour Segment Volumes 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 Street bt Hermosa & Monterey Hermosa Avenue n/o 11th Hermosa Avenue n/o 13th Pier Avenue bt Hermosa & Monterey Monterey Boulevard bt 11th & Pier Pier Avenue w/o Valley Manhattan Avenue bt Pier & 14th Manhattan Avenue bt Pier & 10th Monterey Boulevard bt 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 Street bt Hermosa & Monterey Hermosa Avenue n/o 11th Hermosa Avenue n/o 13th Pier Avenue bt Hermosa & Monterey Monterey Boulevard bt 11th & Pier Pier Avenue w/o Valley Manhattan Avenue bt Pier & 14th Manhattan Avenue bt Pier & 10th Monterey Boulevard bt Pier & 16th Percent Change in Midday Peak Hour Segment Volumes from August (Saturday) 2015 vs. July (Saturday) 2022 482 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 17 Figure 4 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 4 – Downtown Daily Segment 85th Percentile Speeds (mph) 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. Helmet Wearing and e-Bike Data 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). 23 22  24 24  29  19  22 21  24 23  28  20  - 5 10 15 20 25 30 35 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 Pier Ave w/o Valley Dr85th Percentile Speed (mph)Downtown Daily Segment 85th Percentile Speeds (mph) August (Saturday) 2021 v. July (Saturday) 2022 August (Saturday) 2021 July (Saturday) 2022 483 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 18 Figure 5 – Change in Pedestrian/Walking Activity in Downtown Note: Collected using cameras then counted, includes skateboarders Figure 6 – Change in Bicyclist Activity in Downtown Note: Collected using cameras then counted, excludes scooters 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 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 Change in Pedestrian/Walking Activity August 2021 v. July 2022 Aug-21 Jul-22 107 612 650 300 62113 779 804 433 54 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 Change in Bicyclist Activity August 2021 v. July 2022 Aug-21 Jul-22 484 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 19 Figure 7 – Helmet vs. No Helmet Bicyclist Counts in Downtown Note: Collected using cameras then counted Figure 8 – E-bike vs. Non E-bike Bicyclist Counts in Downtown Note: Collected using cameras then counted 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 485 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 20 Figure 9 – Helmet vs. No Helmet E-bike Bicyclist Counts in Downtown Note: Collected using cameras then counted 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 486 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 21 Empirical Data Evaluation ‐ North   School Area  Overall, the 16 North School Area count locations saw an average decrease of 13% in daily vehicular volumes from October, 2021 to October, 2022 (Table 8). Locations that experienced the most significant decreases in volume included 24th and 25th Street between Park Avenue and Valley Drive, and 26th Street between Manhattan Avenue and Morningside Drive. Additionally, Table 9 shows 85th percentile speeds between the two periods experienced minimal change overall with a decrease of 1% in speeds for northbound and eastbound travel and a decrease of 3% in speeds for southbound and westbound travel. The October, 2022 counts were also compared against the 2015 counts from the traffic impact analysis conducted for the North Elementary School in April 2017 (Table 10). Overall, locations experienced a decrease of 20% in AM peak hour vehicular volumes from November/December, 2015 to October, 2022. 487 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 22 Table 8 – Observed Daily Traffic Volumes October, 2021 and October, 2022 North School Area 2021 Post-Pilot October Traffic Volumes (Thursday) 2022 Post-Pilot October Traffic Volumes (Thursday) No. Street Segment October 2021 NB/EB October 2021 SB/WB October 2021 Total Segment Volumes October 2022 NB/EB October 2022 SB/WB October 2022 Total Segment Volumes % Change in Total Volume s 1 Manhattan Ave S/O 25th St 2,100 1,860 3,960 1,578 1,905 3,483 -12% 2 Valley Dr Bet. Gould Ave & 25th St 1,933 3,526 5,459 1,764 3,945 5,709 5% 3 27th Ct Bet. Morningside Dr & Ozone Ct 21 55 76 12 50 62 -18% 4 Ozone Ct Bet. 24th St & 27th St 23 25 48 29 18 47 -2% 5 26th St Bet. Manhattan Ave & Morningside Dr 231 286 517 5 338 343 -34% 6 25th St Bet. Manhattan Ave & S Park Ave 211 260 471 225 371 596 27% 7 25th St Bet. S Park Ave & Valley Dr 338 477 815 97 44 141 -83% 8 24th Pl Bet. S Park Ave & Valley Dr 216 177 393 254 159 413 5% 9 24th St Bet. S Park Ave & Valley Dr 362 335 697 231 148 379 -46% 10 24th St Bet. S Park Ave & Manhattan Ave 339 187 526 170 316 486 -8% 11 Silverstrand Ave Bet. 25th St & 24th St 63 119 182 117 79 196 8% 12 Myrtle Ave Bet. 24th St & 26th St 75 221 296 79 203 282 -5% 13 S Park Ave Bet. 25th St & Monterey Blvd 319 509 828 438 300 738 -11% 488 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 23 North School Area 2021 Post-Pilot October Traffic Volumes (Thursday) 2022 Post-Pilot October Traffic Volumes (Thursday) No. Street Segment October 2021 NB/EB October 2021 SB/WB October 2021 Total Segment Volumes October 2022 NB/EB October 2022 SB/WB October 2022 Total Segment Volumes % Change in Total Volume s 14 Gould Ave W/O Valley Dr 3,453 3,876 7,329 3,263 3,699 6,962 -5% 15 Greenwich Village Bet. Hermosa Ave & 27th St - - - 2,897 3,417 6,314 - 16 Manhattan Ave Bet. 26th St & 27th St - - - 1,429 1,731 3,160 - NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change -13% 489 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 24 Table 9 – 85th Percentile Speeds October, 2021 and October, 2022 North School Area 2021 October 85th Percentile Traffic Speed (Thursday) 2022 October 85th Percentile Traffic Speed (Thursday) % Change Comparison No. Street Segment October 2021 NB/EB October 2021 SB/WB October 2022 NB/EB October 2022 SB/WB % Change in NB/EB Speed % Change in SB/WB Speed 1 Manhattan Ave S/O 25th St 29 28 24 25 -17% -11% 2 Valley Dr Bet. Gould Ave & 25th St 34 36 29 33 -15% -8% 3 27th Ct Bet. Morningside Dr & Ozone Ct - - - - - - 4 Ozone Ct Bet. 24th St & 27th St - - - - - - 5 26th St Bet. Manhattan Ave & Morningside Dr 19 19 18 19 -5% 0% 6 25th St Bet. Manhattan Ave & S Park Ave 22 20 28 24 27% 20% 7 25th St Bet. S Park Ave & Valley Dr 23 23 20 19 -13% -17% 8 24th Pl Bet. S Park Ave & Valley Dr 18 20 20 22 11% 10% 9 24th St Bet. S Park Ave & Valley Dr 23 24 24 22 4% -8% 10 24th St Bet. S Park Ave & Manhattan Ave 20 22 20 19 0% -14% 11 Silverstrand Ave Bet. 25th St & 24th St 23 24 20 20 -13% -17% 12 Myrtle Ave Bet. 24th St & 26th St 21 21 18 20 -14% -5% 13 S Park Ave Bet. 25th St & Monterey Blvd 23 23 23 24 0% 4% 490 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 25 North School Area 2021 October 85th Percentile Traffic Speed (Thursday) 2022 October 85th Percentile Traffic Speed (Thursday) % Change Comparison No. Street Segment October 2021 NB/EB October 2021 SB/WB October 2022 NB/EB October 2022 SB/WB % Change in NB/EB Speed % Change in SB/WB Speed 14 Gould Ave W/O Valley Dr 24 30 30 33 25% 10% 15 Greenwich Village Bet. Hermosa Ave & 27th St - - 19 18 - - 16 Manhattan Ave Bet. 26th St & 27th St - - 17 24 - - NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change -1% -3% 491 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 26 Table 10 – Observed AM Peak Hour Traffic Volumes in the North School Area in November/December, 2015 and October, 2022 North School Area 2015 Traffic Volumes (Tuesday/Thursday) 2022 Post-Pilot October Traffic Volumes (Thursday) No. Street Segment 2015 NB/EB 2015 SB/WB 2015 Total Segment Volumes October 2022 NB/EB October 2022 SB/WB October 2022 Total Segment Volumes % Change in Total Volume s 1 Manhattan Ave S/O 25th St 250 125 375 69 197 266 -29% 2 Valley Dr Bet. Gould Ave & 25th St 200 410 610 169 244 413 -32% 3 27th Ct Bet. Morningside Dr & Ozone Ct - - - - - - - 4 Ozone Ct Bet. 24th St & 27th St - - - - - - - 5 26th St Bet. Manhattan Ave & Morningside Dr 30 20 50 0 33 33 -34% 6 25th St Bet. Manhattan Ave & S Park Ave 40 60 100 27 112 139 39% 7 25th St Bet. S Park Ave & Valley Dr 40 50 90 14 5 19 -79% 8 24th Pl Bet. S Park Ave & Valley Dr - - - - - - - 9 24th St Bet. S Park Ave & Valley Dr 60 40 100 29 11 40 -60% 10 24th St Bet. S Park Ave & Manhattan Ave 40 20 60 13 64 77 28% 11 Silverstrand Ave Bet. 25th St & 24th St - - - - - - - 12 Myrtle Ave Bet. 24th St & 26th St 35 40 75 6 51 57 -24% 492 Post-Pilot Vehicle, Pedestrian & Bicycle Volume & Speed Monitoring Project January 13, 2023 27 North School Area 2015 Traffic Volumes (Tuesday/Thursday) 2022 Post-Pilot October Traffic Volumes (Thursday) No. Street Segment 2015 NB/EB 2015 SB/WB 2015 Total Segment Volumes October 2022 NB/EB October 2022 SB/WB October 2022 Total Segment Volumes % Change in Total Volume s 13 S Park Ave Bet. 25th St & Monterey Blvd 35 55 90 98 23 121 34% 14 Gould Ave W/O Valley Dr 300 230 530 206 261 467 -12% 15 Greenwich Village Bet. Hermosa Ave & 27th St 340 110 450 190 252 442 -2% 16 Manhattan Ave Bet. 26th St & 27th St 250 110 360 130 100 230 -36% NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change -20% 493 APPENDIX  494 Mo r n i n g s id e D r 22nd StArdmo r eAve29th Ct 16th St H e r mo s a A v e P a lm D r 22nd Ct Ma n h a t t a n Av ePark AveBonie Brae St 10th St 14th StOz o n e C t Pi e r A v e23rd St30th StMira St 8th St 15th PlProspec t Ave G ould A ve 21st St 25th St Loma Walk Beach D r28th St29th St26th StVal l eyDrLoma Dr17th St Ocean Dr Circle Ct Aubrey ParkCt28th Ct30th Pl Rhodes St 18th StGreenwichVillage Montgomery DrBard St 20th St AviationBlvdOak StPower St 11th St Borden Ave 8th CtBay View DrMy r t l e A v e 6th St 21st Ct Monterey B lvd Raymond Ave 11th Pl HarperA v e Sunset Dr 19th St 9th Ct CircleDr 10th Ct Tennyson St Val ley Park Ave 20th Ct 12th Ct 11th Ct 15th Ct 20th Pl13th Ct 8th P l14th Ct 19th Ct 7th St 16th Ct 18th Ct 9th St 17th Ct ElOeste Dr swodaeM S A evAva Ave27th Ct Springf ie ld Ave Porter Ln S i l v e r s t r a n d A v e 15th St 13th St Cypress Ave 24th St Gould T er Hi l lcrest Dr24th Pl Downtown Trip Distribution Count Locations Figure A-1 495 Hermosa Ave22nd St Palm Dr 3rd StManhattan Ave 22nd Ct Ardmore AveVal ley DrPark AveMonterey Blvd Ocean V iew Ave 14th St 10th StOz o n e C t Gravley CtBonie Brae St P ier A v e 23rd St Mira St 6th St 8 th S t 15th Pl 19th St Cochise AveProspect AveGould A v e T e n n y s o n P l Joy St 21st StLoma Walk Beach D r30th StGentry St28th St 1st St29th StAviation Blvd16th St G o l d e n A v e26th StLoma Dr 5th St Herondo StCulper CtN H a rbo r Dr Lyndon St Ocean Dr 3rd Ct AubreyParkCt28th Ct29th Ct30th PlRhodes StMeye r C tGreenwichVillageOwosso AveCypress AveBard St4th Ct 20th St 9th St Ormond LnCarnegie LnPower St Wylie Ln 17th St 7th St 7th Pl 11th St 5th Ct Hopkins StBorden AveMy r t l e A v e 6th Ct 21st Ct 7th Ct Pine StRaymond Ave 11th Pl 8th Ct 9th Ct Circle Dr Morni n gside D r 10th Ct Tennyson St Val ley Park Ave 20th Ct 12th Ct 11th Ct 15th Ct S i l v e r S t 25th St Campana St13th Ct 14th Ct Ha r p e r A v e 19th Ct 1st CtBay V iew Dr 18th St 16th Ct 18th Ct 8th Pl 17th Ct ElOeste DrS Meadows A evSunset DrAva Ave Oak St27th Ct 20th PlCorona StSpring f ie ld Ave Porter Ln 1st Pl S i l v e r s t r a n d A v e 15th St 13th St 24th St 4th St Gould T er Hi l l crestDr24th Pl 2nd St Downtown Routes Figure A-2 496 Hermosa Ave22nd StPalm Dr 3rd StManhattan Ave 22nd Ct Ardmore AveVal ley DrPark AveMonterey Blvd Ocean V iew Ave 14th St 10th StOz o n e C t Gravley CtBonie Brae St Pi e r A v e 23rd St Mira St 6th St 8 th S t 15th Pl 19th St Cochise AveProspect AveGould A v e T e n n y s o n P l Joy St 21st StLoma Walk Beach D r30th StGentry St28th St 1st St29th StAviation Blvd16th St G o l d e n A v e26th StLoma Dr 5th St Herondo StCulper CtN H a rbo r Dr Circle Ct Lyndon St Ocean Dr 3rd Ct AubreyParkCt28th Ct29th Ct30th PlRhodes StMeye r C tGreenwichVillageOwosso AveCypress AveBard St 4th Ct 20th St 9th St Ormond LnCarnegie LnPower St Wylie Ln 17th St 7th St 7th Pl 11th St 5th Ct Hopkins StBorden AveMy r t l e A v e 6th Ct 21st Ct 7th Ct Pine StRaymond Ave 11th Pl 8th Ct 9th CtCircleDr Morni n gside D r 10th Ct Tennyson St Val ley Park Ave 20th Ct 12th Ct 11th Ct 15th Ct S i l v e r S t 25th St Campana St13th Ct 14th Ct Ha r p e r A v e 19th Ct 1st CtBay V iew Dr 18th St 16th Ct 18th Ct 8th Pl 17th Ct ElOeste DrS Meadows A evSunset DrAva Ave Oak St27th Ct 20th PlCorona StSpring f ie ld Ave Porter Ln 1st Pl S i l v e r s t r a n d A v e 15th St 13th St 24th St 4th St Gould T er Hi l l crestDr24th Pl 2nd St Downtown Travel Time Run Routes Route ID Route 1 Route 2 Figure A-3 497 OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATIONS April 25, 2023 498 OUTDOOR DINING •During the COVID-19 pandemic, the City moved quickly to offer outdoor dining and other associated programs •This included on-street dining decks, downtown lane reconfigurations, private property dining, and additional encroachment areas on Pier Plaza 499 OUTDOOR DINING •In December 2021, City Council directed staff to come back with a permanent program •Fees of $1.50 per square foot per month were implemented on March 1, 2022 •Temporary orders extended the program multiple times with a final deadline of May 1st given by Council 500 OUTDOOR DINING •Staff worked to develop the long-term program elements •Community feedback collected from Council meetings, meetings with individual businesses, stakeholder groups, Economic Development Committee, surveys, and an information session meeting 501 COMMUNITY FEEDBACK Staff gathered feedback since 2020 from a variety of stakeholders. Some common themes: -Greatly enjoy the new vitality of downtown resulting from outdoor dining and music -Customers still want to eat outside, almost exclusively -Pier Plaza is the jewel of Hermosa and is more attractive than ever with the expanded encroachments -Pier Plaza’s expanded dining is diverting too many people away from non-Plaza businesses 502 COMMUNITY FEEDBACK (CONTINUED) -Bad weather and rising costs have made this (2022- 23) one of the worst seasons ever -Permanent on-street decks should be aesthetically pleasing but allowed to be individually creative -Encroachments should be open to public during the day when business is closed to maximize utilization -Live music program should continue also 503 LONG-TERM OUTDOOR DINING •Pertains only to Public Right-of-Way(not private property) •Pier Plaza •Off-street (i.e., Martha’s on 22nd Street and sidewalks) •On-street within parking spaces (Dining Decks) •Staff worked on multiple elements to develop the proposed permanent program 504 RECOMMENDATIONS Staff recommends City Council approval of: 1.An ordinance amending Hermosa Beach Municipal Code Chapter 12.16 to establish basic guidelines for a permanent outdoor dining and retail program; 2.A resolution establishing a new fee schedule for encroachments citywide; 3.A resolution establishing the downtown lane reconfigurations and bike lanes become permanent; 4.A resolution amending operational and design guidelines for Pier Plaza;and 5.CEQA determination for the program elements. 505 ADDITIONAL RECOMMENDATIONS •Staff will bring to Council at a later date a resolution adopting guidelines for operational and design standards for on-street dining decks This item is being delayed to help staff and its consultant fully assess all safety concerns and process efficiencies (plan submittal,standard specifications, etc). •Staff also suggest a phased in implementation to allow existing decks an efficient transition 506 ORDINANCE •Specifies maximum size for encroachments citywide •500 additional square feet for Pier Plaza and other off-street encroachments •1,000 square feet maximum total area •On-street encroachments limited to 2 parallel or 3 head-in parking spaces 507 508 ORDINANCE •Specifies encroachments may only be in business frontage (excluding on-street)•Subject to City approval, variations may be considered (Loreto Plaza) •Existing and expanded encroachments would be united administratively 509 ORDINANCE •Pier Plaza and off-street encroachments must close at midnight •On-street and off-Plaza encroachments close at 11:00 p.m. •City has authority to establish alternate hours of operation as needed (e.g., North End encroachment closes at 10:00 p.m.) 510 CURRENT FEE SCHEDULE •Currently four categories of encroachment fees:•Pier Plaza late night -$5/sq. ft. •Pier Plaza non-late night -$2/sq. ft. •Pier Plaza snack shop and off-Plaza - $1/sq. ft. •Temporary encroachments Citywide - $1.50/sq. ft. 511 PROPOSED FEE SCHEDULE •Fees for on-street encroachments from other agencies vary greatly, both on price and factors: Agency Fees Notes Manhattan Beach $3/sq.ft. per month (all encroachments)Suspended on-street program but exploring permanent program Redondo Beach $2/sq.ft. per month Exploring permanent program Santa Monica Approximately $2-4/sq.ft. monthly fee plus $1000 in one time admin. fees and $1300 per seat one-time wastewater fee Pre-existing and revised during pandemic San Francisco One-time fee of $3000 for first parking space occupied, $1500 for second. Additional $2000 per space annually for business with over $2 million gross receipts. Half if less than $2 million El Segundo No fees Future plans unclear at this time Long Beach $1375 one-time permit fee Additional inspection fees. Pre- existing program. Pasadena $7.75/sq.ft. or $4/sq.ft. per year depending on district. Parking meter recovery fee of $2.25/sq.ft. per year Pre-existing program Berkeley $1000-$5000 annually per parking space occupied plus upfront $1700 encroachment fee Based on parking meter revenue lost 512 APPRAISAL REPORT •Considered by Council in January 2023 •Examined all current temporary outdoor dining areas, on Plaza, sidewalks and on-street •Surveyed and analyzed the rates being charged in other market areas •Analyzed the market value of the land and applied a rate of return •Reconciled to the following rates for Hermosa Beach Locations Market Rental Rate (per square foot per month) Pier Plaza $5.67 Non-Pier Plaza (areas primarily along Hermosa Avenue, north and south of the Plaza) $4.63 East of Hermosa Avenue (primarily Pier Avenue,up to Pacific Coast Highway) $4.00 513 PROPOSED FEE SCHEDULE •Staff assessed information from: •Other agencies in the region; •Feedback from Chamber of Commerce business survey; •Feedback from direct communications with businesses; and •Consideration of our immediate neighbors 514 PROPOSED FEE SCHEDULE •Three categories proposed: •Late night Plaza with alcohol -$6/sq. ft. •Non-late night Plaza with alcohol -$3/sq. ft. •All others (Plaza with no alcohol, off-Plaza, sidewalk and on-street -$2/sq. ft. •Additional permit and plan check fees will apply but vary per application 515 LANE RECONFIGURATIONS •Resolution will make these elements permanent: •Downtown lane reconfigurations; •Downtown bike lanes; and •Limited street closures (North End). 516 PIER PLAZA AND OFF-STREET GUIDELINES •Guidelines in place since creation of Pier Plaza and revised multiple times, most recently in 2015 with additions during COVID-19 pandemic •Guide the operational and design standards:•Furniture placement, awning sizes, stanchion height, maintenance and cleanliness, etc. 517 PIER PLAZA AND OFF-STREET GUIDELINES •Proposed revisions would apply to all off-street encroachments•Prohibition from queueing included •Prohibitions from blocking ocean views •May be more easily revised (than code) as program evolves 518 CEQA DETERMINATION •On-street outdoor dining and lane reconfigurations were analyzed together •A Categorial Exemption was determined •City and consultants did thorough study of impacts to traffic, noise, and emissions to help inform determination 519 CEQA DETERMINATION •Changes to Pier Plaza and other encroachments determined to be Categorically Exempt as separate project 520 FUTURE MATTERS •On-street dining deck guidelines to return to City Council •City would need permit from Coastal Commission •Ongoing monitoring and adjustments are planned 521 OUTDOOR PERMIT PROGRAMS AND DOWNTOWN LANE RECONFIGURATIONS April 25, 2023 522 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0217 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 ASSIGNMENT AGREEMENT BETWEEN THE CITY OF WEST HOLLYWOOD AND THE CITY OF HERMOSA BEACH FOR THE EXCHANGE OF PROPOSITION A LOCAL RETURN FUNDS (Finance Director Viki Copeland) Recommended Action: Staff recommends City Council: 1.Approve an Assignment Agreement for a Proposition A (Prop A)Local Return Fund Exchange (Attachment 1)with the City of West Hollywood for $700,000 in City of Hermosa Beach Proposition A Funds in exchange for $490,000 of unrestricted funds from the City of West Hollywood; 2.Add estimated revenue of $490,000 in Prop A Exchange Funds in the General Fund and an appropriation of $700,000 for the fund exchange in the Prop A Fund to the 2022-23 Budget; 3.Add an assigned fund balance of $490,000 in the General Fund in 2022-23 to reserve the Prop A Exchange Fund revenue for future use as recommended in the upcoming 2023-24 Budget; and 4.Authorize the City Manager to execute documents incident to the Agreement. Executive Summary: The City of Hermosa Beach has an excess of Prop A Local Return Funds.The City of West Hollywood needs additional Prop A Funds for its transit operations.Staff recommends City Council approve a fund exchange with the City of West Hollywood at an exchange rate of $0.70 on the dollar. The Prop A Funds would remain restricted for the City of West Hollywood;the funds received by Hermosa Beach would become unrestricted and may be used for any purpose.Hermosa Beach would receive $490,000 in unrestricted funds in exchange for $700,000 in Prop A Local Return Funds. Background: Prop A Programs,administered by Los Angeles Metropolitan Transportation Authority (Metro),are funded by a half-cent sales tax measure approved by Los Angeles County voters in 1980 to finance a Transit Development Program.Twenty-five percent of the Prop A funds is designated to the Local Return Program to be used by cites and the County to benefit public transit.The City receives City of Hermosa Beach Printed on 4/25/2023Page 1 of 4 powered by Legistar™523 Staff Report REPORT 23-0217 Return Program to be used by cites and the County to benefit public transit.The City receives approximately $475,000 annually. Local Return Funds may be used for fixed route and paratransit services,Transportation Demand Management,Transportation Systems Management,and fare subsidy programs that exclusively benefit transit.Local Return Funds may also be traded to other jurisdictions in exchange for general or other funds.The City currently uses Prop A Local Return Funds for bus pass subsidies,the dial-a- taxi program,the Commuter Express program,recreation transportation,and special event shuttles. These ongoing programs total approximately $140,000 for 2022-23.The City has purchased bus stop furnishings,shelters,and trash cans on streets with bus routes in the past.If unused funds accumulate over a couple of years,these restricted funds may be exchanged with another agency in return for unrestricted funds. The City has exchanged Prop A Local Return Funds with the City of West Hollywood twice,occurring in FY 2019-20 and FY 2021-22.Each time,a portion of the unrestricted funds received by the City were used to fund an additional Assistant Engineer.The remaining unrestricted funds were “assigned”in the General Fund Balance for future funding of the Engineer.In FY 2021-22,those “assigned”funds were used to fund the additional Assistant Engineer for approximately three additional years. Past Council Actions Meeting Date Description July 23, 2019 The City Council approved an exchange of Prop A Funds with the City of West Hollywood for unrestricted funds to be used during the 2018-19 fiscal year. The unrestricted funds were used to fund an additional Assistant Engineer. The remaining unrestricted funds from the exchange were “assigned” in the General Fund Balance for future funding of the Engineer. July 13, 2021 The City Council approved an exchange of Prop A Funds with the City of West Hollywood for unrestricted funds to be used during the 2021-22 fiscal year. These funds were used to fund an additional Assistant Engineer. The remaining unrestricted funds were “assigned” in the General Fund Balance for future funding of the Engineer. City of Hermosa Beach Printed on 4/25/2023Page 2 of 4 powered by Legistar™524 Staff Report REPORT 23-0217 Discussion: Staff recommends exchanging the City’s excess Prop A Local Return Funds for unrestricted funds that may be used for any general fund municipal purpose.The City of West Hollywood has a need for additional Prop A Funds and is agreeable to an exchange. West Hollywood and Hermosa Beach have tentatively agreed to an exchange rate of $0.70 on the dollar.Metro confirmed that this was the prevailing rate for this type of fund exchange.If approved, the City would receive $490,000 in unrestricted use funds in exchange for $700,000 in Prop A Fund dollars.If approved,the exchange would be completed as soon as the agreement is signed.West Hollywood approved the agreement at its April 17, 2023 meeting. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The exchange of Prop A funds supports PLAN Hermosa goals and policies that are listed below. Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process . Policies: ·1.2 Strategic planning.Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. ·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. Fiscal Impact: In exchange for $700,000 in Proposition A Local Return Funds,the City would receive $490,000 in unrestricted funds for general use.Staff recommends City Council add the exchange fund revenue to the assigned fund balance in the General Fund in FY 2022-23.Use of the assigned funds would be recommended in the FY 2023 -24 budget. Attachments: 1. Assignment Agreement with the City of West Hollywood 2. Link to July 23, 2019 City Council Staff Report 3. Link to July 13, 2021 City Council Staff Report Respectfully Submitted by: Viki Copeland, Finance Director City of Hermosa Beach Printed on 4/25/2023Page 3 of 4 powered by Legistar™525 Staff Report REPORT 23-0217 Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 4 of 4 powered by Legistar™526 Attachment 1 ASSIGNMENT AGREEMENT PROPOSITION A LOCAL RETURN FUND EXCHANGE This Assignment Agreement is made and entered into this 17th day of April, 2023, by the City of West Hollywood, California and the 25th day of April, 2023 by the City of Hermosa Beach, California with respect to the following facts: A. The City of West Hollywood provides community shuttles, demand-response services and bus pass and on-demand subsidies to serve seniors, people with disabilities and the general public. Given the grave traffic congestion and parking problems of the City, West Hollywood is committed to reducing auto dependency by providing alternative modes of transportation. Adequate Proposition A Local Return funding for transit services are not available given the limited amount of West Hollywood's Local Return allocation. B. The City of Hermosa Beach has an accumulation of uncommitted Proposition A Local Return funds which could be made available to the City of West Hollywood to assist in providing the services discussed in Section A of this Agreement. In exchange for the assignment by the City of West Hollywood of the amount of its general funds indicated in Section 1 below, the City of Hermosa Beach is willing to assign uncommitted Proposition A Local Return funds to West Hollywood for the purpose identified in Section A. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. The City of Hermosa Beach agrees to assign a total of $700,000 in uncommitted Proposition A Local Return funds in Fiscal Year 2022-23 to the City of West Hollywood. In exchange, the City of West Hollywood agrees to assign $490,000 of its general funds to the City of Hermosa Beach in Fiscal Year 2022 – 2023. The rate of exchange is $0.70/$1.00. 2. Consideration. The City of Hermosa Beach shall assign the agreed upon Proposition A Local Return funds to West Hollywood in one lump-sum payment. West Hollywood shall likewise assign the agreed upon general funds to the City of Hermosa Beach in one lump-sum payment. The payment shall be due and payable upon execution of this Agreement, and upon approval by Los Angeles County Metropolitan Transportation Authority (LACMTA) of the City of West Hollywood’s project description. Each payment shall be based on the exchange rate in accordance with the exchange rate described in paragraph 1. 3. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement, to be completed no later than June 30, 2023. 527 Prop A Funds - Assignment Agreement City of West Hollywood Approval: 17 April, 2023 City of Hermosa Beach Approval: 25 April, 2023 2 4. Termination. Termination of this Agreement may be made by either party so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination. 5. Notice Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: A. David Wilson City Manager City of West Hollywood 8300 Santa Monica Blvd. West Hollywood, CA 90069 B. Suja Lowenthal City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 6. Assurances A. West Hollywood shall use the assigned Proposition A Local Return funds only for the purpose of providing the services discussed in Paragraph A of this Agreement and within the time limits specified in LAC Metro’s Proposition A Local Return Program Guidelines. B. Concurrently with the execution of this Agreement, West Hollywood shall provide LA Metro with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds. 528 Prop A Funds - Assignment Agreement City of West Hollywood Approval: 17 April, 2023 City of Hermosa Beach Approval: 25 April, 2023 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF WEST HOLLYWOOD on April 17, 2023, and by the CITY OF HERMOSA BEACH on April 25, 2023. CITY OF WEST HOLLYWOOD CITY OF HERMOSA BEACH BY BY: Lorena Quijano, Director of Finance and Technology Services Viki Copeland, Finance Director BY: BY: David Wilson, City Manager Suja Lowenthal, City Manager ATTEST: ______________________________ Melissa Crowder, City Clerk Myra Maravilla, City Clerk 529 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0225 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 AWARD OF PROFESSIONAL SERVICES AGREEMENT TO CREATE A RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM TO SIREN CREATIVE LLC (DBA SIREN SF) (Emergency Management Coordinator Israel Estrada) Recommended Action: Staff recommends City Council: 1.Award a contract to SIREN Creative LLC (DBA SIREN SF)to create a resident and business mitigation education program at a not-to-exceed amount $180,000 for a term of one year ending April 25, 2024 (Attachment 3); 2.Add estimated revenue of $187,500 in the Grant Fund and appropriate $187,500 in the Grant Fund for the federal share of the Hazard Mitigation Grant Program Grant and $62,500 in the General Fund from the Prospective Expenditures account to cover the non-federal match; and 3.Authorize the Mayor to execute and the City Clerk to attest to the proposed agreement subject to approval by the City Attorney. Executive Summary: The City of Hermosa Beach was awarded a grant from the Federal Emergency Management Agency (FEMA)to create a resident and business mitigation education program.The grant allows the City to award a contract to a professional firm to complete the project deliverables identified in the City’s grant application.Following a competitive Request for Qualifications (RFQ)process,staff recommends City Council award a contract agreement to SIREN Creative LLC (DBA SIREN SF)at a not-to-exceed amount of $180,000 and a one-year term ending April 25, 2024. Background: On January 31,2020,the City was awarded a FEMA grant to support the creation of a resident and business mitigation education program.This program is intended to engage all segments of the business community and residents to learn about the hazards in the community and how to implement various mitigation strategies to prevent injury,loss of life,and decrease the length of time it takes for the whole community to recover from a disaster.The scope of work for the project includes creating a resident emergency preparedness campaign,a business community emergency preparedness campaign,a children’s series,and a final report or toolkit for staff to use in the future. City of Hermosa Beach Printed on 4/25/2023Page 1 of 4 powered by Legistar™530 Staff Report REPORT 23-0225 preparedness campaign,a children’s series,and a final report or toolkit for staff to use in the future. The project was paused during the COVID-19 pandemic and an extension of the grant performance period was approved by FEMA. Analysis: On March 13,2023,the City issued Request for Proposals (RFP)23-004 (Attachment 1)seeking proposals from qualified individuals or firms to design a resident and business mitigation education. The RFP was advertised in March 2023 in the Easy Reader,on the City’s website,and Planetbids. On April 6, 2023, a total of five proposals were received in response to the RFP. The proposing firms are listed below in alphabetical order: ·Constant Associates; ·S. Groner Associates; ·SIREN Creative LLC; ·Stacy Miller Public Affairs Inc; and ·Tripepi Smith The proposals were independently evaluated in detail by a staff review panel and scored based on the following weighted criteria: ·Approach and Methods (30 percent) o A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs. o Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. o Evidence of the team’s ability to work collaboratively with other members of a multi- disciplinary team in a complex and dynamic working environment. o 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 and Expertise (35 percent) o Recent experience preparing similar projects or providing similar services for jurisdictions. o Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. o 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. o The consultant team’s ability to dedicate a strong project manager that will serve as a City of Hermosa Beach Printed on 4/25/2023Page 2 of 4 powered by Legistar™531 Staff Report REPORT 23-0225 single point of contact for the duration of the project. o The team’s experience and ability to clearly communicate technical concepts and terminology with the community. ·Timeframe and Costs (25 percent) o Display of responsive timeframe to assign tasks. o Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. ·Administration (10 percent) o Ability to comply with the timeline contract terms, and billing procedures. o The extent and nature of any proposed amendments to the City’s Professional Services Agreement or insurance requirements. Based on a comprehensive review,and following interviews with top ranked firms,staff recommends award of contract to create a resident and business mitigation education program to SIREN Creative LLC (DBA SIREN SF).Proposals were ranked based on the weighted selection criteria described above. The rankings are as follows: Rank Firm 1 Siren Creative LLC Constant Associates 2 Constant Associates 3 Stacy Miller Public Affairs INC. 4 S. Groner Associates 5 Tripepi Smith Staff determined SIREN Creative LLC to have the greatest understanding of the City’s needs, previous experience completing similar projects in other cities,demonstrated high level expertise in creative design and public outreach,and demonstrated collaborative approach to consensus building. If approved,the estimated timeframe to complete the education program is five months and staff’s goal is to align the education program with the City’s current branding and style guide.The proposed contract is at a not-to-exceed amount of $180,000 and is within the FEMA grant award limit. 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: City of Hermosa Beach Printed on 4/25/2023Page 3 of 4 powered by Legistar™532 Staff Report REPORT 23-0225 Public Safety Element Goal 1. Injuries and loss of life are prevented, and property loss and damage are minimized. Policy: ·1.11 Secure funds.Establish centralized internal procedures to coordinate efforts for securing funds that support risk reduction measures. Goal 4. The community has the capacity and is prepared for unavoidable hazards. Policy: ·4.1 Public awareness.Increase public awareness of hazards,emergency response,and recovery through evacuation routes and informational signage. Fiscal Impact: The grant award for the education program would be budgeted under the Grant Fund in the amount of $187,500 and the City’s required match would be budgeted under the General Fund in the amount of $62,500. The total not-to-exceed contract amount for SIREN Creative LLC is $180,000. Agreement Request Request Amount FY 2022-23 Budget Fund NameTotal Contract Amount $180,000 150 Grant Fund, 001 General Fund$180,000 Attachments: 1.RFP 23-004 2.SIREN Creative LLC Proposal 3.Proposed Agreement with SIREN Creative LLC Respectfully Submitted by: Israel Estrada, Emergency Management Coordinator Concur: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 4 of 4 powered by Legistar™533 REQUEST FOR PROPOSALS (RFP) NO. 23-004 RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM CITY OF HERMOSA BEACH Office of the City Manager 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0207 534 RFP 23-004 City of Hermosa Beach Page 2 of 37 CITY OF HERMOSA BEACH 1315 Valley Drive, Hermosa Beach, CA, 90254 Phone: (310) 318-0207, FAX: (310) 937-5015 www.hermosabeach.gov RFP NUMBER: RFP# 23-004 RFP TITLE: RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM REQUESTING DEPARTMENT: Office of the City Manager RELEASE DATE: Monday, March 13, 2023 QUESTIONS DUE: Tuesday, March 21, 2023 DUE DATE: Thursday, April 6, 2023 @ 3:00 p.m. PST Notice is hereby given that the City of Hermosa Beach will receive proposals for: RFP# 23-004, RESIDENT AND BUSINESS MITIGATION PROGRAM 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, April 6, 2023. The City reserves the right to make no award. Please direct any inquiries regarding this RFP to Sara Russo, Senior Management Analyst at srusso@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Sara Russo referenced above. Dated: March 13, 2023 535 RFP 23-004 City of Hermosa Beach Page 3 of 37 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 2.2 Objective and Goals ..................................................................................................... 10 2.3 Relevant Plans, Policies, Programs, or Projects ............................................................ 11 3. Scope of Services ................................................................................................................ 12 4. Proposal Submittal Instructions ........................................................................................... 12 4.1 Proposal Format ............................................................................................................. 13 4.2 Proposal Content ........................................................................................................... 13 4.2.1 Cover Letter ............................................................................................................. 13 4.2.2 Firm Profile ................................................................................................................ 13 4.2.3 Project Understanding and Approach to Scope of Work ................................... 14 4.2.4 Project Management Plan ..................................................................................... 14 4.2.5 Experience and Qualifications ............................................................................... 15 4.2.6 Required Forms ........................................................................................................ 16 4.2.7 Cost Proposal .......................................................................................................... 17 5. Proposal Evaluation and Selection .................................................................................... 18 Proposal Review Process ................................................................................................................ 19 6. Contract Expectations ........................................................................................................ 20 6.1 Contract Period .............................................................................................................. 20 6.2 Professional Services Agreement ................................................................................. 20 6.3 Standards of Work .......................................................................................................... 20 6.4 Invoicing and Payment ................................................................................................. 20 7.2 Required Forms .............................................................................................................. 32 7.2.1 Certification of Proposal ......................................................................................... 32 7.2.2 Non-Collusion Affidavit ........................................................................................... 34 7.2.3 Compliance with Insurance Requirements ........................................................... 35 7.2.4 Acknowledgement of Professional Services Agreement ..................................... 36 7.2.5 COVID Vaccination Certification .......................................................................... 37 536 RFP 23-004 City of Hermosa Beach Page 4 of 37 1 Introduction 1.1 Invitation for Proposals The City of Hermosa Beach, Office of the City Manager is seeking proposals from qualified individuals or firms to design a resident and business mitigation education program. 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 April 2023. 1.2 RFP Timeline RFP posted March 13, 2023 Deadline to submit written questions March 21, 2023 Posting of responses to questions March 28, 2023 Deadline to submit proposals April 6, 2023 - 3 PM PST Tentative award April 25, 2023 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 (See Section 4 for complete submittal procedures). 537 RFP 23-004 City of Hermosa Beach Page 5 of 37 1.4 Contact Please direct any inquiries regarding this RFP to Sara Russo, Senior Management Analyst at srusso@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Sara referenced above. 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; or • 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 538 RFP 23-004 City of Hermosa Beach Page 6 of 37 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. 539 RFP 23-004 City of Hermosa Beach Page 7 of 37 • 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. 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. 540 RFP 23-004 City of Hermosa Beach Page 8 of 37 • 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 Proposals (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 Proposals are held invalid, illegal or unenforceable, they shall be severed from 541 RFP 23-004 City of Hermosa Beach Page 9 of 37 the Request for Proposals and the remaining provisions shall be valid and enforceable. • SUBCONSULTANT 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. 542 RFP 23-004 City of Hermosa Beach Page 10 of 37 2. Project Overview 2.1 Background Hermosa Beach is a thriving community of some 20,000 residents. It was established in 1907 and is 1.4 square miles. The City of Hermosa Beach owns the sand to the tide line and is bordered by City of Manhattan Beach, City of Redondo Beach, and the Pacific Ocean. Hermosa Beach is part of the seismically active Southern California region, known as the San Andreas Fault. The City is bounded on the Southwest by the Palos Verdes Fault and on the northeast by the Newport-Inglewood Fault. Both faults are less than 5 miles from Hermosa Beach. There are areas of Hermosa Beach that are subject to landslides or liquefaction west of Hermosa Avenue and North of Hernando Street between Monterey Boulevard and Valley Drive which are all within the Coastal Zone. In addition, there are three areas of Hermosa Beach with steep slopes with the potential for earthquake-induced landslides: along Gould Terrace, at South Park and along the City's eastern border near 8th Street. There are a variety of other hazards as identified in the Local Hazard Mitigation Plan that can impact the residents, businesses and visitors in Hermosa Beach. There is currently no formal cohesive education program in the City to educate the residents on the hazards that may impact them, ways that they can mitigate the impacts and how to be prepared in the event that one of these hazards happens. In addition, the City is composed of a variety of small businesses that do not have emergency operations plans nor Continuity of Operations plans. The Chamber of Commerce does not focus on emergency preparedness, resiliency, and recovery with the businesses, so it is imperative that the City partner with local businesses and the Chamber of Commerce to launch an education program that includes businesses, faith-based organizations and the school district. 2.2 Objective and Goals The City of Hermosa Beach is seeking a qualified consultant, or team of consultants capable of completing a formal public education program that will educate businesses and residents on the hazards identified in the local hazard mitigation plan that may impact them, ways to mitigate the impacts, and how to prepare in the event an incident happens. The goal would be to work with a consultant to develop a comprehensive community education campaign to educate the community about the hazards that may impact the community and how both businesses and residents can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster. The community campaign will include a potential speaker series with subject matter experts and provide practical solutions to hazard mitigation and preparedness. The 543 RFP 23-004 City of Hermosa Beach Page 11 of 37 campaign will have a children series in which it can be implemented in partnership with the Hermosa Beach City School District. Collateral materials will be developed and distributed community wide via social media, website, and at community events. In addition, presentations will be provided to Neighborhood Watch block captains and the City’s Community Emergency Response Team (CERT) volunteers. The consultant will work through City staff to coordinate with the Chamber of Commerce to develop and implement an educational series and materials that business can use to implement a mitigation, preparedness, and resiliency program. 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: • City of Hermosa Beach General Plan – PLAN Hermosa • City of Hermosa Beach Emergency Preparedness Webpage • Final 2017 Local Hazard Mitigation Plan (Update Forthcoming) • Ready.gov 3. Scope of Services The Scope of Services 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. Consultant will develop a Hermosa Beach branded comprehensive community education campaign to educate the community about hazards identified in the local hazard mitigation plan that may impact the community and how both residents and businesses can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster. The City anticipates the contract term would begin around April 2023. The City is interested in having the community and business emergency preparedness campaign completed and ready for FEMA’s review and approval within five (5) months from the Notice to Proceed. Task 1 – Resident Emergency Preparedness Campaign a. Develop a whole community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that can be presented at public meetings of governing bodies, volunteer group meetings such as Neighborhood Watch and CERT, and to various community organizations. 544 RFP 23-004 City of Hermosa Beach Page 12 of 37 encouraging residents to implement self-preparedness in order to increase community resiliency. b. Develop a branded 12-month editorial calendar with content that includes, but is not limited to, social media, banners, website, flyers, brochures, activity pages, and materials such as emergency kits, flashlights, earthquake straps, etc. To be reinforced with a speaker series. c. Develop a children’s series that includes a presentation to the Hermosa Beach City School District, activity pages, social media, e-newsletter and website content that may be used by the Hermosa Beach City School District. All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter and Instagram; website content; brochures (printable and downloadable); children’s activity pages; video shorts; and Public Service Announcements. Content must adhere to relevant ADA guidelines and be accessible to all members of the community. Task 2- Business Community Emergency Preparedness Campaign a. Develop a comprehensive business community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that focus on business capabilities to mitigate disaster impacts and enhance business recovery including step-by-step materials that businesses could use to implement the full program. b. Develop a speaker series partnering with local community stakeholders to reinforce concepts including workshops where attendees (both residents and businesses) leave with completed components of the campaign. c. Present information i.e. marketing collateral materials, websites, links, etc. to businesses at the Chamber of Commerce’s monthly meetings. All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter and Instagram; website content; brochures (printable and downloadable); scripts; video shorts; and Public Service Announcements. Content needs to be accessible to all members of the community including those with access and functional needs. Task 3- Report Provide a report that includes all branded aspects of the education program for residents, businesses, and children to the City in a format that can be downloaded and easily shared with the community. Materials should be editable so that they can easily be updated with any changes in information. 4. Proposal Submittal Instructions 545 RFP 23-004 City of Hermosa Beach Page 13 of 37 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; • 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, 546 RFP 23-004 City of Hermosa Beach Page 14 of 37 equivalent, or related services; and • Any failures or refusals to complete a contract, and explanation. 4.2.3 Project Understanding and Approach to Scope of Services 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 Federal, 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 within the specified timeline. 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 services, as well as any additional tasks or services performed by the proposer. 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 Services. 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”. 547 RFP 23-004 City of Hermosa Beach Page 15 of 37 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 services. 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 manage virtual meetings as needed. 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 Similar projects. For each project, please include the following information, at a minimum: • Year started and completed (if relevant) • Contracting Agency and Department; • Project Description; • Key Personnel Assigned; and • Contract Value References 548 RFP 23-004 City of Hermosa Beach Page 16 of 37 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; and • 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; and • 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 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 (p roject 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 549 RFP 23-004 City of Hermosa Beach Page 17 of 37 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) 550 RFP 23-004 City of Hermosa Beach Page 18 of 37 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 task, hourly rates, and key personnel. Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Services 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 requireme nts. 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 551 RFP 23-004 City of Hermosa Beach Page 19 of 37 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. 552 RFP 23-004 City of Hermosa Beach Page 20 of 37 • 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 contract terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement or insurance requirements. 6. Contract Expectations 6.1 Contract Period The City anticipates the contract term would begin around April 2023. The City is interested in having the community and business emergency preparedness campaign completed and ready for FEMA’s review and approval within five (5) 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 propose d 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. 553 RFP 23-004 City of Hermosa Beach Page 21 of 37 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 554 RFP 23-004 City of Hermosa Beach Page 22 of 37 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 , 2023, 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 555 RFP 23-004 City of Hermosa Beach Page 23 of 37 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 CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 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. 556 RFP 23-004 City of Hermosa Beach Page 24 of 37 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become 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. 557 RFP 23-004 City of Hermosa Beach Page 25 of 37 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 CONSULTANT for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars 558 RFP 23-004 City of Hermosa Beach Page 26 of 37 ($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. 559 RFP 23-004 City of Hermosa Beach Page 27 of 37 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 560 RFP 23-004 City of Hermosa Beach Page 28 of 37 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 561 RFP 23-004 City of Hermosa Beach Page 29 of 37 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 562 RFP 23-004 City of Hermosa Beach Page 30 of 37 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. 563 RFP 23-004 City of Hermosa Beach Page 31 of 37 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: 564 RFP 23-004 City of Hermosa Beach Page 32 of 37 Patrick Donegan, 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: 565 RFP 23-004 City of Hermosa Beach Page 33 of 37 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: 566 RFP 23-004 City of Hermosa Beach Page 34 of 37 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: 567 RFP 23-004 City of Hermosa Beach Page 35 of 37 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: 568 RFP 23-004 City of Hermosa Beach Page 36 of 37 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: 569 RFP 23-004 City of Hermosa Beach Page 37 of 37 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) 570 1HERMOSA BEACH + SIREN / RFP 23-004 City of Hermosa Beach PREPARED BY 571 Contents 03. (4.2.1) Cover Letter   06. (4.2.2) Firm Profile 08. (4.2.3) Project Understanding & Approach to Scope of Work 17. (4.2.4) Project Management Plan 21. (4.2.5) Experience & Qualifications 53. (4.2.6) Required Forms HERMOSA BEACH + SIREN / RFP 23-004 572 3Veer / Brand Exploratory / Confidential 3HERMOSA BEACH + SIREN / RFP 23-004 (4.2.1)Cover letter 573 Although this letter is penned by me, the co-founder and creative director at SIREN, the pages that follow reflect the effort of our entire team—a team that is highly experienced, award-winning, and passionate about creating thoughtful, informed, and cohesive communication campaigns that drive a greater good. The notion of a greater good can be hard to conceive of in the context of a disaster. These situations have the potential to instill fear and uncertainty, dividing a population rather than unifying it. Yet the impetus for preparedness is communication. Starting a conversation. Anticipating responses. Putting resources in place. SIREN, in combination with Two Lynchpin Road, is uniquely positioned to be the best consultant for your request to deliver a comprehensive public education campaign(s) focused on hazards that may impact the residents and businesses of Hermosa Beach, ways to mitigate the impacts, and how to prepare ahead of time. • We are an unbeatable combination for your initiative, specifically. We have deep experience in creating successful awareness campaigns, and are experts in working on emergency preparedness with major cities and international non-profits. • We have experience working with and for governments and institutions with a chair at the table, similar to your own. • We have experience crafting branded communications and collateral for game changers who seek to shift mindsets and behaviors. • We understand how to navigate complexities and how to position proposals to get buy-in from various constituents. • Our demonstrated success relies not only on tactical outputs, but also on being good stewards of time, budget, and service. • We know this issue; we are based on the west coast with most of our team in California. Confirmed receipt of RFP No. 23-004 and Addendum No. 1 To our friends at Hermosa Beach, E: Kate@sirensf.com P: (415) 596-3005 We would be honored to work with you. Kate Harris Co-Founder & Creative Director, SIREN SF Kate Harris HERMOSA BEACH + SIREN / RFP 23-004 574 5HERMOSA BEACH + SIREN / RFP 23-004 SIREN is an award-winning design studio that shapes brands, sharpens stories, and brings innovative thinking to a range of clients—from non-profits and start-ups just finding their feet, to massive government agencies and fortune 100 companies with decades of brand history. Our boutique size enables us to attract and nurture top talent versed in big agency strategies and executions, while delivering meaningful, personalized client service. You’ll build close relationships with our leadership and know that the team you’re interacting with are the same people working on your project. Many of our clients employ visions to fundamentally change lives. Others are major thought leaders and brands. With experience across a breadth of industries from fintech to environmental services to AI, we are always interested in new opportunities to collaborate. Two Lynchpin Road is a disaster preparedness consulting company and a woman-owned Certified Micro Business. We work with communities throughout the United States to help them prepare for, respond to, and recover from disasters. Our focus on community-centered organizations will bring a collaborative and sustainable nature to the development of this project. We believe a prepared community is a resilient community, and we are dedicated to helping your community prepare for and respond to disasters. Our proven combination results in a blend of experience we feel no one else can bring to the table. A proven combination with an unbeatable track record in preparedness 575 HERMOSA BEACH + SIREN / RFP 23-004 VCO+SIREN / REBRAND RFP / CONFIDENTIAL 66 (4.2.2) Firm profile HERMOSA BEACH + SIREN / RFP 23-004 576 7HERMOSA BEACH + SIREN / RFP 23-004 (4.2.2) Firm Profile Primary Consultant Legal: SIREN Creative LLC (DBA SIREN SF) 3323 W. Laurelhurst Drive, NE Seattle, WA 98105 Primary POC Kate Harris 640 Davis Street, #51 San Francisco, CA 94111 E: kate@sirensf.com P: (415) 596-3005 Website SirenSF.com Ownership San Francisco based, female-founded and independently owned Limited Liability Company. 10 years in business providing campaign strategy and execution, design and branding services. Employer ID: 46-3709298 Subconsultant Legal: Two Lynchpin Road INC 850 Palou Street Sonoma, CA 95476 Primary POC Alicia D. Johnson 850 Palou Street Sonoma, CA 95476 E: alicia@twolynchpinroad.com P: (801) 833-4952 Website twolynchpinroad.com Ownership Female-founded and independently owned S-Corporation. 1.5 years providing emergency management consulting services. Employer ID: 87-2691695 577 HERMOSA BEACH + SIREN / RFP 23-004 VCO+SIREN / REBRAND RFP / CONFIDENTIAL 88 (4.2.3) Project understanding & approach to scope of work HERMOSA BEACH + SIREN / RFP 23-004 578 9HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) Statement of Project Understanding The 21st century hosts a growing set of threats and hazards for communities throughout California, including the City of Hermosa Beach. Safety, security, and trust are integral to building community resilience and responsiveness to these known challenges. The SIREN team, which includes emergency management and graphic design expertise, believes public education strategy and campaign development can and should make preparedness and community resilience simple, ubiquitous, and deeply connected to the Hermosa Beach community ethos. To develop a comprehensive community education campaign to educate businesses and residents on the hazards pre-identified in the Local Hazard Mitigation Plan (LHMP), as well as ways to prepare for all hazards, we will use the following approach: 579 10HERMOSA BEACH + SIREN / RFP 23-004 Identify the target audience needs We want to meet residents and businesses where they are in their preparedness education and capacity. Our goal is to build trust and connection with residents as we communicate about hazards that are often full of fear. We will work with city, private, non- government, K-12 education and other client-identified stakeholders to learn about their concerns, needs, communication habits, interests and abilities to inform our message and communication development. Develop resonate messages Once the target audience needs have been identified, our next step is to develop a set of messages and themes that effectively communicate the hazards, mitigation strategies, and preparedness measures unique to the City of Hermosa Beach. These messages will be clear, concise, and actionable, with a focus on educating and building trust with the target audiences about the specific hazards, preparedness actions they can take and opportunities to increase community resilience. Select appropriate communication channels To ensure the message reaches the target audience, it is important to select the most effective communication channels. Our approach includes a combination of decades of emergency management and graphic design experience enabling a cutting edge and sustainable approach to preparedness across coastal communities. Implement the program Once our communications program has been developed and approved, we will provide training and resources to help your team implement and sustain the campaign. This will include a training session on how to use and update these materials, distribution of print materials, launching social media campaign, launching the speaker series, and youth educational materials, as well as other activities to ensure the message reaches the target audience. (4.2.3) Statement of Project Understanding(4.2.3) Statement of Project Understanding 580 11HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) Organizational Chart *Print and video production partners to be identified once the project is awarded Collaborative and curated teams are the key to the success of every project. Meet the team we’ve built for you. Kate Harris Co-Founder + Creative Director • Research and strategy lead • Copy and design oversight • Campaign ideation • Presenter Alicia Johnson Emergency Management Outreach Specialist • Content expert • Local hazard review and stakeholder outreach • Campaign research and message alignment • Presenter Anneliese Hammer Senior Account Director • Project Management and QA oversight • Relationship and communication oversight • Presenter Jeff Hunt Senior Design Director • Design lead (asset build-out) • Campaign ideation • Presenter Lori Bredel Senior Copywriter • Copywriting and messaging lead • Copy strategy • Presenter 581 12HERMOSA BEACH + SIREN / RFP 23-004 01—Project Blueprint 02—Qualitative & Quantitative Research Our kick-off meeting with project leads helps us uncover insights and understand the core mission. We seek to root ourselves in what is driving this need (in your words), what we need to be considerate of, what inspires you, and what will define success. This set of data becomes our North Star, informing every decision that builds the larger approach. Facilitated by introductions from you, we will outreach to key stakeholders and resources to understand what is needed from their perspective and how we might leverage their expertise in creating and/or disseminating information. • City Officials • Chamber of Commerce • School Board/Staff/Administrators • Library • First Responders • Community & Neighborhood Organizations We will additionally look at other community education campaigns —specifically those related to hazard mitigation and disaster management—to draw influence from. (4.2.3) Approach to Work - DISCOVERY 582 13HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) Approach to Work - STRATEGY 03—Overarching Structure and Theme Considering all of what we learn in the Discovery phase, we will look at the project wholistically and recommend an informed structure to achieve the objectives under a common theme that correlates with the City’s brand. • For example, it could make sense to launch one campaign with variations in messaging and channels by audience vs. considering the campaigns separately. 04—Campaign Planning Once we are aligned on strategy, we will propose the components that make up the campaign(s)—outlining the content and distribution channels for each. Our scope allows for up to 2 rounds to accommodate feedback and adjustments as needed. • 12-month editorial calendar structure and planned deliverables (residents) • Youth series structure and planned deliverables (residents) • Speaker series structure and planned deliverables (businesses) 583 14HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) Approach to Work - IMPLEMENTATION 05—Asset Build-Out The creation of assets that map to the approved strategy and structure will be batch delivered with priority based on client needs and seasonality (e.g., National Preparedness Month). Including concepting, copywriting, design, and revisions, our scope allows for up to 3 rounds to accommodate feedback and adjustments as needed. • Print materials (e.g., brochure, flyers, posters, activity page) • Social posts and platform versioning - includes animations • Website landing page - includes animations • E-newsletter • Out-of-home (e.g., banner/billboard) • Hard materials (e.g., kit, “swag”) • Video script/storyboard/production • Public Service Announcement • Once the assets are approved, SIREN will prepare final design files for print production and/or implementation. As we do not yet know the specifics of these items in terms of depth/breadth and quantity (to be defined as part of the structure), outside costs for production and placement are ballpark as represented in our scope. 06—Stakeholder Presentations 07—Report Build-Out The SIREN team will participate in up to 3 total meetings with stakeholders including the Hermosa Beach City School District and Chamber of Commerce. The purpose of these meetings will be to inform and train the audience on the assets/materials developed and available for their use. A final report that is editable and downloadable—encompassing the elements above—will be our last design deliverable once all approvals are in place. Our scope allows for up to 1 round of minor feedback if needed. NOTE: Direct costs that are not included in the scope of this proposal include print production and travel. As identified, until we can understand and define certain project nuances, we are unable to assign specific amounts to these buckets - it will be based on the chosen concepts. Production costs would reflect SIREN’s wholesale discount and the City would pay the vendor directly. Travel costs may be reduced or eliminated completely at client's discretion (contractor can facilitate virtual meetings). 584 15HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) ADDITIONAL SERVICES Expertise in Experiential Concepting and creating experiential events, including visual installments, is a capability of ours that we feel could resonate well given this topic. (E.g., designing an exhibition at the Hermosa Beach branch of the LA County Library). These types of events and exhibitions can be especially effective in connecting the community— across age and socioeconomic demographics—with a “for all” approach. Experiential also includes digital experience, like how the City of Hermosa beach shows up in its social channels and online. Development Process Support We also have the ability to provide support via digital development (e.g., landing page or website) on a number of platforms, including WordPress and Webflow. Our team is also available to assist with the FEMA approval process. Our subject matter expertise on federal grant management and public information and education support can provide insight, collaboration, and presentation support. 585 16HERMOSA BEACH + SIREN / RFP 23-004 (4.2.3) Roles And Responsibilities For City Staff + We don't work like your teammate, we ARE your teammate It is our expectation that the City of Hermosa Beach clearly identifies its points of contact for this project. Defining who should be included on written communications, who should be involved with presentations, and who will contribute to feedback. We recommend keeping this group tight to maintain an efficient and streamlined project flow. We additionally ask that these individuals make themselves readily available (with reasonable notice) for meetings, respond to communications in a timely manner, dedicate ample time for reviews, and facilitate warm introductions between SIREN and key constituents within the community. It is assumed that the City of Hermosa Beach will lead the FEMA review and approval process, unless support is requested of the SIREN team. 586 HERMOSA BEACH + SIREN / RFP 23-004 17Veer / Brand Exploratory / Confidential 17 (4.2.4) Project management plan HERMOSA BEACH + SIREN / RFP 23-004 587 18 CITY OF HERMOSA BEACH / RFP 23-004 Project Blueprint Kick-off Meeting: - SIREN/Project Leads (4.2.4) Project Schedule Project Awarded Project Blueprint Qualitative & Quantitative Research Overarching Structure & Theme/Campaign Planning FEMA Review & Approval Project Awarded Notice to Proceed Overarching Structure & Theme Campaign Planning Content & Distribution Channels 12 Mo. Editorial Calendar Structure Youth Series Structure Speaker Series Structure Qualitative & Quantitative Research Stakeholder & Resource Outreach: - City Officials - Chamber of Commerce - School Board/Staff/Admins - Library - First Responders - Community & Neighborhood Orgs. "Competitive" Review Asset Build Print Materials Social Posts Website Landing Page E-newsletter Out-of-home Hard Materials Video Script/Storyboard/Production Public Service Announcement 24 Week of: 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 04 11 18 April May June July August September October November December Asset Build Full Launch: January 2024 Report Build & Print Production Stakeholder Presentations Report Build & Print Production *Opportunity to prioritize specific deliverables for September National Preparedness Month with advanced planning. (Soft launch Youth and/or Speaker Series.) FEMA Review & Approval City-led; Timing TBD Stakeholder Presentations Material Training 588 19HERMOSA BEACH + SIREN / RFP 23-004 (4.2.4) Communications Approach SIREN will provide one project manager designated to meet virtually with the City of Hermosa Beach every two weeks, or as needed. These bi-weekly meetings will provide an opportunity share progress, observations from interviews, review deliverables, and seek feedback to ensure efficient and comprehensive project completion. �Communications Approach 589 20HERMOSA BEACH + SIREN / RFP 23-004 All project direction is given by SIREN’s Creative Director and Account Director based on client’s inputs (verbal and/or written) which are documented for reference. Internal check-ins are part of our process to ensure that deliverables are on track with timing and scope, considered from the standpoints of cohesion and consistency and aligning with feedback. Each round of deliverables —including, but not limited to, final files—is proofed and presented to client allowing an opportunity for additional QA review. � (4.2.4) Quality Assurance / Quality Control Approach Quality Assurance/ Quality Control 590 21Veer / Brand Exploratory / Confidential 21HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Experience & qualifications 591 22HERMOSA BEACH + SIREN / RFP 23-004 City of San Francisco Contracting Agency: Department of Emergency Management Year: 2014 Project Description: Charged with the duty of changing to a culture of preparedness—San Francisco Office of Emergency Management set out to create and instill ubiquitous preparedness, throughout a community of over one million people. A widely celebrated emergency preparedness campaign. "Connection. Not Catastrophe". This was the overarching campaign idea from which we developed a campaign oriented towards connecting the large and varied community of San Francisco. We needed to be mindful of accessibility, languages spoken and meeting citizens where they were. The result was a multi-pronged campaign including printable piece with various interachangeable inserts (translated and printed in 7 languages), a landing page, community contact cards to share with a neighbor, a video and wild postings to increase reminders to prepare. Key Personnel: Kate Harris, Jeff Hunt, Alicia Johnson, Lori Bredel Contract Value: $250,000 (4.2.5) Summary of Relevant Projects Chemical Stockpile Emergency Preparedness Program (CSEPP) Contracting Agency: FEMA Headquarters - Washington D.C. Year: 2021-Present Project Description: In partnership with FEMA, the Chemical Stockpile Emergency Preparedness Program (CSEPP), enables communities located near U.S. Army chemical warfare agent stockpile sites to protect their residents by strengthening their ability to prepare for, respond to and recover from a chemical emergency. We support CSEP Program with consistent Public Affairs and Strategic Communications support, including: • Interface between Local, State, Federal, and Department of Defense stakeholders to build preparedness capacities across two Stockpile sites • Evaluate and train Public Information Officers and Public Affairs support across the program • Coordinate implementation of Marketing and Public Preparedness Campaigns across Site footprint Key Personnel: Alicia Johnson Contract Value: $250,000+ 592 23HERMOSA BEACH + SIREN / RFP 23-004 City of Piedmont Contracting Agency: City of Piedmont Fire Department Year: 2022 Project Description: The City of Piedmont California partnered with our team to develop a ‘Know Your Zone’ Public Affairs campaign customized for the population of Piedmont and their media preferences. The campaign included a presentation deck and script deliverable by key community stakeholders, an essay publishable in a community newspaper or community club newsletters, and shareable graphics for community gatherings and in other media locations. This project began with a deep interview process with community stakeholders including those from marginalized groups across the community. This interview process informed the overall public education strategy and the creation of deliverables to be customized to the community's needs, desires, and capacity. Because the process was centralized in the community’s needs our work was easily sharable and leveraged immediately by the community upon the completion of the project. Key Personnel: Alicia Johnson Contract Value: $65,000 (4.2.5) Summary of Relevant Projects Destination Tiburon Contracting Agency: Tiburon Tourism Board Year: 2017 Project Description: The city of Tiburon is often seen as a brunch and booze town, the little cousin to San Francisco across the bay. Tiburon was aiming to turn the opinion towards an overnight getaway destination. The campaign goal was "Heads in Beds". How do we attract people to come to Tiburon and enjoy more of the hotels, restaurants, and businesses? After our research, we identified the immediate missed opportunity was attracting the myriad tech companies over for corporate offsites aimed at team building. This market was large and untapped. SIREN developed a multi-faceted campaign to showcase itineraries, and "only available in Tiburon" experiences for team building, a corporate planner outreach strategy, print campaign and event marketing campaign. Key Personnel: Kate Harris, Jeff Hunt, Lori Bredel Contract Value: $75,000 593 24HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Summary of Relevant Projects Loma Prieta Earthquake 25th Awareness Contracting Agency: Department of Emergency Management Year: 2014 Project Description: The 25th anniversary of one of the biggest earthquakes in San Francisco sparked the campaign to create awareness around emergency preparedness. This multi-faceted, experiential event served as a way to commemorate the brave first responders who protected the city, as well as educate the community through fun activities and "passports" through a live event on the Embarcadero. Key Personnel: Kate Harris, Jeff Hunt, Lori Bredel Contract Value: $26,000 594 HERMOSA BEACH + SIREN / RFP 23-004 HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Summary of Relevant Projects The Challenge: San Francisco Office of Emergency Management set out to connect a community of over one million people to support one another in an emergency. The Solution: Leaning into "Connection, Not Catastrophe" helped gel a community around preparedness education in a non fear-based way. The idea behind the campaign and identity "SF72" is that a citizen must prepare to support themselves for 72 hours in San Francisco. Having simple, effective ways that fit into their daily lives makes preparedness more attainable and actionable. City of San Francisco 595 596 27HERMOSA BEACH + SIREN / RFP 23-004 A visual system was developed, comprised of a confident, vibrant color palette, and pattern. It is intended to activate the community, not to create fear. One of the insights was to create an infinitely editable print piece that people could paste on their fridge or share with a neighbor. These inserts allowed for editing parts of the kit without tossing "the whole". This was printed in 7 languages. 597 28HERMOSA BEACH + SIREN / RFP 23-004 598 29HERMOSA BEACH + SIREN / RFP 23-004 Alongside the roll-out of the brand toolkit—we worked with the Department of Emergency Management to fine tune messaging, create out of home and digital awareness and hand off a fully actionable tool kit the city could use again and again. 599 HERMOSA BEACH + SIREN / RFP 23-004 HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Summary of Relevant Projects The Challenge: The New Lunchroom exhibition showed at Mission High School in San Francisco. In partnership with IDEO, the purpose of the exhibit was to display dense and complicated research around waste in the current lunchroom landscape. The Solution: Using hand drawn type, rough illustrations, and beautiful photographic portraiture, we designed and constructed an immersive experience that felt both inclusive and exciting. Data was digestable and resontated with the school district to insight change. The New Lunchroom San Francisco Schools (relevant due to Hermosa's desired Youth Awareness Program) 600 31HERMOSA BEACH + SIREN / RFP 23-004 601 32HERMOSA BEACH + SIREN / RFP 23-004 The event invited local teachers to interact with a board. The event was designed with kraft paper to emulate a school lunch sack. 602 33HERMOSA BEACH + SIREN / RFP 23-004 603 604 HERMOSA BEACH + SIREN / RFP 23-004 HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Summary of Relevant Projects The Challenge: The city of Tiburon needed to increase "heads in beds" and tasked SIREN with identifying how to market to a new corporate audience to change perceptions and achieve this goal. They wanted people to experience a new kind of inspired corporate offsite, outside of the board room. The Solution: The message? "How can you think outside the box when you’re stuck in one all day?" We positioned Tiburon as the destination for corporate event planners looking to go beyond simply booking meeting rooms and instead provide an experience which is exponentially more impactful for corporate offsites. Starting with our out of the box marketing collateral. City of Tiburon 605 606 37HERMOSA BEACH + SIREN / RFP 23-004 To break out of the boring, ubiquitous glossy Brochure cycle, SIREN created a House of Cards designed to create a one- of-a-kind experience each time it’s built. It is as unique as the destination itself. The meeting planners are invited to “build” their own meeting experience by taking various cards and building them together. 607 38HERMOSA BEACH + SIREN / RFP 23-004 608 39HERMOSA BEACH + SIREN / RFP 23-004 SIREN created a visually arresting Magazine of Whitepapers that feels both authoritative and informative. It communicates the symbiotic relationship between the outdoors and creative thinking. 609 40HERMOSA BEACH + SIREN / RFP 23-004 610 41HERMOSA BEACH + SIREN / RFP 23-004 611 HERMOSA BEACH + SIREN / RFP 23-004 HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Summary of Relevant Projects The Challenge: Commemorate the Loma Prieta Earthquake and use it as a catalyst for emergency preparedness. Most citizens will take action immediately after an event when it is too late. This was an organic way to educate, in person, and spark action. The Solution: We created a bold and exciting event in the city which "gamified" preparedness education. Similar to a scavenger hunt, users were invited to grab an "LP25 Passport" and stamp their way through activities and training. Combined with speakers and collateral, this event helped amplify the message. Loma Prieta Earthquake 25th 612 613 Alongside the roll-out of the brand toolkit—we worked with the Commerce team to develop an exhaustive set of deliverables including a revamped website, print collateral, wayfinding signage and out-of-home advertising. 614 The event was set-up as a scavenger hunt, where people would stamp a passport and go station to station for interactive learning and fun. 615 616 47HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) References SIREN/Alicia Johnson Nikesha Kersey Chemical Stockpile Emergency Preparedness Program (CSEPP) Emergency Management Specialist E: nikesha.kersey@fema.dhs.gov P: (202) 374-9997 Role: Public Affairs Support Dates: 2021 - present Dave Brannigan City of Piedmont Fire Department Fire Chief E: dbrannigan@piedmont.ca.gov P: 510-420-3038 Role: Public Affairs Support Dates: 2022 David Reid Santa Cruz County Director, Office of Response, Recovery, and Resilience E: David.Reid@santacruzcounty.us P: (831) 454-3407 Role: Plan creation; After-Action Report Dates: 2022 - present Scott Ferguson Aptitude Labs (Covid testing sites) PhD | CEO | Aptitude Medical Systems Inc. E: scott.ferguson@aptitudemedical.com P: 415.233.4290 Role: Brand ideation, collateral, and website Dates: 2022 617 48HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Experience/Qualifications of Key Personnel Kate Harris Co-Founder & Creative Director BA - Marketing, Business University of Washington, Seattle, WA Continued Edu - Graphic Design, Fine Art California College of the Arts, San Francisco, CA Member of AIGA (American Institute of Graphic Arts) Fast Company 2022 Award Winner for Brand Identity - Planet FWD Summary of Experience: Kate is a co-founder and Creative Director of SIREN, where she oversees all creative coming through the agency's doors. Kate has concepted and developed numerous high-profile campaigns for a variety of clients, including PayPal, Rock Health, TechCrunch, WIRED Magazine, The Red Cross, the City of San Francisco, and UCLA. Kate excels in the creation and implementation of corporate identity, branding, and conceptual design. She is known for her distinctive art direction. Relevant Experience: SIREN—design for Loma Prieta Anniversary identity / design for the city of Tiburon campaign / design for SF72 (city of San Francisco Emergency Preparedness) 618 49HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Experience/Qualifications of Key Personnel Alicia Johnson Emergency Management Specialist/Subject Matter Expert BA - Communications & Political Science University of Colorado, Colorado Springs, CO MPA - Public Administration University of Colorado, Denver, CO Homeland Emergency Exercise Program (HSEEP) Evaluator Certification Micro Small Business Certified Summary of Experience: Alicia is a highly accomplished emergency manager with nearly 20 years of experience in the public sector. She has responded to several disasters and large-scale events, including Hurricane Sandy, Super Bowl 50, the 2017 Sonoma County Fires, and COVID-19. She regularly served as an Emergency Operations Center Manager and has held numerous positions within Incident Command Teams. Most recently, Alicia served as Director of Emergency Management for the University of California - Berkeley. She was responsible for all aspects of emergency management, including planning, training, exercises, response, and recovery for 75,000 students, staff, and faculty. Relevant Experience: Alicia has a demonstrated track record of success in risk communications and public affairs. Her experience and clients span local, state, federal, and non-profit partners in disaster management and strategic communications. Her work with similar-sized communities has resulted in stronger community relationships, more effective disaster response, and more robust disaster recovery. She supports the Chemical Stockpile Emergency Preparedness Program (CSEPP) with all public affairs closeout program support. Currently, she holds emergency management contracts with communities throughout California and the Western United States. 619 50HERMOSA BEACH + SIREN / RFP 23-004 Jeff Hunt Senior Design Director BFA (with honors) California College of the Arts, San Francisco, CA Member of AIGA (American Institute of Graphic Arts) Fast Company 2022 Award Winner for Brand Identity - Planet FWD Summary of Experience: An accomplished designer, illustrator, and art director, Jeff comes with over 10 years of industry experience designing for, and building brands with studios like Red Antler, Tomorrow Partners, and Morla Design. Having spent time in-house with real estate industry disrupters Compass and Jazz at Lincoln Center, Jeff brings a unique understanding of scaling design systems both internally and from the outside looking in. Relevant Experience: SIREN—design for Loma Prieta Anniversary identity / design for the city of Tiburon campaign Tomorrow Partners—design research and design for The City of San Francisco small business portal / design for website redesign for Stanford University (4.2.5) Experience/Qualifications of Key Personnel 620 51HERMOSA BEACH + SIREN / RFP 23-004 (4.2.5) Experience/Qualifications of Key Personnel Anneliese Hammer Senior Account Director/Project Manager BA - English Writing Saint Mary’s College, Notre Dame, IN Summary of Experience: Anneliese has keen attention to detail. She brings experience in team leadership, strategy and planning, project management, writing, and the ability to build and maintain strong client relationships. Her can-do attitude and desire for good work translate to her standing as a trusted resource for both clients and internal team members. Anneliese is able to navigate complicated projects and campaigns that require heavy client communication and interaction, great organization, forward thinking, and the ability to keep internal staff engaged and on task. Relevant Experience: Anneliese has worked on and led marketing communication activities and campaigns across a breadth of sectors from fintech to consumables to healthcare. Her experience orchestrating the launch of Whirlpool’s Zera Food Recycler on the crowdfunding platform Indiegogo required intensive management of agency, client, and partner teams, backend content coordination, and appropriately timed lifecycle communications via supporting tactics and channels to reach multiple audiences. Her work as Account Director for Stryker (Surgical) Instruments included many robust product launches each targeting between 5-7 unique audiences with materials specifically developed for training and presentations. 621 52HERMOSA BEACH + SIREN / RFP 23-004 Lori Bredel Senior Copywriter/Copy Strategist BA – English Wake Forest University, Winston-Salem, NC Summary of Experience: Lori brings extensive experience in concept development and copywriting for a variety of media including print, social, websites, radio, and outdoor. She masters the craft of listening to understand, digging deep and applying key takeaways to define an appropriate objective, voice and tone principles, and foundational and/or tactic-specific messaging. Relevant Experience: Destination Tiburon Tourism Campaign, Education (4.2.5) Experience/Qualifications of Key Personnel 622 53Veer / Brand Exploratory / Confidential 53HERMOSA BEACH + SIREN / RFP 23-004 (4.2.6) Required forms 623 RFP 23-004 City of Hermosa Beach Page 22 of 37 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 , 2023, 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 624 RFP 23-004 City of Hermosa Beach Page 23 of 37 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 CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 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. 625 RFP 23-004 City of Hermosa Beach Page 24 of 37 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become 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. 626 RFP 23-004 City of Hermosa Beach Page 25 of 37 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 CONSULTANT for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars 627 RFP 23-004 City of Hermosa Beach Page 26 of 37 ($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. 628 RFP 23-004 City of Hermosa Beach Page 27 of 37 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 629 RFP 23-004 City of Hermosa Beach Page 28 of 37 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 630 RFP 23-004 City of Hermosa Beach Page 29 of 37 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 631 RFP 23-004 City of Hermosa Beach Page 30 of 37 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. 632 RFP 23-004 City of Hermosa Beach Page 31 of 37 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: 633 RFP 23-004 City of Hermosa Beach Page 32 of 37 Patrick Donegan, 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: 634 RFP 23-004 City of Hermosa Beach Page 33 of 37 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: 635 RFP 23-004 City of Hermosa Beach Page 34 of 37 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: 636 RFP 23-004 City of Hermosa Beach Page 35 of 37 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: 637 RFP 23-004 City of Hermosa Beach Page 36 of 37 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: 638 7.2.5 COVID Vaccination Certification 04.06.23 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, SIREN Creative, LLC certifies that all of its officers, agents, employees, subcontrac- tors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the RFP 23-004 dated 04.06.23, are or will be fully vaccinated or covered by an ap- proved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. Respectfully, Kate Harris Co-Founder, Creative Director 415.596.3005 / 640 Davis Street, #51 San Francisco, CA 94111 / SirenSF.com 639 54COMMERCE VENTURES | BRAND EXPLORATORY | CONFIDENTIAL SIREN kate@sirensf.com 1 (415) 596–3005 640 Davis Street, No. 51 San Francisco, CA 94111 640 SIREN Cost Proposal Hours Per Task Blended Hourly Rate Total Cost Key Personnel DISCOVERY PHASE Project Blueprint 17 $200 $3,400 CD, AD, DD, Copy, EMS ● Preparation and scheduling (6 hours) ● Meeting (7.5 hours) ● Post summary/notes (3.5 hours) Qualitative & Quantitative Research 41 $150 $6,150 EMS ● Stakeholder & Resource Outreach: ○ Preparation and scheduling (15 hours) ○ Interviews - up to 10 (10 hours) ○ Synthesizing interview data (10 hours) ● "Competitive" review (6 hours) STRATEGY PHASE Overarching Structure & Theme 20 $200 $4,000 CD, AD, EMS Campaign Planning (up to 2 rounds) 178 $200 $35,600 CD, AD, EMS ● Identify content and distribution channels (18 hours) ● 12-month editorial calendar structure and planned deliverables (60 hours) ● Youth series structure and planned deliverables (60 hours) ● Speaker series structure and planned deliverables (40 hours) IMPLEMENTATION PHASE Asset Build-out (up to 3 rounds) 400 $225 $90,000 CD, AD, DD, Copy, EMS Concepting, copywriting, design, proofing, and presentations of: ● Print materials (e.g., brochure, flyers, posters, activity page) (150 hours) ● Social posts and platform versioning - includes animations (40 hours) ● Website landing page - includes animations (45 hours) ● E-newsletter (20 hours) ● Out-of-home (e.g., banner/billboard) (25 hours) ● Hard materials (e.g., kit, “swag”) (35 hours) ● Video script/storyboard/production (65 hours) ● Public Service Announcement (20 hours) Stakeholder Presentations 9 $200 $1,800 CD, EMS 641 ● Preparation and scheduling (3 hours) ● Informative and training presentations - up to 3 (6 hours) Report Build-out (up to 1 round) 50 $225 $11,250 CD, AD, DD, Copy, EMS ● Copywriting, design, and proofing (50 hours) UMBRELLA BUDGET BUCKET Project Management 8 hours/ month $200 $12,800 AD Travel Not to exceed $5,000 Print Production Not to exceed $10,000 GRAND TOTAL 779 Not to exceed $180,000 642 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 13 CONTRACT FOR PROFESSIONAL SERVICES TO CREATE A RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM BETWEEN THE CITY OF HERMOSA BEACH AND SIREN CREATIVE LLC (DBA SIREN SF) This AGREEMENT is entered into this 25 day of April, 2023, by and between the City of Hermosa Beach, a general law city a municipal corporation (“CITY”) and SIREN CREATIVE LLC (DBA SIREN SF), a limited liability company (“CONSULTANT”). R E C I T A L S A. The CITY desires to create a Resident and Business Mitigation Education Program. 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 amount not to exceed $180,000, 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 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. 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 643 City of Hermosa Beach Page 2 of 13 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, CON SULTANT 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 B”. TIME OF PERFORMANCE. The services of the CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’S reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 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 Anneliese Hammer. 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 April 25, 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 the written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become 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. 644 City of Hermosa Beach Page 3 of 13 INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT'S performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 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 no t 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 it is 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 645 City of Hermosa Beach Page 4 of 13 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 subconsultants 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 CONSULTANT for CITY. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability, and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to 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 646 City of Hermosa Beach Page 5 of 13 maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any 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, 647 City of Hermosa Beach Page 6 of 13 furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the CONSULTANT, its employees, subconsultants 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 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 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: Israel Estrada Emergency Management Coordinator SIREN Creative LLC (DBA Siren SF) 3323 West Laurelhurst Drive, NE Seattle, WA 98105 ATTN: Kate Harris Co-Founder and Creative Director 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 it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’S bona fide employee, any fee, 648 City of Hermosa Beach Page 7 of 13 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 Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement 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 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 attorney’s fees and costs in addition to all other relief to which that party or those parties may be entitled. 649 City of Hermosa Beach Page 8 of 13 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 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. 650 City of Hermosa Beach Page 9 of 13 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES REQUIREMENTS: A. Suspension and Debarment of Contractors; B. FEMA and CalOES are not parties to the contract and not subject to obligations or liabilities. C. The Contractor acknowledges that 31 U.S.C. CHAP. 39 applies to its actions; D. FEMA will fund the contract and that FEMA and CalOES have the right to review the contractors records; and E. The Contractor will comply with Federal law, regulation, Executive Orders, and FEMA policies, procedures, and directives. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT Raymond Jackson, Mayor By: Kate Harris, Co-Founder and Creative Director ATTEST: 46-3709298 Myra Maravilla, City Clerk Employer ID No. APPROVED AS TO FORM: Patrick Donegan, City Attorney 651 City of Hermosa Beach Page 10 of 13 Exhibit A Scope of Work The Scope of Work shall include, but not be limited to the following tasks. Consultant will develop a Hermosa Beach branded comprehensive community education campaign to educate the community about hazards identified in the local hazard mitigation plan that may impact the community and how both residents and businesses can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster. Task 1 – Resident Emergency Preparedness Campaign a. Develop a whole community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that can be presented at public meetings of governing bodies, volunteer group meetings such as Neighborhood Watch and Community Emergency Response Team, and to various community organizations encouraging residents to implement self-preparedness in order to increase community resiliency. b. Develop a branded 12-month editorial calendar with content that includes, but is not limited to, social media, banners, website, flyers, brochures, activity pages, and materials such as emergency kits, flashlights, earthquake straps, etcetera to be reinforced with a speaker series. c. Develop a children’s series that includes a presentation to the Hermosa Beach City School District, activity pages, social media, e-newsletter and website content that may be used by the Hermosa Beach City School District. All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter, and Instagram; website content; brochures (printable and downloadable); children’s activity pages; video shorts; and public service announcements. Content must adhere to relevant Americans with Disabilities Act guidelines and be accessible to all members of the community. Task 2- Business Community Emergency Preparedness Campaign a. Develop a comprehensive business community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that focus on business capabilities to mitigate disaster impacts and enhance business recovery including step-by-step materials that businesses could use to implement the full program. b. Develop a speaker series partnering with local community stakeholders to reinforce concepts including workshops where attendees (both residents and businesses) leave with completed components of the campaign. Present information i.e. marketing collateral materials, websites, links, etcetera to attendees at the Chamber of Commerce’s monthly meetings. All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter, and Instagram; website content; brochures (printable and downloadable); scripts; video shorts; and Public Service Announcements. Content must adhere to relevant Americans with Disabilities Act guidelines and be accessible to all members of the community. 652 City of Hermosa Beach Page 11 of 13 Task 3- Report Provide a report that includes all branded aspects of the education program for residents, businesses, and children to the City in a format that can be downloaded and easily shared with the community. Materials should be editable so that they can easily be updated with any changes in information. 653 City of Hermosa Beach Page 12 of 13 Exhibit B Fee Schedule Hours Per Task Blende d Hourly Rate Total Cost Key Personnel DISCOVERY PHASE Project Blueprint 17 $200 $3,400 CD, AD, DD, Copy, EMS Preparation and scheduling (6 hours) Meeting (7.5 hours) Post summary/notes (3.5 hours) Qualitative & Quantitative Research 41 $150 $6,150 EMS Stakeholder & Resource Outreach: Preparation and scheduling (15 hours) Interviews - up to 10 (10 hours) Synthesizing interview data (10 hours) "Competitive" review (6 hours) STRATEGY PHASE Overarching Structure & Theme 20 $200 $4,000 CD, AD, EMS Campaign Planning (up to 2 rounds) 178 $200 $35,600 CD, AD, EMS Identify content and distribution channels (18 hours) 12-month editorial calendar structure and planned deliverables (60 hours) Youth series structure and planned deliverables (60 hours) Speaker series structure and planned deliverables (40 hours) IMPLEMENTATION PHASE Asset Build-out (up to 3 rounds) 400 $225 $90,000 CD, AD, DD, Copy, EMS Concepting, copywriting, design, proofing, and presentations of: Print materials (e.g., brochure, flyers, posters, activity page) (150 hours) Social posts and platform versioning - includes animations (40 hours) Website landing page - includes animations (45 hours) E-newsletter (20 hours) Out-of-home (e.g., banner/billboard) (25 hours) Hard materials (e.g., kit, “swag”) (35 hours) Video script/storyboard/production (65 hours) Public Service Announcement (20 hours) Stakeholder Presentations 9 $200 $1,800 CD, EMS 654 City of Hermosa Beach Page 13 of 13 Preparation and scheduling (3 hours) Informative and training presentations - up to 3 (6 hours) Report Build-out (up to 1 round) 50 $225 $11,250 CD, AD, DD, Copy, EMS Copywriting, design, and proofing (50 hours) UMBRELLA BUDGET BUCKET Project Management 8 hrs/ month $200 $12,800 AD Travel Not to exceed $5,000 Print Production Not to exceed $10,000 GRAND TOTAL 779 Not to exceed $180,000 655 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0209 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 AWARD OF CONSTRUCTION CONTRACT FOR CIP 195 CITY SIDEWALK IMPROVEMENTS AND CIP 760 TREE WELL GRATES TO GENTRY GENERAL ENGINEERING, INC. (Public Works Director Joe SanClemente) Recommended Action: Staff recommends City Council: 1.Award a construction contract for sidewalk,curb ramps,ADA improvements,and tree well grates to Gentry General Engineering, Inc. in the amount of $194,031 (Attachment 4); 2.Appropriate additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 City Sidewalk Improvements; 3.Authorize the Director of Public Works to establish a project contingency amount of $40,000 and approve contract change orders up to the amount of the approved contract contingency; 4.Adopt the attached resolution entitled "A Resolution of The City Council of the City of Hermosa Beach Approving the Construction of CIP 195 City Sidewalk Improvements &CIP 760 Tree Well Grates Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account”(Attachment 3); 5.Authorize the Mayor to execute the construction contract and the City Clerk to attest,subject to approval by the City Attorney; and 6.Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Executive Summary: Capital Improvement Program (CIP)Projects 195 City Sidewalk Improvements and 760 Tree Well Grates provide sidewalk rehabilitation improvements to meet the American with Disability Act (ADA) standards and tree well grate installation at various locations as shown on the map provided as Attachment 5.Staff received construction bids for the combined projects and recommends City Council award a construction contract to the lowest responsible and responsive bidder,Gentry General Engineering, Inc. Due to recent increases in actual construction costs,staff also recommends appropriation of additional funds from the Capital Improvement Fund to cover the low bid amount of $194,031 and the requested $40,000 construction contingency to cover any unforeseen conditions.The cost increase City of Hermosa Beach Printed on 4/25/2023Page 1 of 5 powered by Legistar™656 Staff Report REPORT 23-0209 requested $40,000 construction contingency to cover any unforeseen conditions.The cost increase was primarily a result of higher than anticipated costs for metal tree grates,which are being added along Hermosa Avenue between 10th Street and 14th Street to reduce trip hazards along the sidewalk. Background: The FY 2022-2023 Capital Improvement Program includes CIP 195 City Sidewalk Improvements and CIP 760 Tree Well Grates which have been combined into a single construction project.The scope of work includes,but is not limited to,removing and replacing sidewalk,removing non-ADA compliant curb ramps and replacing with ADA compliant curb ramps,sidewalk grinding,tree replacement,and installation of tree well grates on Hermosa Avenue between 10th Street and 14th Street,where no grates are provided today,to reduce potential trip hazards along the sidewalk.As part of this project, the City would modify 21 metal tree grates that were previously purchased by the City and have been in storage,and purchase an additional 12 new matching grates so that that all tree wells along this segment of Hermosa Avenue are consistent.The design for this project was prepared in-house by City staff thereby saving approximately $50,000 in design fees and allowing those funds to be utilized for construction.However,staff did need to retain the professional services of a qualified arborist and biologist to assess the conditions and habitat of the existing trees along Valley Drive prior to their removal.Sidewalks for this project were selected based on the City’s sidewalk condition rating report and public requests. Analysis: On March 9,2023,the City advertised the combined project for formal competitive bid in the local newspaper and on Planet Bids,the City’s electronic bidding platform.On March 30,2023,the City received three bids,which were opened and read aloud by the City Clerk (Attachment 1).The bid results are summarized below. Bidders Amount Gentry General Engineering, Inc.$194,031.00 Addison-Miller Inc.$243,030.00 CT&T Concrete Paving, Inc.$348,406.60 Staff reviewed the bid documents and found the low bidder,Gentry General Engineering,Inc. (Gentry),to be a responsible and responsive bidder.The unit pricing for the low bid was generally consistent with the engineer’s estimate with the exception of the modification,and purchase of new metal grates which was higher than anticipated,but not unreasonable in comparison to other unit pricing received in the other bids.Staff recommends proceeding with the installation of the tree grates so that they can be removed from storage in the City Yard and utilized along Hermosa Avenue to enhance safety. Staff confirmed Gentry’s contractor license is active and in good standing with the Contractor’s State City of Hermosa Beach Printed on 4/25/2023Page 2 of 5 powered by Legistar™657 Staff Report REPORT 23-0209 Staff confirmed Gentry’s contractor license is active and in good standing with the Contractor’s State License Board.Staff contacted references and confirmed competency through completion of recent projects of similar type of work within the past five years. Gentry completed sidewalk construction projects for the City of El Monte,City of Rancho Cucamonga,City of El Segundo,and City of Torrance in 2022.The referenced cities reported highly satisfactory work and willingness to work with Gentry again.Gentry has also performed prior work in the City of Hermosa Beach in 2019 for 8th Street Improvements and is currently constructing ADA access ramps as part of the combined CIP 601,606,and 698 project where their work has been very satisfactory.Overall,staff finds the low bidder to be a qualified contractor to complete the proposed work for the project and recommends City Council award the construction contract (Attachment 4)to Gentry General Engineering, Inc. If approved,staff would provide construction management and inspections services for the project due to the limited scope of work.Staff anticipates construction to start as soon as May 2023,with an anticipated completion date in June 2023. ADA Self-Evaluation and Transition Plan Consistency The project is consistent with the goals of the adopted 2022 ADA Self-Evaluation and Transition Plan as it advances the construction of improvements that remove physical barriers and facilitate access for all individuals. Environmental Analysis The Project is exempt under the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines section 15301 (Existing Facilities).The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use.No exceptions to the CEQA exemption apply. General Plan Consistency: The report and associated recommendation have been evaluated for their consistency with PLAN Hermosa, 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 rights-of-way.Where right-of-way clearance allows,enhance public right of ways to improve connectivity for pedestrians,bicyclists,disabled persons,and public transit stops. ·3.2 Complete pedestrian network.Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances City of Hermosa Beach Printed on 4/25/2023Page 3 of 5 powered by Legistar™658 Staff Report REPORT 23-0209 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. Infrastructure Element Goal 2.Roadway infrastructure maintenance supports convenient,attractive,and complete streets and associated amenities. Policy: ·2.4 Sidewalk Improvements.Consider innovative funding strategies,such as cost-sharing, ADA accessibility grants,or sidewalk dedications,to improve the overall condition,safety,and accessibility of sidewalks. Fiscal Impact: CIP 195 City Sidewalk Improvements and CIP 760 Tree Well Grates are funded through the Capital Improvement Fund,State Gas Tax Fund,Measure R Fund,and Measure M Fund with a combined appropriation of $188,451. The low bidder, Gentry General Engineering, Inc.’s bid is $194,031.00. Staff recommends appropriating additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 to cover the base contract plus approximately 20 percent contingency of $40,000.The contingency,which is primarily intended to cover unknowns during construction,would also be used to construct additional sidewalk or perform additional sidewalk grinding.The additional work would be subject to available contingency following completion of the base contract scope of work. Agreement Request Request Amount FY 2022-2023 Budget Dept. Account #Total Contract Amount $194,031 115-8195-4201, 147-8195-4201, 148 - 8195-4201,301-8760-4201 $194,031 Attachments: 1. Bid Opening Log 2. Gentry General Engineering, Inc. Bid Documents 3. Draft Resolution 4. Gentry General Engineering, Inc. Contract Agreement 5. Map of Sidewalk Removal and Construction in the City Respectfully Submitted by: German Alvarez, Assistant Engineer City of Hermosa Beach Printed on 4/25/2023Page 4 of 5 powered by Legistar™659 Staff Report REPORT 23-0209 Concur: Stephanie Holst, Senior Engineer Concur: Lucho Rodriguez, City Engineer Concur: Joe SanClemente, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 5 of 5 powered by Legistar™660 661 662 15 IV. BID DOCUMENTS A.PROPOSAL CIP No. 195 CITY SIDEWALK IMPROVEMENTS CONTRACTOR: Date: ___________________ TO: City of Hermosa Beach Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254 Ladies and Gentlemen: The undersigned declares that he/she has carefully examined the location of the proposed work and that they have examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for: CIP No. 195 CITY SIDEWALK IMPROVEMENTS In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein. The Contractor also certifies that he/she is registered with the Department of Industrial Relations. All work shall be completed within (25) working days from the date the notice to proceed is issued by the Engineer. Contractor Signature PWCR Registration Number Gentry General Engineering, Inc March 27, 2023 1000024189 663 16 B.BIDDING SCHEDULE CIP No. 195 CITY SIDEWALK IMPROVEMENTS Item No. Estimated Quantity Unit Description of Work Payment Reference Unit Price Total 1 1 LS MOBILIZATION AND DEMOBILIZATION (5% MAXIMUM) 7-3.4 ------- $ 2 1 LS TRAFFIC CONTROL 601-3.5.2 601-3.6.1 601-7 ------- $ 3 260 SF REMOVE PAVEMENT MARKINGS 314-2.3 $ $ 4 260 SF INSTALL CROSSWALK AND STOP BAR 314-4.4.6 $ $ 5 2174 SF REMOVE EXISTING SIDEWALK (OUTSIDE OF CURB RAMP AREA) 303-5.9 $ $ 6 2114 SF CONSTRUCT PCC SIDEWALK (OUTSIDE OF CURB RAMP AREA) 303-5.9 $ $ 7 2 EA REMOVE EXISTING CURB RAMP 303-5.9 $ $ 8 1 EA CONSTRUCT ADA- COMPLIANT PCC CURB RAMP PER SPPWC STD. PLAN 111-5, CASE C 303-5.9 $ $ 9 1 EA CONSTRUCT ADA- COMPLIANT PCC CURB RAMP PER SPPWC STD. PLAN 111-5, CASE D, TYPE 2 303-5.9 $ $ 10 1 EA REMOVE, PROTECT, AND REINSTALL SIGN POST AND SIGNS 400-5 $ $ 11 113 LF GRIND EXISTING SIDEWALK, CURB, OR DRIVEWAY 303-9.2 $ $ 12 200 SF REMOVE AND DISPOSE OF BRICK 401-3.4 $ $ 13 100 SF REMOVE AND DISPOSE OF PARKWAY CONCRETE 401-3.4 $ $ 14 6 EA REMOVE TREE 401-8 $ $ 15 1 EA FURNISH AND INSTALL TREE, 801-4.5 $ $ 3,800.00 20,900.00 10.50 2,730.00 11.35 2,951.00 9.00 19,566.00 11.00 23,254.00 2,250.00 4,500.00 8,200.00 8,200.00 7,200.00 7,200.00 579.00 579.00 31.00 3,503.00 16.00 3,200.00 16.00 1,600.00 1,650.00 9,900.00 1,150.00 1,150.00 664 17 (Total Bid in Figures) ______ (Total Bid in Words) Contractor Name: ______ In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to Item No. Estimated Quantity Unit Description of Work Payment Reference Unit Price Total MELALEUCA NESOPHILA IN 24 INCH BOX 16 7 EA FURNISH AND INSTALL TREE, QUEEN PALM IN 36 INCH BOX 801-4.5 $ $ 17 2 EA INSTALL ROOT BARRIER AROUND EXISTING TREE 801-11 $ $ 18 4 CU YD FURNISH AND PLACE PARKWAY TOPSOIL TO MATCH ADJACENT SIDEWALK GRADE 801-2.1 $ $ 19 5 EA MODIFY METAL TREE GRATE PROVIDED BY THE CITY. INSTALL FRAME AND METAL TREE GRATE BY CASTING FRAME INTO NEWLY POURED SIDEWALK 801-10 $ $ 20 17 EA MODIFY FRAME AND METAL TREE GRATE PROVIDED BY THE CITY. INSTALL FRAME AND METAL TREE GRATE INTO EXISTING TREE WELL PER THE PROCEDURE DESCRIBED IN THE SPECIAL PROVISIONS 801-10 $ $ 21 12 EA FURNISH FRAME AND METAL TREE GRATE. INSTALL FRAME AND METAL TREE GRATE INTO EXISTING TREE WELL PER THE PROCEDURES DESCRIBED IN THE SPECIAL PROVISIONS 801-10 $ $ Gentry General Engineering, Inc 1,158.00 8,106.00 2,400.00 4,800.00 423.00 1,692.00 652.00 3,260.00 820.00 13,940.00 4,100.00 49,200.00 $194,031.00 one hundred ninety-four thousand thirty-one dollars and zero cents 665 18 represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of __________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided. Contractor Signature: __________________________________________ PW Registration #: __________________________________________ State License #: __________________________________________ Contractor Company Name: __________________________________________ 10% 1000024189 974279 Gentry General Engineering, Inc 666 667 668 669 670 21 D.BIDDER'S ASSURANCE CIP No. 195 CITY SIDEWALK IMPROVEMENTS FROM: Name of Bidder: Business Address: Telephone No: TO: Members of the City Council c/o City Hall City of Hermosa Beach, California Members of the City Council: Pursuant to your published Notice Inviting Bids for: CIP No. 195 CITY SIDEWALK IMPROVEMENTS The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule. BY: TITLE: Gentry General Engineering, Inc 9277 Archibald Ave Rancho Cucamonga, CA 91730 (909) 330-1128 President 671 22 E.BIDDER'S DECLARATION CIP No. 195 CITY SIDEWALK IMPROVEMENTS It is understood and agreed that: 1.The undersigned has carefully examined all documents which will form a part of the Contract; nam ely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, and the Special Provisions. 2.The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof. 3.The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal. 4.The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned. The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents. The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule. 5.The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. 6.The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the Bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest Bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided. 7.This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City. 672 673 In attendance: Board of Directors: GENTRY GENERAL ENGINEERING Gentry General Engineering, Inc. 5 minutes Date: February 3, 2023 7:30 a.m. Brenton Gentry -President, CEO and Secretary I called the meeting to order at 7:30 a.m. I made a motion to submit to the City of Hermosa Beach a statement of those authorized to sign and contract on behalf of Gentry General Engineering, Inc. Those authorized are as follows: Brenton Gentry, President, CEO and Secretary 9277 Archibald Ave, Rancho Cucamonga, CA 91730 The aforementioned individual can act alone to execute any and all documents on behalf of the Corporation and to bind the Corporation with respect thereto. All were in favor and none were opposed. I called a conclusion of this meeting at 7:35 a.m. Respectfully Submitted, Brenton Gentry President, CEO and Secretary __ ... - 674 24 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS CIP No. 195 CITY SIDEWALK IMPROVEMENTS As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non- discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: Gentry General Engineering, Inc President March 27, 2023 675 25 G.CERTIFICATION OF PRINCIPAL CIP No. 195 CITY SIDEWALK IMPROVEMENTS I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.) Signature: Name: Title: Name of Company: Brenton Gentry President Gentry General Engineering, Inc 676 26 H. DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] CIP No. 195 CITY SIDEWALK IMPROVEMENTS The undersigned, a duly authorized representative of the Contractor, certifies and declares that: 1. The undersigned Contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2.The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned Contractor is aware of California Public Contract Code Section 6109, which states: “(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract, and any public money that may have been paid to a debarred subcontractor by a Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.” 4. The undersigned Contractor has investigated the eligibility of each and every subcontractor the undersigned Contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , at (place of execution), California. Signature: Name: Title: Name of Company: 27 March 2023 Rancho Cucamonga Brenton Gentry President Gentry General Engineering, Inc 677 27 I. NON-COLLUSION DECLARATION CIP No. 195 CITY SIDEWALK IMPROVEMENTS The undersigned declares: I am the ___________________ of ______________________________, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state]. NAME OF BIDDER SIGNATURE OF BIDDER ADDRESS OF BIDDER CITY STATE ZIP President Gentry General Engineering, Inc 03/27/2023 Rancho Cucamonga CA Gentry General Engineering, Inc 9277 Archibald Ave Rancho Cucamonga, CA 91730 678 679 28 J.REFERENCES OF WORK CIP No. 195 CITY SIDEWALK IMPROVEMENTS Date: ________________ The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years. All contact information must be current. __________________________________________________________________________________ Name and Address of Public Agency __________________________________________________________________________________ Name and Telephone Number of Project Manager __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project ____________________________________ ______________________________________ Contract Amount Date Completed __________________________________________________________________________________ Name and Address of Public Agency __________________________________________________________________________________ Name and Telephone Number of Project Manager __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project ____________________________________ ______________________________________ Contract Amount Date Completed March 27, 2023 please see attached please see attached 680 29 __________________________________________________________________________________ Name and Address of Public Agency __________________________________________________________________________________ Name and Telephone Number of Project Manager __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project ____________________________________ ______________________________________ Contract Amount Date Completed __________________________________________________________________________________ Name and Address of Public Agency __________________________________________________________________________________ Name and Telephone Number of Project Manager __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project ____________________________________ ______________________________________ Contract Amount Date Completed For additional References, please add separate sheets. please see attached please see attached 681 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com Prior Projects 2013 – $34,500.00 City of Fontana Damaged Street/Sidewalk Asphalt & Concrete R&R 8353 Sierra Ave Fontana, Ca 92335 Jason Jojola: No Email Address 909.350.6636 2014 – $30,000.00 City of Rancho Cucamonga Solar Shade Structure 8794 Lion St. Rancho Cucamonga, Ca 91730 909.477.2730 (No Email Address) 2015 – $495,000 City of Whittier Fire Loop/Fire Sprinkler Repair 9401Painter Ave Whittier, Ca 90605 Karla Embry: Karla.Embry@WUHSD.org 562.332.9303 2015 – $41,000 City of Glendora Water Improvement 116 E. Foothill Blvd. Glendora, Ca 91741 Carlos Cigneros: No Email Address 626.786.1285 2016 – $504,420 City of Baldwin Park Alleyway Street/Sidewalk Asphalt & Concrete R&R 14403 Pacific Ave Baldwin Park, Ca 91706 Chase Fidler: CFidler@baldwinPark.com 626.960.4011 2016 – $619,075 City of Bloomington ADA Ramp – Repair/Maintenance/Replaced 825 E. 3rd Street San Bernardino, CA 92415 Haile Ford: HFord@DPW.SBCount.gov 909.387.7936 2016 – $173,604 City of Montclair Alleyway Street/Sidewalk Asphalt & Concrete 5111 Benito St Montclair, Ca 91763 Steve Stanton: SStanton@CityofMontclair.org 909.625.9444 2017 – $325,000 City of Upland Damaged Street/Sidewalk Asphalt & Concrete R&R 1370 North Benson Ave Upland, Ca 91785 Tony Trejo: TTrejo@CI.Upland.Ca.Us 909.631.3918 682 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2017 – $624,688 Santa Ana Repair Maintenance/Replaced Damaged Street/Sidewalk Asphalt & Concrete R&R 20 Civic Center Plaza Santa Ana, Ca 92701 Victor So: Vso@Santa-Ana.org 714.647.5076 2017 – $694,000 City of Corona Miscellaneous Concrete Repair 400 S. Vicentia Ave, Ste. 210 Corona, Ca 92882 Barry Ghaemi: Barry.Ghaemi@Coronaca.gov 951.739.4961 2017 – $30,000 City of San Diego Demo/Backfill/Compact Existing Vault Location 422 W. Washington St. San Diego, Ca 92103 Matt Cavan: MCavan@HARCOInc.Us 951.684.1909 2018 – $1.2 Million City of Torrance Damaged Street/Sidewalk Asphalt & Concrete R&R 20500 Madrona Ave Torrance, Ca 90503 Shin Furukawa: SFurukawa@TorranceCa.gov 310.618.3073 2018 – $547,950 City of Pasadena Miscellaneous Concrete Repair 100 Garfield Ave Pasadena, Ca 91101 Morley Saralya: MSaralya@CityofPasadena.net 626.744.3703 2018 – $2.2 Million City of Torrance Downtown Torrance Active Transportation Improvements 20500 Madrona Ave Torrance, Ca 90503 Justin Gatza: JGatza@TorranceCa.gov 310.618.3032 2019 – $288,974 City of Barstow Water Treatment Plant Dewatering Pad & Wall 2200 Riverside Dr. Barstow, Ca 92311 Kody Topkins: KTopkins@BarstowCa.gov 760.252.2538 2019 - $544,342 Torrance Unified School District Anza, Arnold and Hickory ES Site Drainage 21400 Ellinwood Dr Torrance, CA 90503 Joe Winterburn: jwinterburn@balfourbeattyus.com (949) 502-4000 2019 - $714,000 City of Hermosa Beach 8th Street Improvements Project 8th Street Hermosa Beach, CA 90254 Reed Salan: rsalan@hermosabch.org (310) 318-0229 683 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2019 - $267,000 Costa Mesa Sanitary District Indus Sewer Main Replacement 20122 Santa Ana Ave Newport Beach, CA 92660 Rob Hamers: rhamers@robhamers.com (949) 548-1192 2019 - $285,744 City of Fullerton Curb/Gutter and Sidewalk Reconstruction Fullerton, CA 92831 Jose Medina: josem@cityoffullerton.com (714) 738-6863 2019 - $141,312 ($139,573 original bid; work limits increased) City of Irvine Ranch Park Bike Trail Rehabilitation Irvine, CA 92618 Anthony Caraveo: acaraveo@cityofirvine.org (949) 724-7365 2019 - $644,763 City of Thousand Oaks Concrete Replacement and Sidewalk Repair Program Thousand Oaks, CA 91320 Michelle McCarty: mmccarty@toaks.org (805) 449-2477 2019 - $14,800.00 Whittier Unified School District (Whittier CHS) Refurbish Long Jump Pits 9401 S. Painter Ave., Whittier, CA 90605 Danny True – Danny.true@wuhsd.org (562) 237-0795 2019 - $210,000 Lynwood Middle School (USD) Storm Drain Improvements 11321 Bullis Road Lynwood, CA 90262 Manuel Jaramillo: Mjaramillo@delterra.com (323)447-0996 2020 - $1,369,000 City of Torrance Sidewalk Repair for Handicap Accessibility Torrance, CA 90505 Shin Furukawa: sfurukawa@torranceca.gov (310) 781-6900 2020 - $19,546 City of Fontana San Bernardino at Cypress Driveway Improvements Fontana, CA 92335 Christopher Smethurst: csmethurst@fontana.org (909) 350-6649 2020 - $158,338 ($149,835 original bid; additional grading work performed) City of Walnut Butterfield Park Trail Rehabilitation 21201 La Puente Rd Walnut, CA 91789 Tony Lopez: tlopez@rkagroup.com (909) 594-9702 684 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2020 - $29,820 City of Irwindale Peppertree Bus Shelter Removal and Foothill Column 5050 N Irwindale Ave Irwindale, CA 91706 Elizabeth Rodriguez – erodriguez@irwindaleca.gov (626) 430-2211 2020 - $5,565 City of Irwindale Arrow Bus Shelter Roof Repair 5050 N Irwindale Ave Irwindale, CA 91706 Elizabeth Rodriguez – erodriguez@irwindaleca.gov (626) 430-2211 2021 - $22,000 Whittier Unified School District Collapsed Storm Drain Repair 9401 S. Painter Ave., Whittier, CA 90605 Danny True – Danny.true@wuhsd.org (562) 237-0795 2021 - $29,999 Costa Mesa Sanitary District Manhole Surface Repairs Phase 7 290 Paularino Ave Costa Mesa, CA 92626 Michael Benesh – mlbenesh@robhamers.com (949) 548-1192 2021 - $366,732 City of Laguna Beach Zones 2 and 3 Street Concrete Improvements 505 Forest Ave Laguna Beach, CA 92651 Alpha Santos-Guinto – asantos@lagunabeachcity.net (949) 497-0729 2021 – $221,318 ($211,965 original bid; extra work added) City of Laguna Beach Ramona Alley Decorative Paving Replacement 505 Forest Ave Laguna Beach, CA 92651 Alpha Santos-Guinto – asantos@lagunabeachcity.net (949) 497-0729 2021 - $198,420 Chino Valley Unified School District Briggs K-8 Waterline Upgrades 11880 Roswell Ave Chino, CA 91710 Sam Sousa – sam_sousa@chino.k12.ca.us (909) 628-1201 x1490 2021 - $125,400 Torrance Unified School District Seaside Elementary Site Drainage Improvement 2335 Plaza Del Amo Torrance, CA 90501 Ryan Palmer – Palmer.ryan@tusd.org (310) 972-6240 685 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2021 - $252,796 City of Rancho Cucamonga Citywide Concrete Repair 10500 Civic Center Dr Rancho Cucamonga, CA 91730 Ernie Ruiz – Ernie.ruiz@cityofrc.us (909) 774-4108 2021 - $41,750 State of California Moro State Deck and ADA Access 715 P Street Sacramento, CA 94296 Michelle Humphrey – Michelle.humphrey@parks.ca.gov (949) 366-8533 2021 - $1,924,055 City of Anaheim Alley Sanitary Sewer Improvement 200 S Anaheim Blvd Anaheim, CA 92805 Scott Yanagihara – syanagihara@anaheim.net (714) 231-4696 2022 - $9,010,551 ($8,449,000 original bid; plans/specs revised post-award) State of California Doheny State Beach Projects A, B and C 715 P Street Sacramento, CA 95832 Ryan McBride – rmcbride@4leafinc.com (714) 833-1792 2022 - $88,066 Cucamonga Valley Water District Nitrate Facility Retaining Wall 10440 Ashford St Rancho Cucamonga, CA 91730 Tyler Bui – tylerbui@cvwdwater.com (909) 483-7455 2022 - $148,029 County of San Bernardino Laurel Ave/Randall Ave Drainage Improvement 825 E 3rd St San Bernardino, CA 92415 Carlos Seanez – carlos.seanez@dpw.sbcounty.gov (909) 486-0227 2022 – $98,050 City of Laguna Beach Citywide Guardrails 505 Forest Ave Laguna Beach, CA 92651 Alpha Santos-Guinto – asantos@lagunabeachcity.net (949) 497-0729 2022 - $121,318 ($111,000 original bid; work limits extended) City of Orange Chapman Ave Alley Improvement 300 E Chapman Ave Orange, CA 92866 Karl Schmidt – kschmidt@cityoforange.org (714) 744-5562 686 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2022 - $1,085,610.50 City of Torrance Citywide Sidewalk Repair for Disabled Accessibility 3031 Torrance Blvd Torrance, CA 90503 Marc Simons – msimons@torranceca.gov (424) 399-3193 2022 - $7,997 City of Rancho Cucamonga Citywide Fence Repair 8794 Lion St Rancho Cucamonga, CA 91730 Phillip Ortega – Phillip.Ortega@cityofrc.us (909) 477-2730 2022 - $206,496 ($200,010 original bid; design revisions) City of El Segundo W Mariposa Ave and W Pine Ave Sidewalk Construction 350 Main St El Segundo, CA 90245 Floriza Rivera – frivera@elsegundo.org (310) 524-2361 2022 - $413,420 Temecula Valley Unified School District Vintage Hills Elementary School Modernization 31350 Rancho Vista Rd Temecula, CA 92592 Jim Flath – jflath@balfourbeattyus.com (951) 501-9594 2022 - $5,700 City of Rancho Cucamonga Way Finder Monument Sign Replacement 8794 Lion St Rancho Cucamonga, CA 91730 Phillip Ortega – Phillip.Ortega@cityofrc.us (909) 477-2730 2022 - $426,472 ($508,372 original bid; some bid schedule items deleted from work) County of San Bernardino Ridgecrest Rd Sidewalk and Ramps 825 E 3rd St San Bernardino, CA 92415 Carlos Seanez – carlos.seanez@dpw.sbcounty.gov (909) 486-0227 2022 - $48,606 City of Rancho Cucamonga Calle Carabe Sidewalk Repair 8794 Lion St Rancho Cucamonga, CA 91730 Richard Favela – Richard.Favela@cityofrc.us (909) 774-4107 2022 – $128,695 City of Laguna Beach Peppertree Parking Lot Rehabilitation 505 Forest Ave Laguna Beach, CA 92651 Alpha Santos-Guinto – asantos@lagunabeachcity.net (949) 497-0729 687 9277 Archibald Ave. Rancho Cucamonga, CA 91730 off: 909.330.1128 fax: 909.330.1129 gentrygeneral@gmail.com 2022 - $529,424 ($489,075 bid value; quantities/limits increased) City of El Monte Sidewalk and Curb Ramp Reconstruction 11333 Valley Blvd El Monte, CA 91731 John Rico – jrico@elmonteca.gov (626) 258-8833 2022 - $47,522 ($44,236 bid value; additional signage added to scope) City of El Monte City Hall Parking Lot ADA Improvements 11333 Valley Blvd El Monte, CA 91731 Kevin Ko – kko@elmonteca.gov (626) 580-2058 2022 - $142,591 City of Rancho Cucamonga Heritage Community Park Pedestrian Trail Rehabilitation 8794 Lion St Rancho Cucamonga, CA 91730 Richard Favela – Richard.Favela@cityofrc.us (909) 774-4107 2022 - $15,600 City of Rancho Cucamonga Carnelian Block Wall Repair 8794 Lion St Rancho Cucamonga, CA 91730 Richard Favela – Richard.Favela@cityofrc.us (909) 774-4107 2022 - $8,922 City of Rancho Cucamonga Guardrail Replacement at Woodruff and Highland 8794 Lion St Rancho Cucamonga, CA 91730 Phillip Ortega – Phillip.Ortega@cityofrc.us (909) 477-2730 2022 – $176,450 ($138,925 bid value; limits/quantities increased) City of Orange Chapman and Yorba Sidewalk Construction 300 E Chapman Ave Orange, CA 92866 Eric Perez – eperez@cityoforange.org (714) 744-4107 2022 - $109,208 ($99,420 bid value; scope of work increased City of Rancho Cucamonga Construction of Pickleball Courts at Redhill Park 8794 Lion St Rancho Cucamonga, CA 91730 Jenny Hanlon – Jenny.Hanlon@cityofrc.us (909) 774-2343 688 30 K.SUBCONTRACTORS LIST CIP No. 195 CITY SIDEWALK IMPROVEMENTS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner. We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing. Sub-Contractors Name: Address: Description of Work: CSLB Contractor License Classification and No. DIR Registration No. Phone No. Dollar Amount of Work & % of Work V&E Tree Service PO Box 3280, Orange, CA 92865 tree removal and root barrier installation 654506 - C27, C61/D49 1000001936 (714) 997-0903 $12,600.00; 6.5% 689 31 Sub-Contractors Name: Address: Description of Work: CSLB Contractor License Classification and No. DIR Registration No. Phone No. Dollar Amount of Work & % of Work Sub-Contractors Name: Address: Description of Work: CSLB Contractor License Classification and No. DIR Registration No. Phone No. Dollar Amount of Work & % of Work Sub-Contractors Name: Address: Description of Work: CSLB Contractor License Classification and No. DIR Registration No. Phone No. Dollar Amount of Work & % of Work Sub-Contractors Name: Address: Description of Work: CSLB Contractor License Classification and No. DIR Registration No. Phone No. Dollar Amount of Work & % of Work Percent of work to be performed by sub-Contractors: % (Note: 50% of work is required to be performed by general Contractor) For additional Sub-Contractors, please add additional sheet(s) PCI 975 W 1st St, Azusa, CA 91702 striping, wheel stops and ADA signs 415490 - C32, C61/D42 1000813536 (562) 218-0504 $10,750.00; 5.5% 12 690 32 L. IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code Section 2200 et seq.) CIP No. 195 CITY SIDEWALK IMPROVEMENTS As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: The Contractor is not: (1)identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2)a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: Printed Name: Title: Firm Name: Date: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on Contracts for three years. X X Brenton Gentry President Gentry General Engineering, Inc March 27, 2023 691 33 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION CIP No. 195 CITY SIDEWALK IMPROVEMENTS Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.1 Name of Bidder:_________________________________ DIR Registration Number:_________________________ DIR Registration Expiration:_______________________ Small Project Exemption: _____ Yes or _____ No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: Bidder shall maintain a current DIR registration for the duration of the project. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its Contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Bidder______________________________________ Signature___________________________________________ Name and Title______________________________________ Date______________________________________________ 1 If the Project is exempt from the Contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Gentry General Engineering, Inc 1000024189 June 30, 2025 X Gentry General Engineering, Inc Brenton Gentry, President March 27, 2023 692 Page 1 of 2 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP 195 CITY SIDEWALK IMPROVEMENTS & CIP 760 TREE WELL GRATES PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, City staff designed and prepared the plans for CIP NO. 195 City Sidewalk Improvements & CIP NO. 760 Tree Well Grates (“Project”); and WHEREAS, The City solicited competitive bids for the City Sidewalk Improvements and Tree Well Grates; and WHEREAS, Bids were received and opened publicly on March 30, 2023 and Gentry General Engineering, Inc. was chosen as the lowest responsible bidder; WHEREAS, the City Council, concurrent with the adoption of this Resolution, awarded the construction contract to the lowest responsible bidder, Gentry General Engineering, Inc. for the City Sidewalk Improvements and Tree Well Grates (Reconciliation). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed. SECTION 2. Design Immunity; Authorization A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; 693 Page 2 of 2 RES NO. 23- C. The approval granted by this Resolution conforms with the City’s General Plan; D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project. SECTION 4. The City Clerk is directed to certify the adoption of this Resolution. SECTION 5. This Resolution will become effective immediately upon adoption. PASSED, APPROVED and ADOPTED on this 25th day of April, 2023 Raymond Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 694 36 A. CONTRACT AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Gentry General Engineering, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 195 CITY SIDEWALK IMPROVEMENTS AND CIP NO. 760 TREE WELL GRATES (RECONCILIATION) (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On April 25, 2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP No. 195 CITY SIDEWALK IMPROVEMENTS and CIP No. 760 TREE WELL GRATES (RECONCILIATION) in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 195 CITY SIDEWALK IMPROVEMENTS AND CIP NO. 760 TREE WELL GRATES (RECONCILIATION) in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated March 09, 2023 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any 695 37 inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $194,031.00 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 25 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Part 1 General Provisions Section 6-9 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS. Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil 696 38 damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. 697 39 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of 698 40 California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code. 9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA 699 41 requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program 13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTR ACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, 700 42 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of 701 43 this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Working On, Over, or Near Navigable Waters. This Contract involves work on or adjacent to and/or work contributing to commerce on Navigable Waters of the United States, as defined by the U.S. Code of Federal Regulations. The Contractor therefore shall provide proof of insurance coverage in compliance with the statutory requirements of the U.S. Longshore and Harbor Workers’ Compensation Act. If the Contractor is working from barges or any other watercraft, owned or non- owned, the Contractor must maintain Protection and Indemnity (P&I) insurance providing coverage for actions of the crew to third parties in the amount of $1,000,000 each occurrence or accident. The City shall be named by endorsement as an additional insured on the Contractor’s Protection and Indemnity insurance policy. The Contractor must also provide proof of insurance coverage in compliance with the statutory requirements of the Merchant Marine Act of 1920 (Jones Act). 702 44 iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). viii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. ix. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY. b. Builder’s Risk (Course of Construction) Insurance. i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear. ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures,processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. 703 45 c. Claims Made Policies. If any coverage required is written on a claims-made coverage form: i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY. e. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. f. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. g. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 704 46 h. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion 705 47 enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 706 48 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Project Manager CONTRACTOR: Attention: 27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 707 49 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format: Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made List of documents relating to claim: Specifications Drawings Clarifications (Requests for Information) Schedules Other Chronology of events and correspondence Analysis of claim merit Analysis of claim cost Time impact analysis in CPM format If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. 708 50 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR. CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater. Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed. 709 51 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 710 52 Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims. 24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the am ount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract. 26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties. 27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 711 53 29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 30. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. 31. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. 712 54 State of California CONTRACTOR'S License No. CONTRACTOR By: Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA By: Date MAYOR ATTEST: By: Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: CITY ATTORNEY Date 713 Hermosa Avenue (13th Street to 14th Court) Anticipated Sidewalk Panel & Curb Ramp Replacement 714 34th Street (Hermosa Avenue to Palm Drive) Anticipated Sidewalk Panel Replacement 715 Valley Park Avenue (18th Street to End) Anticipated Sidewalk Panel & Tree Replacement 716 11th Street (Beach Drive to Hermosa Avenue) Portion of Anticipated Sidewalk Panel Replacement 717 Valley Drive (6th Street to 8th Street) Anticipated Sidewalk Panel Replacement 718 Hermosa Avenue (10th Street to 14th Street) Anticipated Tree Well Grate Installation 719 S Park Avenue (24th Place to 25th Street) Anticipated Sidewalk Panel Grinding 720 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0218 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 CONSIDERATION OF REQUESTS FOR NAMING OF PUBLIC FACILITIES AND PUBLIC SPACE IN HONOR OF JEFF DUCLOS AND JULIAN KATZ (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council consider designating a subcommittee to review two requests for the naming of specified public facilities and outdoor space as follows: 1)Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz; and 2)Renaming the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos. Executive Summary: At its September 28,2021 meeting,City Council adopted the Municipal Naming,Monument and Sponsorship Policy (Attachment 1).The purpose of the policy,among other naming and sponsorship activities,is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space.Staff recommends City Council proceed with the review procedure for two pending requests initiated by City Councilmembers,which include the naming of a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz and the renaming of the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos. Background: At its November 18,2019 meeting,under the “Other Matters”section of the agenda,City Council directed staff to return to Council with an item to consider the creation of a Council subcommittee to work with a Parks and Recreation Commission subcommittee on dedicating the Community Garden at South Park in Councilmember Jeff Duclos’name.Given the absence of a formalized process or policy for the naming of City facilities,staff subsequently returned to Council at its December 17, 2019 meeting with a recommendation that Council form a subcommittee to work with a subcommittee of the Parks & Recreation Commission on the dedication process. At its September 28,2021 meeting,City Council adopted the Municipal Naming,Monument,and City of Hermosa Beach Printed on 4/25/2023Page 1 of 4 powered by Legistar™721 Staff Report REPORT 23-0218 At its September 28,2021 meeting,City Council adopted the Municipal Naming,Monument,and Sponsorship Policy (Attachment 1).The purpose of the policy,among other naming and sponsorship activities,is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space. At the March 28,2023 City Council meeting,under the “Future Agenda Items”section of the agenda, Councilmember Detoy made a motion,and three Councilmembers supported,directing staff to return with an item regarding the naming of the Bike Corral at Hermosa Avenue and 10th Street in honor of late Commissioner and cycling advocate Julian Katz. Past Board, Commission and Council Actions Meeting Date Description November 18, 2019 Under the “Other Matters” section of the agenda, City Council directed staff to return to Council with an item to consider the creation of a Council sub-committee to work with a Parks and Recreation Commission sub-committee on dedicating the Community Garden at South Park in Councilmember Jeff Duclos’ name. December 17, 2019 Absent of a formalized naming policy, staff retuned to City Council with a recommendation that Council form a sub- committee to work with a sub-committee of the Parks & Recreation Commission on the dedication process. September 28, 2021 City Council approved a final Municipal Naming, Monument and Sponsorship Policy Guide. March 28, 2023 Under the “Future Agenda Items” section of the agenda, Councilmember Detoy made a motion and three Council members supported directing staff to return with an item regarding the naming of the Bike Corral at Hermosa Avenue and 10th Street in honor of late Commissioner and cycling advocate Julian Katz. Discussion: In accordance with the City’s Municipal Naming,Monument,and Sponsorship Policy Guide,staff recommends Council consider designating a subcommittee consisting of two City Councilmembers to provide a detailed analysis and recommendation regarding the two outstanding naming requests. The Council may also direct any applicable Commission to also create a subcommittee to further assist in the review. The first request is to consider renaming the Hermosa Beach Community Garden at South Park in City of Hermosa Beach Printed on 4/25/2023Page 2 of 4 powered by Legistar™722 Staff Report REPORT 23-0218 The first request is to consider renaming the Hermosa Beach Community Garden at South Park in honor of former Mayor and Councilmember Jeff Duclos.An avid surfer and environmentalist,Duclos was the leading voice who spearheaded the movement for a permanent community garden in Hermosa Beach.Duclos served on the City Council between 2009 and 2019 and lived in Hermosa Beach for 40 years before moving to San Diego County to be closer to his children and grandchildren. The second request is to consider naming the bike corral on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and cycling advocate Julian Katz.A founding member and past president of the South Bay Bicycle Coalition,Katz was instrumental in developing the South Bay Bikeway Master Plan,which led to the construction of the region’s first sharrow lane on Hermosa Avenue.Through his leadership,he helped unify the Cities of El Segundo,Hermosa Beach, Manhattan Beach,Redondo Beach,Torrance,Lawndale,and Gardena to develop that plan,which led to a $250,000 grant from the Los Angeles County Department of Public Health.As a result of the Hermosa Avenue sharrows demonstration project,over 13.8 miles of sharrows and 40 miles of the bikeways have been installed throughout the South Bay as part of the Bikeway Master Plan. Should the Council choose to form a subcommittee to provide a detailed analysis and recommendation regarding the two requests,the subcommittee(s)would subsequently present their recommendations to the applicable body followed by the City Council for a formal review. 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: ·1.6 Long-term considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. Goal 2. The community is active and engaged in decision-making processes. Policy: ·2.6 Responsive to community needs.Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. City of Hermosa Beach Printed on 4/25/2023Page 3 of 4 powered by Legistar™723 Staff Report REPORT 23-0218 Fiscal Impact: There is no fiscal impact associated with the recommended action to consider the creation of a City Council subcommittee.The fiscal impact of implementing the two naming requests is unknown at this time as each request for naming or placement of a monument or statue would have unique needs and require different levels of support from the City. Attachments: 1.Municipal Naming, Monument and Sponsorship Guide 2.Link to November 18, 2019 City Council Meeting Minutes 3.Link to December 17, 2019 City Council Staff Report 4.Link to September 28, 2021 City Council Staff Report 5.Link to March 28, 2023 City Council Meeting Video Respectfully Submitted by: Sirinya Matute, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 4/25/2023Page 4 of 4 powered by Legistar™724 City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0239 MUNICIPAL NAMING, MONUMENT AND SPONSORSHIP POLICY GUIDE PUBLIC FACILITIES + OUTDOOR SPACES MONUMENTS, STATUES + PUBLIC ART EVENT + ACTIVITY SPONSORSHIP 725 TABLE OF CONTENTS Purpose .......................................................................................................................... 1 General Information ..................................................................................................... 1 Definitions ................................................................................................................... 1 Naming of Public Facilities + Outdoor Space ............................................................ 3 Purpose .................................................................................................................................. 3 Guiding Principles .................................................................................................................. 4 Guidelines .............................................................................................................................. 4 Review Procedure ................................................................................................................. 5 Qualifying Names and Criteria............................................................................................. 6 Renaming .............................................................................................................................. 6 Monuments, Statues + Public Art ................................................................................. 7 Purpose .................................................................................................................................. 7 Guiding Principles .................................................................................................................. 7 Guidelines .............................................................................................................................. 8 Review Procedure ................................................................................................................. 9 Signage ........................................................................................................................ 10 Municipal Naming, Monument and Sponsorship Quick Glance ........................... 11 726 1 PURPOSE The purpose of this policy is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space; the placement of Monuments or Statues, public art, and memorial park benches; and event and activity Sponsorships for the purpose of recognizing individuals, groups or organization that have made a significant contribution to the City of Hermosa Beach. This policy shall guide the City Council in its approval of these recognition opportunities to ensure a thorough and formal review of each request. This policy outlines criteria, conditions and procedures in order to maintain integrity, encourage philanthropic giving while acknowledging public investments, and to safeguard against unwanted commercialization of City Assets. Consideration will include the specific name(s) of public facilities and outdoor space; the specific placement of Statues and/or Monuments on City- owned land; Sponsorship opportunities; and the duration of each of these relationships. GENERAL INFORMATION Definitions The following definitions will apply for the purpose of this policy: City Assets: Tangible or intangible items of value that are owned or created by the City including but not limited to both City facilities and City-owned land. City Facility (included in City Assets): Any part of real property or structure owned by the City including, but not limited to parks, libraries, Recreational Facilities buildings, parking facilities, interior or ancillary features that are a part of, or within, a larger facility and other City facilities. Civic Organizations: any local service club or association not organized for profit but operated exclusively for education or charitable purposes. Commission: Commission as defined by the Hermosa Beach Municipal Code Chapters 2.28; 2.32; 2.76 and 2.80. 727 2 Donation or Gift: A monetary (cash) contribution, endowments, personal property, real property, financial securities, equipment, in-kind goods or services, or any other City Asset that the City has accepted and for which the Donor has not received any goods or services in return. Donor: A person or other legal entity that proposes or provides a Donation to the City. Funding: Financial or in-kind resource to provide Funding that might result in Naming or Renaming. Naming: The selection and approval by the city for the initial Naming of a City Asset within the public right of way. Monument or Statue: a structure erected to commemorate a famous or notable person or event. Renaming: The selection and approval by the City for a new name of an existing City Asset. Sign Ordinance: The City’s sign regulations contained in the Hermosa Beach Municipal Code Chapter 17.50. Sponsorship: A contractual arrangement for a defined period of time where a third party provides goods, services or financial contribution in return for access to the commercial/marketing potential associated with rights to be publicly denoted as being a sponsor of a city service, program, event, activity or sub-component of a City Asset and/or rights for the inclusion and public display of the third party’s name as part of the name of a city service, program, event, activity or sub-component of a City Asset. 728 3 NAMING OF PUBLIC FACILITIES + OUTDOOR SPACE Purpose To establish formal policies as a guide to the City Council in considering appropriate names for city-owned land, buildings, and facilities (City Asset); whether, and under what circumstances, such land, building, and facilities should be named or renamed in honor of an individual; and the duration of Naming rights of City-owned land, buildings, and facilities. This policy is in place to ensure the following: • The Naming of public facilities and outdoor space enhances a sense of community within the city. • Parks and recreational areas are easily identified and located. • Names given are consistent with the values and characteristics of the City of Hermosa Beach. • Assure the quality of the title/name, so that it will serve the purpose of the city in a permanent manner. • Encourage public participation and input in order to fully represent the best interest of the area affected; and • Encourage and recognize the dedication of lands, or Donations by individuals or groups. 729 4 Guiding Principles In considering proposals for the Naming or Renaming of a city-owned public facility or outdoor space, the city will consider whether the proposed name will: • Engender a strong positive image consistent with the city’s goals and values; • Be appropriate relative to the City Asset’s location and/or history; • Have historical, cultural, or social significance for future generations; • Commemorate places, people, or events that are of continued importance to the city, community, region, or state; • Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City Asset; • Names that have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this type of name, the City Council will take into consideration the recommendations from different bodies such as the Planning Commission or the Hermosa Beach Historical Society. • Have broad public support; and • Not result in the excessive commercialization of the City Asset. Guidelines The City Council will consider requests for the Naming of public facilities and outdoor space whether submitted by City Council members, city staff, city agencies, Civic Organizations, or by members of the community. City-owned land, buildings and facilities may be named in honor of persons who have served the nation, the State of California and/or the City of Hermosa Beach in an exceptional and distinguished manner; and where such action is warranted by a contribution or service which is deemed to be of major significance. In assessing this honor, the City Council will take into consideration the recommendations from different bodies such as the applicable City Commission(s) or local interest groups. City-owned land, buildings and facilities may be named after individuals or families who have donated the land or funds for a capital project, particularly if such Naming is set forth as a condition of the Donation. Additionally, the City Council may approve the Naming of city-owned land, buildings or facilities based on an organization or individual’s monetary contribution to the city for that purpose. The funds from that contribution may be used for any purpose deemed appropriate by the City Council unless there is a specified use as a condition of 730 5 the contribution. The duration of the name is on a case -by-case basis at the discretion of the City Council unless otherwise set forth as a condition of the contribution approved by the Council. The names of city-owned land, buildings and facilities shall not normally be named in honor of individuals when they have previously been named for another individual. However, if the Council deems it appropriate, they may vary from the guideline on a case-by-case basis. When appropriate, parks, trails and facilities can be named after predominant geographical or physical features of the land. These may include natural features or man-made features. Different sections of public facilities and outdoor space may carry names that differ from that of the overall park or facility. This may include the Naming of individual items in a park or facility such as a meeting room. However, the guidelines outlined in this guide shall still apply in the selection and adoption of the name. Review Procedure Consideration of requests for the Naming of public facilities and outdoor space will include the following: 1. Submittal Request. Letter requests for Naming of City-owned land, buildings and facilities shall be filed with the City Clerk. Letters shall include clear justification for the request including qualifying information, as outlined below. 2. Sub-committee Review. Upon review by the City Manager and if the request warrants further investigation, it will be presented to the City Council to consider designating a sub-committee consisting of two (2) City Council Members to provide a detailed analysis and recommendation. The Council may also direct any applicable Commission to also create a sub- committee to further assist in the review. 3. Sub-committee(s) Recommendation. The sub-committee(s) will present their recommendations to the applicable body followed by the City Council for a formal review. If the Sub-committee recommends approval, it will also provide a written statement to be preserved as to who the individual is/was and why the naming is taking place. 731 6 4. City Council Review. The City Council will make its determination as to the Naming or Renaming of City-owned land, buildings, and facilities at regularly scheduled meetings. The decision of the City Council will be final. a. In the case the request is denied by the Council, no further action is taken. b. If the request is approved, staff will begin implementing the Naming of the public facility or outdoor space through execution of a formal agreement. Qualifying Names and Criteria The review and selection of names will follow an extensive and exhaustive review of several factors. The following will be considered as part of this review: • Geographical location of the facility or outdoor space including descriptive names. • An outstanding feature of the area (i.e. hill, vegetation). • Commonly recognized subjects of historical significance such as an event, person, group, culture, or place. • A person or group who significantly contributed to the acquisition or development of the park/facility. • An individual who provided an exceptional service in the interest of the park system as a whole or for the community as a whole. • A person whose contribution or significant Gift is of a most extraordinary nature. • Parks and facilities that are donated to the city can be named by deed restriction by the Donor. Additionally, Naming may be considered based on the provision of significant Funding that underwrites the cost of renovation or construction of city property. Financial underwriting shall be broadly defined as substantial monetary contributions that enable the City to acquire, maintain, and/or improve City Assets. This may include monetary Gifts and/or grants that leverage federal, state and local Funding for such projects or complete Donation of land. Renaming The intent of Naming a public facility or outdoor space is intended for permanent recognition. Therefore, the Renaming of parks and facilities is strongly discouraged. Requests for the Renaming or removal of the name of an already named public facility or outdoor space will be subject to the most careful examination so as not to diminish the original justification for the name or discount the value of the prior contributors. Notwithstanding the preceding language, and 732 7 unless restricted by an agreement with a Donor, City Council has complete discretion to remove a name or rename a property MONUMENTS, STATUES + PUBLIC ART Purpose To establish formal policies as a guide to the City Council in considering the placement of a Monument, Statue or public art on city-owned land including city facilities and outdoor spaces; whether and under what circumstances a desired location would be best suited for the placement of a Statue, Monument and/or public art in honor of an individual or family; and the duration of this placement of a Statue, Monument and/or public art. Memorial park benches are not included as part of this policy. These are administered by the Public Works Department and should be contacted directly for further details. The Community Development Department oversees placement of Monuments, Statues and public art on private property. Guiding Principles In considering proposals for the placement of a Monument, Statue or public art on city-owned land including City facilities and outdoor spaces, the city will evaluate whether the Monument or public art piece: • Engenders a strong positive image consistent with the city’s goals and values; 733 8 • Have historical, cultural, or social significance for future generations; • Commemorate places, people, or events that are of continued importance to the city, community, region, state, or nation; • Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City Asset; • The location of the Monument, Statue or public art piece is significant in some measurable way to the individual or image depicted; • The individual or image depicted in the art piece have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this type of name, the City Council will take into consideration the recommendations from different bodies such as the Planning Commission or the Hermosa Beach Historical Society. • Have broad public support; and • Not result in the excessive commercialization of the City Asset. Guidelines The City Council will consider placement of Statues, Monuments or public art whether submitted by City Council members, city staff, city agencies, Civic Organizations, or by members of the community. Placement of a Statue, Monument or public art should have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this placement location, the City Council will take into consideration the recommendations from different bodies such as the applicable City Commission(s) or local interest groups. Placement may be in honor of persons who have served the nation, the State of California and/or the City of Hermosa Beach in an exceptional and distinguished manner; and where such action is warranted by a contribution or service which is deemed to be of major significance. Placement of a Statue, Monument or public art in honor of a deceased person shall generally not take place until after a minimum of one-year waiting period unless the City Council determines that there are overriding considerations deviating from this policy guideline. This policy guideline is not intended in any way to reflect on the merits of any deceased individual who may have been a prominent civic leader. However, it is felt appropriate to establish some type of waiting period to ensure that an individual’s accomplishments or contributions will stand the test of time; and that a decision shall not be made on an emotional basis immediately following a person’s death. 734 9 A Statue and/or Monument may be named after individuals or families who have donated the land or funds for the capital project, particularly if such Naming is set forth as a condition of the Donation. The City Council may approve the placement of a Statue and/or Monument based on an organization or individual’s monetary contribution to the city for that purpose. The funds from that contribution may be used for any purpose deemed appropriate by the City Council unless there is a specified use as a condition of the contribution. The duration of the name is on a case-by-case basis at the discretion of the City Council unless otherwise set forth as a condition of the contribution approved by the Council. Review Procedure Consideration of requests for the placement of a Monument, Statue or public art on city-owned land including city facilities and outdoor spaces will include the following: 1. Submittal of Request. Letter requests for Naming of City-owned land, buildings and facilities shall be filed with the City Clerk. Letters shall include clear justification for the request including qualifying information, as outlined below. 2. Sub-committee Review. Upon review by the City Manager and if the request warrants further investigation, it will be presented to the City Council to consider designating a sub-committee consisting of two (2) City Council Members to provide a detailed analysis and recommendation. The Council may also direct any applicable Commission to also create a sub- committee to further assist in the review. 3. Sub-committee(s) Recommendation. The sub-committee(s) will present their recommendations to the applicable body followed by the City Council for a formal review. If the Sub-committee recommends approval, it will also provide a written statement to be preserved as to who the individual is/was and why the naming is taking place. 4. City Council Review. The City Council will make its determination as to the placement of a Statue, Monument or public art on city-owned land including city facilities and outdoor spaces at regularly scheduled meetings. The decision of the City Council will be final. 735 10 a. In the case the request is denied by the Council, no further action is taken. b. If the request is approved, staff will begin implementing the Naming of the public facility or outdoor space through execution of a formal agreement. Signage Donor or Naming acknowledgement is permitted but must be approved by the City Council prior to installation. This approval will include review of the size, subject matter, overall sign design, materials, location and placement. Signage shall comply with the Sign Ordinance (HBMC 17.50) and adhere to the City’s official logo and branding guidelines. Additionally, the following criteria must also be followed: • Any physical form of recognition shall not interfere with visitor use or routine operations. • The form of any on-site recognition shall: o Be of appropriate size and color within the design scheme of the facility, Monument, Statue or public art piece; o Not dominate the sign in terms of scale or color; and o Not detract from surroundings or any interpretive messages. The use of corporate logos and insignias on recognition signs will be considered by the City Council for formal approval prior to installation. 736 11 Municipal Naming, Monument and Sponsorship Quick Glance APPROVAL NAMING OF PUBLIC FACILITIES AND OUTDOOR SPACES City Council retains sole authority to name City- owned land, buildings, and facilities. PLACEMENT OF MONUMENTS, STATUES, OR PUBLIC ART City Council retains sole authority to allow installation of a Monument, Statue or public art to honor or memorialize a person or family or to celebrate the culture of the community. SPONSORSHIP OF CITY EVENT OR ACTIVITY The City Manager retains authority to allow for the Sponsorship of city operated programs. If deemed necessary by the City Manager, the sponsorship opportunity would be taken to the City Council for final approval. MEMORIAL BENCH DONATION PROGRAM The Public Works department accepts, reviews and administers Memorial Bench Donation requests. 737 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0249 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023 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 4/25/2023Page 1 of 1 powered by Legistar™738 April 19, 2023 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council April 25, 2023 TENTATIVE FUTURE AGENDA ITEMS MAY 9, 2023 @ 5:00 PM INITIAL DATE CLOSED SESSION MAY 9, 2023 @ 6:00 PM PRESENTATIONS RECOGNIZING AYSO WESTERN STATE CHAMPIONS RECOGNIZING MAY 2023 AS MENTAL HEALTH AWARENESS MONTH RECOGNIZING NATIONAL POLICE WEEK MAY 14–20, 2023 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 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 17, 2023 Community Resources Manager Ongoing Action Minutes of the Civil Service Board Meeting of March 15, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for March 2023 Emergency Management Coordinator Ongoing Approval of a Resolution Authorizing the Preparation of a Report for the Annual Levy of Assessments Within the Hermosa Beach Landscaping and Street Lighting District During FY 2023-2024 Public Works Director Annual Revised Award of Construction Contract for CIP 617 Civic Center Charging Stations Environmental Programs Manager Staff Request Apr. 6, 2023 Adopt a Resolution of the City Council of the City of Hermosa Beach, California, Approving an Amendment to The Joint Powers Agreement with The Los Angeles Regional Agency Environmental Programs Manager Staff Request Apr. 12, 2023 Second Reading - An Ordinance of the City Council of the City of Hermosa Beach, California Increasing Parking Meter Rates and Finding the Same Exempt from the California Environmental Quality Act Finance Director Council Direction Mar. 28, 2023 Vacancies – Civil Service Board Upcoming Expiration of Terms City Clerk 4-Year Term MUNICIPAL MATTERS Award of contract for updating the City’s Local Hazard Mitigation Plan Emergency Management Coordinator Staff Request Mar. 14, 2023 Information Item on Federal Regulation and City Policy on Wireless Facilities (supported by Detoy and Francois) City Attorney/ Community Development Director Council Direction Mar. 28, 2023 Report on California AB43 - New Legislation Which Gives Cities Throughout the State More Control Over Deciding How Speed Limits Should be Set and Would Allow Local Government to Lower Speed Limits by 5 MPH (Analysis on What the City Can/Can’t do and When the City can do it), (supported by Jackson, Massey and Detoy) City Attorney Council Direction Mar. 28, 2023 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 739 2 MAY 23, 2023 @ 5:00 PM INITIAL DATE CLOSED SESSION MAY 23, 2023 @ 6:00 PM PRESENTATIONS PRESENTATION FROM MADD RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 21–27, 2023 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 April 2023 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for April 2023 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 March 15, 2023 Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of May 16, 2023 Community Development Director Ongoing South Bay Workforce Investment Board Quarterly Summary (3 rd Quarter for FY 2022–23) City Manager/Chris Cagle Quarterly Approval of Special Event Long-term Agreements Community Resources Manager Staff Request Dec. 19, 2022 Endorsement of Arakelian Enterprises, Inc. (DBA Athens Services) Request for an Annual Rate Adjustment to the Maximum Rates for Solid Waste Services Environmental Programs Manager Staff Request Mar. 29, 2023 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing WEDNESDAY, MAY 31, 2023 @ 6:00 PM FISCAL YEAR 2023–2024 BUDGET STUDY SESSION 740 3 WEDNESDAY, JUNE 7, 2023 @ 6:00 PM SPECIAL MEETING: • Applicant Interviews for Parks, Recreation and Community Resources Advisory Commission • Applicant Interviews for Planning Commission • Appointments to the Parks, Recreation and Community Resources Advisory Commission • Appointments to the Planning Commission JUNE 13, 2023 @ 5:00 PM INITIAL DATE CLOSED SESSION JUNE 13, 2023 @ 6:00 PM PRESENTATIONS PROCLAMATION DECLARING JUNE 2023 AS PRIDE MONTH IN HERMOSA BEACH 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 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 2, 2023 Community Resources Manager Ongoing Action Minutes of the Civil Service Board Meeting of April 19, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for April 2023 Emergency Management Coordinator Ongoing Hermosa Beach Landscaping and Street Lighting District 2023-2024 Adoption of Resolutions Regarding the Engineer’s Report and Setting July 11, 2023 for a Public Hearing Public Works Director Annual Adoption of the 2023-24 Appropriations List Finance Director Annual 2021-22 Annual Comprehensive Financial Report (ACFR), (Including Report from Independent Auditors) Finance Director Annual PUBLIC HEARINGS – 6:30 PM Adoption of Fiscal Year 2023-24 Budget Finance Director Annual First Reading - Ordinance to Amend the Hermosa Beach Municipal Code Section 17.04.040 and Chapter 17.21 Regarding ADUS And JAUDS Community Development Director Staff Request Apr. 13, 2023 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 741 4 NO MEETING JUNE 27, 2023 (DARK) JULY 11, 2023 @ 5:00 PM INITIAL DATE CLOSED SESSION JULY 11, 2023 @ 6:00 PM PRESENTATIONS RECOGNIZING NATIONAL PARKS AND RECREATION MONTH 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 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 6, 2023 Community Resources Manager Ongoing Action Minutes of the Civil Service Board Meeting of May 17, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for May 2023 Emergency Management Coordinator Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of June 20, 2023 Community Development Director Ongoing Second reading of a Request for an Ordinance to Amend The Hermosa Beach Municipal Code Section 17.04.040 and Chapter 17.21 Regarding ADUs and JADUs. Community Development Director Council Direction Jun. 13, 2023 PUBLIC HEARINGS – 6:30 PM Review Delinquent Solid Waste Collection (Refuse) Charges for Consideration of Placing Said Charges on The Property Tax Rolls as a Special Assessment Affecting Only Those Properties With Refuse Bills Delinquent as if March 31, 2022 Environmental Programs Manager Annual Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2023 - 24 Public Works Director Annual FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing 742 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 This item will be addressed through the creation of the Volleyball Court Use Policy, to be reviewed by City Council in 2023 (date to be determined) 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 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 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 743 6 Administrative Memorandum (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 The next update to City Council will be in 2026 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 Consideration of Non-Profit Grant Program Initiated by: Council Direction March 9, 2022 Deputy City Manager 744